Open AccessInteraction between Law and Morality: The Philosophical Construct
Author(s) -
Muhammad Mumtaz Ali Khan,
Muhammad Danyal Khan,
Ali Imran
Publication year - 2021
Publication title -
annals of social sciences and perspective
Language(s) - English
Resource type - Journals
eISSN - 2788-8797
pISSN - 2707-7063
DOI - 10.52700/assap.v2i2.110
Subject(s) - morality , positivism , legal positivism , naturalism , law , epistemology , philosophy of law , construct (python library) , state (computer science) , sociology , legislation , political science , philosophy , comparative law , computer science , algorithm , programming language
This paper discusses the jurisprudential analysis of law and legislation in a modern state. The main objective of this analysis is to ascertain the role and status of morality in the modern constitutional setup. Various views of legal positivism will be probed in light of the role of morality in codification. The study will comprise upon doctrinal analysis of various positivist writers of the 20th century. Contemporary elements of law in the modern nation-state system are more pro-positivist in approach rather than moral. In the light of these elements, the reader will understand the scope of morality especially religious morality in the contemporary legal framework. A comparative analysis will explain the standards of both theories of legal positivism and naturalist interpretation of laws.