Criminal Law and Morality Revisited: Interdisciplinary Perspectives

Masferrer, Aniceto

doi:10.1007/978-3-030-64163-4_1

Cited by 4 publications

(3 citation statements)

References 22 publications

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“…The research of Pascal A. M. ( 2021) focuses on the intersection of business and human rights, traversing theory to practice and examining the interplay between law and morality from a philosophical standpoint within the context of UN treaties. Masferrer A. (2021) characterizes the interdisciplinary perspectives of criminal law and morality in the contemporary era characterized by harmony.…”

Section: Literature Reviewmentioning

confidence: 99%

Exploring the nexus between law and morality: ethical considerations in legal studies

Pavlichenko,

Maslak,

Gornostay

et al. 2024

Multidiscip. Sci. J.

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This publication aims to furnish a comprehensive examination of the ethical elements inherent in the roles of judges, prosecutors, attorneys, and notaries, elucidating their influence on the content of pertinent legal statutes governing the professional status of these legal vocations. The research employed various methodologies, encompassing the analytical method, the synthetic method, the method of scientific generalization, the method of interpreting legal norms, and the formal-logical method. The examination of legal understanding from a moral and ethical perspective involves the scrutiny of two principal concepts: the concept of natural law and the concept of legal positivism. This analytical framework enables the author to assert that a hallmark of progressive law-making lies in the adherence to not only the tenets of natural human rights but also moral and ethical principles during the formulation of legislative acts. In the context of the role and significance of ethics in the professional conduct of judges, prosecutors, attorneys, and notaries, the author undertakes an analysis of pertinent Ukrainian laws. It is asserted that within each of the examined legal enactments, ethical requirements assume a predominant role in the regulation of the legal status of practitioners in the specified legal professions. For instance, the non-violation of rules of professional ethics is delineated as a fundamental duty for specific categories of legal practitioners, with breaches serving as grounds not only for disciplinary consequences but also for the termination of the authority. Building upon the aforementioned observations, it is affirmed that the ethical dimensions of jurisprudence hold significance within contemporary legal discourse across three dimensions: adherence to moral and ethical principles in the crafting of legislative instruments; avoidance of breaches against ethical principles in the course of judicial, prosecutorial, attorney-at-law, and notarial activities; and the imperative that moral and ethical requirements remain inviolate during the preparation of legally consequential documents.

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Section: Literature Reviewmentioning

confidence: 99%

Exploring the nexus between law and morality: ethical considerations in legal studies

Pavlichenko,

Maslak,

Gornostay

et al. 2024

Multidiscip. Sci. J.

View full text Add to dashboard Cite

show abstract

“…102 Moral (lateinisch mos) bedeutet im kollektiven Sinn "Sitte", "Gewohnheit" oder "Brauch" und umfasst die Gesamtheit der in einer Gesellschaft allgemein anerkannten Regeln und Werte. 103 Moral und Recht sind gleichermaßen "soziale Tatsachen", die der Konfliktlösung dienen. Aus Zweckrationalität kann im Recht die Kongruenz bzw Inkongruenz mit den Wer-ten und Pflichten der Moral Berücksichtigung finden.…”

Section: Im Schatten Von Kriminologie Und Strafrecht: Die Gefährdung ...unclassified

Im Schatten von Kriminologie und Strafrecht: Die Gefährdung der Menschheit durch den Klimawandel

Haverkamp,

Langlet

2024

Klimastrafrecht

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“…One can disagree about what is ethically correct, but it cannot be stated that the first of these proposals imposes an ethical option and the other does not. There is a clear and undeniable ethical background in both [57], even if the second neither prohibits nor compels and subsidizes an individual's wish to die, while the other prohibits killing and funds better care for the sick by facilitating their access to palliative care in the hope that they will prefer to continue living.…”

Section: Public Morality and Its Models: Libertarianism Vs Perfectionismmentioning

confidence: 99%

The Decline of Freedom of Expression and Social Vulnerability in Western democracy

Masferrer

2023

Int J Semiot Law

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Freedom of expression is a fundamental part of living in a free and open society and, above all, a basic need of every human being and a requirement to attain happiness. Its absence has relevant consequences, not only for individuals but also for the whole social community. This might explain why freedom of expression was, along with other freedoms (conscience and religion; thought, belief, opinion, including that of the press and other media of communication; peaceful assembly; and association), at the core of liberal constitutionalism, and constitutes, since the Second World War, an essential element of constitutional democracies. In a democracy, people should be allowed to express themselves to others freely. The paper, which is divided into five sections, points out that states are obliged to protect the exercise of that freedom not only because its very purpose is the common good and welfare of society but also because it is a requirement of any constitutional democracy. Otherwise, when people cannot express themselves, perhaps out of fear (not from ‘war’ but from different kinds of social pressure or ‘violence’ exerted by some lobbies, mass media, or governmental policies that are at odds with respect for the plurality of opinions), vulnerability arises. This weakens not only those individuals that are not allowed to express their thoughts but also those who do not dare to do it – or even not to think for themselves – under certain environmental pressures (exerted by states, international organizations, social media, or financial groups, lobbies, etc.). In the end, the decline of freedom of expression makes most people more vulnerable and jeopardizes the whole democratic system.

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Criminal Law and Morality Revisited: Interdisciplinary Perspectives

Cited by 4 publications

References 22 publications

Exploring the nexus between law and morality: ethical considerations in legal studies

Exploring the nexus between law and morality: ethical considerations in legal studies

Im Schatten von Kriminologie und Strafrecht: Die Gefährdung der Menschheit durch den Klimawandel

The Decline of Freedom of Expression and Social Vulnerability in Western democracy

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