Moral Harm Research Articles

Monitoring and assessment of fire consequences in the Republic of Buryatia

The article aims to study statistical data on the consequences of fires in the Republic of Buryatia from 2009 to 2020 using the methods of social and mathematical statistics. The study is relevant due to the current situation with fires and integral fire risk indicators in the municipalities. Man-made fires have been a source of increased danger to health and lives of the population, causing great material damage. Fires are a direct threat to the demographic situation in the region since they cause premature mortality. For households, fires undermine social status, destroy social units, cause moral harm aggravating stress, which provokes illnesses. From the technical point of view, man-made fires create risks for dilapidated houses and facilities that do not meet the fire safety requirements. The Republic of Buryatia is a region with a weak degree of industrial development and a vast territory with a low distribution of settlements, i.e. considerable remoteness from the regional centers. The impact of fires (which make up 99% of all types of emergency situation) on the social well-being of the population is studied. Based on the methodology and calculations of fire risks by the number of fires, injured and killed, material damage and destroyed buildings, it was established that the level of protection of residents of Buryatia from fire risks is insufficient. The indicators should encourage the government to develop and implement effective safety measures.

Critiquing the Subject of Moral Injury

ABSTRACT Moral injury embodies the claim that war is so transgressive for soldiers that it can create situations that may undermine one’s trust in oneself, others, and the world. Central to leading conceptualizations of moral injury is the assumption that soldiers are perhaps uniquely prone to such moral harm in combat. Other individuals who help form the context of such an injury, and who may also suffer, are overshadowed by the singular light cast on the veteran. This article argues that the nature of one’s moral injury, as well as the ethical landscape of the battlefield, will be misunderstood if definitions of moral injury continue to elide the relationships in which such injury arises. Focusing on one soldier’s reflection, the article critiques such definitions and proposes understanding moral injury as a harm that arises between persons in a wartime’s moral ecology, viewing it as a form of intersubjectivity. It also explores the political and ethical dimensions of such a reformulation.

Компенсация морального вреда: актуальные проблемы теории и практики

The article deals with the actual problems of compensation for moral damage arising in theory and judicial practice. In particular, the concept of "moral harm" is considered from the point of view of the expediency of its use to denote physical and moral suffering," the property status of the victim is considered as a criterion for determining the amount of compensation. Judicial practice is also analyzed, the question is raised about the need to supplement the list of cases when citizens have the right to count on compensation for moral damage in violation of their property rights. It is suggested that it is necessary to create a special "Moral Damage Compensation Fund".

Epistemic Arrogance, Moral Harm, and Dementia

When it comes to supporting the well-being of a person living with dementia, remaining sensitive to that person’s interests can be challenging, given the impairments that typically define the condition particularly in its later stages. Epistemic arrogance, an attitude regularly adopted by people not living with dementia towards those who are, further impedes this task. In this case, epistemic arrogance amounts to the assumption that one sufficiently knows or can imagine what it is like to live with dementia to make decisions in matters concerning the care and well-being of someone with dementia, without appropriately consulting their views and preferences. Drawing on three fictional scenarios, I describe common pathways for epistemic arrogance in dementia-support contexts and the ways in which these cause moral harm, linking them to central issues in dementia studies and medical ethics, including person-centered care, the “best interests” principle and the prescriptive reach of advance directives.

К ВОПРОСУ КОМПЕНСАЦИИ МОРАЛЬНОГО ВРЕДА В РАМКАХ ГРАЖДАНСКОГО ПРОЦЕССА И УГОЛОВНОГО ПРОЦЕССА, ПРИЧИНЕННОГО В СВЯЗИ С СОВЕРШЕНИЕМ ПРЕСТУПЛЕНИЯ

Moral harm and the criteria for its determination have long been an object of scientific interest on the part of both legal scholars and practicing lawyers. The cross-sectoral nature of the problem of compensation for moral damage caused in connection with a committed crime leads to the need to clarify the issue of the procedure for considering cases of this category (in civil or criminal proceedings), as well as determining the conditions for its recovery. It is indicated that the fundamental factor is to establish the degree of guilt of the offender, the degree of physical and mental suffering for a citizen who is a victim of a criminal act. Conclusions and suggestions are made on possible improvement of procedural legislation and law enforcement practice in the field of consideration of cases related to compensation for moral damage caused by a crime. It is proposed to amend the Resolution of the Plenum of the Supreme Court of the Russian Federation «Some issues of the application of legislation on compensation for moral harm» dated December 20, 1994, № 10, supplementing it with criteria for determining the amount of compensation.

Sociological dimensions of cyberbullying: essence, consequences, and coping strategies

The authors of the article based on a review of scientific sources, documents of international organizations, and legislation conducted a comparative analysis of different approaches to the definition of cyberbullying. According to the authors, cyberbullying is individual or group actions of aggression or violence against the individual, harassment using information technology, e-mail, messengers, chats, social networks, websites, mobile phones in order to humiliate, intimidate or cause moral harm. In contrast to traditional bullying, in cyberbullying the advantage of physical strength and higher social status becomes unimportant, while the uneven distribution of technological power increases, time and space constraints disappear, and the emotional threshold of social reactions reduces. Pupils and students are the first to be at risk of being victims of aggression on the Internet. Based on a review of foreign sources, strategies for minimizing and overcoming the negative consequences of cyberbullying at various levels — individual, organizational, institutional and systemic (legal and moral norms) — are considered. According to the authors, cyberbullying is a component of the broader concept of cyberviolence, which includes both proactive and reactive aggressiveness. Based on the data of the research “Prevention of violence against women in online resources during the elections in Ukraine”, it was found that the use of various forms of online violence against women in Ukraine is a common and destructive factor that has a very negative impact on their participation in political life. In this context cyberbullying is based upon historically determined socio-cultural stereotypes, as well as prejudices and myths about the social roles and opportunities of women to participate in civic and political life.

ПРЕДУПРЕЖДЕНИЕ ПРАНКА

In the article, the author considers a new deviant behavior called prank, which by its actions causes significant moral and legal harm to the individual, society and the state. Criminological methods aimed at preventing prank are disclosed and justified. The improvements of federal laws in the field of information technologies and on information protection are proposed and justified. The stated research topic is new, it has not been studied by anyone before, and therefore there is no scientific literature.

‘I Know What It's Like’: Epistemic Arrogance, Disability, and Race

AbstractUnderstanding and empathy on the part of those in privileged positions are often cited as powerful tools in the fight against oppression. Too often, however, those in positions of power assume they know what it is like to be less well off when, in actuality, they do not. This kind of assumption represents a thinking vice we dub synecdoche epistemic arrogance. In instances of synecdoche epistemic arrogance, a person who has privilege wrongly assumes, based on limited experiences, that she can know what it is like to experience a particular form of oppression. We argue two main points. First, synecdoche epistemic arrogance can lead to a variety of moral harms. Second, synecdoche epistemic arrogance is often tied to other troubling epistemic patterns, which we discuss in the context of disability and race simulations. Overall, the essay helps demonstrate how synecdoche epistemic arrogance can contribute to injustice.

Permission-based Android malware analysis by using dimension reduction with PCA and LDA

The expansion of the Android operating system increases the interest of malware developers in this field. With the develop malicious software, the material, and moral harms are given to the users in many ways such as stealing personal data and decreasing device performance. Therefore, the need for systems that detect malware with high accuracy is increasing day by day. In this study, it is aimed to detect malware with a static analysis technique based on machine learning. Because of the limited system resources of mobile devices, principal component analysis and linear discriminant analysis, which are frequently used in machine learning problems with a high number of attributes, are applied for Android malware detection. When the results are examined, it is observed that the dimension reduction techniques have a positive effect on classification performance in general.

The moral harms of domestic violence

The moral harms of domestic violence

Оценка степени вины участников несчастного случая на опасных производственных объектах нефтегазового комплекса

In the analyzed materials of industrial incidents investigations, there is an incomplete volume of the established facts of the incidence and the causes of its occurrence. Often, when establishing the causes of incidents, biased decisions are made to establish the degree of guilt of the injured person in case of his gross negligence (from 5 to 100 %). The reason for this is the lack of regulatory and methodological documents regulating the procedures for establishing the fact of gross negligence and assessing the degree of guilt of the injured person as a percentage in an industrial incident. All this leads to an increase in the court proceedings, causing moral and material harm to the injured persons. The purpose of the work is to develop a methodology for assessing the degree of guilt of the injured person (insured) in case of his gross negligence based on of the equity principle of all the persons established by the commission for the investigation of an industrial incident in violation of the occupational safety requirements. The methodology is based on the methods of expert, point estimates and methods of incident analysis. Using this methodology, based on the materials of the investigation of a serious personal injury — the fall from the height that occurred with the driver of the tanker as a result of slipping on the slippery surface without the use of personal protective equipment, the main and related reasons of the incident were identified, the degree of guilt of the injured person and other participants of the event was established as a percentage. The developed methodology is aimed at the implementation of Article 229.2 of the Labor Code of the Russian Federation, makes it possible to bring clarity and transparency into the procedure for establishing the degree of guilt of the injured person (insured). The methodology will be useful for specialists in the field of occupational and industrial safety, state labor inspectors, insurers, representatives of the trade union organizations, i.e. all those who are directly involved in the commission for the investigation of industrial incidents.

Mystical Sects on Territory of Tobolsk Province of 18<sup>th</sup> — Early 20<sup>th</sup> Centuries: Distribution and Number of Followers

The article is devoted to the study of the history of the mystical sectarianism spread on the territory of the Tobolsk province in the 18th — early 20th centuries. The main groups of mystical sects in the Tobolsk province are revealed. The features of the sects’ doctrine are characterized. The socially dangerous nature of the activities of Eunuchs, causing physical and moral harm to persons involved in the sect, is characterized on specific historical material. The authors come to the conclusion about the relativity of government statistics on the number of sectarians in the region. The nature of the interaction of sectarian communities with the state, as well as the implementation of confessional policy on the territory of the province is presented in the work. Analysis of forensic sources allows us to conclude that the use of severe punishment, including imprisonment, deprivation of all rights of the state and exile to remote areas of the country, largely contributed to the departure of Eunuchs from the practice of castrating their followers, the use of less cruel methods of achieving “bodily purity”. The dynamics of the degree of distribution and the nature of the settlement of sectarians are considered. The research was carried out on the basis of the analysis of the complex of legislative, statistical and record keeping sources of the Russian State Archive of Ancient Acts (Moscow) and the State Archive in Tobolsk.

Moral Harm Compensation as a Remedy to Housing Rights

Introduction. The increased interest in modern Russian legal science towards the problems of moral harm compensation, while having been resulted from the widespread use of this category within legislation and court practice, determines the need for its conceptual research within housing law due to its special significance for being a judicial remedy to housing rights, which is important not only for legal science in general, but also for regulatory enforcement, as well as for further improvement of housing legislation. Insufficient regulatory regulation of compensation for moral harm taking into account the specifics of housing law and the lack of a deep scientific theory has caused law enforcement difficulties in implementing this method of protecting housing rights. Theoretical Basis. Methods. The purpose of this paper is a comprehensive study of conceptual and practical challenges towards moral harm compensation as a remedy to housing rights, the study is based on the analysis of its scope and justification of universality for the protection of housing rights diverse in legal nature. The methodological basis of the paper consists of both general scientific methods (dialectical method, induction, deduction, analogy, analysis, synthesis) and special methods of scientific research – system and complex methods of scientific knowledge. System method allowed to consider the scope of moral harm compensation, it has made possible to determine the internal links of this method of housing rights protection with other elements of housing law system (other methods of remedy, contractual and non-contractual obligations, rights in rem, etc.). Complex methods allowed to make a comprehensive assessment and identify features of the application of moral harm compensation as a remedy to housing rights in different areas of housing relations, and also to determine its interdisciplinary nature. Results. The result of the study reflects the conclusion that industry characteristics of housing rights, due to the specificity of the object of housing rights, distinguish in most cases the derived nature of demands on moral harm compensation from claims for property damage caused to residential premises, and determine the suitability of the application of moral harm compensation to protect the property rights of parties within housing relations only in cases provided for in a law. Moral harm is an independent consequence of violation of housing rights of citizens, that is why it can be compensated independently, regardless of the presence of property damage or along with property damage. Discussion and Conclusion. Court practice reveals a small number of independent claims for moral harm compensation when housing rights are violated. The complex nature of subjective housing rights has revealed a close connection of some property rights of subjects of housing relations with personal non-property rights and intangible benefits, and thus creates the basis for claims for moral harm compensation. Considering the fact that the concept of “housing rights” is a collective notion combining subjective rights various by legal nature (constitutional, civil, social security rights, etc.), the object of which is a dwelling premise, then at that point the possibility to apply for their protection a moral harm compensation proves the interbranch nature of moral harm compensation as a remedy and the universality of its application for the purpose to restore violated housing rights.

Some Questions Arising in the Trial of Civil Lawsuits in the Criminal Court of First Instance

The article discusses some problems of considering a civil claim during a criminal court hearing. It is argued that settling a civil claim during criminal proceedings has a higher priority than a trial in a civil process. The author justifies the position according to which filing a lawsuit during criminal proceedings is a right and not an obligation of a person in a criminal trial. The author also believes that in filing a civil claim in a criminal process, the civil plaintiff should present proof of the incurred costs with the purpose of further recovery of the material damage; besides, the person who will pay the damage or compensate for the moral harm should be established. Based on the analysis of court practice, it is proven that the settlement of a civil claim during a special procedure of a criminal court trial is possible, however, the accused should agree not only with the accusation, but also with the size of the damage (harm). The cases in which the courts can eliminate violations of criminal procedure legislation during preliminary investigations are examined.

The Impact of the COVID-19 Pandemic on ICU Healthcare Professionals: A Mixed Methods Study.

The large numbers of patients admitted to intensive care units due to COVID-19 has had a major impact on healthcare professionals. The incidence of mental health disorders among these professionals has increased considerably and their professional quality of life has suffered during the pandemic. This study aims to explore the impact of the provision of COVID-19 patient care on ICU healthcare professionals. A mixed methods study with an exploratory concurrent design was conducted between June and November 2020 in the Balearic Islands, Spain. Data were collected using a self-report online survey (n = 122) based on three validated questionnaires, and individual semi-structured in-depth online interviews (n = 11). Respondents scored 2.5 out of 5 on the moral distress scale, moderate/high on the compassion satisfaction scale, and moderate on the burnout and compassion fatigue subscales. Age was significantly and negatively related to professional quality of life but was positively related to workload and unavailability of protective equipment. Three main groups of themes relating to the impact of the pandemic emerged from the in-depth interviews: (a) clinical, (b) professional, and (c) personal and family impacts in the two waves. ICU healthcare professionals should be viewed as second victims of the COVID-19 pandemic as they have suffered significant psychological, professional, and moral harm.

NEW DIRECTIONS IN THEORIZING MORAL INJURY AND JUST WAR

AbstractThis collection of essays examines the relationship between moral injury and just war theory. The included essays attempt to broaden the ethical subject of moral injury, while also seeking greater conceptual clarity about the nature of moral harm that occurs in the contexts of both warfare and the afterwar.

TOXIC POLITICAL DISCOURSE IN THE UNITED STATES AND UKRAINE: COGNITIVE AND DISCOURSIVE CONTRASTS

This paper represents a comparative study of cognitive and discursive contrasts in toxic political discourses in the United States and Ukraine. Toxicity is the perception of the behavior of a political figure that causes moral harm or discriminates against the addressee; it is characterized by radical trends in politicians’ and influencers’ worldviews to the right or left being the result of assigning the attribute "toxic" to representatives of opposing socio-political groups. Politicians’ utterances are toxic if they are aimed at destroying the beliefs and preferences of the opponent with harmful consequences for his/her personality or image. The study is based on videos of speeches delivered by American (Donald Trump, Sarah Palin, Rush Limbaugh, Glenn Beck, and Ann Coulter) and Ukrainian (Iryna Herashchenko, Oleh Liashko, Iryna Farion, Illia Kyva, and Oleksii Honcharenko) politicians labeled as "toxic" in the media. The paper is aimed at identifying common and distinctive means of verbal and nonverbal expression of toxicity in the speeches of American and Ukrainian politicians. The verbal markers of toxicity include the politicians’ explicit use of ideological, national, gender-related and other utterances that demean another person and discriminate against him/her. The nonverbal markers of toxicity encompass the manner of speaking (aggressive, loud, fast, screaming, hysterical, ostentatious, exaggerated) and his/her kinesics (tense movements and posture, clenched fists, impulsive gestures and head movements, exaggerated body movements and facial expressions, eyes, grimacing). The contrasting feature of the toxic speech behavior of American politicians is discriminating racist and sexist statements, which are conceptually related to the #BlackLivesMatter and #MeToo movements and explicate ideological and gender-related toxic thematic zones. Toxic themes in Ukrainian politics ignore gender-related issues, but focus on the conflicting ideological national-patriotic block of concepts (“Ukraine above all”, “Ukraine is not Russia”, “colonial status”, “language issue”). The commonality of the political discourses of the United States and Ukraine is the aggressive-emotional type of toxic politicians, whose speech is characterized by confrontational tactics of accusations and insults of the opponent, as well as active involvement of impulsive gestures and head movements, exaggerated facial expressions and aggressive speech to kinesically enhance verbal toxicity.

Physician moral injury in the context of moral, ethical and legal codes

After 40 years of attributing high rates of physician career dissatisfaction, attrition, alcoholism, divorce and suicide to ‘burnout’, there is growing recognition that these outcomes may instead be caused by...

Bullying and cyberbullying: features and ways of preventing

The article is devoted to the topics of bullying and cyberbullying. The results of the questionnaire have been analyzed to further prevent and improve ways of preventing these phenomena. The article gives examples of special diagnostic techniques. Socio-psychological description of the environment in an educational institution can be made using these techniques. The purpose of the article is to highlight the problem of bullying and cyberbullying. According to the results of a questionnaire among pupils and students the article presents the methods which may improve the internal environment in educational institution. It`s proposed to criminalize the use of violence against participants of the educational process. Such acts consist of mental, physical, economic, sexual abuse, including the use of electronic means of communication which committed against a minor or by such a person against other participants of the educational process. These acts of violence lead to the consequences in accordance with Articles 121, 122 of the Criminal Code of Ukraine. One of the ways to solve this problem is to develop a plan of action which may prevent acts of bullying and cyberbullying in educational institutions. The authors concluded that bullying and cyberbullying have been spreading widely and have a negative influence on the future of the individual. Due to the growing use of the Internet, online bullying is becoming more and more widespread. While cyberbullying mainly causes moral harm, bullying is usually about physical intimidation and beatings. The article states that parents and teachers should be an example of tolerant behavior, organize various events to bring pupils and teachers closer together. It is necessary to work with a psychologist, involve children in different sections and urge them to do creative work. In this way, respect and benevolence will be promoted. Parents and others, in turn, must pay attention to all forms of violence and bullying against children. Keywords: bullying, cyberbullying, violence, aggressive behavior, Internet network.

In re Arbitration Between the Italian Republic and the Republic of India Concerning the “Enrica Lexie” Incident

On May 21, 2020, a Tribunal established under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) rendered an Award regarding the 2012 Enrica Lexie incident, which involved the death of two Indian fishermen at the hands of Italian Marines. The Award is lengthy and wide-ranging, finding that: (1) Italy and India had concurrent jurisdiction over the incident; (2) the Tribunal had incidental jurisdiction to determine the immunity of the Italian Marines; (3) the Marines enjoyed immunity as state officials; but nevertheless that (4) India was entitled to compensation for the loss of life, physical harm, damage to property, and moral harm. The Award has been received more positively by Italy than India, but neither party has indicated that they intend to do anything other than comply with it.