The relationship of rights and obligations: questions of theory

T. Popovych
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Abstract

It is indicated that, in the modern period of conflicting legal norms, one of the means of ensuring the implementation and observance of constitutional obligations is the responsibility and sanctions of the norms of the current legislation. It is noted that in the modern world, with the rapid development of society, the issue of compliance with law and morality is becoming more and more necessary and relevant. That is why considerable attention should be paid to the consideration, analysis and research of these two concepts. Today, law and morality depend on each other. Norms of morality and law are the most widespread and quite important for society. They are intertwined in the process of social regulation, their demands coincide in many respects: what law allows or prohibits, and morality encourages or condemns. The interaction of morality and law in society is a very complex and diverse process. Strongly influencing morality, law contributes to its intensive implementation in the minds of all members of society, at the same time, under the influence of moral requirements, law constantly improves and elevates its role as a social regulator of social relations. The author emphasizes that the attitude to rights and duties in the context of a person’s legal status creates a rather complex problem for ethics and morality. On the one hand, theorists fix such qualities of moral demands as universality and a high level of commonality. Ethical theory in the sense of attitude to rights and duties inevitably uses as one of its bases the moral ideas of “ordinary man” or “ordinary human mind”. It cannot simply ignore moral intuitions, although it can make attempts to discredit some of them, especially if they contradict the main body of moral convictions and are not accompanied by absolute certainty. However, moral duties to have a different character. They are an integral component of the normative system of universal morality and have an almost axiomatic character for the “ordinary person”.
权利与义务的关系:理论问题
报告指出,在法律规范相互冲突的现代社会,确保履行和遵守宪法义务的手段之一是现行法律规范的责任和制裁。人们注意到,在现代社会,随着社会的快速发展,遵守法律和道德的问题变得越来越必要和相关。因此,对这两个概念的思考、分析和研究应受到极大的重视。今天,法律与道德相互依存。道德规范和法律规范最为广泛,对社会也相当重要。它们在社会调节过程中相互交织,其要求在许多方面不谋而合:法律允许或禁止什么,道德就鼓励或谴责什么。道德与法律在社会中的互动是一个非常复杂和多样的过程。法律强烈地影响着道德,促使道德在全体社会成员的头脑中深入贯彻,同时,在道德要求的影响下,法律不断改进和提升其作为社会关系的社会调节者的作用。作者强调,在个人法律地位的背景下对权利和义务的态度给伦理道德带来了一个相当复杂的问题。一方面,理论家们固定了道德要求的普遍性和高度共同性等品质。权利和义务态度意义上的伦理理论不可避免地要以 "普通人 "或 "普通人的思想 "的道德观念为基础。它不能简单地忽视道德直觉,尽管它可以试图诋毁其中的一些直觉,特别是当它们与道德信念的主体相矛盾,并且没有绝对的确定性时。然而,道德义务具有不同的性质。它们是普遍道德规范体系的组成部分,对 "普通人 "来说几乎具有公理的性质。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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