Moralizing as a Policy of Alienation of Law (to the Formulation of the Problem)

Abstract

This article interprets moralizing as the activity of the ruling and opposition elites aimed at legitimizing their power. This correlates with the modal (derivative) alienation of law, generated by its attributive (initial) alienation from its essence – the dialectical unity of the values ​​of limited freedom and symmetrical justice. These values, through practical implementation, become the values ​​of arbitrary freedom and asymmetrical justice, demonstrating the split of law into natural law, which is the legal ideal, and positive law – an aberration of this ideal due to the influence of political factors. In this context, the politicization of law signifies the subordination of legal ideals to the laws of the state, provoking its subsequent alienation in the form of moralizing – as the legitimizing mission of power. This mission is defined within the framework of moderate and radical versions, embodying, respectively, both the recognition by ruling and opposition elites of the legitimizing relationship between existing legislation and traditional morality, and the denial of this relationship through the absolutization of either the existing legal system (legism) or the "new" morality (anti-legism). The former implies recognition of the legitimacy of the existing world order, while the latter implies the legitimacy vacuum of the political strategies implemented by elites, which destroy the existing world order and necessitate a transition to another type.