Analyse & Kritik

Journal of Philosophy and Social Theory


"Klaus Lüderssen"

Titel: Recht, Strafrecht und Sozialmoral
Autor: Klaus Lüderssen
Seite: 194-223

Abstract: It is shown by means of four examples that the demarcation between law and morals has become problematical. The study of more recent developments in ethics and in law indicates that in both fields the relevance of discourse and consent has grown. Though both law and morals aim at agreement their degree of dependance on it differs. The definition of law and morals suggested in this article is based on this view. Legitimate law consists of norms, which besides fulfilling other conditions have attained a certain degree of consent. On the other hand one can only talk of social morals when a very high degree of consent has been reached. The consequences of this definition are explained by means of the examples presented at the beginning.

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