Law, moral and religion as social regulators: objective and subjective measurements
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
The article deals with investigation of the interdependence and relationship of objective and subjective measurement of the three largest and most influential social regulators – law, moral and religion. We must admit that, describing a particular social phenomenon in our imagination is always present not only determined measurement of its essential features, which allow us to conclude about reality and a certain form of its existence, but always at least an abstract image of what, whereby such social phenomenon should be or to which perfect improvement options it should seek to ensure social and individual development. In particular, our expectations of law as a basic regulatory system in a democratic state related to the fact that its norms must comply with justice, humanism and other certain principles, which laid in the basis for the normal functioning and development of society. However, not quite methodologically justified, according to the author, it seems that modern discursive field, regardless of the specific areas of its existence, is usually limited to stating that law, enshrined in legislation, must correspond and comply with the norms of legal act, which has the highest legal force, so that constitution, although constitution establishes the appropriate values that go beyond legal normativism and contain at least a determined moral content. Because «good» is, first of all, the most common notion of moral, which, in contrast to the category of «evil», combines all the positive moral values, meaning thereby focused, sincere and selfless desire to exercise good or useful action. And if the law is an art of good, it means that its norms must to promote positive moral values in social life (for example, fairness, love, family, birth and parenting, communication and continuity of generations, compassion, responsibility, caring, humility, honor, dignity, generosity, benefit of all social groups and individual in their harmonious combination, collectivity and mutual aid, etc.), the need and usefulness of which for social development have repeatedly proved by historical experience. In this way law as an exclusive state regulator of social relations through official power level will facilitate a strong consolidation in the mind of higher moral and spiritual values and its education not only as a formal law-abiding citizen, but a moral person, capable to grasp the entire depth of relevant relationships that always have a certain moral overtones, because their emergence, change, development and termination related to a person who is a carrier of a certain level of moral consciousness. If the law is an art good and justice, its norms cannot establish standards (rules) of conduct, which reflecting situational subjective desire of politicians, representatives of government and business circles, etc., and if such is the case, it means the gradual and unavoidable loss of law its regulatory potential and, consequently, the spread of destruction of the whole system of social regulation in general. In this case is impossible to talk about ensuring proper level of law and order in society, because law gradually moving away from other common social-and-normative systems, thereby becoming the only formal and ineffective means of social relations, the contents of which are already closed internally, that is social regulator, which is deprived the normative «support» by, for example, moral norms, that are often subconsciously influencing human behavior, constantly defining, in particular, the character of its internal motivation, that precedes any human acts. It is concluded: 1) law, moral and religion in objective measurement are mutually and interdependent regulatory systems; 2) the value of law as a state social regulator is determined by the nature or the degree of interaction, interdependence and mutual influence with moral and religion; 3) legal rules, enshrined in legislation, are not perceived only as limitations of personal freedom, when their content is matched to the internal moral and religious norms.
Authors and Affiliations
Serhii Sunegin
Keywords
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