The tension between the hartian recognition rule and the ethical-moral principles

Abstract

This paper introduces, based on analytical-structuralist mechanisms, a concrete examination of the compatibility between the existence of a recognition rule, understood as a mechanism for identifying an operational right, with the presence of principles applicable to the interior of legal systems only for their ethical-moral content. Based on this study, analytical keys are proposed that constitute a new methodological path for the study of the problems of the philosophy of law. This methodology is based on the renewed understanding of the sociological, psychological, economic and political elements that underlie the primary postulates of philosophical ius theory, based on tools proposed by the structuralist school of philosophy.

KEY WORDS: Philosophy of law, mechanisms of identification of law, rule of hartian recognition, moral principles in legal systems, law and structuralism.

JEL CODE: A14, D01