Correlation of Legal Norms and Morality in the State and Legal Concept of B. A. Kistyakovsky

Abstract

Bogdan Alexandrovich Kistyakovsky is a prominent Ukrainian law philosopher and a law sociologist. A lot of problems, which were under his consideration, are actual nowadays. For example, there is the problem of correlation of legal norms and morality. He pointed out intelligentsia didn’t respect and appreciate the law. They tried to differentiate the law and the morality even oppose to each other. But the law has the moral character in essence. Under the influence of I. Kant’s philosophical concepts B. A. Kistyakovsky differentiates the material and formal values of the law. A content of the law can’t achieve perfection of the morality because it is formed in changeable, social and economic condition. As for the formal values the law is the most developed form as it disciplines a human being. So we can characterize the law in legal state. At the definite state becomes social and justified in other words it becomes socialist. In this state the role of state compulsion as a factor which justified an execution of legal norms reduces and the role of the moral influence increases to an offender. The reason is that the legal and general culture of the society will reach to a high level.