ПРАВО И НРАВСТВЕННОСТЬ В ПАРАДИГМЕ СОВРЕМЕННОЙ ЦИВИЛИСТИКИ
LAW AND MORALITY IN THE PARADIGM OF THE MODERN CIVIL LAW

Summary/Abstract: The problem of relations between law and morality is an essential and integral part of the theoretical foundation of modern civil law. The aim of the paper is to examine the relation between law and morality from the paradigmatic point of view. To achieve this goal, the following objectives are set: to define the category of “paradigm”, “legal paradigm”, and “paradigm of civil law”; to consider the relation between law and morality from the standpoint of civil law paradigm in different periods. The conclusion is made that the paradigm is a research position of the scientific community in relation to the surrounding world. The legal paradigm seeks to express a certain perception of the world and reflects the generated way of understanding justice and effective regulatory effects on social relations. The paradigm of civil law is a particular way to the scientific vision of civil rights, which enables common civil law in the context of culture. The paradigm of civil law has changed due to the dramatic changes in the socio-political and economic life of society. Thus, in the paradigm of civil law of the Soviet period, which rejected the division of the right to private and public and asserted the absence of private property, there was a strict demarcation line between law and morality. Currently, shifting of the efforts towards identification of the underlying relations between law and morality due to the changes in the civil law paradigm associated with the declaration of private law principles and their implementation in the public consciousness takes place.

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