法律与道德:现代现实背景下的互动问题

Sergii Suniehin
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In our opinion, problems of interaction of law and morality in modern realities are due to the transformation of understanding of the essence and nature of social norms in general and, in particular, its moral component, which increasingly loses its transcendent, absolute origins, thus becoming more democratic, individualistic, capable of endless meaningful experiments. and the perception of many alternatives. Among the specifi c features of the moral life of modern democratic society in the scientifi c literature are rightly noted such features as moral pluralism, development of professional and corporate codes of ethics (institutionalization of morality), the division of morality by ethnicity, orientation of moral requirements to a certain external standard, which opposes the traditional moral call for unlimited human self-improvement in a Christian or religious context, as well as a utilitarian approach that involves decision-making based on the so-called logic of lesser evil.\nIn the context of these aspects, it can be argued that not morality as a special socionormative phenomenon converges with law, but its understanding and interpretation within modern discourse is fully consistent with the legal sphere of public life, whose mission is to serve purely utilitarian needs and interests of society and citizens, their material well-being. At the same time, morality as an objective socio-normative\nphenomenon that constitutes the highest value-teleological priorities of spiritual improvement of the individual, on the contrary, is increasingly moving away from the content of modern law, which has lost the status of a stable and solid basis for enduring moral values in public life. \nThe loss of clear criteria for distinguishing between good and evil, morally permissible and inadmissible actions of people, measuring human happiness only by the degree of possession of a person’s material goods, etc., has led not only to the fact that law can solve only some practical problems of local nature, but also to the fact that today the law actually plays the role of one of the important factors of moral regression of society. The latter is manifested, in particular, in the strengthening of the global trend of legal regulation of such morally shameful phenomena as euthanasia, same-sex marriage, prostitution, and so on. At the same time, the logic of providing legal guarantees for such phenomena is based, as a rule, on a purely economic calculation and the need to ensure the fullest possible freedom of individual choice. Conclusions. Modern realities of legal systems, based only on the idea of ensuring and protecting human rights and freedoms, determine the equivalence of all lifestyles, each individual choice, because there are no general universal grounds for determining which way of life brings more benefi ts and happiness, and which is less. This normative approach, due to which traditional moral values have undergone signifi cant revision and even destruction, deprives the individual of life of relationships with the relevant social whole, denies or at least negates the importance of fi nding the ideal of moral development of the individual, the goals of his spiritual activity.\nThus, the modern legal system, the development of which is infl uenced by the fundamental importance of liberal values of public life and the inversion of its moral component, must solve many additional problems in the process of its impact on the moral aspect of social relations, in particular, when deciding on the admissibility of prostitution, euthanasia, genetic engineering, artifi cial intelligence, etc.\n\nKey words: law, morality, human rights, ideology, legal norm, social regulation.","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"49 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Law and morality: problems of interaction in the context of modern realities\",\"authors\":\"Sergii Suniehin\",\"doi\":\"10.33663/1563-3349-2022-33-186-197\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Introduction. 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引用次数: 1

摘要

介绍。本文在现代价值和意识形态现实的背景下,探讨了法律与道德互动的概念问题。民主法制发展中自由空间的扩大、科学技术进步的迅速、公共生活各个领域和领域的全面信息化、社会不平等现象的加剧以及今天的其他危机现实,客观上要求澄清和重新思考不同社会调节因素之间的相互作用和相互联系问题,特别是法律和道德,它们的规则调节着最大量的社会关系。这篇文章的目的。本文的目的是在当今社会文化现实的背景下确定法律与道德相互作用的主要问题。在我们看来,法律和道德在现代现实中相互作用的问题是由于对一般社会规范的本质和性质的理解的转变,特别是对其道德成分的理解,它日益失去其超越的、绝对的起源,从而变得更加民主、个人主义,能够进行无休止的有意义的实验。以及对许多选择的感知。科学文献正确地指出了现代民主社会道德生活的具体特征,如道德多元化、职业和公司道德准则的发展(道德制度化)、按种族划分道德、道德要求面向某种外部标准,这与基督教或宗教背景下人类无限自我完善的传统道德呼吁相反。以及一种功利主义的方法,这种方法涉及基于所谓的小恶逻辑的决策。在这些方面的背景下,可以认为,道德作为一种特殊的社会规范现象并没有与法律趋同,但它在现代话语中的理解和解释与公共生活的法律领域完全一致,公共生活的使命是服务于纯粹功利的需求和利益,社会和公民,他们的物质福利。与此同时,道德作为一种客观的社会规范现象,构成了个人精神进步的最高价值目的论优先事项,相反,它越来越远离现代法律的内容,现代法律已经失去了在公共生活中持久道德价值的稳定和坚实基础的地位。由于没有明确的标准来区分善与恶、道德上允许和不允许的人的行为、仅仅以一个人的物质财富的占有程度来衡量人类的幸福等等,这不仅导致了法律只能解决一些地方性质的实际问题,而且导致了今天法律实际上扮演了社会道德倒退的重要因素之一。后者尤其表现在加强对安乐死、同性婚姻、卖淫等道德上可耻的现象的法律规制的全球趋势上。与此同时,为这种现象提供法律保障的逻辑通常是基于纯粹的经济计算和确保个人选择的尽可能充分自由的需要。结论。法律制度的现代现实仅仅基于确保和保护人权和自由的理念,决定了所有生活方式、每个人的选择的等价性,因为没有一般的普遍依据来决定哪种生活方式带来更多的利益和幸福,哪种生活方式带来的好处和幸福更少。由于传统道德价值经历了重大的修正甚至破坏,这种规范方法剥夺了个人与相关社会整体的生活关系,否认或至少否定了寻找个人道德发展理想的重要性,他的精神活动的目标。因此,现代法律制度的发展受到自由主义公共生活价值观的根本重要性及其道德成分的倒置的影响,在影响社会关系的道德方面的过程中,必须解决许多附加问题,特别是在决定卖淫、安乐死、基因工程、人工智能等的可采性时。关键词:法律、道德、人权、意识形态、法律规范、社会调节。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Law and morality: problems of interaction in the context of modern realities
Introduction. The article investigates the conceptual problems of interaction of law and morality in the context of modern value and ideological realities. Expanding the space of freedom in a democratic legal development, the rapid nature of scientific and technological progress, comprehensive informatization of all spheres and spheres of public life, increasing social inequality and other crisis realities of today objectively require clarifi cation and rethinking issues of interaction and interconnection of different social regulators, in particular, law and moral, the rules of which regulate the greatest number of social relations. The aim of the article. The purpose of this article is to identify the main problems of interaction of law and morality in the context of the socio-cultural realities of today. Results. In our opinion, problems of interaction of law and morality in modern realities are due to the transformation of understanding of the essence and nature of social norms in general and, in particular, its moral component, which increasingly loses its transcendent, absolute origins, thus becoming more democratic, individualistic, capable of endless meaningful experiments. and the perception of many alternatives. Among the specifi c features of the moral life of modern democratic society in the scientifi c literature are rightly noted such features as moral pluralism, development of professional and corporate codes of ethics (institutionalization of morality), the division of morality by ethnicity, orientation of moral requirements to a certain external standard, which opposes the traditional moral call for unlimited human self-improvement in a Christian or religious context, as well as a utilitarian approach that involves decision-making based on the so-called logic of lesser evil. In the context of these aspects, it can be argued that not morality as a special socionormative phenomenon converges with law, but its understanding and interpretation within modern discourse is fully consistent with the legal sphere of public life, whose mission is to serve purely utilitarian needs and interests of society and citizens, their material well-being. At the same time, morality as an objective socio-normative phenomenon that constitutes the highest value-teleological priorities of spiritual improvement of the individual, on the contrary, is increasingly moving away from the content of modern law, which has lost the status of a stable and solid basis for enduring moral values in public life. The loss of clear criteria for distinguishing between good and evil, morally permissible and inadmissible actions of people, measuring human happiness only by the degree of possession of a person’s material goods, etc., has led not only to the fact that law can solve only some practical problems of local nature, but also to the fact that today the law actually plays the role of one of the important factors of moral regression of society. The latter is manifested, in particular, in the strengthening of the global trend of legal regulation of such morally shameful phenomena as euthanasia, same-sex marriage, prostitution, and so on. At the same time, the logic of providing legal guarantees for such phenomena is based, as a rule, on a purely economic calculation and the need to ensure the fullest possible freedom of individual choice. Conclusions. Modern realities of legal systems, based only on the idea of ensuring and protecting human rights and freedoms, determine the equivalence of all lifestyles, each individual choice, because there are no general universal grounds for determining which way of life brings more benefi ts and happiness, and which is less. This normative approach, due to which traditional moral values have undergone signifi cant revision and even destruction, deprives the individual of life of relationships with the relevant social whole, denies or at least negates the importance of fi nding the ideal of moral development of the individual, the goals of his spiritual activity. Thus, the modern legal system, the development of which is infl uenced by the fundamental importance of liberal values of public life and the inversion of its moral component, must solve many additional problems in the process of its impact on the moral aspect of social relations, in particular, when deciding on the admissibility of prostitution, euthanasia, genetic engineering, artifi cial intelligence, etc. Key words: law, morality, human rights, ideology, legal norm, social regulation.
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