Ethics and legality in the Romanian political marketing

AuthorCristian Romeo Potincu
PositionDepartment of Management and Economic Informatics, <I>Transilvania</I> University of Bra&#x015f;ov.
Pages229-232

Page 229

1. The Relation between the Moral Norm and The Legal Norm in the Romanian Political Marketing

The compliance with the existing legal norms, their implementation but also the completion of these norms can lead to the correct use of the methods and techniques specific to the political marketing. The creation of a broad and powerful legal environment can be a "brake" in the way of the unethical manifestations which can be adopted in the coordination of an electoral campaign.

The legal norms belong to a broad category of norms, i.e. the social norms.

The evolution of the legal norms underlines their ethical origin. For instance, the legal norms regulating the right to a healthy environment - imposing the respect for the national environment by the private or public institutions in their promotion activity - have an obvious ethical nature, and constitute a moral common sense rule which has received legal protection. [1]

The morale includes all the behavior rules of the people. The law is the ensemble of social conduct norms which are carried out, if need be, by means of the state's compulsion force. The morale, as compared to the law, is the law's genus proximus. [2]

The obligation concept lays at the basis of all moral and legal norms. An instance in this respect is the moral obligation of the companies to perform an informative advertising for the consumers, and the legal obligation of these commercial companies performing advertising activities to respect the consumers' right to be correctly and completely informed regarding the product or service offered by these companies. Further to this legal stipulation, the political actors might be legally bound to perform the correct and complete information of the electoral consumers in the future.

The norms which have not been legislated are called moral norms. The ethical norms do not become legal unless they are legislated, i.e. they have been included in a wording of law, it is stated in the Romanian specialized legal literature.[3] In other words, a moral social norm becomes a law norm as soon as its neglection or infringement is followed by the implementation of a sanction, exertedPage 230by the state by means of its legal authorities. Taking the previous example, the moral norm regarding the moral obligation of the companies to perform an informative advertising for consumers, legally regulated, becomes the obligation of the commercial companies to respect the consumers' right to be correctly and completely informed on the product or service offered by these companies, and it is sanctioned, in case of infringement, with a fine. In case this legal norm is transposed also in the...

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