Emotivism as a meta-ethical foundation of legal positivism in the context of Hans Kelsen’s pure theory of law

Abstract

The subject of the article is the problem of meta-ethical assumptions of legal positivism in the context of Hans Kelsen's pure theory of law. Investigating this issue allows us to answer the question regarding the vision of morality underlying the thesis of separation of law from morality, i.e. independence of the application of law from its relations with morality (norms of justice). Indication of the emotional nature of moral statements is Kelsen’s main argument. They express only attitudes and preferences, and their validity is only subjective. Therefore, they cannot serve as a basis for the validity of legal norms if they are to be perceived as objectively binding. Judgments regarding justice have no objective significance from the validity of law point of view.