The problem of differentiation between law and morality is due to the dynamic development of the legal sphere and the rapid development of science and technology, achievements in the field of information and computer technologies, cognitive sciences, bioengineering, medicine. In contrast to the classical understanding of law and morality within the framework of the subject-object model, modern studies of law do not bring together all forms of the existence of law, but differentiate their essences according to different ontological regions. The phenomenological approach influenced the further perspective of the study of law. The principle of intersubjectivity is introduced to study law. Therefore, the relationship between the Self and the Other is analyzed. The fact is that in modern philosophy this methodological principle of intersubjectivity is one of the key ones in identifying the distinctive features of law and morality in the ontological perspective. Ontological turn in philosophy has shifted the emphasis of research from the subject-object model, which describes being as static and unchanging, to the process of its formation, replacing the concept of Being with the concept of Event. The ambivalence of the event is revealed by the possibility of determining the meaning of the event and at the same time constantly postponing the determination of its absolute value, allowing a different meaning of the event to be formed. Temporality, as one of the characteristics of an event, influences the definition of law and morality, as well as the opportunity to rethink the difference between law and morality. The ontological difference between law and morality is due to different types of temporality.
For citation:
Pyrina M.V. The question of the ontological difference between morality and law, Ivanovo State University Bulletin, Series: Humanities, 2023, iss. 3, pp. 186—192.