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The relationship between Morality and Law and Differences in the frame and reference to Sources of Constitutional Law

The definition of an act as moral/immoral, and legal/illegal as well as their relationship and differences, may be different in Law, actually Penal Law of countries, as this all has to do with Legal culture, moral values and evolution of Penal Law, hence legal culture per country.

For ex. as we've said elsewhere already, an act in some countries may be just immoral but not illegal,and vice versa, an act may be illegal but not immoral at the same time. To analyze this better we'd state some examples of each case: For ex. drugs or some drugs in some countries are legal, while in others they are not legal ones. For ex. 'hash' as drug is free in some countries of Europe, while in Greece for ex. it's illegal and punished by Law.

Some examples now, in regard to immoral but legal acts. For ex. proceeding to some immoral acts, that are condemned in social conscience incl.personal conscience of people, if not all people, due moral tradition and customs, are not penalized, but they should do so, (we've mentioned this already last time,..in book translation of Penal Law), because if they are addressed to non adult people, they may suggest, force of moral conscience of these non adult people, by further forcing their free will, which they cannot have, as they may not be aware of what they are actually doing, and cannot thus have a complete clear free will at this age; this is opposed to basic principle of main source of Constitution, Natural Law, that protects legally free human will.

Then how, should Law solve in these terms, and within its own frame such problems? Penal Law, as we've said in the beginning of book translation of Penal Law, won't prevent acts as such, but will set the frame, and conditions upon which such illegal acts are deterred. Penal Law, won't punish acts, but legal results. It can punish acts, when they are involved in legal results and consequences, by functioning as preventive justice this way. Actually, we must see when an illegal act involves also immorality, (immorality can fall into principles also of Custom Law), upon conflict of immoral, not penalized acts, into offense of rights of others; thus while an immoral act may involve harm of oneself only, illegal acts are turned to such from immoral ones, at the time, when, acts of others are turned to rights of some others, involved, and indeed harm them, by offending also fundamental rights of them, mainly absolute ones. This kind of procedure, is good for raising ambiguities, and solve legal conflicts between Natural Law and Custom Law, in view of all above factors, that, as said may vary from country to country, and subject to moral culture, whose rules may be subject also to Law.

In cases, where an act is punishable, but Judge has to choose the punishment that fits most, he/she should first identify the act in terms of result, and the rate to which this act, and relative results, is legal or moral, if for ex. it's 40% immoral, and 60% illegal, like drugs, -for ex. a drug user may be turned to a drug merchant, which further can cause traffickling, or money laundry. Thus, Judge should refer to those organic laws (of Positive Law), which correspond to more essential laws, involving multiple rules of law, to find the best law, that should punish an act, in terms of result, but also in the frame of subjective substance of crime, viewing it as an act, that involving immorality, should bring a relative legal result in the long run. The main axe, of such particular cases of Penal Law, are fundamental rights, if fundamental rights are offended, but not punished by Law, judge should guess the potential results in the long run. Fundamental righst are here and function as a 'vertical axe', that rules, 'zone of security of Morality and Law, and act in the frame of Law of Protection, for people. Thus, also to complete, what could be the alternatives, 'before an act should have legal definitive results, and whether it could have been avoided, by being replaced from another act, identified as legal one, although not so moral one: This at first level, and in second level, Law maker applies Protection of Law, in the frame of Penal/Preventive Justice, by setting the term if/if not,and relative content of acts, that could lead to irreversible results; in this cases, ther should better be a combination of equally organic laws, and inorganic ones, within range of which, usually Fundamental rights fall. For ex. the principle of free self disposal does not imply that one can do what one wants, always, yes, this is so, but should not offend the equivalent corresponding rights of others, in case they do. Fundamental righs are the point of balance between contradictions of sources of Law, and mainly, they can ensure potentially in advance, that an immoral act, won't turn to an illegal one, in the frame of Preventive Justice, and in order to protect social order, incl. case of Penal Law, as Social Law. Thus hence, through Penal Law, are tested resistance and tolerance of Morality, in the frame of Custom Law: The principle of legal protection is: what usually applies, and further what has usually applied in the past, as moral and legal norm if so, at the same time.

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