Jog és erkölcs konfliktusa az Antigoné tükrében

Kaprinay Eszter: Jog és erkölcs konfliktusa az Antigoné tükrében.

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Abstract

In my study I am going to examine the moral questions in the Antigone, namely the argument between the law created by human beings and the divine law, explicitly the conflict between law and moral. The dilemma of law and moral, throughout the development of society, can be observed since birth of the tragedy of Antigone. What is the correct solution? Can the law entirely depend on the morals or shall they be completely separated from each other? Can law exist without moral at all? In my essay, there is a clear connection between law and moral, as they are necessarily depending on each other. The development of law was unconventionally influenced by moral values, the system of law essentially needs elements from moral values. On the other hand, I believe that this statement does not rationalize the fact: what is justifiable is always moral and what is moral will always be justifiable. Sophocles was a philosopher, who put the divine law above everything else, yet dealt with „ius humanum” - a comprehensible conflict Antigone was built on. Therefore I’ve chosen to present the positivist thinker, Herbert Hart’s thesis on law and moral, since he not only dealt with the law of nature, but adopted its several basic principles. In my study, I also examined the domestic judgment on justice and the rule of law, as these categories are strictly connected also to law and moral. Lastly, my study speaks about the Antigone’s perspective on basic rights. The human created law does not cover the entire field of law; there is something higher, a superhuman, celestial law, which has priority. This was the thesis of the natural law, which led to the formation of basic rights, namely the human rights. The plot of the Antigone was built up on the conflict of human created law and divine law. As a consequence, the work can be interpreted as an Antigone stands for the basic rights, and Kreon desecrates these rights by maintaining an opposite legislation. From the prospective of basic rights, the work is about the dismemberment of the right of reverence which derives from the law of human dignity. At the end of the work, Kreon’s act fails, everyone turns away from him, which could be interpreted as the law of human dignity, and the right of reverence wins over unjust law.

Item Type:	Conference or Workshop Item
Other title:	The conflict of law and moral in respect of the Antigone
Journal or Publication Title:	Jog és irodalom = Recht und Literatur = Droit et litterature
Date:	2011
Volume:	1
ISSN:	2063-3807
ISBN:	978 963 306 142 8
Page Range:	pp. 81-92
Series Name:	Szegedi Jogász Doktorandusz Konferenciák
Language:	Hungarian, English
Contributors:	Contribution Name UNSPECIFIED Sophokles
Place of Publication:	Szeged
Event Title:	Jog és irodalom = Recht und Literatur = Droit et litterature (2010) (Szeged)
Related URLs:	http://acta.bibl.u-szeged.hu/75048/
Uncontrolled Keywords:	Kegyeleti jog, Polgári jog, Jog és erkölcs, Görög irodalom története
Additional Information:	Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven
Subjects:	05. Social sciences 05. Social sciences > 05.05. Law 06. Humanities 06. Humanities > 06.02. Languages and Literature
Date Deposited:	2022. Mar. 29. 10:13
Last Modified:	2023. Dec. 05. 11:25
URI:	http://acta.bibl.u-szeged.hu/id/eprint/75054

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