IS THERE LAW WITHOUT ETHICS?
IS THERE LAW WITHOUT ETHICS?
Author(s): Gabriela PohoaţăSubject(s): Ethics / Practical Philosophy, Philosophy of Law
Published by: Editura Pro Universitaria
Keywords: law; ethics; moral virtue; justice; law; rule of law;
Summary/Abstract: The idea we start from in our approach raises the question of dissociating law from ethics, today, more radically than ever in history. The arguments in support of this idea start from the human nature precarious position, from the current man’s moral degradation in his rush for money and power, the excessive politicization of society, and implicitly of law. Law does not contain those "formal rules" of universal validity; so the moral substance of law does not exist, which can lead to undesirable social inequities in a democratic state. From this perspective, the conclusion of the present research focuses on the idea that law cannot function without ethics in a rule of law state; moreover, law must be subordinated to ethics in order to fulfill its function of objectivity of justice. Therefore, justice is a moral virtue. The very idea of justice is first of all the privileged articulation of morality and "good morals," and also of the virtue of the individual as well as the virtue acquired by everybody in the social space.
Journal: Cogito - Multidisciplinary research Journal
- Issue Year: 2018
- Issue No: 2
- Page Range: 34-43
- Page Count: 10
- Language: English