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Perepelkin V., Kuzmin Yu.

Interrelation of Morality and Legal Consciousness

Keywords: theory of law, morality, morality, legal culture, legal consciousness, history of relations between morality and law

The authors actualize the problem of correlation between the law and morality, their place in the socio-regulatory system, which traditionally attracts special attention of philosophers and lawyers. They carry out the analysis of legal culture as the main indicator for the degree of legal freedom and protection of the society and each individual. An inextricable connection between the legal culture with morality and legal consciousness is shown. It is noted that the gap between the law and morality can lead a society to irreversible spiritual losses. They substantiate the relevance of issues related to the ongoing democratization processes in social relations in Russia, as well as the problems of forming a law-bound state, expanding the scope of legal consciousness, legal norms, which quite actively influence various spheres of human existence. Morality and law differ in their origin, historical fate, form of expression. For centuries, the process of relative separating the law and morality was difficult, as it was heavily influenced by religious attitudes that dominated the legislative and executive government branches. All these phenomena and processes have not lost their relevance in our time. The authors carry out a historical analysis of the process in the development of the categories "morality", "law", "legal consciousness", which occurred in different historical epochs. The relevance of the topic is caused by the fact that in the conditions of Russian reality it is very difficult to restore elementary order in the society and to maintain a healthy moral and psychological climate in it only with the help of administrative and command resources. Legal regulation should be more intensively supported by an appropriate moral impact. In the exercise of their functions, morality and the law, using their methods, help each other to achieve common goals. The nature of the interaction between morality and legal consciousness, their relationship with other areas of culture (religion, art) are not unchanged.

References

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  2. Losev A.F. Estetika Vozrozhdeniya [Renaissance esthetics]. Moscow, Myisl’ Publ., 1978, 623
  3. Monteske Sh. O duhe zakonov [About spirit of laws]. Moscow, Gospolitizdat Publ., 1955. 570 p.
  4. Solovev V.S. Opravdanie dobra [Justification of good]. Moscow, Myisl’ Publ., 1988, vol. 1, 895 p.
  5. Chestnov I.L. Teoriya gosudarstva i prava [Theory of State and Law]. Moscow, INFRA-M Publ., 2018, 233 p.

About authors

Perepelkin Vyacheslav
Candidate of Legal Sciences, Associate Professor of Criminal Law Department, Chuvash State University, Russia, Cheboksary (SlavaP1954@mail.ru)
Kuzmin Yury A.
Senior Lecturer of Criminal Law Department, Chuvash State University, Russia, Cheboksary (kya70@mail.ru)

Article link

Perepelkin V., Kuzmin Yu. Interrelation of Morality and Legal Consciousness [Electronic resource] // Oeconomia et Jus. – 2019. – №4. P. 47-52. – URL: http://oecomia-et-jus.ru/en/single/2019/4/6/