القانون و الأخلاق في الفكر الحديث

Abstract EN

The distinction between legal rules and moral rules is a modern one whose features have only become clear in contemporary times.

In ancient societies, there was overlap and confusion to the point of reaching the unity of concepts and rules.

Despite this overlap between the rules of law and the rules of morality, some philosophers of law have tried to separate them.

In fact, the distinction between morality and law is only a theoretical distinction, but in practice, the law is indispensable to some moral principles, but many moral rules have turned into legal rules.

The topic of this study deals with the "problem of creating legal rules".

The most important objective of the topic is an attempt to understand the basis of the conflict between ethics and the law that they mention in theory, and the basis for resorting to ethics in practice.

The result is the assertion from the philosophy of law that the conflict between law and morality is theoretical that rejects reason and reality.

The comparative analytical method and the historical method were employed.