Law and Morals. Prolegomena (II)

• Author: Nicolae Dura
• Position: Professor, PhD, Vice-rector of the 'Ovidius' University of Constanta, Romania
• Pages: 72-84

ACTA UNIVERSITAT

72

Abstract:

In the pages of t

between what is just and in j

but also about the relation be

historical process of the eme

Law has evolved step by ste

the conclusion that the

positi

nature. In fact, from an onto

since the notions of “righteou

the theory of juridical posit

Morals since the state is th

philosophical and from a ju

philosophers and jurists of

adequately and, ipso facto,

international and European le

Keywords:

juridical norms;

According to Platon

, bo

learnt, hence the oblig

educational process. O

way of governing a city

anything and we shall k

In the time of Romans,

years of

study reading t

studies, the students w

different missions” they

1

Professor, PhD, Vice-

rector

(Campus, Building A)

. P

nicolaedidimos@yahoo.com

ATIS DANUBIUS

Nicolae V. DUR

1

f this study we have emphasized the relation between Law

in just, talking thus not only about the nature of the Law and o

between the juridical no rms and the moral

principles. An eva

mergence of Law and Morals

– be it brief –

has enabled us to n

step from th e Moral norms and from the customs of a moral

sitive juridical norms should also express, in their content, valu

ntological point of view, between Law and Morals could not

eousness” and of “justice” themselves are categ

ories of Morals

sitivism, accordi ng to which the rule o f Law can exist in th

the only source of Law, has no credibility both from a h

juridic

al point of view. Finall y, the increasingly higher in

of our time to perceive and express the content of the na

o, the relation between this one and Morals, was also deter

n legislation regarding the human fundamental rights and libert

s; moral principles; human rights

, both the way of governing a city and law and jus

ligation of the young people to submit to a „tea

Only „then”

– Platon said –

that is after we lear

ity and the l

aw, „

Justice itself could no more reproa

ll keep the city and its order intact

”

(Platon, p. 340)

s, the students acquired their knowledge about law

g the imperial constitutions …”. After finishing the

were considered „entirely competent” to rule th

hey were to be enthrusted

(iustinian, pp. 9-10).

tor of the “Ovidius” University of Constanta, Romania

, 1

Un

Phone

: +40241-551773, +40241-511000/326.

Correspon

m

.

Law and Morals. Prolegomena

AUDJ, vol

. VII, no.

No. 3/2011

aw and Morals,

d of the M orals,

valuation of the

to notice that the

al nature, hence

alues of a moral

ot be a divorce,

rals. That is why

the absence of

a historical and

r interest of the

nature of Law

termined by th

e

erties.

justice can be

teaching” and

earnt both the

roach us with

0)

.

w „… in four

their juridical

the State „in

Universit

y Alley

onding author:

na (II)

o. 3

, pp. 72-84