МОРАЛНИ РЕЛАТИВИЗАМ У АНГЛО-АМЕРИЧКОЈ ЈУРИСПРУДЕНЦИЈИ
THE MORAL RELATIVISM WITHIN THE ANGLO-AMERICAN JURISPRUDENCE

Summary/Abstract: According to the main request of the Positivists, the Theory of Morality shouldn't be taken into consideration while enacting the law. Thus, law should be freed of any influence of morality. Therefore, Posner believes that law shouldn't be studied from the point of view of the Philosophy of Morality. It should be considered from the pragmatic standpoint. Moral theorizing cannot contribute to the development of the legal science. Hart believes that the conceptual unity between law and morality is wrong and he names it "phantom". As said by those two, the Philosophy of Morality has nothing to offer to the learned lawyers or judges when passing judgement, or establishing legal doctrines.This attitude either leads to the posthumous future or takes us back to the horrors of Nazi regime. It is easy to realize that the assumption is outdated. Legal regulations cannot be simply identified with the compulsion. Thus, something downright immoral cannot be accepted as the law.

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