Ціннісні орієнтири права у формуванні поведінки людини

Abstract

The article defines the impact of value orientations of law on the formation of human behavior through the prism of the main concepts of legal understanding. It has been found that the nature of legal values occurs in several alternative axiological approaches, of which the most well-founded are the objectivist and subjectivist concepts. Thus, the first determines that values exist objectively, that is, regardless of the subject's consciousness, and he only correctly or incorrectly evaluates them and applies them in everyday life. The subjectivist concept assumes that values are created (constituted) by the subjects themselves. It has been clarified that both law-making and law enforcement are spheres of human activity that have a pronounced evaluative nature. Only through values in law is the transition from the essential to the proper, from the factual to the normative, possible. In the context of the influence of the value guidelines of law on the formation of human behavior, it is necessary to identify the problem of the relationship between objective and subjective law, the influence of moral relations in society, the moral consciousness of subjects on the formation of legal norms, and the problem of the moral and legal choice of the individual's line of behavior. It is important that moral norms and principles act as the leading criterion of law, the main measure of the content of the law and the entire practice of law enforcement. This requirement is completely natural, because the content of the legal norm derives primarily from the moral foundations of society, the history of the people, traditions and moral principles of its life.