Conceptual trends of modern morality in legal society
Дата
2020
DOI
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Назва журналу
Номер ISSN
Назва тому
Видавець
Науково-дослідний інститут приватного права і підприємництва ім. академіка Ф. Г. Бурчака
Анотація
The article is devoted to the analysis of the current state of morality in the legal society. Observing the transformation of the content of morality, which is a special state in the mobile process of social development and is progressing at the turn of political and socio-economic transformations. We can say that the transformation of morality in law is a transformation of public opinion of different meaning and direction, which due to internal or external factors or a combination of them are reproduced in the rules of law. The transformation of morality occurs at certain stages of development of society, and especially at those points in time when people are very sensitive to any external changes. In such periods, the general morality of society may be on a new countdown
and lead to changes in directions to its further evolutionary path. Such a transformation of morality cannot exist outside the law and not affect its content. The article examines current trends in the transformation of morality in a legal society, which give rise to new theoretical constructions and approaches in relations in society, and thus encourage the modernization of legal tablets. The article analyzes the materials of statistical research on the views on the morals of the younger generation and the elderly. The tendency of gradual degradation of moral foundations is traced. The article states that certain provisions of the Law of Ukraine “On Protection of Public Morality” are unconstitutional, although they coincide with the requirements of the European Convention for the Protection of Human Rights and Fundamental Freedoms. It is emphasized that the Law of Ukraine “On Protection of Public Morality” does not fulfil its function, because it lacks many necessary factors that need attention, and its provisions should not be perceived as a restriction of freedom of expression for man, as freedom of legal the state is possible only within the framework of observance of the law and norms of morality.
The article emphasizes that the content of the category “rule of law” implies the filling of legal norms with several moral principles and principles, because otherwise, the state can not be called legal. The article substantiates and proposes the category of “stabilizing function of morality” as a new moral and legal category, which is to maintain the stability of basic principles and rules of human life within the state through public resources, social, humanitarian, educational, propaganda and other methods of influence
Опис
Ключові слова
transformation of morality, stabilizing function of morality, law, moral standards, good, evil
Бібліографічний опис
Horielova V. Conceptual trends of modern morality in legal society / V. Horielova // Підприємництво, господарство і право. - 2020. - № 10. - С. 216-221