Law and Morality?

Vol.2,No.1(1994)

Abstract
Law and morality are the two most important normative systems. But what is meant by a norm, normative system or normative theory? Among the characteristic features of Weyr's theory we can find for example the dualism of what is and what should be and a precise distinction drawn between the intellect, the function of which is pure perception, and the will. In the field of law it implies strict separation of legal science and, to give an example, politics.

What does it have to do with the relationship of law and morality? In my article I only tried to catch a certain reflection of the two subjects.

Morality is a sui generis basis of legal regulation, which strives after giving the moral norms an evidenceable form. I tried here to answer, at least partially, the question of legal relevance of morality and to consider the law in relation to morality from the viewpoint of a universal and formal character.

However, first of all I would like to throw light on the problem of a theoretical and immediately practical meaning which, in my opinion, is closely connected not only with the knowledge of law as such, but also with its application on the concrete cases. I add, that theoretic works may have a practical import in a very untheoretic sense of the word, which may be objectively evidenced for example by Justification Reports on Proposed Acts.

In conclusion I give a list of the issues to focus upon for a better understanding of the relations in question.


Pages:
73–77
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