Law, Morality, and the Existence of Human Rights

Ratio Juris 25 (1):2-14 (2012)
In the debate between positivism and non-positivism the argument from relativism plays a pivotal role. The argument from relativism, as put forward, for instance, by Hans Kelsen, says, first, that a necessary connection between law and morality presupposes the existence of absolute, objective, or necessary moral elements, and, second, that no such absolute, objective, or necessary moral elements exist. My reply to this is that absolute, objective, or necessary moral elements do exist, for human rights exist, and human rights exist because they are justifiable
Keywords No keywords specified (fix it)
Categories (categorize this paper)
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 9,351
External links
  • Through your library Configure
    References found in this work BETA

    View all 14 references

    Citations of this work BETA

    No citations found.

    Similar books and articles

    Monthly downloads

    Added to index


    Total downloads

    36 ( #40,411 of 1,088,398 )

    Recent downloads (6 months)

    3 ( #30,936 of 1,088,398 )

    How can I increase my downloads?

    My notes
    Sign in to use this feature

    Start a new thread
    There  are no threads in this forum
    Nothing in this forum yet.