Public Morality Research Articles

Praktik Kewargaan dalam Arena Institusi Informal Era Demokratisasi

Most studies on citizenship have only focus on the practice of citizenship in the context of formal state institutions. On the other hand, there are relatively few studies discussing citizenship practices in informal institutions. Therefore, this study examines the practice of citizenship in Islamic boarding schools/pesantren in the form of bonds as jamaah. This article intends to map the operation of pesantren as a binder of social ties between its citizens, as well as the pattern of relations between kiai and santri. This research shows that pesantren acts as lebenschraum habitus which installs the perceptions and expressions of its citizens. Pesantren is also a locus of power that has a significant influence on political and civic practices. As a locus of power, there is symbolic capital which is represented and reproduced continuously so that the symbolic capital produces economic, social, and cultural capital. The surplus of capital owned by the lora enables them to transform from the habitus of pesantren, to the habitus of political society and the state through the mechanism of electoral democracy. Even though the pesantren with all their supporting elements have a clientelistic relationship pattern, there is a public morality that can be transformed to strengthen the democratization agenda in the future.

A Moral Stretch? US–Tariff Measures and the Public Morals Exception in WTO Law

AbstractThe ‘public morals’ exception remains a key aspect of the international trade system; however, its outer bounds have never been precisely defined. This question became pertinent in the US–Tariff Measures panel report, which expansively read the exception to justify a wide range of economic interests, including prohibitions on economic espionage, anti-competitive behaviour, and the regulation of government takings. This note challenges the panel's interpretation, arguing that it is flawed and essentially amounts to a factual standard of review. It proposes an alternative approach to public morals review, which involves an objective standard of review of facts and law, while providing adequate deference to Members’ own factual determinations. It further engages with the issue of extraterritoriality, defending an approach based on Members’ legislative jurisdiction as this strikes a balance between Members’ right to regulate trade for moral purposes and the interests of the international community.

The case of an operetta being banned in Hungary in 1928, viewed in the mirror of contemporary press sources

Abstract In May 1928, the Andrássy Street Theatre in Budapest planned to re-stage a one-act operetta play titled The First Kiss is Mine. Its libretto was written by Jenő Heltai, and the music was composed by Albert Szirmai. The new performance started out as a resounding success. But, referring to current laws on public morality, Ministry of Interior department in charge of controlling public and cultural programmes banned the play without delay, on 18 May, and Minister of the Interior, Béla Scitovszky ordered an investigation into the matter. People referred to the event as a scandal, and the press spoke of it as an absurdity, as the theatre enterprise was endangered by the resulting loss in income. After the ban, the actors were only allowed to perform the play for a commission sent from the Ministry of Interior, and finally, on 22 May, Scitovszky permitted the program after all, with some minor changes. In my study, I reconstruct and present the events of these few days with the help of contemporary journalistic sources (reports, interviews, etc.) – Budapesti Hírlap, Esti Kurir, Magyar Hírlap, Magyarország, Pesti Hírlap, Pesti Napló, Újság, 8 Órai Újság –, the circumstances of the prohibition, the protest and opinion of the playwrights, the position of the commission, the performance for the commission, and the background of the permission for the new performance.

량치차오의 근대화 번역 기획 — 정치소설 『가인기우(佳人奇遇)』와 모험소설 『십오소호걸(十五小豪傑)』 번역 실천(1898～1903)을 중심으로 —

This article explores the translation motivation of Liang Qichao(1873-1929) in the process of modernizing China. Liang was a highly famed enlightenment thinker, politician and translator who had tried to introduce modern civilization in the late Qing dynasty. He translated the Japanese political novel 『Encounter with the Beauties(佳人之奇遇)』 and the French adventure novel 『Two years’ Vacation(Deux ans de vacances)』 in early several years of his exile life in Japan(1898-1903). Liang’s translation was designed to enlighten Chinese people so as to serve the political and social reform. He thought that as a nation-state, China had to establish a independent country with the equality of nation’s sovereignty, and as a nation, the Chinese people needed to have the public morale. Liang included the progressive spirit and the Self- governing spirit among the public morals. He intended to inspire the thought of independent nation-state and the progressive spirit and Self-governing spirit into the hearts of Chinese people by translating the two novels. The main idea of his introductory and explanatory notes in his translation is strikingly similar to that his other famous articles. This case study indicates that translation was regarded as a social tool to modernize China and enlighten the people at the time.

Public Awareness Towards Value Added Tax (VAT) System in Hetauda Sub-metropolitan City Area

Value added tax (VAT) is indirect sources of revenue collection of nation. It has been the most essential choice like our developing countries, Nepal. Which leads to revenue enhancement and sustainable economic development. As VAT was an emerging concept in Nepal, a comprehensive taxpayer education program was launched to impart knowledge regarding the various aspects of VAT to parliamentarians, industrialists, businessmen, consumers as well related society. The study used descriptive and survey research design. Data were collected through questionnaires. Statistical tools were used to make a proper analysis. It is found that 20% businessmen and 33.33% consumers are not aware that the Government of Nepal is levying VAT on all kind of products, 36% consumers are not aware of the fact that you pay VAT whenever you purchase any product, 88 % of the total respondents knowledge on earning from VAT is a major source of revenue for Government, only 44 % response of respondents are in favor of billing system, 33.33% consumer are not aware about existing rate of VAT in Nepal, 44% consumers specify the other problem in the present VAT implementation except VAT collection ,VAT refund and registration. Most of them ask for tax invoice to get the authenticity of sellers. VAT must be successful and this largely depends upon the public awareness, honesty, faith and morality of tax officials and the business community. There is a need for willpower and action. It is also found that public awareness program and tax education play prime role to increase the VAT revenue in Nepal. The finding of this study is majority of Tax expert and businessmen are aware about VAT system but the training and awareness program is essential.

Global libertarianism: how much public morality does international human rights law allow?

AbstractInternational human rights specialists and libertarian philosophers have rarely pursued meaningful exchanges, but this paper probes some of their common ground. In recent years, leading international monitoring bodies have developed a principle described here as the ‘Libertarian Principle of Human Rights’ (LPHR). It runs as follows:Governments cannot legitimately recite public morals as a sufficient justification to limit individual human rights. That principle might seem obvious in many societies today, but throughout history, including the history of liberalism, any notion that certain individual interests must trump religious or customary beliefs has stood as the rare exception. The seemingly Western and secular suggestion of a libertarian principle inherent within human rights may seem at odds with the view that human rights ought to reflect diverse cultural traditions; however, LPHR underscores an anti-authoritarianism, which, it is argued, must form part of any serious conception of human rights. LPHR can be substantiated even for highly controversial rights, such as LGBTQ+ rights, suggesting that it appliesa fortiorito more settled rights.

Riding to Learn, Learning to Ride: Early School-busing in Connecticut, 1900–1945

Riding to Learn, Learning to Ride: Early School-busing in Connecticut, 1900–1945

SUBJECTIVE SEXUAL WELL-BEING: CONCEPTUALIZATION OF THE CONCEPT AND PSYCHOLOGICAL MODEL

The importance of interpersonal and sexual relations and realized sexuality in the concepts of subjective well-being is considered quite often, but the understanding of sexual well-being is presented rather vaguely, mainly in the context of medical issues as the absence of sexual dysfunction, as a component of sexual health, is equated with the satisfaction of sexual life. This article uses theoretical research methods - analysis, generalization, synthesis, conceptualization and modelling. Based on theories and approaches to subjective well-being, is highlights the concept of sexual well-being and presents a psychological model of subjective sexual well-being. We define sexual well-being as the harmonious realization by the subject of his sexuality on the bodily-physical, soul-emotional and spiritual-mental levels; a person's harmonious experience of belonging to the sex and an adaptive way of realizing this belonging. In a broad sense, subjective sexual well-being can be seen as a multifactorial construct that reflects the complex interrelationships of cultural (for example, continuum of norms accepted in culture), social (permissibility of certain thoughts and actions), psychological (cognitive, emotional and behavioral; for example, attractiveness, desirability, satisfaction, self-esteem), physical (physical attractiveness, sexual constitution) and spiritual factors (transcendence, axiological interpretation). Sexual well-being can be considered on at least two levels - non-deficient, from the standpoint of the absence of disorders and problems; and at the level of eudemonic, meaningful, existentially filled. According to the levels of sexual development, sexual well-being can be assessed at the bodily-physical level, soul-emotional and mental-spiritual level. Sexual well-being can be represented in the trinity of cognitive, emotional and conative (motivational, behavioral) components. The cognitive component includes: self-awareness as a representative of the sex, acceptance of one's own self-sexual, acceptance of one's own gender, orientation and attraction, one's own body, corporeality, acceptance of a partner, partnership, trust and openness, communication. The emotional component includes a positive assessment of oneself as a sexual subject, satisfaction with a partner, partnership, intimacy, satisfaction with sexual life. The conative component includes: libido, sexual interest, openness of experience, adaptive sexual scenarios, sexual security (absence of violence, coercion, blackmail, discrimination), freedom of expression, equal partnership. Factors of sexual well-being are individual (permissiveness, sexual interest, realized sexuality), dyadic (relationships as value, sexual communication, intimacy, trust, openness) and evaluation factors (satisfaction with one's own self-sexual, satisfaction with sexual relations, partnership, satisfaction with sexual life in general). We can talk about the levels of determinations of sexual well-being: 1) ) determinants of the personal level or microsystem (socio-demographic characteristics, sexual dysfunctions, personality traits, sexual self-disclosure, attitudes toward sexuality and subjective well-being); 2) determinants of the interpersonal level or mesosystem (characteristics of the relationship itself, sexual communication, intimacy, equality, openness, trust, romantic love, partnership), 3) determinants of exosystems (traditions, family values, social support, pregnancy, parenthood, victimization and victimization) in childhood); 4) determinants of macrosystems (religiosity and political ideology, public morals and values, freedom of expression). Further study of sexual well-being requires empirical verification of theoretical assumptions, clarification of empirical criteria of sexual well-being with the help of our developed psychological tools for psychodiagnostic measurement of this indicator.

Radykalny emocjonalizm jako stanowisko metametaetyczne

This paper attempts to develop a theoretical perspective which combines ethics and metaethics jointly with their links to the rational plots of the living moral reality. The author claims that the nature of morality is strictly emotional and criticizes false attempts to rationalize moral sphere, in many cases resulting from the ideas and arguments produced by the academic ethics or metaethics and subsequently infiltrating the social life. Imposed by the very theoretical nature of philosophy, intellectualism of the theoretical developments in ethics has a wrongful effect for public morals, falsifying the emotional nature of morality and providing individuals with false and rhapsodic, pseudo-theoretical topoi of contention, justifying and assessment. The article may be read as fundamentally undermining ethics as a historically influential moral as well as theoretical enterprise (with exclusion of the emotionalist tradition).

Is Interference with a Corpse for Procreative Purposes a Criminal Offence?

AbstractAn increasing number of court orders from grieving women seek the retrieval of sperm from their deceased husbands, fiancés or boyfriends for the purposes of procreation. The legality of the retrieval of gametes from a dead body is unclear in the United Kingdom, and other jurisdictions have similarly confusing jurisprudence on the matter. The Human Fertilisation and Embryology Act 1990 requires the informed consent of both gamete providers before fertility treatment can commence, rendering the act of electro‐ejaculation upon a dead body a pointless (and potentially sexual) violation. This article takes a unique look at the legality of posthumous gamete retrieval and its contradiction to our shared respect for the dead. It suggests that when carried out upon a dead body without a lawful excuse, electro‐ejaculation may offend public morality and could constitute a criminal offence of ‘sexual penetration of a corpse’ under section 70 of the Sexual Offences Act 2003.

Imported Products, Pesticides, and the Environment: The Compatibility of ‘Mirror Measures’ with WTO Rules

With the current focus being on major environmental changes, environmental measures impacting trade are expected to proliferate. Taking stock on case-law and scholarship work, this article takes the example of possible ‘mirror measures’ whereby the EU current prohibition to treat foodstuff with pesticides banned due to their adverse impacts on the environment would extend to imported products, suggesting that such measures could respect WTO law. It relies on the debate over production methods and extraterritoriality and argues that distinctions based on production methods according to their environmental impact may be admissible under the General Agreement on Tariffs and Trade (GATT). Mirror Measures, WTO, GATT, Pesticides, Environment, Sustainable Development, Green Deal, Production Methods, Imported Products, Likeness, Article XX Exceptions, Extraterritoriality, Chapeau, Dispute Settlement Body, Public Morals, PPM

A Canadian Border Carbon Adjustment? GATT Compliance and Underexplored Exceptions

Canada is one of thirty-one countries covered by a national carbon pricing mechanism. Complementary border carbon adjustment (BCA) on imports is the next step for preventing carbon leakage from these thirty-one jurisdictions. Existing commentary assessing the legitimacy of a BCA under the General Agreement on Tariffs and Trade (GATT) focuses on the European Union (EU) and the United States (US) and favours the more conventionally used exceptions for protecting environment and conserving natural resources through Articles XX(b) and (g). This article contributes to the literature by flagging that Article XX(b) may not be the most promising route for Canada and provides a fresh characterization of Article XX(g). This article further breaks with convention and takes the road less trod by considering the strength of Articles XX(a) public morals, (d) compliance with laws and regulations, (f) national treasures, and XXI security exceptions. It is challenging to fit modern solutions to complex problems into the GATT, but the WTO needs to demonstrate its responsiveness to change in order to maintain relevancy and legitimacy. Afterall, there can be no trade on a dead planet. Border carbon adjustment, WTO, Article XX GATT, Article XXI GATT, Canada, climate change, climate action, carbon pricing

Interpretation of WTO's Panel Report on United States — Tariff Measures on Certain Goods from China and Its Enlightenment to China

The United States imposed a high tariff on importing goods from China which valued USD 34 billion and USD 200 billion respectively in 2018 and 2019. This measurement not only violated the most favored nation treatment principle, but also violated the tariff concession commitment which the US offered to China. With respect to the United States’ defence under Article XX(a) of the GATT 1994, the Panel adopted a holistic approach to determining whether the measures at issue were “necessary to protect public morals” and found that there were no relationship. The ruling has the following enlightenments: the enterprises should value the proof in WTO litigation and make use of the rules and procedures governing the settlement of disputes. Finally, the enterprises should pay more emphasis on the market of One Belt One Road to expand more trade benefits and enjoy the double win.

Public health morality, sex, and COVID-19: sexual minority men’s HIV pre-exposure prophylaxis (PrEP) decision-making during Ontario’s first COVID-19 lockdown

ABSTRACT Experts have warned that COVID-19 control measures may amplify health inequities among gay, bisexual, queer, and other men who have sex with men (GBM). For HIV-negative GBM, concerns have been raised as to how COVID-19 will disrupt access to HIV pre-exposure prophylaxis (PrEP). Our study offers empirical findings on these issues, drawing on in-depth interviews conducted with 25 HIV-negative GBM living in Ontario, Canada during the first wave of the COVID-19 pandemic. Our thematic analysis draws from the sociology of risk to elucidate how a public health morality – a contested ethical framework determining how to be a ‘responsible’ sexual citizen during the COVID-19 pandemic – informs GBM’s sexual and PrEP decision-making. This public health morality was shaped by several factors, including: self-concern versus risks posed to others; anxiety, economic precarity, and becoming COVID-19 weary; shaming public health non-compliance; and comparisons with HIV and shaming (queer) sex. The participants significantly altered their sexual practices, with some stopping, restarting, and others stockpiling their PrEP. While some men’s sexual practices ran counter to public health messaging to avoid ‘non-essential’ contact with those outside of their households, their risk reduction strategies, including avoiding new sexual partnerships and evaluating people’s ‘common-sense’, mirrored the negotiated safety strategies earlier developed to mitigate HIV risk. Public health advice must account for the nuanced ways in which GBM are mitigating COVID-19 risks and are responding to a complex public health morality, in order to avoid stigmatization and potentially increasing COVID-19 transmission by neglecting practical risk reduction measures.

The influence of morality on the personal life of an individual

The article analyzes the norms of the Constitution of Ukraine, civil, family and labor law in respect of their compliance with the moral foundations of society. Based on the analyzed materials, the author offers certain ap-proaches to improve Ukrainian legislation and principles of morality impacts on the personal life of an individual. The article deals with the violation of public morality in the Internet. The views of scientists the moral norms and their impact on the personal life of an individual have been analyzed. It is proved that law and morality have the functional purpose in common, they form the behavior standards, value and normative orientation of society. The positive novelties of the Law of Ukraine “On Protection of Public Morality” have been analyzed, as well as the gaps in it. It has been found out that morality is an important factor in the development of society and, as a form of social consciousness, has much in common with legal consciousness. Both morality and law are a set of relatively well-established norms, rules of human behavior, which are based on the notion of what is due and just. These norms are general and, at least formally, applicable to all citizens of society.It is studied that law and morality are based on the common socio-economic interests, culture of society,people’s commitment to the ideals of freedom and justice. They have a single spiritual nature, a single value core - justice. It is found out how the relationship between morality, religion and law in the context of familyrelations, their interaction, dynamics and development, how the interaction of morality and law can prevent domestic violence.

No Trademark Protection for Artworks in the Public Domain – A Practical Guide to the Application of Public Order and Morality as Grounds for Refusal

Abstract With its 2017 landmark decision in Vigeland, the Court of Justice of the European Free Trade Association States (EFTA Court) has paved the way for the invocation of public order and morality as grounds for refusal when trademark protection is sought for cultural expressions in the public domain. Dealing with an attempt to register artworks of the famous Norwegian sculptor Gustav Vigeland as trademarks, the EFTA Court took this step to safeguard the public domain status of literary and artistic works after the expiry of copyright, shield cultural creations against ‘commercial greed’ and ensure the freedom of the arts.1 Trademark examiners and judges seeking to follow in the footsteps of the EFTA Court, however, may find it difficult to operationalize the Vigeland criteria and put corresponding arguments for refusal into practice. Against this background, the following analysis provides guidelines for the practical application of public order and morality arguments in cultural heritage cases. It describes problems arising from the grant of trademark rights in cultural public domain material (Section I) and the traditional reluctance of trademark offices and courts to rely on public order and morality considerations in this context (Section II). After this statement of the problem, the criteria following from the Vigeland decision will be introduced (Section III) before we explore the practical implementation of the EFTA Court’s morality (Section IV) and public order (Section V) arguments in more detail. The final Section VI summarizes the results of the analysis.

To the question of the peculiarities of the protection of family rights of persons who are married or other family unions in the practice of the european court of human rights

In the scientific article the author conducted a scientific study of the protection of family rights of persons who are married or other family unions in the case law of the European Court of Human Rights, in particular such family unions as de facto marriage, separation, civil partnership, we come to the following conclusions.
 This legal status is recognized by the European Court of Human Rights as conferring the right to protection against interference with family life, ie it is a family, similar to how a family arises as a result of a registered marriage. In this case, according to the court, the concept of "family" includes the actual family relationship, when the parties live together outside of marriage. A child born as a result of such a relationship is a member of the family from birth and due to the fact of birth. There is a connection between a child and his or her parents that is equivalent to family life, even if at the time of his or her birth the parents no longer lived together or their relationship has ended. Cohabitation is usually a prerequisite for family life, but in exceptional cases, other factors may indicate that specific relationships are stable enough to be considered as actual family ties.
 Another type of family union - marriage during the period of separate residence of the spouses, in the case law of the European Court of Human Rights is somewhat weak and usually concerns the possibility to use the procedure of separation, but the court recognizes that the spouses have an inalienable right to initiating such a procedure.
 Until 2010, the European Court of Human Rights generally showed a rather restrained attitude towards this type of relationship as same-sex, not recognizing them as family, but after 2010, given the rapid liberalization of the prevailing public morality regarding same-sex relations in Europe, the European Court on human rights could not deny that the relationship of such couples is essentially "family life".

Public Service Motivation and Morale: Exploratory Study of Former Agents of the National Security Intelligence of Korea

ABSTRACT This article examines the relationship between public service motivation (PSM) and morale by surveying former bureaucrats from the National Security Intelligence (NIS) of Korea. Despite decades of research, there is still much room for exploring the effects of PSM and morale by extending the scope to government retirees. Our data demonstrate that the higher the level of PSM, the higher the level of morale both before and after retirement. We also find that recent political turmoil surrounding the agency influences the former agents of the agency. With the present study, we make theoretical and empirical contributions to the literature by addressing the PSM and morale of government retirees, who have been underrepresented in the literature to date, using empirical data from former agents of the NIS, which has also been rarely presented in previous research.

Does social capital contribute to prevention and control of the COVID-19 pandemic? Empirical evidence from China

By exploiting anonymized travel records of patients with COVID-19, this study examines the impact of social capital on individuals' responses to control measures during the early stage of the COVID-19 pandemic in China. The empirical results show that social capital measured by social trust, media publicity of social norms, and public recognition of social norms has a significant effect on reducing individuals’ close contact behavior in the context of the COVID-19 pandemic. The mechanism tests indicate that social capital reduces the prevalence of close contact behavior by encouraging people to comply with public morality, which refers to self-monitored quarantine in this pandemic. Further analysis reveals that social trust shows no significant effects on all types of entertainment activities, that media publicity of social norms is more conducive to preventing family entertainment activities than public recognition of social norms, and that improving public recognition of social norms plays a decisive role in preventing social entertainment activities. This study sheds substantial light on the key role that informal institutions play in epidemic prevention and control.

Progressive domain adaptation for detecting hate speech on social media with small training set and its application to COVID-19 concerned posts.

In this world of information and experience era, microblogging sites have been commonly used to express people feelings including fear, panic, hate and abuse. Monitoring and control of abuse on social media, especially during pandemics such as COVID-19, can help in keeping the public sentiment and morale positive. Developing the fear and hate detection methods based on machine learning requires labelled data. However, obtaining the labelled data in suddenly changed circumstances as a pandemic is expensive and acquiring them in a short time is impractical. Related labelled hate data from other domains or previous incidents may be available. However, the predictive accuracy of these hate detection models decreases significantly if the data distribution of the target domain, where the prediction will be applied, is different. To address this problem, we propose a novel concept of unsupervised progressive domain adaptation based on a deep-learning language model generated through multiple text datasets. We showcase the efficacy of the proposed method in hate speech and fear detection on the tweets collection during COVID-19 where the labelled information is unavailable.