THEORETICAL AND PRACTICAL CONVERGENCIES BETWEEN LAW AND MORALITY

Authors

  • Gabriela NEMTOI University Associate professor PhD., Stefan cel Mare University of Suceava, The Faculty of Law and Administrative Sciences, Romania
  • Oana NESTERIUC University Lecturer PhD., Stefan cel Mare University of Suceava, The Faculty of Economic Sciences and Public Administration, Romania

DOI:

https://doi.org/10.18662/eljpa/20

Keywords:

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.

Author Biographies

Gabriela NEMTOI, University Associate professor PhD., Stefan cel Mare University of Suceava, The Faculty of Law and Administrative Sciences, Romania

University Associate professor PhD., Stefan cel Mare” University of Suceava, The Faculty of Law and Administrative Sciences, Romania

Oana NESTERIUC, University Lecturer PhD., Stefan cel Mare University of Suceava, The Faculty of Economic Sciences and Public Administration, Romania

University Lecturer PhD., Stefan cel Mare” University of Suceava, The Faculty of Economic Sciences and Public Administration, Romania

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Published

2017-12-21

How to Cite

NEMTOI, G., & NESTERIUC, O. (2017). THEORETICAL AND PRACTICAL CONVERGENCIES BETWEEN LAW AND MORALITY. European Journal of Law and Public Administration, 4(2), 110-118. https://doi.org/10.18662/eljpa/20

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