Ideological Positivism

Defended by some theoretical positivists, the ideological positivism establishes that the own formal criteria evaluating the law have consequences as much juridical as moral. The existence of law, whatever its origin and nature, implies the existence of a minimum of justice and therefore generates moral implications. These moral implications are reflected in Goethe's quotation: "I prefer injustice to disorder." This is the same idea ideological positivism defends, was born in 1960.

There are two differentiation criteria, the weak version and the strong version. The first one says that law is a source of personal security, insofar as the individual can decide his actions based on the knowledge of its hypothetical consequences; therefore establishes the right as a necessary component of morality. Once established this principle of morality, law enforcement will stand as a necessary principle for morality: "law is the law" and must be respected if it is to achieve order or justice. On the other hand, the strong version indicates that the law must be obeyed unconditionally, the right for the simple fact of being right is just and becomes the supreme value to which it is owed obedience. Moral values ​​are a simple specification of legal values ​​and therefore there is no contradiction between law and morality. According to Hobbes's definition of the state, this is the result of a social contract, the only response to the perpetual state of war between human beings. The social contract emanates the State, a state that through the law will be placed above the individuals themselves.

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