The Use of a Justice or the Fulfillment of an Obligation
The Use of a Justice or the Fulfillment of an Obligation

Summary/Abstract: The purpose of the justice so the role of the rules of the law is to create, maintain, and reintegrate the legal order in the social life, order meant in turn to ensure the existence and development of the state. The juridical norms must contribute to the realization of a precise finality, of a well-defined target. These juridical norms wouldn’t be able to fulfill these functions if the public power did not print a binding and powerful character, namely if it would not create an active and reactive force. The application of the law means to execute legal norms contained in law.However, the law, when it prescribes some rules of conduct takes hypothetically into account some acts which are ordered by it, which could be also stopped by it or disciplines them by the rule of conduct contained in the juridical norm. When an act is committed with the purpose of not performing a legal duty/task, even if it perfectly corresponds to offense, it is justified. When the acceptance of the consequences, of the result is made in order to execute the law, not to break the law, the motive of the action removes the guilt. In this way, it was sustained that the one that commits an action, specified by the criminal law, with the order or the consent of the law, cannot be charged of this action as offense, because the intellective factor of guilt as a subjective element is missing. The intellective factor points out the doer’s conscious attitude and supposes the representation of his actions or inactions, of their result. 2 Keywords: the use of a justice; the fulfillment of an obligation; supporting causes; priority interest; legitimate authority.

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