Abstract

VIGO, Rodolfo Luis. Law and Morality (Practical Reason): Connections in Times of the Constitutional Rule of Law. Probl. anu. filos. teor. derecho [online]. 2021, n.15, pp.53-96.  Epub May 31, 2022. ISSN 2448-7937.  https://doi.org/10.22201/iij.24487937e.2021.15.16119.

Constitutional Rule of Law has exposed connections between law and rational morality, and on this point, the 1970s “movement for the rehabilitation of practical reason” heavily inspired by writers like Kant and Aristotle, provided a functional theoretical framework to these ends. Some examples illustrating this statement are Robert Alexy’s (dialogic-constructivist) and John Finnis’s (realist-iusnaturalist) legal theories, which endorse -on different grounds- up to nine connections between law and morality, facilitating an understanding and operability of law to serve an objectively better or more valuable law. If there is no reason capable of defining what is good or bad, just or unjust, this objective is thwarted and the distance between these two inseparably human domains and realities is preserved.

Keywords : Rule of Law; Constitutional State of Law; Practical Reason; Rational Morality; Moral Cognitivism; Moral Scepticism.

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