Law and morals : proceedings of the special workshop held at the 28th World Congress of the International Association for Philosophy of Law and Social Philosophy in Lisbon, Portugal, 2017

The relationship between law and morality is a topic which receives special importance and attention, especially in "liberal democracies" in which the law is supposed to regulate highly pluralized and fragmented societies. Under conditions of plurality of values, many social forces and legal theories require a certain kind of neutrality from the legal system, a means of compatibility of the many "world views" and "moral systems" that are present within the same social space. Such a conciliating commitment sounds particularly relevant in times of the doctrinal ubiquity of ideas such as "peace based on human rights". This was the title of the 28th World Congress of the IVR in Lisbon, with the special workshop "Law and Morals" on which this e-book is based. It is divided into four parts: "Law and Practical Reason", "Conceptual Approaches on Law and Morals", "Legal versus Moral Normativity", and "Morals and Legal Positivism" Table of Contents 6 Introduction 8 Part I – Law and Practical Reason 14 (André Ferreira Leite de Paula) On the Unities of Law, Practical Reason, and Right: Foundations of the Unity of Reason beyond the Plurality of Knowledge and of Normative Orders 16 (Bruce Anderson /Michael Shute) Is There a Unity of Practical Reason that Embraces Law and Morals? 118 (Gabriel Alejandro Encinas Duarte) Is Argumentation Theory Applicable for Legal Pluralism? 130 (Héctor A. Morales Zúñiga) On the Moral Foundations of a Fair Trial 146 (Giulia Terlizzi) The New Role of Extra Legal Principles: A Comparative Overview 180 Part II – Conceptual Approaches onLaw and Morals 194 (Lorenz Kähler) What Constitutes the Concept Of Law? Potentialism as a Position Beyond Positivism and Natural Law Theory 196 (Andrés Santacoloma Santacoloma) Rethinking the Practical: The Migration Background of Thick Concepts 220 Part III – On Legal versus Moral Normativity 238 (João Andrade Neto) On the (dis)Similar Properties of Legal and Moral Duties 240 (João Maurício Adeodato) Law and Morals According to a Realistic and Rhetorical Philosophy: The Brazilian Case Revisited 258 Part IV – Morals and Legal Positivism 268 (Jing Zhao) On the Relation between Law and Morality: From the Separation to the Connection Thesis in Gustav Radbruch’s Legal Philosophy 270 (Wei Feng) Non-Positivism and Encountering a Weakened Necessity of the Separation between Law and Morality – Reflections on the Debate between Robert Alexy and Joseph Raz 306 (Yanxiang Zhang) The Separation Thesis and H.L.A. Hart’s Legal Positivism 336 (Henrique Neves) The Minimal Content of Natural Law: In What Sense is it Really Natural? 352 (Marin Keršić) Is There a Moral Obligation to Obey the Law? Separation Thesis and Legal Theory in Croatia 368 About the authors 376 Edited By André Ferreira Leite De Paula And Andrés Santacoloma Santacoloma. Includes Bibliographical References.