Justice: between law and Conscience

被引:0
|
作者
Vinogradov, Andrey, I [1 ]
Pankratova, Maiia E. [2 ]
Yashin, Anatoly N. [3 ]
Rasheva, Natalya Yu [2 ]
Emelyanov, Anton, V [4 ]
Chernykh, Oksana P. [5 ]
机构
[1] Murmansk Arctic State Univ, Inst Social Sci & Humanities, 15 Egorov St, Murmansk 183038, Russia
[2] Murmansk Arctic State Univ, Inst Social Sci & Humanities, Civil & Financial Law Dept, 15 Egorov St, Murmansk 183038, Russia
[3] Murmansk Arctic State Univ, Inst Social Sci & Humanities, Dept Criminal & Adm Law, 15 Egorov St, Murmansk 183038, Russia
[4] Nosov Magnitogorsk State Tech Univ, Dept Sports Dev, 38 Lenin Ave, Magnitogorsk 455000, Chelyabinsk Reg, Russia
[5] Sci & Methodol Work, House Students Magnet,33 Leningradskaya Str, Magnitogorsk 455000, Chelyabinsk Reg, Russia
来源
CUESTIONES POLITICAS | 2021年 / 39卷 / 70期
关键词
philosophy of law; history of philosophy; law and conscience; justice and morals; conceptual binomials;
D O I
10.46398/cuestpol.3970.06
中图分类号
D0 [政治学、政治理论];
学科分类号
0302 ; 030201 ;
摘要
From the philosophical perspective article deals with the correlation between law and consciousness. To address the issue, ideas from renowned thinkers are used. It specifically describes the experience of addressing the subject in Russian philosophy from the late nineteenth to the early twentieth century. The article shows the reasons for preferring law or consciousness in different periods of history and demonstrates the rational nature of law and the irrational nature of consciousness, indicating that law and consciousness are not mutually exclusive. It concludes with an attempt to combine the two concepts in activities of people who must enforce legal norms. Using the experience of Russian philosophy, which regards the law as a moral minimum, people are advised to govern their actions not only by legal rules, but by listening to the voice of their conscience. The authors suggest understanding conscience as a spiritual and moral human law that makes it possible to make decisions without being forced or motivated from the outside, governed by the internal realization of good and evil and identifying the veracity, justice, and rectitude of an act.
引用
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页码:105 / 118
页数:14
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