Home > Terms > English (EN) > Law and Morality (Some aspects)

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.

0
  • Part of Speech: proper noun
  • Synonym(s):
  • Blossary:
  • Industry/Domain: Law
  • Category: Laws and acts
  • Company:
  • Product:
  • Acronym-Abbreviation:
Collect to Blossary

Member comments

You have to log in to post to discussions.

Terms in the News

Billy Morgan

Sports; Snowboarding

The British snowboarder Billy Morgan has landed the sport’s first ever 1800 quadruple cork. The rider, who represented Great Britain in the 2014 Winter Olympics in Sochi, was in Livigno, Italy, when he achieved the man-oeuvre. It involves flipping four times, while body also spins with five complete rotations on a sideways or downward-facing axis. The trick ...

Marzieh Afkham

Broadcasting & receiving; News

Marzieh Afkham, who is the country’s first foreign ministry spokeswoman, will head a mission in east Asia, the state news agency reported. It is not clear to which country she will be posted as her appointment has yet to be announced officially. Afkham will only be the second female ambassador Iran has had. Under the last shah’s rule, Mehrangiz Dolatshahi, a ...

Weekly Packet

Language; Online services; Slang; Internet

Weekly Packet or "Paquete Semanal" as it is known in Cuba is a term used by Cubans to describe the information that is gathered from the internet outside of Cuba and saved onto hard drives to be transported into Cuba itself. Weekly Packets are then sold to Cuban's without internet access, allowing them to obtain information just days - and sometimes hours - after it ...

Asian Infrastructure Investment Bank (AIIB)

Banking; Investment banking

The Asian Infrastructure Investment Bank (AIIB) is an international financial institution established to address the need in Asia for infrastructure development. According to the Asian Development Bank, Asia needs $800 billion each year for roads, ports, power plants or other infrastructure projects before 2020. Originally proposed by China in 2013, a signing ...

Spartan

Online services; Internet

Spartan is the codename given to the new Microsoft Windows 10 browser that will replace Microsoft Windows Internet Explorer. The new browser will be built from the ground up and disregard any code from the IE platform. It has a new rendering engine that is built to be compatible with how the web is written today. The name Spartan is named after the ...

Featured Terms

Silentchapel
  • 0

    Terms

  • 95

    Blossaries

  • 10

    Followers

Industry/Domain: Plants Category: Plants

mother-in-law's tongue

Sansevieria trifasciata, also called snake plant, mother-in-law's tongue or Saint George's sword, is an evergreen perennial plant ...

Featured blossaries

Notorious Gangs

Category: Other   2 9 Terms

start

Category: Other   1 1 Terms

Browers Terms By Category