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The True Relation between Law and Morality (some aspects)

In this article, as mean stuff of the whole treatment of Law, and relative knowledge, including terminology, translation of booksof important authors and professors, etc we'd mention few things on subject : The True Relation of Law and Morality.Thus:

Law and Morality, from point of view of Law, in strict terms is not direct, it's indirect. Only, the relation ruling Law can be interpreted in terms of Morality and vice versa, when it comes with certain/specific relative subjects, but mainly acts.

What's more fair, or more moral in an act, can have various sides, aspects and parameters, in Penal Law as Social Law, branch of Law. What it always mean, may be and not only, it is indeed subjective, but it's interpreted and should be interpreted under certain conditions, when it's actually concretized and restricted in certain acts. What is the main criteria of judgment whether an act is more fair, but less moral, has to do with sides of both or all parties involved. To further explain: Constitution ensures freedom of will to persons, but in the frame here of Penal Law, acts may be punished. It's the way that freedom of will is expressed each time. For ex. a product of freedom of will, is free development of personality, but this is restricted when it has to do with other factors, such as established social law expressing and represening social values, those established in a certain society, in terms of social culture. Actually penal culture follows social one, but in terms of self-disposition that includes personal judgment of opinion may vary from person to person in how this freedom is expressed, and also subjective opinion on what is more fair but less moral and vice versa, is limited to very specific acts, and can be criticized under specific parameterS. For ex. an immoral act may be not approved but tolerated, however when repeated it becomes more immoral and more illegal too, although it can be explained or justified. This is the direct relation between Law and Morality in terms of commenting and judging certain acts.

What can mainly define an act as equally illegal and immoral is when it's repeated. In Penal Law, also, punishment is double indeed for repeated illegal acts, but upon being repeated they can be held as equally immoral ones, something that Court always considers in defining decision, based on judgment.

And to analyze deeper, what interests Judge, is what is the real 'subject and core of act in terms of essential penal law: (Τι διαμείβεται επί της ουσίας), what's the motive of say bad act that leads to certain behavior, the deeper reason of that motie and how it's expressed in a certain circumstance, for ex. dispute between two parties. Most of all when repeated, what matters, is 'the ultimate person, and intention of a person committing an immoral act that becomes illegal also in terms of equally essential and typical Law, and it should be judged on these terms. How the other party reacts in an unpredictable act of morality is another case. But what is the main criteria of a fair judge, among all above is how an average person would react in such case, and indeed how any other person would do in a certain (sy difficult) position, when one has to do for ex. with unpredictable acts of evil..

Another side for ex. to balance law and morality, is when for ex. we are in dilemma of choice. Then, what is more important here for judge, are criteria of quality toward quantitive ones, and cross-substitution of each other. Sure, criteria of quality, as well as grading of them, fall indeed in the sphere of penal law more vastly, which value is sacrificed against which other, for ex. we'll have result X or may have, not always sure in short term, but we'll have result X1 long term, which may be judged subjectively and prefer as better one, by sacrificing for ex. quantitive criteria X against qualitative one X1 in this case. You cannot always balance this in advance. What is more important is to do, in my opinion, what we judge in advance as more moral one, even less fair and not vice versa. If any interest is involved in the mean time, then they usually play a definitve law, but again in long term results, it might be preferred.

>>Thus these are some axes that in terms of law, may be also determine morality in some cases. As also legal interest may not mean always legal right identified to moral duty, then an average criteria based on social values is preferable in many cases, to base our choice. For ex. in economy, I invest funds to get something more, in the future from interest of bank, involve both legal interest and legal right, based here on Bank Law, and if it also involves, for ex. help some others who need money in the future can render this act equally legal and moral, although legal personal interests usually may involve generally speaking now, not such immoral values, and against values of Custom Law for ex. established morality in financial transactions, and here in terms of Civil Law such act, along with other parameters (said above) could be held as unjust enrichment for ex, as such, involving strictly persnal interest, but again, if the ultimate person for ex. is to help one's family in the future from parents for ex. and assure future of one's children, is equally legal and moral, in this case, including such ultimate purpose. And all this leads to grading legal and moral, in terms of always factor X, or factors X1, X2 in each case. This and much more of course, theoretically it's easy to develop such arguments, but practically, as said in the beginning, it varies from person to person, and acts as also their interpretation may be always connected to other factors, in terms of hierarchy of values etc...that lead back directly to motives, that in turn, are based on difference of human essence, therefore differentiality, but often in terms of circumstance, and its structure..and this is often strictly personal in all terms..whatever this may involve or imply..

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