The Institutional Dimension of Law and the Conceptual Thesis of the Connection of Law and Morals

Abstract

We could say that the institutional dimension of law has been something like the philosopher’s stone of legal positivism. However, it must be acknowledged that non-positivist or post-positivist theories have had and continue to have problems to fully incorporate it into their conceptual framework, articulating it with the substantive dimension of law. My aim, therefore, is to provide a brief overview of the problems and possible obstacles that prevent the full development of a conception of the institutional dimension of law that would allow us to construct a theory of law adapted to the reality of the constitutional rule of law.