By CoperNick

Michele Ragni

May 26, 2020

We all think before doing something. We are “thinking beings”.

Everyone is endowed with a critical sense.

We all think before taking a decision, before turning the TV on, before accepting a proposal or before doing love with the person we love, whom we appreciate.

We always think, even when we sleep. In fact we often remember our dreams. And writing them with a beautiful pen, also a fountain pen, on a piece of paper would be helpful to better memorize them in the future.

According to many psychologists we remember the majority of our dreams thanks to our notes and our ability to hand them out through our memory.

And we must do this since the first moments of wakefulness.

Still, from a juridical point of view how the actions we take every day are judged or, in a more tender way, considered?

What determines the legitimacy of an action? According to what we establish that something we do is right or not?

To answer to these questions morality comes to help us. Morals and morality are both aspects of an ethic way of thinking the world.

We move between law and ethics, between morality and law. However, saying ethics is different from saying morality.

Ethics is a speculative inquiry around the human practical behaviour having the two opposite concepts of good and evil.

Morality is something different, even if it is sometimes confused with ethics. Morality is the spiritual basis to the human behaviour, especially linked and in relation with the choice of good and evil, two opposite words, as above said.

Ethics and morality are two close ideas: they both analyse the human behaviour in front of good and evil. Morality is more generic, while ethics is more specific and it is referred to the practical actions of human beings.

Law, as everybody knows, is divided into many different kinds or branches: in fact there is the constitutional law as well as the civil law, the criminal law and canon law, just to give some examples.

But a more ancient criterion distinguishes between natural law and positive law.

The first one is established in nature and therefore it comes before any other kind of law.

Positive law is written by men, in the form of codes or pieces of law.

So, let’s ask ourselves: what allows a man to say or to decide whether an action is right or not.

If we take into consideration the action of killing, in every aspect, such as killing a man, an animal, ourselves, an enemy, a sick person, a fetus, etc. that action is wrong either for a matter linked to natural law, or for a reason present and granted by positive law. In every criminal code killing is prohibited, and therefore sanctioned.

Thus, death penalty has been cancelled from many criminal codes in many States. Those States substitute death penalty with life imprisonment.

Let’s think, now, to the therapy of sweet death, which was considered by Italian press some months ago, for the DJ Fabo case.

Is it right to end a human life if the person who is going to die is asking for his or her death?

Law tries to solve this question and to put the answer into a written form. Law answers what morality asks.

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