ABSTRACT

The best source or "social mirror" of the ethical mentality and respective forms of conduct, or of the mores, is usually given by the totality of the "official" laws of a given group, plus its "official" moral prescriptions. The Ideational to the sensate form of culture is marked by opposite characteristics in the sensate criminal law, namely, by exclusion of almost all Ideational crimes from the class of criminal actions. As the official laws cannot be changed incessantly, so to speak, while the social life is changing constantly, the discrepancy is inevitable. There always is some discrepancy between the situation as it is depicted in the "official law" and in the psychosocial mentality of the members of the society. However, the discrepancy should not be exaggerated, especially for the earlier centuries, when the tempo of the change of the ethicojuridical mentality, and of the respective forms of conduct, was slow.