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Some Considerations Regarding the Relation between Morality, Ethics and Law

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  • Antonio SANDU

    (Ph.D., Postdoctoral fellow financed by The Management Authority for the Sectorial Operational Program „Development of Human Resources” within the project “Postdoctoral studies in the domain of ethics in health policies” at „Gr. T. Popa” University of Medicine and Pharmacy from Iasi.)

Abstract

This paper aims to present the relationship between ethics and law from a structural phenomenological perspective. In our opinion, the two domains are correlative, normative ethics is prior to formal establishment of the rule. Towards legal, ethics has a background and control function. Both normative areas regard the regulation of relations between individuals and society and desirable behaviors. The main ethical theories generate law principles therefore we can say that the law has an ethical foundation. The paper will present a series of ethical theories that have generated principles of law, or are a source of contemporary paradigms in the field. We also present ethical codes as a way of formalizing deontic with legislative power and their application in legal domain. Ethical theories are designed to validate legal norms from compliance perspective between legal norm and the value system accepted by the community.

Suggested Citation

  • Antonio SANDU, 2012. "Some Considerations Regarding the Relation between Morality, Ethics and Law," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 1(4), pages 289-317, July.
    • Handle: RePEc:lum:rev4rl:v:1-2:y:2012:i:4:p:289-317
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    Keywords

    morality; law; ethic; ethical codes; utilitarianism; Kantianism;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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