AMBIENTUM BIOETHICA BIOLOGIA CHEMIA DIGITALIA DRAMATICA EDUCATIO ARTIS GYMNAST. ENGINEERING EPHEMERIDES EUROPAEA GEOGRAPHIA GEOLOGIA HISTORIA HISTORIA ARTIUM INFORMATICA IURISPRUDENTIA MATHEMATICA MUSICA NEGOTIA OECONOMICA PHILOLOGIA PHILOSOPHIA PHYSICA POLITICA PSYCHOLOGIA-PAEDAGOGIA SOCIOLOGIA THEOLOGIA CATHOLICA THEOLOGIA CATHOLICA LATIN THEOLOGIA GR.-CATH. VARAD THEOLOGIA ORTHODOXA THEOLOGIA REF. TRANSYLVAN
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Authors: PAUL VASILESCU.
DOI: 10.24193/SUBBiur.67(2022).1.1
Article history: Available online July 25, 2022; Available print August 25, 2022.
©2022 Studia UBB Iurisprudentia. Published by Babeş-Bolyai University.
pp. 9-105
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Abstract: Good morals – an ethical confusion in Law. We shall try to figure out what was (and is) the meaning of this unusual notion - good morals - that some find to be a pure Civil Law concept. We devised a composite text to determine its technical impact - two forms, two horizons, forming a discursive entity. Are or aren’t good morals rules of Law? Can the juridical discourse tolerate rules and deontic powers alien to itself - as are the moral rules? Is public morality making the Law in a democratic society – has it ever done so? What role does the notion of good morals play in today’s jurisprudence?
Key words: good morals; illicit cause; deontology; ethics; deontic force; jurisprudence; interpretation; juridical metadiscourse; norm; legal object (res); public order; textualism.
