Commitment to what is Necessary As an Idea to Embody the Element of Morality in Law
DOI:
https://doi.org/10.35246/jols.v37i2.543Keywords:
Ethics, Law, Obligation, Duty, Natural Obligation, Good Faith, Contract, ResponsibilityAbstract
Some actions do not come from the law, but rather from the moral will of a person, and these actions are necessary for people to do because a person is a moral being whose existence is determined by his relationship with values. And, since ethics is one of the normative sciences that link the end to the means, that is, of a person study is not limited to what is an object, or a current situation, but it should be. Therefore, task of a person is to set conditions that must be met in human will and actions in order to become the subject of legal and ethical rulings. This is because there is a close relationship between law and morality, and despite the absence of a legal rule that obliges individuals to do actions, such as extending a hand and helping others, or directing someone to a hospital, however, there is a benevolent will besides the duty that people must perform as a pillar of morality and compliance with the moral law. As long as the ethical behavior includes the necessity of adhering to the duty, and in the event of a violation of the moral imperative, it has violated the moral responsibility. This is because the moral duty imposes on a person two duties: a positive duty through helping others and the breadth of others, and a negative duty imposed by not assaulting others. Besides that the person who adheres to the first duty obtains an honorable non-financial moral reward, always longer, influenced and more, and strengthens his behavior and obtains satisfaction in himself, but if he does not he adheres to the second duty because he deserves to receive appropriate punishment. Nevertheless, although this moral imperative does not include any of the technical or tactical legal standards, it is characterized by the capacity of specialization and obligation when a person feels when he expresses his willingness to help others, so it immediately becomes a binding rule despite its lack of codification and retention of its noble value, and has committed itself to what is it is necessary, so it is not necessary to codify these fine and wonderful ethics.
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References
A- Arabic Sources
First: Books
i. Ibrahim Mustafa Ibrahim,2009, Modern Philosophy according to Kant to Renove, Dar Al-Maarifa Al-Jami’iyya, Cairo.
ii. Ahmed Amin and Zaki Mahmoud Naguib,1970, The Story of Greek Philosophy, 7th edition, Press, Lajnat Al-Ta'lif, Translation and Publishing, Cairo.
iii. Ahmed Amin, 2012, The Book of Ethics, Muasasat Hindawi for Education and Culture, Cairo.
iv. Ahmed Abdel-Daem, 2003, Explanation of Civil Law, The General Theory of Commitment, Part 2, Provisions of Commitment, Mudiriat Al-Kutub Walmatbueat Al-Jamey', Aleppo.
v. Imam Abdul-Fattah Imam and others, 2016, Principles of Philosophical Thinking, Matba't Wezarat Al-Tarbia, Kuwait.
vi. Imam Abdel-Fattah, 1990, The Philosophy of Ethics, Dar Al-Thaqafa, Publishing and Distribution, Cairo.
vii. Emile Durkheim, 1966, Sociology and Philosophy, translated by Hussein Anis, Anglo Egyptian Library, 1st Edition, Cairo.
viii. Immanuel Kant, 1969, Foundations of the Metaphysics of Ethics, translated by Muhammad Fathi Al-Shenety, Dar Al-Nahda Al-Arabiya, 2nd Edition, Beirut.
ix. Immanuel Kant, 2008, Criticism of Practical Reason, translated by Ghanem Hana, Center for Unity Studies, 1st Edition, Beirut.
x. Badawi Abdel Rahman,1984, The Philosophical Encyclopedia, Volume 2, Al-Muasasa Al-Arabiya for Study and Publishing, 1st Edition, Beirut.
xi. Bahar Mahmoud Fattah, 2016, The Value of Goodness in Legislative Philosophy, Japanese Civil Law as a Model, Al-Muasasa Al-Haditha for Book, 1st Edition, Lebanon.
xii. Tawfiq Al-Taweel, 1967, Moral Philosophy and Its Development, Dar Al-Nahda Al-Arabiya, Cairo.
xiii. Jean Piaget, 2004, Formative Epistemology, revised by Dr. Muhammad Ali Abu Rayan, submission and commentary d. Al-Sayyid avoiding, Dar Al-Takween Publishing, Damascus.
xiv. Jalal Ali Al-Adawy, 2000, The Principles of Obligation and Evidence, Munsha't Al-Maearif in Alexandria, Egypt.
xv. Hasan Ali Al-Thnoon, 2006, Al-Mabsoot in Explanation of Civil Law, Volume 2, Al-Errha, Dar Wael for Printing, Publishing and Distribution, Amman - Jordan.
xvi. Hassan Kera, 1957, The Origins of the Law, Dar Al-Maaref in Egypt, 1957.
xvii. Dennis Lloyd, 1999, The Idea of Law, op. cit., p. 60. Dr.. Mustafa Abdo, The Philosophy of Ethics, Mactabat Madbouly, Cairo.
xviii. Dennis Lloyd, 1981, The Idea of Law, translated by Salim Al-Sweis, revised by Salim Bseisu, Al-majlis Al-Watani for Culture and Arts, Kuwait.
xix. Rashid Al-Mubarak, 2011, The Glory of Philosophy and the Incoherence of Philosophy Muasasat Al-Aintishar Al-Arabi, 1st Edition, Beirut.
xx. Ragab Karim Abdel-Lah, 2000, Negotiating the Contract, Dar Al-Nahda Al-Arabiya, Cairo.
xxi. Robert Alexi, 2013, Philosophy of Law, Concept and Applicability of Law, Arabization of Dr. Kamel Farid Al-Salik, Manshurat Al-Halabi Al-Huquqia, 2nd Edition, Beirut.
xxii. Saadi Al-Barzanji, 2007, Critical Notes on Civil Law, Ministry of Agriculture Press, 1st Edition, Erbil.
xxiii. Samir Abdel-Sayed Tanago, 1986, The General Theory of Law, Munsha't Al-Maearif in Alexandria.
xxiv. Sherzad Aziz Suleiman, 2008, Goodwill in Contracts of Contracts, Manshurat Dar Djla, 1st Edition, Amman - Jordan.
xxv. Adel Al-Awa, 1999, Ethics and Civilization, Manshurat Damascus University.
xxvi. Atef Al-Naqeeb, 1984, The General Theory of Projects Emerging from Starting the Action, Error and Damage, Oweidat Publications, 3rd Edition, Beirut a project with the Dewan University Publications, Algeria.
xxvii. Abd al-Mujbed al-Hakim, 2007, The Brief Explanation of Civil Law, Al Kitwat, Part 1, Al-Maktaba Al-Qanunia, Baghdad.
xxviii. Abdel Moneim Farag Al-Sada, 1992, the main source, Dar Al-Nahda Al-Arabiya, Cairo.
xxix. Abdul-Baqi Al-Bakri and Zuhair Al-Bashir, 2018, Introduction to the Study of Law almaktaba alqanunia, Baghdad, Al-Atek Book Industry, Cairo.
xxx. Abdul-Baqi Al-Bakri, 1972, Introduction to the Study of Law and Islamic Law, Al-Adab Press, Najaf Al-Ashraf.
xxxi. Abd al-Rahman Al-Badawi, 1975, Theoretical Ethics, Dar Al-Qalam, 2nd edition, Beirut - Lebanon.
xxxii. Abd al-Rahman Al-Badawi, 1979, The Ethics of Kant, Dar al-Qalam, Kuwait.
xxxiii. Abd al-Rahman Al-Badawi, 1996, Hegel’s Philosophy of Law and Politics, Dar Fares for Publishing and Distribution, 1, Amman.
xxxiv. Abd al-Razzaq al-Sanhouri and Heshmat Abu Steit, 1950, The Origins of the Law or the Introduction to the Study of Law, Press, Lajnat Al-Ta'lif, Translation and Publishing, Cairo.
xxxv. Abdul Latif Abdul Halim Al Qoni, 2004, Goodwill and its Impact on Actions in Islamic Jurisprudence and Civil Law, Dar Al-Matbueat Al-Jamieia, Alexandria.
xxxvi. Abdullah Askar, 1991, Introduction to Psychology, Anglo-Egyptian Library, Cairo.
xxxvii. Abdel-Majed Al-Hakim, 2009, Brief Explanation of Civil Law, Part 2, Provisions of Commitment, Al-Atek for the Book Industry, Cairo.
xxxviii. Othman Amin, 1969, Descartes, The Anglo-Egyptian Library, Cairo.
xxxix. Essam Anwar Selim, 2002, Foundations of Legal Culture, Al-Maktab Al-Jamie Al-Hadith, Alexandria.
xl. Fayez Muhammad Hussein, 2002, The Rise and Development of the Philosophy of Law, Dar Al-Nahda Al-Arabiya, Cairo.
xli. Feryal Hassan Khalifa, 2002, Religion and Islam at Kant, Masr Al-Arabiya for Publishing, Cairo.
xlii. Fouad Kamel and others, The Concise Philosophical Encyclopedia, Dar Al-Qalam, Beirut.
xliii. laflatun, burutaghuras, 1967, translated by Muhammad Kamal al-Din Ali Youssef, Dar Al-Kutub Al-Arabi for printing and publishing, Cairo.
xliv. Muhammad Al-Jabr, 1994, The Brief in the Concepts of Ethics and the State according to Hegel, Dar Al-Ma'rifa, Damascus.
xlv. Muhammad Jawad Mughniyeh, 1977, Philosophy of Ethics in Islam, Dar Al-Ilm, Beirut.
xlvi. Mohamed Hassan Abdel-Alal, 1988, The Agreement Organization of Contractual Negotiations, A Comparative Analytical Study of the Legal Means of Securing Negotiations in the International Trade Process, Dar Al-Nahda Al-Arabiya, Cairo.
xlvii. Muhammad Suleiman Al-Ahmad, 2017, Philosophy of Right, Maktabat Zayn Al-Huquqia, 1st Edition, Beirut.
xlviii. Muhammad Abd al-Rahman Marhaba, 1983, From Greek Philosophy to Islamic Philosophy, Oweidat Publications, 3rd edition, Beirut.
xlix. Muhammad Abd al-Latif Abd al-Aal, 2003, The Good Intention of the Thrower in the Cases of Publishing News and Criticism, Dar Al-Nahda Al-Arabiya, Cairo.
l. Muhammad Kamel Morsi, 1995, Explanation of the New Civil Law, Obligations, Part 2, Al-Alamiya Press, Cairo.
li. Muhammad Mahran Rashwan, 1988, The Development of Ethical Thought in Western Philosophy, Dar Quba' for Printing and Publishing, Cairo.
lii. Mahmoud Jalal Hamza, 1985, Illegal Work as a Source of Obligation, Dewan Al-Matbueat Al-Jamiea, Algeria.
liii. Mukhtar Al-Qadi, 1967, Principles of Obligations in Civil Law, Dar Al-Nahda Al-Arabiya, Cairo.
liv. Mazhar Jaafar Abd, 1999, The Crime of Abstinence, Dar Al-Thaqafa for Publishing and Distribution, 1st Edition, Amman - Jordan.
lv. Mustafa Abdo, 1999, Philosophy of Ethics, Published by Mactabat Madbouly, 2nd Edition, Cairo.
lvi. Munther Al-Shawi, 1991, Doctrines of Law, Dar Al-Hikma for Printing and Publishing, Baghdad.
lvii. Monique Canto Sperbier and Reuven Adjian, 2008, translated by Georges Zenani, Moral Philosophy, 1st Edition, Dar Al-Ketab Al-Jadeda Al-Mutahida, Beirut.
lviii. Naji al-Tikriti, 2012, The Philosophy of Ethics between Aristotle and Miskoye, Dar Degla, Amman.
lix. Nabil Ibrahim Saad, 1995, The General Theory of Obligation, Part 1, Sources of Obligation in Lebanese Law and Arab Legislations, Dar Al-Nahda Al-Arabiya for Printing and Publishing, Beirut.
lx. Nassar Abdullah, 1999, A Study in the Philosophy of Ethics, Politics and Law, Dar Al-Wafaa for Printing and Publishing, Alexandria.
lxi. William Kelly Wright, 2010, History of Modern Philosophy, translated by Mahmoud Sayed Ahmed, Al-Tanweer for Printing and Publishing, 1st edition, Beirut.
lxii. Yassin Muhammad Al-Jubouri, 2011, Al-Mabsout in explaining the civil law, the effects of personal rights, and the provisions of commitment, Dar Al-Thaqafa, Publishing and Distribution, Amman - Jordan.
lxiii. Youssef Hassan Youssef, 2013, An Introduction to the Science of Law, Al-Markaz Al-Qawmi for Legal Publications, 1st Edition, Cairo.
Secondly: Letters and Theses
i. Ben Hajjia Abdel Halim, 2013-2014, Moral Values between the Absolute and the Relative, Master Thesis, College of Social Sciences and Humanities, University of Oran, Algeria.
ii. Sufyan Al-Qarji, 2011, The Duty of Good Faith in Executing Contracts in Tunisian and Comparative Law, PhD thesis, College of Law and Political Science, Al-Manar University, Tunisia.
iii. Mubarak Muhammad Al-Fateeh, 2010, The Role of the Judge in Applying the Principle of Good Faith in the Contract, Master Thesis, College of Graduate Studies, University of Jordan.
iv. Mustafa Abdel Qader Halilo, 1991, Elements of Responsibility for the Harmful Act in the Jordanian and Algerian Civil Laws, Master Thesis, University of Jordan, Amman.
v. Ahlam Aroussi, 2018-2019, Principles of Moral Obligation according to Jean-Jacques Rousseau, Master Thesis, Faculty of Humanities and Social Sciences, Department of Philosophy, Mohamed Boudiaf University, Algeria.
Third: Research:
i. Ahmed Al-Siksiwi, The epistemological tendency to understand the law: Towards a pragmatic circle for the science of law, a research published on the website: www.hekma.org , the date of the visit: 7/25/2020.
ii. Amal Mabrouk Abdel Halim, The Concept of Goodness in Modern Philosophy, a research published in the Journal of the Faculty of Arts, Ain Shams University, Issue 100.
iii. Jahan Noureddine Muhammad al-Muqaddam, 2018, The Ethical Side of Plato (Presentation and Analysis), College of Islamic and Arabic Studies for Girls in Zagazig, Al-Azhar University, Issue Eight, Part Two.
iv. Ruqaya Taha Al-Alwani, Motives for Moral Obligation in Islam, research available on the website: www.sciq.gov , date of visit: 5/9/2020.
v. Riyad Ahmed Abdel Ghafour, 2012, Wrong Refrain from Providing Assistance and the Civil Responsibility Resulting from It, A Study in the Light of the Provisions of Civil Law and Comparative Jurisprudence, research published in Al-Qadisiyah Journal of Law and Political Science, Issue One, Volume Five, June.
vi. Alaa Abdullah Khatib, The Concept of Duty at Kant, research available on the website: www.istighrab.iicss.iq , date of visit: 2/9/2020.
vii. Faris Hamid Abdel Karim, The Legal Standard, research available on the website: www.sataliraq.com date of visit: 7/27/2020.
viii. Muhammad Suleiman Al-Ahmad, 2011, The idea of the supremacy of the right over the law, a research published in the Judiciary Magazine, Issue (39).
ix. Muhammad Suleiman Al-Ahmad, 2013, “Canonization” of the Contract, a research published in the Journal of Legal and Political Studies, the first year, the second issue, December.
x. Muhammad Suleiman Al-Ahmad, 2018, the supposed contractual clause, published in the Journal of Legal Studies, issued by the Bahraini Parliament, the first issue.
xi. Muhammad Sayed Arafa, 2001, The Principle of Good Faith in the Federal Nationality Law, research published in the Sharia and Law Journal, UAE University, Issue 5, June.
xii. Nouri Hamad Khater, 2017, Functions of Good Faith in the UAE Civil Transactions Law No. (5) of 1985, research published in the Kuwaiti International Law College Journal, Issue (1), Fifth Year, Serial Issue (17), March.
xiii. Al-Hadi Al-Saeed Arafa, 1986, Good Faith in Contracts, research published in the Journal of Legal and Economic Research, Issue (1), first year, Faculty of Law, Mansoura University, Egypt.
xiv. Muhammad Abd al-Rahman and Hanim Abd al-Maqsud, 1995, Some psychological variables associated with the orientation towards helping others among female university students, a research published in the Journal of the Faculty of Education in Zaqaqiq, Volume 23.
Fourth: The Laws
i. French Civil Law 1804
ii. Egyptian Civil Law No. (131) of 1948
iii. Iraqi Civil Law No. (40) of 1951
iv. Iraqi Pleadings Law No. (83) of 1969
v. Chinese Civil Law 2020
Fifthly - Websites
i. www.hjc.iq, The website of the Iraqi Supreme Judicial Council
B- Foreign Sources
i. DAVID HIEZ, 2009, L’éthique et le droit, Bibliotheque National - du Québec, Bibliotheque National du conade, , 1. Trimestre.
ii. Bier huff, H, Klein, R & Kramp, p (1991): Evidence for the altruistic personality, (59).
iii. George pascal, 1957, La pensée de Kant, bordas, 2eme édition, paris.
iv. Hare: (R.M), the language of Morales, New York, lg64.
v. HART, 1988, Positivism, and separation of law and morals, Harvard law review, London.
vi. Jaluzot (B), 2001, la Dome Foi dans les contrqts, étude comparative, Dallow, Paris, (3).
vii. Kant, 1994, Fundamental principles of the metaphysic of morals, translated by, the mas king smill Abbottin Great Books of the westren world (Kant 39) fifth printing united states of American.
viii. Lyubomirky, S. (2007): The How of Happiness: A new Approach to getting the life you want, penguin press, New York, USA.
ix. MAZEAUD (Het L.) et TUNAC (A.), 1965, Trait theorique et pratique de – la responsabilite civil delictuelle et contractuelle, MOTCHESTIEN, eme, edition, n529.
x. Myers D. (1996): Exploring psychology, Library of congress, USA.
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