Volume 04 Issue 01-2024
42
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
42-45
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The primary purpose of law and morality is to advance the interests of individuals, social groups, or society as a whole,
and to influence people's behavior. Law and morality are the social norms associated with the problems of the free
will of the individual and the responsibility for his actions. The article describes the general and specific aspects of
morality and law.
KEYWORDS
Morality, law, generality, social norms, punishment, legal norms, moral norms.
INTRODUCTION
One of the problems of moral philosophy is the
question of the relationship between legal and moral
norms. The main goal of law and ethics is to ensure the
interests of individuals, social groups or society as a
whole and has a purposeful effect on people's
behaviour. Morality and law can be called a set of
requirements for people. In the era of increasing
attention to human rights, the relationship between
ethics and law is becoming more important.
Morality is one of the main types of social norms and
reflects the inner-spiritual attitude of a person in terms
of social-legal phenomena, good and bad, duty and
conscience. Moral norms, or moral norms, refer to the
form of moral requirements that regulate people's
behaviour
through
general
commands
and
prohibitions imposed on the same actions [1].
Another unique aspect of legal norms is that what is
possible and what is not possible is strictly, clearly and
Research Article
MORALITY - LEGAL SPECIFICITY, GENERALITY FEATURE
Submission Date:
January 07, 2024,
Accepted Date:
January 12, 2024,
Published Date:
January 17, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue01-08
Dilorom Ibrakhimova
Teacher of Tashkent State Law University, 100047 Tashkent, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 01-2024
43
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
42-45
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
clearly stated in the law and other regulatory
documents. In this regard, it should be noted that legal
norms, unlike some social norms, for example, moral
norms, are related to written speech and textual
studies. Legal norms regulating personal behaviour are
prepared in the form of specific documents that have
the force of law [2].
METHOD
Law is a universal, officially defined system of legal
norms that expresses the will of the state, is
determined and provided by the state, and aims to
regulate public relations. Morality is the views and
ideas directly perceived in the human mind through
categories such as good and bad, justice and injustice,
duty, conscience, and pride in social life.
By the specific characteristics of morality, we
understand its strict commandments and normative
and evaluation aspects. A strict command requires the
fulfilment of a certain requirement of behaviour and
moral laws. It coordinates the interests of the
individual with the interests of the society and ensures
the priority of the interests of the society, at the same
time it does not limit the freedom of the individual, only
it does not allow arbitrariness. According to him, a
person should not treat another person as a tool. A
strict command is an innate moral phenomenon, its
demand must be fulfilled unconditionally and
voluntarily; it expresses the proportionality of free will
and necessity [3].
The rules of social ethics are mainly regulated as legal
rules. It can be seen that the rules defined in the civil,
labour, tax, and criminal codes are related to morality.
The relevance of law to morality is that it is in a
concrete situation.
Morality affects the content and implementation of
the law. Law-makers consider themselves to have a
certain morality, a clear understanding of good and
evil, and a set of moral values. Their moral views are
inevitably influenced by the content of adopted
normative legal documents [4].
Morality also affects the law enforcement activities of
government agencies. Legal issues need to be resolved
based on its principles. For example, in criminal law,
"the social danger of the crime, its level and the
identity of the criminal are taken into account when
imposing a sentence."
The uniqueness of the law, its objective nature, and the
difference from other types of social norms and other
types of social regulation are officially expressed in the
principle of equality. The specificity of the sanction of
the law is determined by the objective specificity of the
right, which is a general and necessary form of equality,
freedom and justice.
The peculiarity of ethics is that it expresses the
independent point of view of individuals, their free and
conscious decision-making about what is good and
what is bad, about duty and conscience in human
behaviour, relationships and work. The principle of
morality is the principle of independent management
of individuals' attitudes to themselves and others, to
the world, and their inner and outer behaviour [5].
Fichte also interprets the difference between ethics
and law according to his philosophical system. The
right should be limited to the sphere of the perceptible
world and should not be applied to the inner Self of a
person, that is, it should not interfere with the way of
thinking and mental state of a person. After all, these
are outside the scope of legal relations related to
morality. Legal law, unlike moral law, does not require
goodwill from a person, it applies to external actions
[6].
Volume 04 Issue 01-2024
44
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
42-45
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The general and specific aspects of ethics and law are
relatively less covered in modern ethics literature.
Proponents of natural law claim that legal
consciousness is very close to moral consciousness in
terms of concepts such as fair and unfair, and legal and
illegal. The influence of positive law on moral values is
very complicated because certain norms and laws
usually conflict with moral principles [7].
N. Matuzov expresses the unity between law and
morality as follows:
•
law and morality represent types of social norms;
•
law and morality fulfil the same goals and tasks;
•
regulates and improves social life;
•
law and morality regulate social relations in the
same way;
•
they are based on the value system formed in
society;
•
legal and moral standards, originating from society
[8]
Based on the above, we can see the generality of law
and ethics in the following:
1) law and morality are universal regulators of people's
behavior, and have the ability to penetrate into various
spheres of social life;
2) law and morality is a multidimensional structure with
a complex structure consisting of the same and
interacting elements;
3) law and ethics serve a common purpose - improving
and regulating social life, regulating people's
behaviour, maintaining order, coordinating the
interests of the individual and society, ensuring and
enhancing human dignity;
4) law and morality act in a single field of social
relations;
5) law and morality are social norms related to the
problems of the free will of a person and responsibility
for his actions.
Law and morality differ from each other in important
features. Legal norms are adopted by the state with
the active participation of public organizations, non-
governmental non-profit organizations and members
of society. The state can change legal norms, make
additions to them, and in some cases, cancel them. Law
not only expresses the will of the people but also
expresses its will reflecting the priority of state
interests. In this sense, the law can only be called a
special state regulator that regulates people's
behaviour. Morality is not created by the state but by
society.
According to Nersesyanes, the misconception that law
is supposed to be spiritual and moral remains
widespread. However, if such a requirement goes
beyond the scope of the legal method considered by
us to satisfy the legitimate legal requirements of
morality or ethics, in the light of the essence, the law
should be moral, not legal, and the content of the law
should be moral, not legal. means need. Such an
understanding of law violates the essence of not only
law but also morality because the moralization of law
is inevitably accompanied by the legalization of
morality [9,10].
Ethical and legal relations are not only a scientific topic
but also an important public problem. In addition, the
particularity and generality of ethics and law as a social
problem is an important and constant scientific topic.
The social space of moral norms is wider than legal
norms. The law regulates important areas of social life.
Customs, traditions, and religious teachings also play
Volume 04 Issue 01-2024
45
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
42-45
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
an important role in the formation and development of
moral and legal norms.
Immorality and crime do not have the same meaning,
an act considered immoral is not a crime, and not all
crimes are morally corrupt. Similarly, behaviour is not
lawful and full of good qualities.
CONCLUSION
Summarizing all of the above, the following can be
noted:
•
law and morality in the system of social norms is
the universal regulator of relations spread
throughout society;
•
in terms of the rules of formal logic, concepts of
morality and law, they are interconnected as
general and private;
•
compared to the law, morality makes high
demands on a person, it serves as criteria for
evaluating the law;
•
law and morality directly affect each other.
REFERENCES
1.
Dictionary of Philosophy. T., "Uzbekistan", 1976, p.
47.
2.
B.T. Tuychiyev. "Philosophy of Law", 2010, page
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3.
Matuzov N.I., Malko A.V. Teoriya gosudarstva i
prava: ucheb. 4-e izd., ispr. i dop. M.: Izd. Dom
"Delo" RANXiGS, 2013. S. 214;
4.
Cherdantsev A.F. Brother. hair 2014 S. 327.
5.
Yakimenko P. I., Baklanov I. S. Sootnoshenie
moralnyx i pravovyx norm/ 2014.
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Nersesyanes V.S. Legal philosophy. 99-100 b. T:
"Justice", 2003.
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Abdukahharovna, N. G. (2023). Issues of Moral and
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Nosirhodjaeva,
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umumiylik
jihatlari.
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