New on the site: Michi-bot. An intelligent assistant based on the writings of Rabbi Michael Avraham.

Law and morality

שו”תCategory: moralLaw and morality
asked 4 years ago

It is usually said that there is a difference between law and morality at the level of a person’s motives. In (deontological) morality, an act is judged as moral if the intentions and motives of the person who did the act were moral. Law, on the other hand, is usually satisfied with the desired result of a particular behavior. If in practice this result is achieved, it is not the business of law to examine the person’s motives.
 
And, indeed, the one who commits a legal offense is judged according to his intentions when he committed the offense! A person’s intentions and motives are an essential element of his criminal responsibility.
Isn’t that a contradiction to what I wrote above?

Leave a Reply

0 Answers
מיכי Staff answered 4 years ago

Absolutely not. The offense is defined as a consequence. The punishment depends on the criminal intent. For example, it is accepted that ignorance of the law does not exempt from punishment. Beyond that, there is no positive commandment in the law at all.

Leave a Reply

Back to top button