Abstract:
The relevance of the topic of this paper is due to the insufficient
study of the problems of inclusive legal positivism in the modern
philosophy of law. The problem of substantiating the thesis of the
inclusion of morality in law on the basis of rational argumenta-
tion of scientists and legal practice data considered in the paper
allows an innovative analysis of basic legal concepts. The subject
of the research is to analyze the methods of moral, ethical and legal
argumentation in the works of representatives of inclusive legal
positivism. The purpose of the work is to theoretically reconstruct
the essence of the debate between inclusive and exclusive legal
positivism. The novelty of the topic is due to the lack of studies
in the educational and scientific literature on the specifics of the
argumentation of inclusive legal positivism, set out in the scientific
works of Will Waluchow and Kenneth Himma, the need to rethink
traditional ideas about the theory of legal positivism. The research
methods used in the paper is the methods characteristic of analyt-
ical jurisprudence, including those related to the use of methods
of logical and linguistic analysis, as well as special legal methods
(formal legal method of interpretation of regulatory prescriptions).
The main conclusions of the paper are to reveal the key arguments
of the concept of inclusive legal positivism. It is proved that from
the point of view of this concept, the law has moral grounds, and
judges in some cases use moral reasoning when making court de-
cisions.
