Positive Law and Morality – Violence and Coercion

Abstract

The paper focuses on the conceptual analysis of law and morality from the perspective of their relationship with the concept of violence and coercion. The author makes a phenomenological analysis of the concept of law and morality pointing out their ambiguity and difficulties in defining their mutual relation. This analysis leads to a conclusion that there is a necessity to take into consideration three phenomena (law, morality and positive law) to define this relation correctly. This allows protection of the content of the positive law against dogmatism and ideologies. The author also challenges a thesis on a special role of morality in social relationships and strongly emphasizes the essential and primary role of the positive law in these relations.