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The nature and form of interaction of morality, law and morality in the regulation of human behavior.

Most people have the law and moral norms. Morality - a system of rules and principles governing the behavior of people with positions of right and wrong, just and unjust.

In the system of social norms, moral norms are the most universal regulators of public relations from the perspective of right and wrong, just and unjust, and provided measures of social influence.

Moral concepts are more progressive, more developed than the right. The right time is, as it were a lower level of development, already a past morality. But this relationship between law and morality is not something you need. Where the law is created not the old folk customs, and strong governmental authority is not bound unconditional subordination popular views, the law may, on the contrary, to start from moral concepts, far ahead of him overall level of moral development of society.

Prof. M.I. Abdullaev and S.A. Komarov argue that «the interaction of law and morality in society is a complex, multifaceted process. Actively influencing the morality, law promotes deeper rooting it at the same time it is itself influenced by the moral factor is constantly enriched by: expanding its moral basis, increased credibility, increasing its role as a social control of public relations. Thus, the impact of the morality of the process is accompanied by the reaction of the moral law».

From the history of human development we see that the religious laws were legal ones, regulators of political, governmental, civil, marriage and family and other relationships. Standards that are set by religious organizations, interfere with existing law in several respects, namely, the fundamental law of the state provides a legal basis for the activities of religious organizations, guaranteeing all worship freely. Religious groups can be given legal status.

The rules of law and customs have a number of features common to all social norms: are common, mandatory rules of human behavior, indicating what should or could be human behavior, according to certain groups.

However, the customs and rules of law are different in origin, form of expression, a method to ensure implementation.

Social norms are the general rules governing the behavior of people in society. Normativity is the most characteristic feature of social norms. Social norms are rules of behavior, that is, indicate how to proceed in a particular situation. They are the regulators of public relations and are means of social control, as a necessary condition for the life and deve­lopment of society. Effect of social norms leads to settle the public order.

Legal customs and traditions are parts of the common customs and traditions. Their sources were primitive customs and traditions that were part of the religious and moral norms. And in the next era law and sense of justice were based on actively developing in society new customs and traditions. Entire known history of law legal systems based mainly on state-sanctioned customs - customary law, or, as it is called now, a popular, indigenous, folk law. Legal customs and traditions from many repetitions produce in the minds and behavior of legal skills and legal habits. All these elements of legal culture suggest continuity of its achievements that enrich the legal system.

Customary law is the people's rights, that is, natural law, which is applied in many countries without any further instruction. The latter is nothing but a mutilated civilization contrary to the general law and legal culture. By the way, the rules of customary law have always been more effective than positive law. The most convincing example is the observance of international legal norms. Well before the adoption of The Hague, Vienna, Geneva Conventions, common law to better protect the rights of prisoners of war, wounded, obey the declaration of war, out of international agreements, the terms of the truce, and more, in the most civilized XX century is often violated in the presence of formal legal agreements signature leaders of civilized nations.

In the modern world of legal theory and practice of national revival - folk-aboriginal-customary law is an organic part of modern legal systems modernization not only in the newly independent states, but also in developed countries. This is not surprising, since under the entire above name is meant, above all, a natural right.

The legal system of its essential elements (legal awareness and legal culture) directly links with the general and spiritual culture and the legal system, with its huge body of law and the provisions of the laws very closely akin to such important and significant normative and intensely norm-containing phenomena of spiritual culture, like morality and ethics, religion, art culture, general and spiritual culture of the legal system bring together axiological orientation, values and sense of purpose, values, rights and legal values are an integral part of universal human values, and all areas of general and spiritual culture performs a regulatory function in public life, there is a regulatory role the legal system and all its elements is comparable to the regulatory features of religion, morality, art, and in many ways, it seems, much superior to them in the effectiveness and efficiency as a result of strict regulations, the formal definition, a substantial warranty of many elements.

Questions for the self-control:

1. What means the morality?

2. What the main difference between the morality and the law?

3. What the main difference between the social and technical norms?

4. Please, explain the similarities and the peculiarities of the legal norms and the customs.

Taskfor srs:

Please, discuss the main positions of the Law «On the normative legal acts of the Republic of Kazakhstan», adopted 24.03.1998.

CHAPTER 11 Concept,nαture and scope of law

1. Law as a normative regulator of public relations.

2. Content of the law. Law-scale behavior of the individual.

3. The ratio of the economy, politics and law.

1.

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Source: Ayupova Z.K.. Theory of state and law: textbook. - Almaty: Kazakh Univer­sity,2015. - 192 pages.. 2015
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