TY - JOUR
TI - Positive law – facts and norms – violence and coercion
AU - Bekrycht, Tomasz
TI - Positive law – facts and norms – violence and coercion
AB - 
	This article focuses on the conceptual analysis of law and morality from the perspective of their relationship with the concepts of violence and coercion. The author conducts a phenomenological analysis of the concepts of law and morality, pointing out their ambiguity and the difficulties with defining their mutual relations. This analysis leads to the conclusion that three phenomena (law, morality and positive law) must be taken into consideration for those relations to be correctly defined. This allows the content of positive law to be shielded against dogmatism and ideologies. The author also challenges the thesis of a special role of morality in social relationships and strongly emphasises the crucial, primary role of positive law in those relations
VL - 2015
IS - Volume 61-62
PY - 2016
SN - 0867-5392
C1 - 2084-3887
SP - 177
EP - 203
DO - 10.4467/20843887PI.15.010.5539
UR - https://ejournals.eu/en/journal/principia/article/prawo-pozytywne-faktycznosc-i-obowiazywanie-przemoc-i-przymus
KW - positive law
KW - morality
KW - will
KW - violence
KW - coercion