| Abstract [eng] |
In the given work the theme of coexistence of two social regulators of behaviour is investigated: the law and moral. The basic attention is concentrated to the analysis of such situation. In the first part of work the various theories explaining a site of law and moral in sphere of regulation of human behaviour are resulted. The theories which are putting forward various ideas from concurrence of moral and law (E.N.Trubetskoj) before their differentiation by the indication of their distinctions (by S.S.Alexey, etc.) are researched. The critical analysis of each of considered theories is made, weak and their strong sides are specified. The basic attention in the second part of work is concentrated to research of the practical situation which have developed in territory of the Lithuanian Republic. It is possible to allocate three basic directions of this analysis. The first, influence of morals on legislative activity. The second, fastening of moral indications in concrete rules of law. And, the third, influence of morals on the sanction of legal disputes. Also in work the brief historical review of interrelation and interchangeability of concepts of the right and morals is presented. Influence of morals on processes of formation of legal systems is investigated. The third part of work is intended for the analysis of the problems arising at presence of cases of the contradiction of moral and law. In the given part of work arguments for granting of a priority in the specified situation of morals and to the right are considered. |
