The Moral Norm and the Morality of the Legal Norm

Abstract

The present study brings for analysis the fact that Law cannot be understood and detached from moral norms, the proof being the first legislations that had a threefold aspect: moral, religious and legal. From this perspective we have questioned the removal of moral-religious precepts and provisions from the state legal system and the effect of this decision on legal norms. At the same time, we distinguish between legal norms and canonical norms, by which we also mean their moral dimension. Law incorporates and assimilates the majority of moral precepts and, therefore, there is no split or separation between law and morality, but they are closely linked, morality being the basis of law. We see, therefore, that there is a relationship of dependence between the legal and the moral orders, the same relationship that can be seen in the dependence of law on the good.