Moral-legal self-regulation of freedom of conscience: culturological aspect

Abstract

The purpose of the article is to analyze the possibility of combining legal and moral regulations in the implementation of the human right to freedom of conscience. The methodological basis of the study reveals the interdisciplinary of the problem. Culturological analysis of freedom of conscience is performed by using philosophical-anthropological and phenomenological approaches to identify the specifics of legal culture, the role of conscience in the moral and legal self-regulation of human. Systemic method is used for analysis freedom of conscience as a complex holistic phenomenon; historical method and comparative-legal method – for identification of the specifics of the legal regulation of freedom of conscience in historical retrospect and perspective. Scientific novelty. Freedom of conscience is revealed as a phenomenon of legal culture which involves the moral-legal self-regulation of people. As a manifestation of social self-organization the legal culture forms a tolerant communicative space, in which the actually legal regulation of freedom of conscience is supplemented by mechanism of the moral self-regulation of a person – conscience. It is substantiated that transformation of the law to a legal culture requires not only human trust in the law, but also the legal trust in a conscientious person.