The difference between law and morality. Norms of law as opposed to moral standards

Every day, using recognized moral values, we are subject to a choice of actions based on our sense of correctness of the deed. Turning to the opinion of others, we follow the path of internal convictions, but at the same time we look at the rules of law that have been adopted in our state.

But sometimes it happens that recognized rules of law contradict our inner urges and opinions. In such a situation, the idea comes that the norms of law and morality, having similarities, differ in essence.

What are the similarities between moral standards and legal

Of course, in order to consider the differences between these norms among themselves, for a start it is necessary to understand what these norms are united among themselves, where lies the line that separates and divides the norms on different sides of our sense of correctness of the act.

If you just think and consider the norms of law and morality, then between them you can easily find common features that will be in tune with our perception of the present.

Origin, object, goals and objectives

The first and most important similarity of moral and legal norms is that they, being social norms, have a common origin. Thus, law in its essence proceeds from the moral concepts of the human community. It is on the basis of generally accepted moral standards that the idea was born to consolidate relations between people at the state level.

For both norms, the uniform is the object of regulation. Both types are aimed at creating ideal relationships in society. To create such an atmosphere that every person lives comfortably.

Both norms imply the existence of an individual’s free will when choosing a model of behavior. They strive to influence this choice, aiming at achieving a balanced society full of socially useful people who are ready for positive development.

Law and morality are characterized by a general idea of ​​universal social norms, views on good and evil, equality and justice. So, for example, both those and other representations consider murder to be a wrong act.

Based on the fact that norms and rights and morals have common goals, an object and similar tasks, we can conclude that the search for differences between these two forms of social law is correct and plays an important role in determining the individual’s attitude to each of these norms .

What are the differences between legal norms and moral standards

In order to find the answer to this question, you need to delve into these concepts, find where they come from and what purpose they pursue. So, all the main differences between morality and law can be seen in the table:

Differences in form, structure and sanctions

The rules of law, in contrast to the norms of morality, always have a formal definition. The rules of law are recorded in laws, regulations, codes and other documents that are adopted and authorized by authorities. For moral standards, a different preservation is characteristic. They exist primarily in oral form and are modified together with society.

If viewed from the point of view of structure, then the rules of law, in contrast to morality, have a clear structure and always consist of hypothesis, disposition and sanction. But moral principles most often do not have a clear structure. This is due to the form of storage. The written right, due to the fact that it is adopted in accordance with certain procedures, always meets the task set at the state level. And moral notions, which exist mainly in oral form, convey the general form of accepted norms.

The origin of the rule of law is always determined by state sanction. They are aimed at state regulation of relations in society. And moral standards are accepted by society on the basis of certain views on the development of society and groups. Thus, many, it would seem, important details of social relations may be present in the public's view of morality, but not be mentioned in state acts of regulation of relations.

Differences in impact measures, methods of formation and requirements

The rules of law are divided by industry. Each of them is separate and can exist in a separate form. But moral standards are combined with each other, and most often come from one another. It is interesting that the interconnection of moral norms with each other follows a clear logic, they complement each other. And for the rule of law, there may be some inconsistency, for example, in the sanctions adopted for violation.

It is also worth noting that morality differs from law in the ways and subjects of formation. It is formed on the basis of everyday events and the practice of society. The law is characterized by the procedural approach of formation, sanctioned by the state and aimed at its goals. Most likely, it is on the basis of this difference that a sense of injustice or incorrectness arises on the part of law, since society has already passed the stage of comprehending a certain act, and law has not yet managed to comprehend and procedurally consolidate its relationship.

An interesting difference between the norms of law and morality is the characterization of the impact on each member of society. So, morality is adopted voluntarily and is aimed at the internal regulation of human activity. It begins to act only when it is firmly rooted in society, and is observed by a large number of its members. The opposite is true for law. It is adopted at a certain time, and begins to operate within a certain time frame, while the adoption of this law or order may not be accepted by the whole society.

In terms of the requirements for members of society, morality puts forward broader requirements, and seeks to regulate spiritual life, and evaluate it directly from the standpoint of good and evil, honor and dishonor. So, moral standards tend to lead not only actions, but also thoughts of the object of influence, directing it along the right path. Unlike morality, law only requires stability and predictability of behavior. Only actions that are especially dangerous for society and its development are limited and punished by law.

Methods and means of influencing society

In methods and means of influence, the law seeks through economic, organizational and enforcement measures to indicate the correct model of behavior in order to avoid punishment, which is clearly indicated for each misconduct. So, the individual clearly knows that for one or another illegal action he will be punished under the procedurally established law. For moral standards, the main thing is to ensure implementation through appeal to proper behavior. Moreover, the punishment for violation of moral standards is not clearly indicated and can be expressed in various social forms: censure, reprimand, remark.

Contradictions of moral and legal norms

Despite the fact that the norms of morality and law have a common origin and in many of their features are similar, they also have a number of contradictions, when moral principles are not only not in tune with the rules of law, but also strongly contradict them. It should be noted that these contradictions are not critical and do not separate both types of social norms clearly in different directions. They occur at certain time periods and are usually easily overcome.

Such contradictions include a situation where the interests of society do not fully coincide with the interests of the state. Then the state, as the sole legitimate creator of the rule of law, through its activity may contradict the moral principles adopted in this society. In this case, changes are necessary in one of the norms in order to balance their existence.

Contradictions can also arise in situations where the state for some reason slightly copies the rules of law from another state. In this case, with the successful application of the borrowed legal norms, the morality of this society may be modified. Or, the copied norm will change over time to the kind that will fully correspond to the moral ideas of society.

Of course, one of the contradictions in these social norms is the difference in their structures. So, the legal norms of the state are united, and they do not allow one or another action to be considered from different angles. And morality, heterogeneous in composition, can have different forms and consider the same action from different angles. Based on the difference in moral ideas in one society, people can be divided into groups that will support opposing attitudes towards events, but the law will consider this issue guided by a single principle.

Morality in itself is a rather dynamic and easily changeable form of law; it changes under the influence of the development of society and easily adapts to new conditions. And the rule of law is more conservative, may not keep pace with the development of society, which can cause quite severe contradictions.

Of course, the differences between the rules of law and morality considered in the article are only a generalized vision of this issue. If you look deeper into social norms and carry out a full-fledged, comprehensive and comprehensive analysis, you can see much more similarities and differences.