The Court of Cassation, From Good Morals to Human Dignity?
Pravnik, Ljubljana 2016, Vol. 71 (133), special issue
Avtor: CHARLIN, Frédéric
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The relationship of law and morality continues to pose questions on the admissibility of norms extraneous to law in the judicial sphere.
The relationship of law and morality continues to pose questions on the admissibility of norms extraneous to law in the judicial sphere. The good customs, with their roots in the tradition and their transcendental moral claim, are emptied of their substance in the civil jurisprudence. Human dignity, inspired by an abstract individualistic morality, appears as a dynamic notion serving to guide the application of human rights and fundamental liberties.