The moral basis of law

The paper analyzes the complex relationship between law and morality. The aim of the paper is to investigate, through a critical analysis of different positions, to what extent law must be morally grounded, that is, to what extent morality constitutes an integral or necessary element of law, as well as what consequences this relationship has for the legitimacy and validity of legal norms. The issue of the relationship between law and morality becomes relevant in the case of regulating morally controversial social phenomena, as well as in cases where positive law contradicts the prevailing moral understanding of the social community. The authors point out that the moral component of law refers to the ethical principles and values that underlie legal norms and influence their creation, interpretation, and application. Not everything that is legal is moral. Morality serves as a criterion for reviewing legal norms and their fairness. When law is separated from morality, it can become a means of injustice.

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Publication Details

Published
2025-01-01
DOI
https://doi.org/10.5937/pdsc25048k
Primary Topic
Legal Education and Practice Innovations
Type
article
Field-Weighted Citation Impact
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article

The moral basis of law

Mirko Kulić, Milica Lešanović
Legal Education and Practice Innovations
article

The moral basis of law

Mirko Kulić, Milica Lešanović
article en

Abstract

The paper analyzes the complex relationship between law and morality. The aim of the paper is to investigate, through a critical analysis of different positions, to what extent law must be morally grounded, that is, to what extent morality constitutes an integral or necessary element of law, as well as what consequences this relationship has for the legitimacy and validity of legal norms. The issue of the relationship between law and morality becomes relevant in the case of regulating morally controversial social phenomena, as well as in cases where positive law contradicts the prevailing moral understanding of the social community. The authors point out that the moral component of law refers to the ethical principles and values that underlie legal norms and influence their creation, interpretation, and application. Not everything that is legal is moral. Morality serves as a criterion for reviewing legal norms and their fairness. When law is separated from morality, it can become a means of injustice.

Openalex Percentile: Top 58%
Legal Education and Practice Innovations
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