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Law and Morality (Some aspects)

Law and Morality are in an indirect relation between each other, from aspect, that actually Law and here Penal Law is not interested in individual intentions but in acts as such, and on basis of Positive Penal Law, it defines the acts that are punished by it. Thus in terms of typical Penal Law, personal morality is 'indifferent' to it; in terms of essential Law, and here essential Penal Law, penal rules may be close many times to rules and 'orders of conscience' upon being expressed to morality. From this point of view penal rules are sometimes on the 'cusp' of conversion of moral acts to penal ones. And indeed, essential penal law, is 'interested' in moral acts, to the point and measure they represent social values that also in terms of Social Law, as Penal Law is, these values are expressed in legal values, and the type of them. Thus social values, become moral ones, when intentions are turned to specific acts, that set into bias, all conditions that define them. Thus, while acts do not examine' morality, as such, the moral nature of some acts, upon being penalized within legal frame set by Law, they can be penalized too. For ex. intention to kill is not punished by Law a such, but murder is a crime and as penal act it's punished by law, to the measure and extent it produces legal results. And prevention of legal results, means that legal values, or a legal value may be offended. For ex. to be more concrete in this point, freedom is a social, legal value, ensured by Constitution. But a member in a society said to be ruled by Law, thus State of Law, noone is entitled (has the legal right) to kill for one's freedom. Or Courts and Justice would have no reason to exist, as guarantors of social balance in a country/state. We can say further at this point that while morality is not the object of Justice as such, moral acts, are often the tools of Judge, in terms of way they are expressed, and attribute content to objective substance of crimes/generall y penal acts, as subjective substance of acts deriving from morality. Thus, while Constitution wants and seeks to ensure all legal values expressed in legal rights on one hand and obligations of citizens on the other hands, there is an order,in society of social values, and these social values acquire their meaning and significance within a frame of hierarchy, that also ruled in the middle by Fundamental rights, they'll define this hierarchy, with main criteria, Penal Law, which (social/legal) value is above another one in hierarchy, where also fundamental rights and hence legal rights draw their content, importance and substance.

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  • Category: Laws and acts
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