1,819 matches
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umane, morala ca datorie începe de la baza acestor realizări. Ea statuează principiul de bază potrivit căruia ordinea într-o societate este imposibilă și folosește mai degrabă interdicția, decât prescripția. Lon L. Fuller preia din lucrarea lui Adam Smith, Theory of Moral Sentiments, o comparație pe care o consideră deosebit de utilă în definirea celor două forme ale moralei. Morala ca datorie poate fi comparată cu "regulile gramaticale", iar morala ca aspirație "cu regulile pe care criticii le enunță în scopul de a
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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putea exista nicio îndoială similară vizavi de faptul dacă un act juridic clar și valid va modifica dreptul existent. Incompatibilitatea ideii de morală cu cea de modificare printr-un act deliberat este încorporată în sensul acestor termeni; "ideea unui legislativ moral cu dreptul de a crea și modifica norme morale, la fel cum actele juridice creează și abrogă legi, contrazice noțiunea de morală în general"111. Normele morale au un caracter spontan în apariția lor, sunt un produs colectiv "irațional" în
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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rezultă în continuare și dificultatea reconcilierii pedepsei cu regretul și iertarea. Regretul este reacția morală legată de răul moral, iar pedeapsa adăugată regretului este un rău care nu este necesar. Dar dacă pedeapsa este asociată încălcării legii și nu răului moral, cel care aplică pedeapsa nu trebuie să țină seama de faptul că infractorul regretă la fel cum nu contează dacă el consideră că acea lege este bună. La fel și în cazul iertării. Iertarea nu este legată de încălcarea legii
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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a heterogeneous area, liable to be interrogated nowadays from an interdisciplinary perspective. What should be clarified from the very beginning is the title of this study. The norms, as a whole, form the normative system of collectivity. The law and moral, as parts of the social superstructure, are aggregates of norms and normative systems. In fact, the legal system is a "system of systems", the legal norms are hierarchical, structurally grouped in establishments, in branches and the branches in the general
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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a "system of systems", the legal norms are hierarchical, structurally grouped in establishments, in branches and the branches in the general legal system. The law is an open, dynamic system, because it is always completed with new laws, while the moral is a static system, its norms are valid due to their content. Moral norms, the most "crystallized and specific" level of the moral, are coordinated within the system by the moral principles in conformity with the purpose of the human
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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The law is an open, dynamic system, because it is always completed with new laws, while the moral is a static system, its norms are valid due to their content. Moral norms, the most "crystallized and specific" level of the moral, are coordinated within the system by the moral principles in conformity with the purpose of the human action. The sciences studying law and moral can be frames, next to theology, in the class of sciences that "not only study the
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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it is always completed with new laws, while the moral is a static system, its norms are valid due to their content. Moral norms, the most "crystallized and specific" level of the moral, are coordinated within the system by the moral principles in conformity with the purpose of the human action. The sciences studying law and moral can be frames, next to theology, in the class of sciences that "not only study the rules, but create rules of conduct"1. The
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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are valid due to their content. Moral norms, the most "crystallized and specific" level of the moral, are coordinated within the system by the moral principles in conformity with the purpose of the human action. The sciences studying law and moral can be frames, next to theology, in the class of sciences that "not only study the rules, but create rules of conduct"1. The ethics is in charge with the analysis of the moral phenomena, being a branch of the
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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action. The sciences studying law and moral can be frames, next to theology, in the class of sciences that "not only study the rules, but create rules of conduct"1. The ethics is in charge with the analysis of the moral phenomena, being a branch of the philosophy, known as moral philosophy. The philosophy of law makes an approach of the juridical from the perspective of its universality, making interrogations with regard to the fundaments of its finality and to the
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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phenomena, being a branch of the philosophy, known as moral philosophy. The philosophy of law makes an approach of the juridical from the perspective of its universality, making interrogations with regard to the fundaments of its finality and to the moral justification of the principles of a good legislation. Such as we mentioned above, the law and the morals are normative systems, but one must state that it is a certain moral only having this aspect, and in order to accurately
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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good legislation. Such as we mentioned above, the law and the morals are normative systems, but one must state that it is a certain moral only having this aspect, and in order to accurately establish the relation between law and moral, an important distinction between moral as duty and moral as virtue must be done. This difference has been highlighted by certain authors, that made the difference between "morals as aspiration and moral as duty"2 or, in other words, between
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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mentioned above, the law and the morals are normative systems, but one must state that it is a certain moral only having this aspect, and in order to accurately establish the relation between law and moral, an important distinction between moral as duty and moral as virtue must be done. This difference has been highlighted by certain authors, that made the difference between "morals as aspiration and moral as duty"2 or, in other words, between the social and the civic
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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and the morals are normative systems, but one must state that it is a certain moral only having this aspect, and in order to accurately establish the relation between law and moral, an important distinction between moral as duty and moral as virtue must be done. This difference has been highlighted by certain authors, that made the difference between "morals as aspiration and moral as duty"2 or, in other words, between the social and the civic moral, aiming at the
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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to accurately establish the relation between law and moral, an important distinction between moral as duty and moral as virtue must be done. This difference has been highlighted by certain authors, that made the difference between "morals as aspiration and moral as duty"2 or, in other words, between the social and the civic moral, aiming at the human's socialization, and the moral aiming at "its founding in its being"3. The moral as aspiration, defined as a moral of
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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s socialization, and the moral aiming at "its founding in its being"3. The moral as aspiration, defined as a moral of the welfare, of perfection and full achievement of man4, is the object of virtue focused ethics, while the moral as duty is the object of research of the deontological doctrines. Consequently, in order to be able to investigate the relation between law and moral, we must take into account that moral as duty is only related to the law
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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perfection and full achievement of man4, is the object of virtue focused ethics, while the moral as duty is the object of research of the deontological doctrines. Consequently, in order to be able to investigate the relation between law and moral, we must take into account that moral as duty is only related to the law, being liable to be translated into legal norms, and not the moral as aspiration, focused on virtue, which is closer to esthetics. Even if this
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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the object of virtue focused ethics, while the moral as duty is the object of research of the deontological doctrines. Consequently, in order to be able to investigate the relation between law and moral, we must take into account that moral as duty is only related to the law, being liable to be translated into legal norms, and not the moral as aspiration, focused on virtue, which is closer to esthetics. Even if this difference is not a new one, it
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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that the second term is familiar to everybody. Unfortunately, this mistaken premise most often leaves the term with which the law is compared not investigated and that eventually, must be delimitEditura Though the existence of the relations between law and moral can difficultly be contested, their precise identification is highly difficult to make. Our research focused on highlighting the existence of a necessary relation between law and moral, on the need to include it in the legal system of the legally
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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eventually, must be delimitEditura Though the existence of the relations between law and moral can difficultly be contested, their precise identification is highly difficult to make. Our research focused on highlighting the existence of a necessary relation between law and moral, on the need to include it in the legal system of the legally valid norms, but contradicting the principles of morals and the need to recognize a minimum moral content of the law, represented by the moral fundamental requirements found
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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between law and moral, on the need to include it in the legal system of the legally valid norms, but contradicting the principles of morals and the need to recognize a minimum moral content of the law, represented by the moral fundamental requirements found in the legal systems of the societies that advanced up to the point where the law and the moral and differentiated as different forms of social control. The history of law's philosophy revealed numerous concerns in
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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law and the moral and differentiated as different forms of social control. The history of law's philosophy revealed numerous concerns in the direction of revealing the specific features of the law norms and individualization thereof in relation to the moral norms, but despite their obvious character, the features unable to be common for the law and morals have proven to be most difficult to formulate. The most famous theory briefly stating the essential difference between them, state that, while the
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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only partially correct and it excessively simplifies a very complex relation. Other authors saw in the sanction, the predictability of the punishment or the manner of drafting and enforcement thereof, definition elements of the legal norms, distinguishing them from the moral norms. The approach of the aforementioned complex issues made us structure the paper in three chapters, as follows: The first chapter approaches the most important theories related to the relation between law and morals, after having established the meanings of
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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approach of the aforementioned complex issues made us structure the paper in three chapters, as follows: The first chapter approaches the most important theories related to the relation between law and morals, after having established the meanings of ethics and moral and a brief presentation of the ideas of the supporters of the natural law doctrines and of the legal positivism. The same first chapter approached the controversial problems concerning the belonging to the law of immoral laws and the necessity
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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ideas of the supporters of the natural law doctrines and of the legal positivism. The same first chapter approached the controversial problems concerning the belonging to the law of immoral laws and the necessity to conform the law with the moral. The second chapter approaches issues related to the formal structure of the legal and moral norms, the classification and their features, including a presentation of the arguments supporting the thesis according to which must can not be derived from there
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]
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same first chapter approached the controversial problems concerning the belonging to the law of immoral laws and the necessity to conform the law with the moral. The second chapter approaches issues related to the formal structure of the legal and moral norms, the classification and their features, including a presentation of the arguments supporting the thesis according to which must can not be derived from there is. This chapter also highlights the most important similarities and differences existent between the moral
Filosofia sistemelor normative: dreptul şi morala by Raluca Mureşan [Corola-publishinghouse/Science/1443_a_2685]