DEMOCRATIC BASIS OF LEGAL DECISION AND THE ISSUE OF LAW AND MORAL – A VISION FROM HART’S NEW POSITIVISM AND CARLOS SANTIAGO NINO’S CRITIQUE

Authors

  • Eneida Desiree Salgado
  • Emerson Gabardo

DOI:

https://doi.org/10.5380/rfdufpr.v48i0.15747

Keywords:

Herbert L. A. Hart, C. S. Nino, direito e moral, decisão judicial, law and moral, judicial decision

Abstract

The text has as its main purposeto describe part of the juridical argumentsdeveloped by two important Philosophy ofLaw authors from the 20th century: HerbertLionel Adolphus Hart and Carlos SantiagoNino. Emphasis is given on the matter of thejudicial decision, taking as a starting pointthe need for the analysis of the matter of Lawand of moral. The confrontation between thearguments developed not only by theaforementioned authors but also by otherthinkers broaches the subject. The text alsoaims at putting forth the traditional discussioncarried through in the beginning of the 20thcentury in order to help provide an adequatereflection concerning the limits and thepossibilities of interpretation of Law and ofthe judicial decision nowadays.

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How to Cite

Salgado, E. D., & Gabardo, E. (2008). DEMOCRATIC BASIS OF LEGAL DECISION AND THE ISSUE OF LAW AND MORAL – A VISION FROM HART’S NEW POSITIVISM AND CARLOS SANTIAGO NINO’S CRITIQUE. Revista Da Faculdade De Direito UFPR, 48. https://doi.org/10.5380/rfdufpr.v48i0.15747

Issue

Vol. 48 No. 0 (2008)

Section

Artigos

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