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LEGAL ANALYSIS OF THE HARMONIZATION OF LEGAL
EDUCATION AND MORAL EDUCATION IN NEW UZBEKISTAN
Ergasheva Zilola Abdukhakimovna
Independent Researcher,
Fergana State University ORCID ID: 0009-0003-9843-8851
https://doi.org/10.5281/zenodo.16919010
Abstract:
The article studies the theoretical aspects of the harmonization of
legal education and moral education in New Uzbekistan, the socio-philosophical
and legal analysis of the harmonization of legal education and moral education
in New Uzbekistan, the socio-educational tasks and prospects of the
harmonization of legal education and moral education in New Uzbekistan. The
theoretical and methodological foundations of the harmonization of legal
education and moral education in New Uzbekistan are also analyzed.
Key words:
education, moral education, dynamics, harmonization, social
state,
systemic-functional
analysis,
theoretical-methodological
basis,
development, legal education, social value, civil society.
Introduction.
Law and morality, while closely related, also differ from one
another in certain essential features. These differences are as follows. Firstly,
legal norms are adopted by the state with the active participation of community
organizations and members of society. At the same time, the state has the
authority to amend these legal norms, introduce additions to them, and, in some
cases, even abolish them altogether. Therefore, in a certain sense, the state is the
political foundation of law and its creator. At the same time, law is also a product
of the state. Consequently, law does not merely reflect the will of the people but
also embodies their will expressed through the supremacy of state interests. In
this respect, law should be more accurately defined as a special state mechanism
that regulates human behavior. Morality, however, is not created by the state but
rather by society as a whole.
Literature review and methods.
The issues of harmonizing legal
education with moral upbringing, the social aspects of modernizing moral and
legal education, in particular, the organization of legal education within this
process, the socio-legal status of moral upbringing, and the enhancement of the
quality and effectiveness of legal education have been studied in the works of
scholars such as A. Veil, D. Easton, J. Dennis, S. Palonsky, J. Piaget, J. Kevin, J.
Torney-Purta, R. Bayniyazov, N. Voplenko, O. Demko, Yu. Dmitriev, N. Keyzerov,
A. Malko, N. Matuzov, V. Salnikov, L. Matveev, E. Abzalov, N. Vakhobov, D.
Dehqonova, Kh. Zakirov, Z. Islamov, I. Kudryavtsev, Z. Madalieva, Kh. Mamatov,
O. Nasriddinova, Kh. Odilqoriev, Y. Sadikova, A. Saidov, U. Tojikhonov, N.
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Saydalikhodjaeva, R. Turdiboeva, A. Khamraev, Sh. Yakubov, B. Juraev, and S.
Juraev.
Results and discussion.
The introduction of morality into social life does
not require an official authorization or any legal document to legitimize it. What
matters most is the approval and acceptance of moral norms by members of
society, social groups, and the public at large. In the formation and development
of moral norms, the state and other superstructural processes of society also
play a significant role. Moreover, both law and morality are historical and
cultural values, serving as key criteria that determine the progress of society.
Law differs from other types of social norms, particularly morality, in that
legal norms are adopted by the state in agreement with public organizations.
While law and the state are inherently interconnected, morality, to a certain
degree, maintains only a relative connection with the state.
It should be noted that customs, traditions, and religious teachings also play
a positive role in the formation and development of moral and legal norms.
Thus, the relationship between law and morality acquires a distinctive
dialectical character. Human behavior, regulated on the basis of legal norms, is
simultaneously influenced by moral norms. However, unlike legal norms, moral
norms do not necessarily require the participation of law in regulating human
conduct. From this, it can be concluded that moral norms have a much longer
history compared to legal norms. In other words, morality has existed since the
very emergence of society, whereas law arose at a certain stage of the
evolutionary development of society.
According to the American legal scholar Lawrence Friedman, the concept of
law is “as fleeting as a moment, as unstable as a bubble of water, as fragile as
porcelain, and yet infinitely multifaceted.” For this reason, when addressing the
relationship between law and morality and the place of law within the system of
social norms, it becomes essential to gain a deeper understanding of the
philosophical essence of law.
The principle of justice is aimed at harmonizing the relations between
participants in legal interactions, balancing the relations between the individual
and society, and between the citizen and the state. Laws, in turn, reflect this
balance on the basis of the principle of justice.
B) The principle of democratization in the formation and implementation of
legal norms. The distinctive feature of this principle is that the practical
application of legal norms involves the active participation of people’s
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representatives, public organizations, non-governmental organizations, labor
collectives, political parties, and citizens.
D) The principle of legality. One of the fundamental philosophical essences
of law lies in its humanism, that is, its purpose of protecting citizens from
unlawful and inhumane encroachments. As an example of implementing this
humanitarian principle enshrined in the Constitution of the Republic of
Uzbekistan—particularly the state’s commitment to caring for families—one
may cite the recently adopted laws in Uzbekistan that provide for the increase of
pensions, stipends, and salaries.
The implementation of the above-mentioned principles in practice is
directly connected with the core functions of law within the system of social
norms. The function of law, in this sense, refers to the realization of its social
status within social life. The main criterion determining this social status is the
need that arises in the course of social development.
One of the main features that distinguishes legal norms from other social
norms is that the state, acting in the interests of the entire population, has the
authority to enforce these norms compulsorily and to punish their violation.
Naturally, legal institutions and the mass media must explain to citizens the
necessity and fairness of state enforcement and of legal responsibility for
offenses. At the same time, it is equally important to foster a sense of support for
the law as the leading reason for lawful behavior, beyond mere fear of
punishment.
Among young people, fear of punishment tends to dominate their attitude
toward the law. They often view harsher penalties as the primary means of
ensuring compliance with legal norms. From a practical perspective, however,
the task lies in helping young people to master the use of all instruments of
popular sovereignty and genuine democratic institutions, along with their rights
and freedoms, the forms in which they are exercised, and the mechanisms of
their protection. These include transparency, the practice of open criticism of
mistakes and shortcomings, the opportunity to vote for multiple candidates in
elections to self-governing bodies, direct participation in adopting decisions of
national importance (such as referenda), the fight against any deviation from the
principle of social justice, and the protection of legal order.
Regrettably, the level of legal literacy among adolescents and youth remains
very low. Juvenile delinquency is often linked to their unawareness of the legal
consequences of defending their rights and lawful interests. According to
selective sociological studies, when juveniles serving sentences in correctional
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labor colonies were asked, one-third of them admitted that they had been
unaware that their actions would entail criminal liability.
In a civil society, enhancing the legal education and moral upbringing of
young people is not solely the responsibility of state bodies; it is also an
important process requiring the active participation of the public and other non-
governmental structures. Ensuring active involvement of youth in non-
governmental organizations and consistently raising their level of legal culture is
of urgent importance today. Trade unions, youth associations, and women’s
organizations play a significant role in raising young people’s legal awareness
and legal culture, and they are entrusted with the task of explaining various
forms of legal education and legal upbringing to youth.
In the process of building a civil society, the openness of legal information is
crucial, and in this regard the high status of neighborhood (mahalla) institutions
must be recognized. Therefore, implementing large-scale measures to improve
the legal culture of youth in residential neighborhoods will undoubtedly yield
effective results. Broad public awareness campaigns in neighborhoods regarding
newly adopted legislation will greatly contribute to raising the level of legal
literacy among young people.
It is evident that the development of the legal and moral education of youth
is closely interconnected with socio-economic realities. In the process of
fostering the legal and moral upbringing of young people within the system of
continuous education, several key factors exert a significant influence. These
include: the presence within the family of an environment that encourages
independent attitudes and critical analysis of the social, legal, and political
system of society; the effective organization of the activities of neighborhood
(mahalla) institutions in accordance with the social, legal, and political demands
of the present time; the ability of educational institutions to properly
understand the essence of state policy and approach the legal and political
education of the individual on a professional basis within their activities; the
role of the mass media in conveying the objectives of the legal and political
system to all strata of society without excluding any demographic group; the
lawful operation of religious confessions without illegally interfering in state
policy; and finally, the ability of every individual to feel a sense of belonging and
interest in the social, legal, and political life of society, while independently and
consistently cultivating their legal and political culture.
Naturally, the degree of legal and moral activity among young people is
never uniform. In some, it may be high; in others, relatively low. Typically, the
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level is low among those who possess limited understanding of the functioning
of legal institutions and who cannot harmonize their personal interests with
those of civil society institutions. By contrast, young people with a higher degree
of legal and moral activity display initiative and creativity. For the majority of
legally and morally active youth, however, such activity tends to take the form of
execution and implementation. Both manifestations of youth legal and moral
activity—whether creative or executory—hold practical as well as theoretical
significance.
The legal and moral activity of youth is not carried out solely on an
individual basis; rather, it takes shape through collective association founded on
shared goals and interests. Such associations may take diverse forms, and youth
activity may be expressed both individually and collectively. From this it follows
that political institutions play a crucial role in developing the legal and moral
education of young people.
The inclination toward legal and moral engagement is not equally strong
among all youth. This is because the concept of legal and moral upbringing itself
is more subjective than universal in nature. From this perspective, youth
engagement in legal and moral activity proceeds in harmony with their
psychology, physical and biological characteristics, heredity, and individual
preferences and desires. In our view, while it is important not to dismiss various
measures aimed at fostering youth engagement, greater effectiveness can be
achieved by leveraging the very qualities inherent in young people themselves.
In particular, campaigns and advocacy initiatives conducted by legally and
politically active and leadership-oriented youth are bound to prove more
effective. Therefore, there is a need to promote the “youth wings” of emerging
political parties within our political system as well as various youth clubs.
As Aristotle rightly defined:
“Man is a political being, and at the same time a
social being inclined toward community. His ability to satisfy the multifaceted
demands of normal life and to attain happiness is realized through his relationship
with others.”
Indeed, as a political being, an individual’s guarantee of achieving
specific political goals and interests lies in uniting within associations,
movements, and groups. This holds particular significance in the participation of
youth in political processes.
Conclusion
In order to harmonize the legal and moral education of youth, it is first
necessary to acquire sufficient legal and moral knowledge. Within the process of
educating and nurturing young people, particular attention is given to the
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provision of moral knowledge and upbringing alongside formal education.
Specifically, the inclusion of socio-political disciplines such as History, Society
and the Individual, Applied Geography, Jurisprudence, Fundamentals of
Spirituality, Aesthetics, Family Psychology, the Fundamental Concepts and
Principles of the National Independence Ideology, the Constitution of
Uzbekistan, and Fundamentals of Economics—regardless of specialization—
across all educational institutions, plays an essential role. Furthermore, the
regular organization of extracurricular rituals and events of both educational
and political significance contributes significantly to the development of political
knowledge and skills among youth.
References:
1.
Abzalov, E. M. The Problem of Youth and Legal Culture. Tashkent:
Tashkent State Institute of Law, Center for the Promotion of Legal Awareness,
2000.
2.
Problems of Civil Society. Monthly Review of Foreign Literature, 2018, Vol.
9(14).
3.
Spirkin, A. G. Philosophy. Moscow: Nauka, 1998, pp. 723–724.
4.
Philosophical Encyclopedic Dictionary. Tashkent: National Society of
Philosophers of Uzbekistan, 2004.
5.
Friedman, L. Introduction to American Law. Moscow: Progress, 1992.
