ABSTRACT:
Starting from the assumption of the inadequate comprehension of the foundation and the ultimate purpose of law as Kant and Cicero observed in jurists, this paper looks at the positivist interpretation of law, critically analysing the tenets of legal positivism and how this approach to law upholds amoral laws. Dissociating morality from law has the tendency to derail society of ethical and moral values, plunging it on the slippery slope of the perversion of justice, something that undermines public morality and ushers in a social menace. In order to avert such an unfortunate situation, we should look at the philosophical foundations and the ultimate purpose of law as an institution that exists in service of humanity. For this reason, the paper concludes on the note that any vision of law should address itself primarily on the subject and object of law, the human being. Thus, the creation of a legal system and the interpretation of laws that foster the maintenance of public order, the adequate resolution of conflicts and the peaceful coexistence of the members of a society require an integral anthropology.
BANGURA, L (2021). The Positivist Theory of Right and Law and Its Moral Implications in the Contemporary World. Afribary. Retrieved from https://tracking.afribary.com/works/the-positivist-theory-of-right-and-law-and-its-moral-implications-in-the-contemporary-world
BANGURA, LEONARD "The Positivist Theory of Right and Law and Its Moral Implications in the Contemporary World" Afribary. Afribary, 08 Mar. 2021, https://tracking.afribary.com/works/the-positivist-theory-of-right-and-law-and-its-moral-implications-in-the-contemporary-world. Accessed 09 Nov. 2024.
BANGURA, LEONARD . "The Positivist Theory of Right and Law and Its Moral Implications in the Contemporary World". Afribary, Afribary, 08 Mar. 2021. Web. 09 Nov. 2024. < https://tracking.afribary.com/works/the-positivist-theory-of-right-and-law-and-its-moral-implications-in-the-contemporary-world >.
BANGURA, LEONARD . "The Positivist Theory of Right and Law and Its Moral Implications in the Contemporary World" Afribary (2021). Accessed November 09, 2024. https://tracking.afribary.com/works/the-positivist-theory-of-right-and-law-and-its-moral-implications-in-the-contemporary-world