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5 AGORA Int'l J. Jurid. Sci. [1] (2011)
Convergences and Distinctions between Moral and Juridical Order

handle is hein.journals/agoraijjs2011 and id is 105 raw text is: CONVERGENCES AND DISTINCTIONS BETWEEN MORAL AND JURIDICAL ORDER Drighici Andreea* Duminic Ramona** Abstract: In the present article we attempt to plead for the reassertion of the unbreakable connection between the two types of order by starting with the finding that modernity has opted to break the link between moral and juridical order. The moral code appears to constitute an expression of a universal order which must form the basis of any legal order. Key words: order, law, moral code, similarities and differences. Introduction Society nowadays is characterized by a rapid progression, an unprecedented technical and scientific development, which stresses the tendency to deny the collective moral conscience, by promoting a more self- aware conscience, which in fact harms the moral quality of the law. In order to resolve this difficult situation, we will demonstrate in the following pages that by returning the law to its moral foundations, we consider, we may achieve the goal of ensuring coexistence ofsociety. 1. Juridical and moral order. Outlining the concepts It is unanimously accepted that the lives of people in society are not chaotic but ordered and organised. One way or another, every human activity generally undergoes a process of regulation, in the sense that they cannot take place in a disorganized manner, outside of a certain social order. These activities may not be performed without a set of rules and principles, enforced either within a group or society. No social process may exist without organisation, and therefore without regulation. The creation of norms - notes E. Speranjia - is as natural a phenomenon as possible, in society. This enactment originates from the laws of life in general, and afterwards from the laws of human thinking in general and, finally from the nature of society and the circumstances found therein.2 The activities of members of society are regulated by developing a set of rules, prescriptions, constraints, obligations, rights and duties of a moral, religious, juridical, economic, political, aesthetic nature etc., which set in good order the conduct or behaviours of individuals or groups within society. Thus we explain the fact that within the same society there is an economic order, a moral one, a juridical one and so forth, which work simultaneously without excluding each other, and their result is nothing short of what is generically referred to as the social order.' The Romans first defined order through a famous turn of phrase: Dispositio unius rei, post aliam, suo quemque loco colocatur - order is the positioning of every thing one after the other so that each is in the right place. Throughout time, the concept of order has been explained from numerous perspectives: in sociology, it was seen as the ensemble of interdependent and harmonious relationships within society or in metaphysics as the result of an organic connection between man, society and nature. In the theory and sociology of the law, order is synonymous with an imperative disposition - a commandment, a prescription or it is considered an ensemble of fundamental standards and values within any society, from which there can be no detraction under pain of nullification, or it constitutes a framework for the creation, enactment and resolution of rules and principles that may be accepted as law, within a society.4 Each dimension of the regulation of society includes specific values and receives direct or indirect influences from the other dimensions. Given that they are connected and interdependent, they tend to render each other adequate in order to form an organised and dynamic unit, whose integrity and efficiency are guaranteed by law.' The legal order of society, seen as a dimension of the social order - presents the two aspects of positive law - the constraining aspect and the harmonizing aspect. It establishes itself through norms that sanction and *Lecturer Ph.D. Faculty of Law and Administrative Sciences, University of Pitesti (e-mail: andidraghici a yahoo.com). -Assistant Ph.D. Candidate, Faculty of Law and Administrative Sciences, University of Pitesti (e-mail: duminica.ramonadyahoo.com). ' Ion VlIdut, Introducere in sociologiajuridic, 2id edition, Lumina Lex Publishing House, Bucharest, 2000, pp. 117-118. 2 Eugeniu Sperantia, Leciuni de enciclopediejuridica, in Antologie defilosofte romdneasca, vol. IV, Ed. Minerva, Bucuresti, 1998, p.214. Ion Vlhdut, op. cit. p. 118. A. J. Arnaud (Ed.) Dictionnaire encyclopedique de theorie et de sociologie du droit, deuxieme edition, L.G.D.J. Paris, 1993, pp. 415-417. Gheorghe C. Mihai, Fundamerntele dreptului. Stina dreptului i ordinea juridica, vol. 1, 2nd edition, C. H. Beck Publishing House, Bucharest, 2009, p. 318.

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