Constitution and remarks on religion: the problem of the compatibility in XX-XXI centuries

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The modern (XX end XXI beginning) thinking paradigm which has taken root in the nowadays theoretical debates has in principle changed the subject of the research which was relevant in the epoch of Immanuel Kant. These days, however, researches challenge even the initial approach, which maintains the existence of universal norms of morality. These debates have already become a perpetual problem of theory of law and philosophy of morality. Some contemporary philosophers maintain that the modern society and doctrine have became so courageous that not only they are challenging the quality of belief, which was typical of the reformist and counterreformist epochs, more that that, they raise question about the meaningfulness of Christian belief, despite the fact that for ages Christian truths were undisputed source of moral norms. It is obvious that when the doctrine challenges Christian values it also challenges Christian moral values. There is nothing wrong with the challenge in itself as science must be challenging different concepts, however the variety of concepts or doubts about what was previously regarded as a norm is reflected in the existing system of values. Thus modern paradigm of philosophy is characterized by rejection of any preliminary assumptions and it challenges things that have been unchallenged for centuries. Secularization of Christian morality is followed by inevitable tendency of law becoming more and more positivist, the tendency aggressively prevailing over morality. There are two quite equal tendencies in modern Legal theory and Philosophy of morality. One of them recognizes the existence of universal moral norms, the other denies it. Representatives of the first viewpoint do not separate law from morality and argue that it is only the law, which does not contravene norms of morality, which may justify the name of the Law.
Original languageEnglish
Pages (from-to)25-32
JournalJurisprudencija: mokslo darbai
Issue number6
Publication statusPublished - 2006



  • Constitution
  • Remarks on religion

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