Hukuk ve Ahlak İlişkisi Üzerine Bir Değerlendirme

Ahlâk Journal 3 (1) (2023)
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Abstract

In addition to the laws that regulate society, morality has also had an important place. The fact that law and morality have related sources and aims has made it inevitable for the two fields to interact. Throughout the history of philosophy, law and morality have sometimes been related and sometimes separated from each other with sharp boundaries. After the Middle Ages, when these two fields began to be clearly abstracted from each other, it was argued that law and morality were separate and that law derived its authority not from morality but from the sovereign power. With the authority of law being sovereign-centred, positive views on law increased and natural law views were rejected. Positive jurists reject the moral validity accepted by natural law and claim that legal validity is ultimately a product of the normative structure of a legal system. For this purpose, our study will examine the foundations of law and morality and the ways in which they are handled in the history of philosophy of law.

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