PERSPECTIVES ON THE RELATIONSHIP BETWEEN LAW AND MORAL: BRIEF SUMMARY

Abstract

This article focuses on the relationship between law and morality. It aims to discuss, briefly and concisely about the way in which the positivist and non-positivist legal currents qualify the relationship between those regulatory fields. In this vein, while the positivist thesis support the independence of the moral and legal fields, ie, the legal normativity has its validity assured due to formal criteria of validity and social effectiveness, non-positivist theories argue sometimes a relationship of dependency, now a complementary relationship with the law. The theme is in one of the leading and oldest problems for the concept of law. Dating back to classical antiquity and remains present in the controversy over the criteria of validity and legitimacy of the rule of law.