Home > Terms > English (EN) > PENAL LAW Translation of Book in Penal Law-Par 22

PENAL LAW Translation of Book in Penal Law-Par 22

Any threat of punishment, for acts that are not unbearable from social and moral point of view, would mean and imply an arbitrary law-making and creation, it would get in conflict and would 'offend' social conscience in a non bearable way, and any generality of it, would lead to destructure of society. The threat of punishment, in a way that does not offend directly fundamental values of social life (legal values), and indeed in an unbearable and hence 'inadmissible way from social and moral point of view, would violate Constitution directly. because it does not only offend human value, but also violates principle of spirit of assistance and proportion. (Proportionality').

We could add here, that Penal Law, as part of Law, and being social law itself, from point of view it protects human value, by establishing legal values, is based on social culture each time, that configures in turn to legal culture. Actually, some acts that are punished by law, being both immoral and illegal acts, should ensure protection of human value in advance, by evaluating morality in advance and in its legal core, and on that basis, laws could be established from this point of view according to social culture each time, that produces legal one (legal culture). Hence, some immoral acts, in the vast majority of dominant social conscience, should be penalized under some conditions, if they turn to be illegal by 60% or so. This way, social culture can ensure cohesion of legal culture, through cohesion of social conscience and while protecting human value it ensures also cohesion of society. The subject here is social institutions. As long as political institutions ensure and protect social ones, and in view of above, law-making should be established in order to maintain this cohesion, being the point where social institutions are turned to social values, which in a society of freedom, would contribute to production of legal values, hence social cohesion is based on maintenance of function of social institutions that ensure or at least contribute to a healthy society, where the new replaces the old in a cohesive way, that Law making is called to rule. Thus legal values can apply outside this frame, not offending main values of Constitution that are legal rights, and represent moral values at the same time, transformed to fundamental rights, that in view of principles of Constitition that apply,do not violate personal freedom, and through law-making a State of Law is called to protect in advance through laws, introduced to ensure healthy function of institutions that express social values expressed in legal rights this way. Thus, conflict of sources of Constitution for ex. Natural Law and Custom Law, can be avoided at least directly, by leaving the relative space of conscience to personal freedom, deriving from fundamental rights, by State, in a world of change from which main legal values remain the same, and the rest part of law making, these laws, are adapted to renewal of institutions, but maintained and conserved in their legal substance, upon being evaluated as units of production of social values, thus where moral and penal scale meet. Thus laws, should evaluate the rate of freedom left to ensure healthy function of institutions, without deviating from ways of expression of moral freedom in the frame of fundamental rights, being the core of function of Constitution. Finally grading of legal values, should constitute the base of protection of personal freedom without destructuring social conscience as a whole since acts of morality should be self-ruled in many cases under Law.

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