Law and moral truth: a philosophical response to seven questions

Abstract

This publication is based on the lecture delivered to students of the St.-Petersburg State University on 27th of May 2015 as part of the VI St. Petersburg International Legal Forum and includes responses also to the main questions from the audience. In the lecture the author responds to questions formulated by the organisers of the VI St.-Petersburg International Legal Forum. The author holds that positive law properly is founded on the principles of practical reason, which he explains. He also talks about the rational implications of the principles of practical reason, implications that constitute moral principles. The roots and substance of the most cherished values are taken with their moral implications. The author accepts that the fundamental precepts acknowledged in every faith/society are often in fact very imperfectly respected. He talks about the differences in the precepts and values of different societies. Some of the differences (which are many) are justifiable, others are not, and it is everyone’s responsibility to identify right principles and repudiate wrong ones. The author also argues that religious faith is not strictly necessary but is most helpful in clarifying what can be known without it about justice — and most if not all of us need that help. The perception of law and morality at the level of the individual and under domestic law carries over into public international law and the conduct of states, though the domain of international law is limited.

Keywords:

the foundations of law, fundamental precepts in society, religious faith as a foundation of just law, perception of law and morality, public international law, role and rule of law, era of global change