Sunegin S. O. The crisis of modern law: an essential aspect
In an article in the general theoretical aspect rises the problem of the definition of basic or essential causes of the modern law’s crisis. It is indicated that, despite the variety of approaches to understanding the essence of law, the latter’s matter is that the law – is the special, the state regulator of social relations, that functions and works closely together with the other objectively existing normative-and-regulatory systems, primarily morality and religion.
It should be noted the fact that all social regulators objectively formed with the development of society, the complexity of social processes, ultimately creating a coherent and coordinated socially accepted system of regulation of human relationships. This is quite natural, because every single kind of social regulation of behavior, at least in public organized society, characterized by antagonistic manifestations of its operation and development, which often become acute forms of conflict, can never be self-sufficient, so that is able to find a necessary means to prevent or avoid social degradation. The law can operate successfully in society only if it is based on a deep inner psychical motivation that is formed primarily by traditional for society moral and religious norms. If this internal moral motivation being lost, diffused in various and sometimes completely mutually exclusive ideological guidelines, it begins to occur the divergence of the main regulatory systems – religion, morality and law. This divergence can be disastrous way affect the course of human development, as clearly shown revolutions and world wars with many-millioned sacrifices that took place during the twentieth century, as well as numerous events around the world at the beginning of twenty-first century, including military events in the East Ukraine 2014.
Today, unfortunately, we can say that alienation of law from moral and religious norms, as well as confidence that the law has its own ability to provide the necessary social progress through formal regulation of social relations has resulted in the opposite effect: the law has become a tool for satisfaction purely private selfish interests of individuals and corporate groups, which manifests itself in all the array of legal practice. In particular, you can just listen or watch the news on radio and television, read newspapers, sink in the Internet-space, listen to people who are faced with difficult life circumstances, and can ensure that the law is less impact on the real, not declared progressive development of society, as it is only a means of satisfying private interests, thus becoming more common strain various forms of legal consciousness of individuals. Moreover, in conditions of devaluation regulative potential of morality and religion law more functionally overloaded, resulting in a lot of relationships that previously regulated mainly by norms of morality and religion, and begins to more specific regulated by law (for example, family relationship).
We cannot ignore the fact that morality and religion, as well as the law, regulates human behavior in all spheres of public life. After all, one way or another, but any legal relations is always a relationship between people, individuals, even if direct participants are the various agencies and organizations. This means that such legal relationship is always possible to estimate not only in terms of their compliance with established regulatory model enshrined in the law, but in particular, from the standpoint of fulfillment of man’s moral duty, honesty, fairness and integrity (for example, the business relationship between economic operators may also be assessed in terms of their integrity, awareness of public duty and zero tolerance for abuse of public interests; labor relations in the enterprise as measured in terms of human devotion own work, diligent and conscientious discharge of their duties for the benefit of not only personal, but also social development in general).
Unbalance of social regulation system expressed, in particular, in an effort futile «to pass on the shoulders» of law the burden of all the major social regulators, also leads to misunderstanding of morality not as objectively existing holistic social phenomenon that gives clear and unambiguous differentiation between good from evil, right from wrong, truth from lies, etc., as well as the so-called independent or private morality, which rejects the wisdom and experience of past generations, ensuring continuity of moral consciousness of the individual, and brings understanding of morality only to the subjective perception of moral guidelines by the individual.
The author concludes that the essential aspect of the crisis of modern law consists in the destruction of the entire system of socionormative regulation, which manifests itself in a pronounced trend towards artificial disintegration of objectively functioning systems interrelations between different normative-and-regulatory systems (primarily law, morality and religion), the gradual divergence of legal-and-normative regulation of its teleological moral-andreligious directives and principles.
Key words: law, the essence of law, morality, religion, the crisis of modern law, law-andorder, international law; socionormative system.