Document Type : Article

Authors

1 Associate Prof, Department of Public Law, Faculty of Law of farabi, University of Tehran, Iran

2 Phd student in public Law, Faculty of Law of farabi, University of Tehran, Iran

Abstract

The discussion of the ethical ontology of states and the relationship between the legal system and the moral system and their influence on each other is one of the most important topics in contemporary legal philosophy and the trend of public law. The moral paradigm of states, which are divided into two spectrums of neutral and perfectionist states, is different. Neutral states, meanwhile, often fall into the category of moral non-realists due to their individualistic structure and belief in the contractual legitimacy of power and their acceptance of moral relativism. Proponents of anti-realism believe that moral values and requirements are not outside the minds and perceptions of individuals, and that the standard of morality is determined by individuals. In this theory, it is emphasized that ethics has no spatial ends and is relative. Therefore, this paper tries topresent the views in the field of moral anti-realism with an analytical and descriptive method, describing the theoretical foundations of neutral states and the intellectual foundations of the school of anti-realism - in cases such as relativism, subjectivism, and non, emotionalism and non-driven is from ought.

Keywords

Main Subjects

  1. English

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