К ВОПРОСУ О ВЗАИМООТНОШЕНИИ ПРАВА И НРАВСТВЕННОСТИ В ФИЛОСОФИИ И.А. ИЛЬИНА

Abstract

The article analyzes the views of the famous Russian jurist and philosopher Ivan Alexandrovich Ilyin (1883-1954) on the problem of the correlation of norms (religion, morality and law) in social regulation. The scientist called religious norms, norms of morality and law social, designed to regulate people’s behavior. They were allocated criteria for their comparison: by the subject of rulemaking (authority); by the process of creation; the sphere of regulation; forms of expression and mechanisms of support. Comparing the norms of law and morality, the scientist came to the conclusion that legal norms are established by an external authority — the state power; moral norms — by the internal voice of conscience; the process of rulemaking is significantly different (in law it is externally strictly regulated); the object of regulation is different (in law — all members of the state union, regardless of their consent; in the moral sphere — persons who voluntarily recognized the voice of conscience). The legal and moral motivation of behavior is different (moral behavior is determined solely by internal moral urges, in law — only the external nature of actions without internal motivation plays an important role). The law and morality also differ in the ways of ensuring. Compliance with the norms of law is based on external coercion by the state authorities, and — moral norms — on internal sanctions (guilt, pangs of conscience).