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PENAL LAW Translation of Book in Penal Law
Book Translation, Part 16 (from previous days, this text involves also some self creation of translator):
Thus mission of Law is double. On one hand protection of legal values, on the other hand protection of legal rights of citizens.
Furthermore we could say, that issuing a law, and addressing some behavior, of someone, as act that does not actually offend and harm any legal value, is arbitrary legislation, at least it constitutes the legal base for being called/defined/addressed as such, or just involving such behavior theoretically or potentially, without being truly committed. This further is analyzed as 'discount on legal values, with potential offense of legal rights that are referred to Co Book Translation, Part 16 (from previous days, this text involves also some self creation of translator):
Thus mission of Law is double. On one hand protection of legal values, on the other hand protection of legal rights of citizens.
Furthermore we could say, that issuing a law, and addressing some behavior, of someone, as act that does not actually offend and harm any legal value, is arbitrary legislation, at least it constutites the legal base for being called/defined/addressed as such, or just involving such behavior theoretically or potentially, without being truly committed. This further is analyzed as 'discount on legal values, with potential offense of legal rights that are referred to Constitution, and mainly Natural Law as source of Law.
Since Law seeks to rule behavior of others between them and define the legal limit of personal and social behavior, Penal Law, may not function either as abusive law, for other purposes, or seek an utlimate interpretation, or application just in a sense of determinism and ultimatism. Because, societies change, evolve, and along with them, Law and legal culture evolves, thus needs urge for issuance of other laws, that would replace previous ones, redefining social rights of people, as we know already and said, Penal Law, is kind of Social Law as branch of General Law, but it's not allowed to offend or undermine legal values, by any means, and from this point of view it's a static and not dynamic one, not serving (at this point) the sense and field of determinism, in regard to main legal values and rights corresponding to them. Because human values, thus upon being applied in Penal Law as well are eternal, and not moving, thus sense of determinism lies at the point and sense, only, of representation and corresponding of legal rights to legal culture generally, and not just values. Let's also not forget that one of purposes of Law, in the short and long run, is to teach us from experience, our own experience, and the one of others, each legal case being unique, and in the sense of legal protection of rights, Penal Law as well, as deriving from Constitution, in a general combination of values of Constitution, that we are all equal before Law as citizens, that in the frame of State, we 'feel safe and safety' and mission of State is to protect legal rights of people, in personal and social level, this last being directly connected to mission of Penal Law, that we are human units to 'evaluate' and not to 'count' only, and in this term and from this sense, we deserve to have self-esteem as citizens, and in view of all above. Here thus lies the double mission of Law, included Penal Law. (continues in Part 17, next time).
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