BUNELE MORAVURI – O CONFUZIUNE ETICĂ DE-DREPT
GOOD MORALS – AN ETHICAL CONFUSION IN LAW
Author(s): Paul VasilescuSubject(s): History of Law, Civil Law, Court case, Comparative Law
Published by: Studia Universitatis Babes-Bolyai
Keywords: good morals; illicit cause; deontology; ethics; deontic force; jurisprudence; interpretation; juridical metadiscourse; norm; legal object (res); public order; textualism;
Summary/Abstract: Good morals – an ethical confusion in Law. We shall try to figure out what was (and is) the meaning of this unusual notion - good morals - that some find to be a pure Civil Law concept. We devised a composite text to determine its technical impact - two forms, two horizons, forming a discursive entity. Are or aren't good morals rules of Law? Can the juridical discourse tolerate rules and deontic powers alien to itself - as are the moral rules? Is public morality making the Law in a democratic society – has it ever done so? What role does the notion of good morals play in today's jurisprudence?
Journal: Studia Universitatis Babes Bolyai - Iurisprudentia
- Issue Year: 67/2022
- Issue No: 1
- Page Range: 9-105
- Page Count: 97
- Language: Romanian