Abstract
Noting the similarities in content, form, and function between law and morality, the article examines significant differences between these two systems of normative social order. Having distinguished positive and critical morality, the article discusses whether (1) law ought to incorporate the positive morality of the citizens of that jurisdiction, (2) the critical moral principles that we adopt to criticize positive morality ought to be the same as those we use to criticize law, and (3) the role of human rights ought to keep law within morally acceptable bounds. This involves discussing the theoretical disagreements between legal positivism and natural law theory in terms of the ‘separability thesis,’ and touches on the controversial role of human rights as an essential moral minimum for valid law.
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