The field of law and morality

• Main Authors: Mitrović Dragan M., Vukadinović Gordana R.
• Format: Article
• Language: English
• Published: University of Novi Sad, Faculty of Law 2017-01-01
• Series: Zbornik Radova: Pravni Fakultet u Novom Sadu
• Subjects: Law; Morality; Morality of law; Legality of morality
• Online Access: http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2017/0550-21791701009M.pdf

Law and morality are not the same, but the related phenomena. The aforementioned difference requires further consideration of the characteristic teachings concerned with the relationship between law and morality. They boil down to the three main ones: teachings which completely separate law from morality, teachings which refer to the identification of law with morality and teachings which link law and morality. This last, the third teaching is the most acceptable because it acknowledges that it has to do with the phenomena which partially intersect due to the characteristic similarities despite the simultaneous existence of the characteristic differences. Owing to that intersection, law and morality create three fields (resembling the theory of the symphony in a state): pure legal, pure moral, and a mixed one (legal and moral). Intersecting, intertwining and growing into one of legal and moral norms show that the common field throughout which spread law and morality (the field of the legality of morality) can be viewed in a broader and narrower sense - in a broader sense when it refers to all legal norms and all heteronomous moral norms, and in a narrower sense when it refers only to the legal norms that support moral norms and moral norms that support legal norms. That narrower meaning of the legality of morality is more acceptable because outside it remain purely legal norms which are morally neutral (e. g. technical legal norms and standards) and purely moral norms which are legally irrelevant (e. g. relationships of love, friendship, comradeship, respect, etc.) or which are forbidden by law.