307-328

The general clause of "boni mores" : a legal - historical approach

• Παπακωνσταντίνου, Καλλιόπη Κ.

The present study constitures a legal — historical approach of the concept of ‘boni mores’. It shows the necessity that led to the inregration of the concept of ‘boni mores’ as a general clause in the roman - byzantine, as well as in the current law: the lawgiver discharges himself from the necessity of a rigid case to case regulation. He avoids to integrate into law already formed moral conceptions and gives free space to the judicial judgment for the finding of the more lenient solution. ‘Boni mores’ constitute the conceptions of the members of the society for the commonly accepted social behaviour according to the tradition and the prevailing ideology in the social space. The larger consensus as to the criteria used for the judgment of a legal case forms part of the pervasive demands of every system of justice.

• Law

• Δίκαιο
• Πολιτική και ηθική