Realizarea dreptului din perspectiva moralităţii sale
The concept of realising the law from the perspective of its morality

Summary/Abstract: The concepts of law and morality in general and their relationships in particular have been the subject of ongoing dispute since antiquity. The main positions on this matter are known to be divided into two opposing camps: legal positivism on the one hand and natural law doctrine or legal moralism on the other. Whereas legal positivism advocates the view that law and morality are conceptually separated in the sense that the validity of legal norms does not depend on their compatibility with any principles of morality and justice, legal moralism maintains that law and morality are conceptually connected in the sense that valid legal norms must be in accordance with fundamental requirements of morality and justice at least to a certain degree In the present context, however, there is no need to enter in this debate, for it will suffice to focus on the contingent empirical and functional interrelations between law and morality, leaving their conceptual relationships aside. To this end it is nevertheless helpful to take a brief glance at the very concepts of law and morality.

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