Moral Law Research Articles

Communication in Dignity Since Early Antiquity: From Ptahhotep to Current Ethics and International Law

Roots of current conceptions of dignity are identified in Egypt, before the ancient Greek, Roman, Jewish, and Christian sources usually treated as the earliest notions. They refer to dignity in interactionist terms as freedom of speech and in gender as well as socio-economic class relations. They also treat as duties, virtues, and ideals the opposites of humiliation, defamation, censorship, deception, incitement, hate speech, injustice, greed, lack of connectivity, and invasion of privacy. Transcultural continuity is then demonstrated mainly before or outside of Western culture, which has so far been investigated the most for providing origins of moral and legal dignity.

LEGAL EDUCATION: CHALLENGES OF THE NEW TIME AND WAYS OF RESPONSE

Legal education often faces practical problems and fails to properly protect the rights of students,teachers and the state. The purpose of the article is to find the most effective ways to develop legal educationin Russia, an attempt is made to generalize the practice of universities on the discipline of students and theformation of their personality. The methodological basis of the article was a combination of dialectical andsystemic research methods, as well as a teleological approach, according to which the student's personalityrequires formation. The author's position is argued regarding the appropriate location of the studentin the hierarchical system of educational relations, provided that the forms of behavior that ensure therecognition of knowledge by the elders and the transmission of the moral law are preserved. The articlemakes suggestions for further study of this problem and improvement of certain provisions of the legislation,allowing to eliminate the gaps in legal regulation. The author comes to the conclusion that the state shouldworry about state educational institutions, professional educational standards, logistics, and on the otherhand, students should meet and support the state initiative on their part.

Obscuring Reason

Abstract This paper argues that Kant and Fichte develop a conception of “obscuring reason.” This conception allows us to explain our reasons for immoral actions although we are not able to cognize the original ground of evil. The paper analyzes Kant's conception of rationalizing (Vernünfteln) as obscuring reason. By rationalizing, we imputably misuse our faculty of reason in order to construct a viewpoint from which we are no longer bound to the absolute demand of the moral law. Fichte draws on Kant and distinguishes three kinds of operations to obscure the moral law, namely (i) abstraction, (ii) delaying, and (iii) downgrading.

On the Use of the Concept of "Globalism" in the Interpretation of Legal Acts

The article analyzes the concept of "globalism" from the perspective of its use in law-making and law enforcement activities. The author pays great attention to the use of the concept of "globalism" in the interpretation of legal acts. The interpretation and theoretical characteristics of globalism as an international phenomenon are proposed. When legal systems are oriented towards globalism, law enforcement officers reduce their function to a mechanical correlation of the real legal situation with the articles of normative legal acts. Preference for the letter of the law implies that the law enforcer does not claim the principles of law and categories of morality. A lawyer should, in each case of interpretation of legal acts, discuss the boundaries of legal regulation, the supremacy of the principles of law over the norms, the grounds for the binding force of the norms of law.

«Оправдание» души как «оправдание» человека: философско-религиозный ракурс

The article (using the example of the European cultural tradition) actualizes the problem of the heuristic potential of the concept of ‘soul’, which is far from being fully used, due to the dominance of positivist ideas. The category ‘soul’ is the most adequate in its content and depth, for the study of the inner immaterial world of a person in its integrity. The concept of ‘psyche’ that displaces and replaces it is narrower, covering mainly the processes of reflecting the world for optimal adaptation to it. The dominant of this concept, on the one hand, expresses the real impoverishment of a person’s inner life, the loss of moral, metaphysical experiences and reflections by it. On the other hand, the view through the ‘prism of the psyche’ has a limited cognitive potential, not allowing to reveal the fullness of the inner world of a person, his essential depths. The category ‘soul’ is the earliest, most developed, universal, allowing to explore the structure and functioning, formation and development of the inner world of a person. It is the concept of ‘soul’ that appears, starting from ancient and early Christian thought, synonymous with the concept of ‘human life’. The evolution of the content of the ‘sole’ concept in European thought is a reflection of the real processes taking place in the inner being of a person. During the period of anthroposociogenesis, the formation of the human soul takes place, consisting in the ‘gathering’ of its main parts. In the development of spiritual life, one can distinguish the line of ascent – to the spiritual, and the line of descent – to the material, carnal. The line of ascent unfolds from the first steps of history to the bright Middle Ages. The line of descent plays an increasingly active role from the ‘dark Middle Ages’ to the present. In the New and Modern times, the process of reducing the soul into the psyche is actualized. Moral and metaphysical experiences and reflections, which constitute the essence of the soul, lose their leading role. The ‘death of God’ (as the highest moral and metaphysical law) is an expression of the ‘death’ of the soul, leading to the ‘death’ of a person. The “justification” of the soul, its “new finding” will allow a person to realize a “new finding” of himself.

Emerging Frontiers of Public Safety: Synergizing AI and Bioengineering for Crime Prevention

The convergence of artificial intelligence (AI) and biological engineering technology (BET) can potentially revolutionize public safety efforts. However, the responsible use of these technologies requires crucial considerations. This study employed an exploratory sequential mixed-method to examine the governance mechanisms apropos AI and BET in the context of crime prevention in the Philippines. It identifies several key components that contribute to establishing governance mechanisms, including multisectoral agencies, legislative initiatives, and regulatory frameworks. The study also identifies a 3-factor model for the governance convergence of AI and BET in public safety. These factors include empowerment and sufficiency, ethical considerations, and laws and regulations. The findings underscore the notable implications of integrating AI and BET into public safety efforts, such as improving surveillance systems, proactively preventing public health crises, and optimizing emergency response capabilities. However, ethical considerations and regulatory guidelines must be in place to address privacy concerns and mitigate potential risks associated with these technologies. The convergence of AI and BET also presents opportunities for sustainability. Nevertheless, concerns arise regarding its improper utilization. Based on the study's findings, policy recommendations are directed at ethical considerations, governance and regulation, and sustainability. These policy actions aim to address the opportunities and challenges associated with the convergence of AI and BET in public safety, ensuring responsible and beneficial use within the framework of Public Safety 4.0.

Kant über das Satanisch-Böse

Abstract According to Kant, men cannot do evil for the sake of evil. A satanic act of resistance against the moral law is impossible, and therefore the idea of ultimate evil is called a “mere idea”. However, it isn’t impossible to realize the idea of satanic evil, as is widely thought: the idea of ultimate evil can be fully realized by the everyday evil of men, as if they were ultimately evil. Kant exposes this structure within his Doctrine of Right (1797) as an extension of his philosophy of radical evil, presented in Religion within the Boundaries of Mere Reason (1793). This interpretation will be developed in a close reading of the crucial passage – where it is the revolutionizing people of France who are held responsible for having realized the idea of satanic evil.

Медицинская этика как прикладная теория развития

A new approach to medical ethics when it is interpreted as an applied theory of development has been investigated in this article. Relying on the ideas of German classical philosophy and Russian philosophy of unitotality, the development is defined based on the idea of any system as a set of basic polarities (thesis and antithesis). Their composition expresses deep polar definitions of the system and its polar portrait. A simulation model of this methodology is suggested using vector spaces with a scalar product. The development measure is introduced using the basis, the development law is defined, polar portraits of health and diseases are determined, the highest moral law is formulated as the law of development in the ethical sphere. To display medical ethics as an applied theory of development, three standards of classical medical ethics such as standards of mercy, ‘no harm’ and medical secrecy are analyzed, their polar interpretation is performed taking into account the suggested models. It is also displayed that all these standards express specific cases of the development law. Hypothesis of medical ethics as an applied section of development theory is supported, and a new research program of similar reinterpretation of other standards of medical ethics is suggested.

“The Fact of Reason”: The Axiomatic Model in Kant’s Moral Philosophy

Abstract: In the epicenter of his attempt to justify the “objective validity” of morality and freedom in the Critique of Practical Reason , Kant introduces a so-called fact of reason, which is rendered as the fact that human beings are consciou s of the moral ought’s categorical authority. However, few parts of Kant’s thinking have bemused commentators as much as this. In this article, the author explores a set of intersecting problems related to the fact of reason: (1) the problem of its general argumentative role in Kant’s practical philosophy, (2) the problem of the fact as a brute fact . He argues that both problems can be understood and resolved only if we regard Kant’s introduction of the fact of reason as an implicit attempt to articulate intrinsic problems with reductive explanations of morality. His main claim, which has been surprisingly absent in most interpretations of Kant’s fact of reason, will be that the fact of reason functions as an undeniable yet improvable fact (similar to mathematical principles) from which other practical truths (such as the objective reality of freedom) can be derived. As Kant says unambiguously in the Jäsche-Logic : the “reality” of the moral law “is an axiom.”

Qualitative Study of the Role of Islamic Law in Shaping Muslim Identity and Business Ethics

This qualitative research explores the role of Islamic law in shaping the identity and business ethics of Muslims in West Java, Indonesia. This research investigates how Islamic principles and cultural norms interact to influence ethical decision-making and identity formation among Muslim business owners. Through semi-structured interviews and document analysis, this research uncovers themes of integration between Islamic teachings and local customs, the impact of Islamic ethics on business behavior, the relationship between adherence to Islamic principles and self-identity, and the challenges faced in aligning religious obligations with economic reality. The findings highlight the synergy between religion and culture, the ethical foundation provided by Islamic principles, and strategies used to deal with challenges. The implications of this research include both theoretical understanding and practical application, offering insights for policy makers, business people, and religious leaders in promoting ethical and culturally sensitive business practices.

Criminological portrait of a collaborator’s personality

The article is devoted to the construction of a criminological portrait of a collaborator’s personality by studying socio-demographic, moral, psychological and criminal law features. In the course of the analysis of the socio-demographic characteristics of a collaborator, it is established that criminal activity in the field of voluntary cooperation with the aggressor State is mostly characteristic of men. A high educational level of criminals was noted: persons with higher and professional higher education account for 40.1% of all convicts. Most of them are able-bodied but not involved in labor activity (46.7%) or pensioners (13.8%). In the context of moral and psychological characteristics, collaborators are characterized by anti-national ideological and political preferences, rejection of the legitimate Ukrainian government and approval of the aggressor country’s policies. The analysis of criminal law features revealed that collaborators are characterized by the individual nature of their unlawful behavior (96%). The vast majority of convicted persons have not been previously prosecuted or are considered to have no criminal record (94%). An analysis of the previous convictions of persons convicted of collaboration shows that they mostly committed crimes of mercenary and mercenary-violent nature. In the context of the effectiveness of punishment for collaboration, the author focuses on the short comings of the design of sanctions and the practice of their imposition. The data obtained made it possible to form a criminological portrait of the collaborator’s personality – mainly a male person, aged 29 to 54 years, with a sufficiently high degree of education; ablebodied, but not involved in labor activity or retired; shares anti-national ideological and political preferences, rejection of the legitimate Ukrainian government and approval of the aggressor country’s policy; is not convicted and realizes the individual nature of illegal behavior. Key words: collaboration activity, personality of the off ender, criminological portrait, socio-demographic characteristics, moral and psychological characteristics, criminal and legal characteristics.

보조생식술 접근에의 사회적 제한은 비윤리적인가?

Ethics Committee of the American Society for Reproductive Medicine (ASRM) publisched opinions on ‘Access to fertility treatment by gays, lesbians, and unmarried persons’ four times between 2006 and 2021. This paper aims to review these opinions critically. ASRM finally views the restriction of access to assisted reproductive technology not only for unmarried women, which is a major subject of discussion in Korean society, but also for unmarried men, gays and lesbians, as ‘unethical’. After summarizing the Ethics Committee’s opinions (Chapter II), the validity of the ASRM’s opinions was examined, focusing on Committee’s three main arguments. First of all, ASRM argues that reproductive interests should be protected as a human right called ‘reproductive rights’ regardless of marital status or sexual orientation. This paper examined the theoretical and legal limitations of the concept of ‘reproductive rights’ (Chapter III). Second, ASRM argues that parents' marital status or sexual orientation has no negative effect on children. This paper pointed out the problem of ASRM's approach to frame this issue as a confrontation between ‘normal family ideology’ and ‘science’, and then, the scientific problems, that is, the limitation of data and the problem of hasty generalization(Chapter IV). Third, ASRM argues that the ‘conscientious objection’ of doctors for reason of marital status or sexual orientation is an act that promotes discrimination and oppression, and is a right that violates the current law (Anti-Discrimination Act) and medical ethics, so the enforcement of that right should be limited. This article pointed out the legal and logical limitations of these arguments(Chapter V). Through such a critical review, this paper came to the conclusion that it is difficult to apply ASRM's opinions on the issue to Korean society due to their logical, scientific, and legal limitations. Ultimately, this paper was intended to contribute to publicize that ASRM opinions have a fundamental limitation, that is, the limitation as a ‘utilitarian approach to ethical problems’, in addition to its logical problems.

A PERSON`S DIGNITY IN SECULAR AND ORTHODOX CONCEPTS

The article analyzes the dignity of a person in secular and Orthodox aspects. The authors argue that every phenomenon of the material and spiritual world is objectively inherent in internal contradictions, so it is not an exception and an idea of human dignity in secular and religious contexts. The research methods are comprehensive and based on the philosophical, anthropological and philosophical and cultural analysis of human dignity in secular and Orthodox dimensions. Discussion. The concepts of «secular» (universal) and «Christian» morality are characterized and distinguished. The authors argue that the latter comes from a supernatural source, from a moral law, the basis of which is the belief in the immortality of the human spirit. Christian morality provides such norms of behavior of people in which the biblical moral commandments are observed.The roots of the universal morality are in a culture that has produced a humanistic outlook, within which a person is recognized as self -sufficient value, capable of asserting his dignity, transforming himself and the world without the intervention of a transcendental super -sensory nature (God). The universal morality is the principles and norms that regulate the behavior of people, the activities of their communities, associations in terms of universally recognized ideas about good and evil, honesty and disobedience, honesty and dishonesty. Finally, the article suggests that, despite the differences, and sometimes contradictions in the understanding of the essential manifestations of human dignity between secular and Christian contexts, quite obvious to both aspects is the understanding that the leading place should be occupied by the personality that manifests itself manifestation and individual aspiration, in the depths of its own consciousness and in its desire for free self -determination and creativity, as a prerequisite for the affirmation of one’s dignity.

Judge as Law Enforcement Viewed From Professional Ethics and Islamic Law

Judge as Law Enforcement Viewed From Professional Ethics and Islamic Law

The juridification of social accounting and the transposition process of the non-financial reporting directive 2014/95/EU

PurposeThis paper aims to critically analyse the transposition implications of Union Directive 2014/95. This Directive identified the need to raise the transparency of the social and environmental information provided by the undertakings to a similarly high level across all Member States.Design/methodology/approachThe paper considers how the European Member States of the European Union (EU) have transposed Directive 2014/95 into their regulations. The focus is on the juridification of social accounting in the pursuit of creating an overlapping consensus through Habermas’s concept of internal colonisation. The paper uses qualitative content analysis to scrutinise the national laws that transpose Directive 2014/95, discussing both what has been accomplished and what can be achieved by the release of future legislative provisions.FindingsDespite the aim of Directive 2014/95 to create a common language for disclosing non-financial information, this study shows an implementation gap among and between Member States and an inconsistent picture of the employment of this Directive. Its implementation in the 28 European countries was considered a process of colonisation in implementing Union directives among European undertakings. However, the implementation process, which exemplifies Habermas’s juridification, has failed due to the lack of balance between moral discourse and actions.Originality/valueThis paper contributes to the ongoing debates concerning the implementation of mandatory disclosure of environmental and social information in the EU Member States, promoting new directions for the EU’s democratic laws on social accounting. In addition, it offers an example of how internal colonisation only catalyses effects when moral laws are legitimised through the provision of procedures.

ETIKA PROFESI HAKIM

Discourses about professional ethics of judges started out from the reality of law enforcement officials (especially judges) that ignore the values of morality. Although judges have already had the professional code of ethics as moral standards it has not yet brought positive impact on negative image in public view. One way to enforce the rule of law is to urge ethics, professionalism, and discipline. Professional ethics of judges contain moral values underlying professional personality, namely freedom, fairness and honesty. Professional ethics of judges and law are a unity that is inherently contained ethical values of Islam which is the foundation of understanding the Qur’an, so basically the code of professional conduct of judges is in line with the values of the Islamic ethical system. Ethics Islamic law is built on four basic values, namely the values of truth, justice, free will and responsibility

SPINOZA, LIBERALISM AND ‘THE CLASS OF 1632’

Spinoza, Pufendorf and Locke all championed freedom of thought (including freedom of religion) and of speech; all three thinkers deserve credit for having forged the fundamental principles of the liberal tradition. Spinoza, in particular, was the first writer in modern times to articulate a systematic defence of democracy. He believed that the state should promote the welfare of its citizens, while maximising their freedom. Although he equated right with power, he also advocated respect for the moral law, stressing the importance of being good to other people. Keywords: Spinoza, Pufendorf, Locke, freedom of religion, freedom of thought, liberalism

Feeling and Moral Motivation in Kant: A Response to the Frierson-Grenberg Debate

In this paper, I aim to resolve the Frierson-Grenberg debate on the nature of Kant’s account of moral motivation that took place in the third issue of Con-textos Kantianos. In their respective interpretations, Frierson and Grenberg fail to accommodate the a priori status of moral feeling when incorporating it into Kant’s moral motivational structure. In response, I provide a novel transcendental interpretation – one that takes the a priori moral feeling both as an incentive of morality and as that which conditions the possibility of morality in human agents. I argue that Kant developed the notion of moral feeling solely in order to resolve the problem of motivational skepticism concerning the moral law. Since this problem occurs as a part of Kant’s search for the supreme principle of morality, the notion of moral feeling becomes a part of both Kant’s moral motivational structure and his argument to justify the moral law.

Paradoks slobode – Što je sloboda i gdje ju tražiti?

The subtitle of the essay “The paradox of freedom”, means to say: “What is freedom, and where to search for it?” That subtitle actually speaks about the content of the essay. The title, however, speaks about freedom – being looked at from a deeper, philosophical sense - revealing itself as paradoxical. Freedom is conceived of as agency in accordance with freedom of will, and that means that the field of freedom can only be that domain which man may find at the very limits of natural determinism. The only domain in which things depend on it is the domain of morality. Only in that domain, the human, is the one who establishes the chain of cause and effect, the human is the cause of moral good and moral evil. As a subject, he is not the cause according to natural determinism, but according to freedom of will. Man’s freedom is a freedom that chooses to be a cause for good or a cause for evil. The paradoxicality of that freedom lays in the fact that it governs the human, and that the human must comply to it. The best example is Socrates, who, complying to freedom in the sphere of morality, decided to go against his own life. Exactly because of this, Thomas Aquinas calls freedom dominium supra se ipsum, i.e., submission (dominium supra) of the self (se ipsum) - because of something. That something to which we must submit ourselves, is always an ideal: Socrates taught that in order for man to be the bearer of virtue, he must primarily recognize virtue for what it is, in its highest – ideal – aspect. Man’s freedom, therefore, finds its foundation in the moral law so much so that man may choose to comply to that law, or to not comply to it. Since moral law, like every other legislative means is a type of coercion, in action we always have the inseparable couple of freedom and necessity. Key words: Freedom, natural determinism, necessity, man as a willing cause, good and evil, submission, coercion, ideal.

Argument-based Ethics and Mandatory Reporting Laws for Trafficked Persons.

Human trafficking, which includes sex and labor trafficking, is a pressing issue that needs to be more adequately addressed. Health care professionals have a unique opportunity to assist people who are experiencing human trafficking. However, no consensus exists concerning the involvement of law enforcement through mandatory reporting of trafficked adults. This column uses argument-based ethics to analyze existing literature on ethical justification for mandatory reporting laws. It also recommends areas of growth for health care professionals and ethicists concerned about the use of mandatory reporting for human trafficking.