The Theory of an Ethical Minimum in Law: about the Peacemaker in Polycultural Society

Elena Pribytkova (University of Industry and Finance (MIFP, Moskow) [BIO]

Email: E_Pribytkova@inbox.ru

 

ABSTRACT:

The theory of an ethical minimum in law has become known due to creativity of two outstanding scientists - the philosopher and jurist from Vienna G. Jellinek and the Russian religious philosopher and publicist Vl. Solov’ev. In their works they determined law as a condition for the realization of minimal standards of right behavior that provide for existence and development of the society.

The theory of an ethical minimum in law is a particular type of axiological doctrines, which most adequately describes the interdependency of law and morality in heterogeneous social sphere. On the one hand, law and morality are equally interweaved with a substance of cultural traditions which integral part they are. On the other hand, being a product of a moral rationalization and a compromise concerning the practical rules of human behavior, rules of law always have a tendency to universalization, to perform a mission of the peacemaker in a polycultural society.

Undoubtedly, the theory of an ethical minimum in law achievements is an explanation of the secret of “common-humanity” of law: for the only reason, that law doesn’t lay claim to something greater rather than realizing only an “ethical minimum”, a function of law, as marked by R. Marcic, is important in a modern pluralistic society, where law became predominant in the role of the basic condition of existence on Earth.