Issues of the Public Operation of Law on the Example of Organ Transplantation

Abstract

The idea of the public operation of law, generally including the thing, is coming to the need of the exit of the lawyer beyond the closed range of right norms and for noticing the law in the real life. These issues contain a lot of matters, including the wide circle of social and psychological phenomena. It results in the fact that the realization of the right is showing close ties with the axiology of the system of law and the process of internalizations, that is the widely understood problem of the approval of legal norms in the context of following them. Axiological approval, and consequently also and the attitude towards the specific legal answer is most often reflecting it whether contents of the legal norm are coinciding in the model of keeping with norms professed by the addressee, e.g. moral or religious. That reflection most often results in regarding the binding legal norm as the own standard of proceedings (the legal norm is becoming an internal imperative of the conduct of the specific individual). In view of above remarks it is possible to reach a conclusion that a public operation of law isn’t only a fact of the real influence of the law on citizens’ life (warning and applying the law), but also influences their emotions. The law then can be perceived as the entirety of the process of adapting individuals, as a result of which emotions always free themselves.

The public operation of law is showing umbilical ties with arguable issues under the ethical and moral consideration. Issues of defining death seem to be such an example and of organ transplantation. It is worthwhile emphasizing that at least the generality of people is backing the idea of the transplant up, that support is not finding expression in acts. So it seems that legal solutions accepted in fact not always contribute to the change of professed moral norms. With effect above there are questions about the role of the public opinion in the process making law, that is for issues of the actual influence of the society on law – making activity of the legislator.