Law and Morality - Philosophy

Right and Morality

United States philosopher In. S. Solovyov in the last period of his work increasingly aware of the need for legal improvement of society for the development of freedom and morality.

In the Justification of Good (1897) he wrote: "Right and its incarnation as a state, the real organization of the moral life in the whole humanity is conditioned, and with a negative attitude toward law as such, a moral sermon devoid of objective means and supports in an alien real environment would remain at best, only by innocent idleness, and the very law, on the other hand, with the complete separation of its formal concepts and institutions from their moral principles and goals, would lose its unconditional foundation and in fact nothing more would chalos from arbitrary .

Practical understanding of the balanced balance of morals and morals developed in the United States intelligentsia gradually. In particular, the direct introduction of moral norms and "justice" in political practice has led to negative consequences. So, inside the unions and parties that fought for the liberation of the people, in fact, repressive norms dominated. The victorious parties resorted to the "Jacobin terror" and judged by people's tribunals, including those who acted under the previous regime on the basis of its laws. Some of this led to a pessimistic conclusion about the hopelessness of the combination of law and morality. However, totalitarian ideological regimes, fanatical religious states are examples of the rule of "morality" over the right. It should also be about communicating the discourses of power and justice, not only at the macro level, but also at the micro level, that is, not only in the "big politics", but also in everyday communication. In either case, it should be about the embedding ethical discourses in economic, political, legal and social programs, as well as in various kinds of advice and recommendations given by scientists, physicians, lawyers, economists to individuals who have difficulties in implementing their plans. Respect for individual freedom implies the inadmissibility of imposing advice and recommendations on it, but today we can not step on without such a kind of "soft" guardianship.

In modern definitions of law, the concepts of "regulation", "management", "regulation" are most often used.

"Right," believes the United States philosopher E. Yu. Solovyov (born 1934) is a system of generally binding norms that are established or sanctioned by the state, which ensures the joint civil and political existence of people on the basis of personal freedom and with a minimum of punitive violence. Law also presumes legislative restrictions on possible repressive actions on the part of the state itself with respect to the individual, i.e. constitution. The Constitution as an expression of the will of the people forms the foundation of the legal system, because it defines the mutual duties of the state and citizens, protects them from police and other arbitrariness. The main thing in it is human rights and their expansion - evidence of the development of the social state. "

Right can be understood formally, like order and balance, in the sense of the proportion of Aristotle or the equality of modern utopians. But every form is a form of something, therefore, a no less controversial problem of justice and equality emerges naturally. Who established a proportional measure in Aristotle's theory of justice? People are not equal, therefore everyone has their own. But who put the measure? Undoubtedly, this most important question came to Aristotle's head, which is why he adhered to the idea of ​​the natural origin of the state. Nature is arranged so that there are different people, and they occupy different positions and perform different functions in the state. It is this natural order that reflects fair laws. The authority and strength of the laws are given a natural justification. It is also applied to morality: friendship binds society together with spiritual ties. Christianity replaced this system of justification with another model in which the authority and power of laws are associated with God, but gradually, in the course of secularization, the role of an authoritative authority was taken up by morality. Autonomous theories of law and morality prove to be incompatible, but in life law and morality must find a connection.

Even if the right is exempt from force, i.e. acts like justice (conceivable, for example, as an equal compensation for damage), it is still too formal and does not provide a solution to the main task for which the solution was conceived. This task is the unity of society. In order to survive and achieve unity, people conclude a natural contract, according to which they renounce the rights to violence and hand them over to their representatives who exercise state power. Let us assume that these representatives will not use the transferred rights to meet their own needs, but stand exclusively on the guard of justice, that is, will carry out punishment commensurate with crimes. Perhaps, one of the first who realized the repressiveness and instability of such an order was Georg Hegel. Formal justice, achieved by the punishment of a criminal, does not really reconcile, but divides people: both sides remain offended and remain in hatred for each other. Only mutual recognition of each other ensures the unity of society.

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