Toleration of Evil and the Fragility of the Law Cover Image

Toleration of Evil and the Fragility of the Law
Toleration of Evil and the Fragility of the Law

Author(s): Jorge Sanchez-Perez
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: toleration; evil; law; positivism; Hart; Kelsen; rules-based international order

Summary/Abstract: Given the reality of legal orders collapsing or breaking, this paper argues that a good explanation is needed to understand this phenomenon. It adopts a Hartian account of positivism and considers law as part of a larger set of social facts and orders. The paper analyzes the relationship between evil moral commitments and the law. It concludes by showing that it might be more conducive to analyzing the loss of faith in a legal system as an explanation for its collapse rather than thinking about problematic commitments to evil moral attitudes.

  • Issue Year: 72/2024
  • Issue No: 3
  • Page Range: 259-275
  • Page Count: 17
  • Language: English
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