Moral Sanctions Research Articles

Bentham as a Theorist of the Rule of Law and His Idea of Universal Interest

AbstractI will focus on three chapters of Professor Gerald Postema’s book Utility, Publicity, and Law: Essays on Bentham’s Moral and Legal Philosophy (2019). In these chapters, Postema offered new and compelling interpretations of Bentham’s work, such as his notion that Bentham was a theorist of the rule of law. However, it is difficult to assume that the majority would exercise moral sanctions and control legislators when the interests of the minority are violated by some legislation. Relating to this, I will argue that Bentham was a precursor to the modern theorists who tried to design some architecture for democracy.

Моральные санкции в этике О.Г. Дробницкого

The paper reconstructs O.G. Drobnitskii’s view on moral sanctions and fits it into the history of studying this phenomenon in ethics, sociology and anthropology. The description of moral sanction proposed by O.G. Drobnitskii generally coincides with the tradition of its un­derstanding that links it with public condemnation of a transgressor. In his first analysis of the problem, in The Short Dictionary of Ethics, he defines moral sanction as a spiritual im­pact on a transgressor that does not affect her real position and material interest. Here moral sanction consists in censure. In his monograph The Concept of Morality: Historical-Critical Essay, he further develops this idea and proposes the conception of the be-polar character of moral sanction: the first pole is external (the public condemnation itself), and the second pole is internal (the acceptance of the condemnation by a transgressor and her feelings of shame, repentance, and remorse). This is what makes morality different from custom which rests upon the sheer ‘emotional-volitional pressure’. So the ‘ideal character’ of moral sanc­tion reveals itself not only in the absence of physical coercion but in the proper ‘subjective attitude [of a transgressor] to herself’. The second tradition of understanding of moral sanc­tions includes among them the very self-condemnation of a transgressor and her negative emotions of self-appraisal. Drobnitskii got closer to this tradition in a few fragments of his dissertational thesis.

MORAL DISENGAGEMENT AS A MARKER OF READINESS TO CORRUPT BEHAVIOR

The general mechanism and components of the alienation of moral responsibility appear as a phenomenon that is constructed in the experience of a corrupt person and protects his self-esteem by not applying internal moral sanctions to himself in the conditions of opposing his own behavior to generally accepted moral norms. The purpose of the work is to determine the specificity of moral disengagement of police officers as a marker of readiness for corrupt behavior at various stages of professional activity. The empirical base of the study was made up of police officers who were divided into two groups: the first group included persons with 5 to 10 years of professional experience, the other group consisted of cadets – policemen in their first or second year of service. The study of variants of manifestations of moral disengagement among police officers showed that according to the scales “Displacement of responsibility” and “Dehumanization” the indicators in the first group probably exceed the indicators according to the specified scales obtained in the second group, which reflects a greater tendency of representatives of the first group to find an explanation for their behavior in social pressure exerted by persons in authority or more authoritative, which allows the subject to minimize his own initiative in committing unethical acts; a more pronounced orientation of the respondents of this group to the perception of the objects of their unethical behavior as those who have lost positive human qualities, in order to bring them out of the subjective dimension of humanity. The second group differs from the first by probably higher indicators on the “Attribution of Guilt” scale, which is evidence of a more significant tendency when the subject commits unethical acts to point to a “provocative” situation in which, due to circumstances beyond his control, he will be forced to behave in a certain way in response to the object’s “provocation” of unethical behavior. Moral disengagement acts as an important psychological construct, the application of which to the description and explanation of such a sociolegal phenomenon as corruption is productive and useful in predicting corrupt behavior.

Pricing the bridewealth: On moral embedding in the mechanism of rural betrothal gifts negotiation—case analysis based on L County, Gansu Province

Bridewealth is both a monetary as well as a cultural component of Chinese marriage. Existing research employs two major frames to examine this phenomenon: marriage market theory and gift flow theory. However, neither of them ably facilitates the study of bridewealth as a social process, namely, the negotiations that take place between senior family members representing the engaged parties to decide the appropriate monetary value of the bridewealth. This article focuses on how the negotiations are initiated and progress until both families settle on a “decent” bridewealth amount. The ultimate ethical code in relation to marriage-making lies not so much in the mutual understanding of the two families as in their strategies to follow the moral sanctions of the dahang while negotiating a price that deviates from it. The necessity of adhering to the dahang and the strategic efforts to morally legitimize a price that fluctuates from it are central to theorizing the normative embeddedness of bridewealth in the moral fabric of the community.

Hukuman Terhadap Koruptor dalam Perspektif Hukum Islam

The purpose of this study was to know the punishment for corruptors in the perspective of Islamic law. The type of research was qualitative research based on library research. The results showed that the forms of violation of the law of corruption in Indonesia in the perspective of Islamic law can be in the form of ghulul (treason), al-ghasy (fraud), and risywah (bribery), al-hirabah (exploitation), and al-ghasab (use of the rights of others without permission). The elements of criminal acts of corruption in the perspective of Islamic Criminal Law are the existence of texts that prohibit it, then having committed acts that have violated the texts, for example committing khiyanah/ghulul, al-ghasy (fraud), risywah (bribery), al-hirabah (deprivation), al-ghasab (use of other people's rights without permission), and finally the perpetrators are people who can be charged with law. The punishment for corruptors in the context of Islamic Criminal Law can be in the form of takzir, moral sanctions, social sanctions and sanctions of the afterlife.

WAWASAN PEMBERANTASAN KORUPSI DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM

Almost every day, issues and news about corruption become part of several headlines in newspapers, or become a theme raised in television media in this country. This fact indicates that, today Indonesia is still unable to escape from a culture of corruption that is getting stronger and running systemically. Although it is not proclaimed as an Islamic state, Indonesia is listed as a country with a Muslim majority. Even so, the quantity of diversity is not directly proportional to the moral quality and practice of religion which explicitly states, both in the Koran and al-Sunnah, that it prohibits actions that harm others, let alone the State. Because Indonesia is dominated by a Muslim majority, whether it is recognized or not, the perpetrators of corruption in this country are mostly Muslims. This article will discuss the discourse on the eradication of corruption as stipulated in Law Number 20 of 2001 and in Islamic law. By using literature research methods and descriptive analysis of the sources of positive law and Islamic law, this article produces several findings, namely; 1) efforts to eradicate corruption as regulated in Law Number 20 of 2001 are carried out with physical punishments such as fines and a maximum sentence of life which does not provide a deterrent effect to the perpetrators; 2) Islam emphasizes that the eradication of corruption is carried out by means of theological-morality, namely awareness of corruptors and the provision of moral sanctions, such as being displayed to the public so as to provide an educational effect for others. From these findings, this article agrees with Mahfud MD's idea that punishment for corruptors should be carried out in the aspects of physical and moral punishment.

Legal Protection on Notary Related with Deeds which Made in Process of Police Investigation

The notary office law and the notary code of ethics require that notaries in carrying out their duties as public officials, in addition to being subject to the position of a notary, they must comply with the professional code and must be responsible to the people they serve . Notaries who neglect all dignity of their positions apart from being subject to moral sanctions, being reprimanded or dismissed from their organization can also be fired from their positions as notaries. In fact, not all notaries act fairly, are impartial, and protect the interests of the parties. This study wants to see how the different roles of Indonesian police investigators in handling criminal acts committed by notaries after the Constitutional Court Decision No. in legal protection for notaries related to the deed he makes, then see how the model of legal protection for notaries who commit criminal acts related to the deed he made after the Constitutional Court Decision No 49 / PUU-X / 2012 and Ministerial Regulation and Human Rights Number 7 of 2016. Research it uses a socio legal approaches. Socio legal research examines the implementation or implementation of positive legal provisions in fact at any particular legal event that occurs in society in order to achieve predetermined goals.

Fenomena Pesta Pernikahan Adat Dayak di Tengah Keragaman Beragama

Legal marriages according to Islamic law are not necessarily legal according to Dayak customary law. The bride and groom must hold a traditional Dayak wedding ceremony in which there are things that are contrary to Islamic law, such as cutting pigs, wine and begendang party. This study is a qualitative research with symbolic interpretative approach using observation, interviews and documentation in the data collection. Primary data were directly obtained from interviews with religious leaders, Dayak traditional demons and Dayak indigenous people. There are three variants of the views of the Muslim Dayak community on the traditional Dayak Sungai Melayu Rayak wedding ceremony procession, namely: theological normative, sociological normative and sociological empirical. There are two categories and philosophical reasons for the preservation of the traditional wedding ceremony procession by the Dayak religious Leaders and Demong Dayak Adat Melayu Sungai Rayak, namely internal and external. Internal reasons include: the sacredness of marriage, the commitment of marriage, the practice of plurality in the family and the procession of the traditional wedding ceremony that is a culture that needs to be preserved and maintained because it can create inter-religious harmony. While external reasons include: avoiding the moral sanction that is not recognized, social sanctions are excluded, namely economic sanctions imposed fines and the last is controlling.

Fungsi Hukum Nota Kesepahaman Sebagai Perikatan Perjanjian Menurut Kitab Undang-Undang Hukum Perdata (KUH Perdata)

The position of the Memorandum of Understanding on Indonesian Civil Law, as a written form of understanding between the parties, is not a law based agreement. In consequences, no sanctions applied for those parties whose denying (the agreement(s), but on moral sanction. However, a Memorandum of Understanding that does not have a compelling legal force can have it sanctions for any parties involved. The strength to binding (parties) of the Memorandum of Understanding according to agreement law in Indonesia is found on Indonesian Civil Code, equate a Memorandum of Understanding with an “agreement”. Article 1338 of Indonesian Civil Code states that every agreement made, legally binding as a law for the parties who made such agreement (Pacta Sunt Servanda), but if the legal elements of the agreement in Article 1320 Indonesia Civil Law are not fulfilled, then the Memorandum of Understanding is anulled and void by law, and has no legal force.
 Keywords: Memorandum of Understanding, agreement, sanction, Code of Civil Law

Prevention in the age of personal responsibility: epigenetic risk-predictive screening for female cancers as a case study

Epigenetic markers could potentially be used for risk assessment in risk-stratified population-based cancer screening programmes. Whereas current screening programmes generally aim to detect existing cancer, epigenetic markers could be used...

Young Women's Reproductive Health (Ethnographic Study Oon Young Women's Knowledge and Behavior Related to Reproductive Health In Bantan Village Slums Medan Tembung)

This study discusses how the knowledge and behavior of young women in slums are related to reproductive health. The purpose of this study is to describe the knowledge and behavior of young women in slums. Whether the influence of slum environments with adolescent social behavior, how parents play in providing reproductive health education to their daughters, and how the rules exist in society limit young women's sexual behavior. The research method used in i research is a qualitative approach. The data collection techniques used are interviews and observations to the public. The result of the study is that reproductive health is understood as a matter of how to maintain the cleanliness of reproductive organs to avoid disease. The scope of the conversation also concerns sexual intercourse conducted by men and women. Parents usually provide knowledge of this only in the form of straightforward advice. Meanwhile, the local community also imposes moral sanctions in the form of censure, innuendo for deviant young women.

Akibat Hukum Malpraktik yang Dilakukan oleh Tenaga Medis

Malpractice refers to an act of negligence or an act with the correct standard operating procedures but causes harm to consumers, in this case the patients and this can threaten the health and safety of the patient. Malpractice committed by medical personnel is certainly very detrimental to those who need medical treatment and greatly affects the hospital’s integrity which is certainly the center for all medical actions. Based on this, this study examines what the legal regulatory for medical personnel who commit malpractice and how to sanction his speech are. To uncover the issues a normative research method is used by applying the legislative approach that examines the applicable laws and regulations and a conceptual approach to reviewing library materials in the form of theories and opinions of legal experts. The legal regulatory for malpractice actions by medical personnel are regulated in several laws and regulations providing basic guidelines regarding malpractice actions committed by medical personnel. The regulations are found in the medical and health laws which provide legal certainty for the injured. This is a characteristic of the law itself in upholding justice. Malpractice acts committed by health workers have been regulated in the legislation No. 23 of 1992 concerning Health and the Medical Code of Conduct in force. In addition there are sanctions for the actions of medical personnel commiting malpractice, including criminal sanctions, civil sanctions, administrative sanctions and moral sanctions.

Sanksi Adat terhadap Perkawinan Exogami di Desa Pakraman Tenganan Pengringsingan, Kecamatan Manggis, Kabupaten Karangasem, Provinsi Bali

<p><em>Indigenous Village Community of Tenganan Pegrisingan, Tenganan Village, Manggis District, Karangasem Regency, Bali Province is classified as a Balinese-Aga community which is still thick with customary prohibitions on exogami marriage. Violations of the marriage ban are subject to customary sanctions. Customary sanctions are not only imposed on the bride and groom, but also the bride’s parents in the village.</em><em></em></p><em>Sanctions in exogamous marriages in Pakraman Village, Tenganan Pegringsingan are subject to reason, namely preservation of traditions, kinship system, and maintaining health. The form of customary sanctions in exogamy marriage is in the form of fines and moral sanctions, while the implication is to show inconsistency in marriage, and lose all of their rights as village manners in </em>Pakraman Tenganan Pegringsingan Village.

The Cost of Panai' as the Marriage Requirement for the Migrant Bugis Tribe under Adat Law

This research aims to examine the legal phenomena of the application of the panai money, the cost imposed for the migrant Bugis customary law community in Sukabumi Village, Mayangan District, Probolinggo City, East Java. In other words, Panai' money is such customary money which must be handed over in Bugis tribal marriages. The data analysis method used is descriptive qualitative. Data collection techniques using literature study, observation, interviews, and documentation. The results of this study indicate that the submission of panai money has become a tradition that originated from an ancestor that is still valid today. Due to the high panai money, however, many of the Bugis people who wander no longer use panai money, as it takes into account the weakness of their customary values, as well as the many other cultures that influence, but there are still people who still defend it because of their strong customary values ​​which they still hold even though in the migrant area. Because panai money ’is a tradition that has long been a benchmark for Bugis people, this tradition still strongly considers moral sanctions, and the avoidance of this money is responded by some people to decide to elope.
 Keywords: Migrant Bugis Tribe, Marriage Law, Adat Law.

Admissibility of Electronic Evidence under the Indian Evidence Act, 1872

Information Technology or computerization is playing a vital role in various fields like business, communication, services, government sector etc. Also it has left its impression on judicial system & existing laws in India. The IT Act made several reforms in regulations such as the Indian Penal Code of 1860, the Indian Proof Act of 1872, the Reserve Bank of India Act of 1934 etc. The word proof can be described as evidence that helps to explain or refute a truth. The information technology Act 2000 is intended to understand the moral sanctity and structure of electronic records, which may include witness testimonies, notes, etc. Some changes are required to accept the electronic records as facts in the Evidence Act. In the light of section 65-A of the Indian Evidence Act, 1872, Indian courts provide electronic records. Section 65 B of the Indian Evidence Act 1872 specifies the framework for the filing of electronic records as evidence. According to Section 65-B of the Indian Evidence Act, 1871, the report shall be considered any data found in the electronic records of the written, discharged or replicated machine system, and may be permitted to provide evidence in any process which continues without the confirmation of the initial. It is era of speedy and faster communication, the use of internet and information technology is common among people. Nevertheless, the admissibility of the Act is subject to different provisions laid down in section 65-B of that act. So, with this paper I will be determining the extent of implementation of amended laws of Information Technology Act, 2000 with reference to Evidence Act, 1872.

Interactional Moral Systems: A Model of Social Mechanisms for the Moral Regulation of Exchange Processes in Agent Societies

In this paper, we first introduce the concepts of moral agent and moral system of agent society and, in particular, the central concept of moral agent sensible to moral sanction. Next, we introduce the concepts of moral gain and moral loss in social exchanges and of reputation-based persistence of exchange processes. Following, we elaborate the notion of negotiated moral regulation of reputation-based persistent exchange processes. Finally, we combine those concepts in the notion of a reputation-based mechanism for the negotiation-driven moral regulation of exchange processes of agents that are sensible to moral sanctions.

Wpływ prokościelnych grup interesu na ustawodawstwo. Casus regulacji antyaborcyjnych w Sejmie VIII kadencji

<p>Zasadniczym celem artykułu jest omówienie wpływu prokościelnych grup interesu na proces stanowienia ustawodawstwa antyaborcyjnego w Polsce. Tekst odnosi się do inicjatyw podjętych w Sejmie VIII kadencji. Zanalizowano: rolę Kościoła katolickiego w systemie politycznym Polski; metody jego oddziaływania na ów system; pojęcie prokościelnych grup interesu; ich typologię; projekty ustaw dotyczących aborcji w Sejmie VIII kadencji; metody, jakimi grupy pro-life wyrażały swoje postulaty w trakcie prób stanowienia ustawodawstwa antyaborcyjnego. Grupy te są instrumentem wpływu Kościoła na system polityczny. W celu wprowadzenia ustawodawstwa antyaborcyjnego grupy obrońców życia odwołują się do różnych metod: lobbingu, zabiegów perswazyjnych i sankcji moralnych.</p>

The Right of Privacy and Freedom of the Press: The Concept of Legal Justice in Indonesia

This study aims to describe the problems faced by the party who feels aggrieved or impaired by his personal rights due to media coverage. The dilemma arises because based on the legal system of the press, the media are given protection from lawsuits. This is to guarantee the position of freedom of the press in a democratic system. However, the impact that has been caused due to defamation cannot be resolved simply by using the right of reply. This study aims to explore how legal mechanisms provide justice for victims due to media behavior in line with the principle of press freedom in Indonesia. The results show that the Indonesian Press Law does not have a clear system of legal liability. The rule of conduct in the Press Law is absolutely not regulated. Thus, the right of reply that is contained in the media consciousness or "order" of the Press Council is not a binding and final decision because the Press Council's body only gives an opinion. Violation of the ethics of the press should not only have a moral sanction but also a legal sanction with all its consequences.

Bentham on Preventive Police: The Calendar of Delinquency in Evaluation of Policy and the Police Gazette in Manipulation of Opinion

In 1798–1799, Bentham lent his services to Patrick Colquhoun in drafting Bills to regularize the new Thames Police Office and establish a Central Board of Police. While recognizing Colquhoun as the “author of the system,” Bentham brought his own utilitarian philosophy to bear on the task, and his arguments shed light on the twin role of licensing in both providing the finance necessary for an expansion of police and in generating a flow of information for use in deterring, detecting, and apprehending criminals. The Police Gazette and the Calendar of Delinquency were to be official publications of the proposed Board of Police, which combined the promulgation of information (thus increasing public knowledge through the understanding) with the effort to mould public opinion (thus influencing the will). Dissemination of facts provided grist to the existing moral sanction’s mill and facilitated cooperation between the people and the agents of penal law. In reaction to anxiety about contagion from revolutionary France, Bentham also explicitly seeks to guide and direct public opinion, thus connecting his police writings directly with the esoteric elements of indirect legislation.

EVOLUTION OF THE COERCIVE STRATEGY AIMED AT WORKERS OF THE SIBERIAN DEFENSE INDUSTRY IN THE LATE 1930S – EARLY 1940S

The study features the origins and development of the coercive component of the system of social and labor relations in the defense industry of the pre-war Siberia. Its goal is to identify the prerequisites and causes, the general trends and specifics of this strengthening, the essence of which was in the qualitative transformation of the personnel incentive strategy "The lower the discipline – the higher the punishment". The methodological basis of the research is the author's version of the concept defined by American historians and sociologists Ch. and K. Tilly about the three universal factors of labor motivation (reward, motivation, and coercion). According to their theory, such a strategy acted as a coercive mechanism that was enacted with the help of material, moral, disciplinary (ordinary), and criminal (extraordinary) sanctions. The methodology shows the evolution of the scope of punishment in the Siberian military industry in the period from December 28, 1938 to June 21, 1941. At the first stage (December 28, 1938 – June 25, 1940), the Soviet state made an unsuccessful attempt to adapt the ordinary practices of compulsory strategy to the policy of militarization of the economy, which resulted in an increase in the proportion of dismissed truants in the general turnover of workers. At the second stage (June 26, 1940 – June 21, 1941), the government relied on a combination of ordinary and extraordinary practices, which made it possible to reduce such disciplinary offenses as truancy and unauthorized leave. However, in Siberia this effect was less tangible due to the fact that the regional defense industry was at the stage of initial deployment, which was carried out mainly by the working youth, who had not yet acquired the norms of industrial labor culture.