IUSPOSITIVISM AND ITS COMPATIBILITY WITH THE HUMAN RIGHTS

Abstract

The predication of Law has the consequence that the concepts that are said about its nature can mean different genres. Genre constitutes identity or otherness in its relationship with different entities. In this way, what is said regarding the nature of Law conditions its relationship with other entities; Positive Law and Human Rights, can mean entities that are related to identity, due to their discursive construction or are rejected due to otherness. This happens with the different concepts of positive law, since its conceptualization can complicate its harmonization with Natural Rights, since what is predicated of one or the other determines if they can occupy the same discursive space with a relationship of genre and species, primary entity and secondary entity. The element that determines that the relationship between positive law and Human Rights is possible is morality because formalist positivism advocates the separation of Law with other entities, including morality.