THEORETICAL AND PRACTICAL CONVERGENCIES BETWEEN LAW AND MORALITY
DOI:
https://doi.org/10.18662/eljpa/20Keywords:
morality, law, code of conduct, laws, ethics.Abstract
There is a connection between law and morality as the one between a part and a whole because the study of law is based on finding out answers to less parctical questions which are more philosophical. The starting point when studying law is always morality as the two phenomenon are in a tight connection. The present study represents in itself a challenge as the theme itself stood out as an issue that has been debated ever since the ancient time. Throughout time it has been proved that the evolution of both the state and the society has positioned the link between the law and the morality within a vast area of study. In order to demonstrate the relationship that exists between the law and morality, we will revise the reference points that were established by the philosophy of the law, having thus the chance to further briefly discuss both the arguments and counterarguments regarding this point of view. Our detailed analysis regarding the law – morality binomial will finally followed by the observation that there is no difference based on actual facts or reason bewteen law and morality, on the contrary, there is a close relationship between them which is proven by a series of examples from the civil law of this given principle. Through this study we will attempt to demonstrate the fact that through its origin, evolution and its final goal, law is not only bound to but also is not capable of overlooking morality. Morality plays an important role in itself by being the foundation of law itself.References
Popescu, S. (1999). Teoria generalA a dreptului. Bucuresti: Ed. Lumina Lex.
Aristotel (2000). Politics. Dover Publications.
Malberg, C. De (1920). Contribution a theorie generale de l'Etat, Paris: Librairie de Recueil, Sirey.
Hume, D. (1999). Tratat despre natura umana. In A.P. Iliescu; E.M.Socaciu, coord., Fundamentele gandirii politice moderne, Iasi: Ed. Polirom.
Kant, I. (2013). Metafizica moravurilor. Romania: Antet.
Popa, N. (1994). Teoria generala a dreptului. Bucuresti: Editura Actami.
Vecchio, G. (1995). Lectii de filosofie juridica Bucuresti: Ed. Europa Nova.
Ripert, G. (1927). La regle morale dans les obligations civiles. Paris: Librairie Generale de Droit et de Jurisprudence.
Vecchio, G.D. (1938). Justice, droit, d'Etat: Etudes de philosophie juridique. Paris: Librairie du Recueil Sirey. p.171
Plato (2017). The Republic. CreateSpace Independent Publishing Platform.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2017 Gabriela NEMŢOI, Oana NESTERIUC
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication, with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work, with an acknowledgement of the works authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g. post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in European Journal of Law and Public Administration.
- Authors are permitted and encouraged to post their work online (e.g. in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as an earlier and greater citation of published work (See The Effect of Open Access).
EJLPA Journal has an Attribution-NonCommercial-NoDerivs
CC BY-NC-ND
