The Correlation of Morality and Law in the Works of I. A. Ilyin and G. F. Shershenevich: Comparison of Natural Law and Normative Approaches

Abstract

The article substantiates the need to address the political and legal heritage of pre-revolutionary Russian legal thought and offers an analysis of the scientific heritage of the classics of domestic political and legal thought I. A. Ilyin and G. F. Shershenevich on the relationship between morality and law. The concepts of social norms, their purpose and place in the system of social regulation are investigated. The social nature of morality, its regulatory function and historical variability, means of influencing persons who do not comply with the norms of morality are noted. The difference between legal regulation and moral regulation is carried out. The social utility of morality, the concept of moral behavior and its motives are investigated. In the context of understanding the law, attention is focused on its coercive nature and types of legal sanctions. Within the framework of the close interaction of morality and law, it is emphasized that giving a moral norm a legal sanction gives this norm a mixed character — ethical and legal. It is noted that the requirements of morality and law in some cases may contradict each other.