Moral and criminal in penal law
Journal Title: Науковий вісник Міжнародного гуманітарного університету. Серія: «Юриспруденція» - Year 2017, Vol 26, Issue
Abstract
The article shows that the anthropological dimension of modern crime understanding from contemporary researchers focuses not only on the problems of dogmatic analysis of the criminal prohibition, or the axiological assessment of the existence of the norm (moral adequacy), but also the integrative dynamic analysis of the essence and existence of the norm as a whole self-organized legal phenomenon. It has been found that moral prohibitions correspond only with the prevalence of disciplinary practices partially. Only the compliance with the criminal prohibition of the assessment of such a ban in the population makes the law effective, otherwise it is a matter of conflict between moral judgment and law.
Authors and Affiliations
В. П. Байченко
Keywords
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