Public Morality Research Articles

Socially negative behavior of minors as a socially dangerous phenomenon through the prism of artic - le 304 of the Criminal code of Ukraine

The article analyzes the socially negative behavior of minors and the influence of adult criminals on them. It is noted that theinvolvement of minors in criminal or other antisocial activities encroaches on the foundations of public morality in the sphere of deve -lopment and upbringing of the younger generation, has a detrimental effect on young people, creates distorted goals for them, instillsantisocial ideas, immoral views and skills, greatly affects crime rate among minors. The involvement of a minor in the commission ofa criminal offense should be understood not only as committing one or more criminal offenses, but also as his or her engagement in acriminal lifestyle, instilling negative views and inclinations. This process usually begins with involvement in inebriety, drug use, beggary,prostitution, and so on.It is concluded that in a difficult situation socially negative behavior of an adolescent may depend on his or her personal moraland psychological experience, profundity of his or her ethical education and the external influence of an adult. Of particular importanceis the moral status of an adolescent who finds himself in such a situation. The stability of socially positive and psychological characteristicsmay affect the degree of protection of an adolescent from the negative impact of the situation. Or, on the contrary, moral deformationof his or her personality itself pushes the adolescent to make such situations happen. That is why both psychologists and lawyers have to understand and study the moral and psychological side of a troubled adolescent. This will allow them to apply more accuratelythe special provisions of the law relating to the proceedings in such cases, as well as to identify more fully and in detail all essentialfacts of the case, including motives and causes, from the tactical point of view, correctly carry on investigative and judicial activities.Understanding psychological characteristics of young offenders allows differentiate methods of prevention and rehabilitation.Preventive psychological work is studying the nature and mechanisms of deviant and delinquent behavior, as well as the factors causingsocial pathology, and thus the development of scientific-based recommendations for psychological support, prevention, diagnosis andcorrection of behavioral disorders in adolescents.

Using Artificial Intelligence to Predict Decisions of the Turkish Constitutional Court

This article draws on an artificial intelligence (AI) technique to predict whether an individual application regarding the Turkish Constitutional Court's public morality and freedom of expression cases leding to a “violation” or a “nonviolation” decision. To this end, four different data sets have been composed, preclassification and fundamental word embeddings steps have been made on each data set. Multilayer perceptron, which is based on artificial neural networks, has been used for the prediction of the case decisions. We have predicted the court’s decisions on these cases with the high success rates (average accuracy of 90%) by using the subject or reasoning sections of texts of the cases as data. The subject section of the cases constituting only a very small part of the data has yielded the highest accuracy. The article has demonstrated that a basic AI technique can be successful in achieving accurate predictions even with relatively small data sets derived from well-structured court rulings.

De/Colonizing Hijra

De/Colonizing <i>Hijra</i>

Flexibility in International Economic Law vs. Pacta Sunt Servanda: Maintaining Legitimacy Over Time

Pacta sunt servanda is a key principle in international law, which ensures order, stability and legal security in international relations. It renders commitments in international law generally binding unless a country decides to withdraw from them. This paper argues that the protection of market access rights requires considerable flexibility in order to remain suitable for the strict application of the principle pacta sunt servanda, since market realities change quickly, therewith altering the nature of corresponding international obligations. With regard to the interpretation of the legal scope of, in particular, the general exception clauses in international economic law, otherwise inconsistent trade measures originating in a popular vote qualify in principle as ‘necessary for the protection of public morals’ (within the meaning of GATT Art. XX(a) or GATS Art. XIV(a)). Reverting to majority decisions in a popular vote on most pressing concerns regarding trade policy would, thus, provide a legal way of mending the gap between international economic law and governance of trade-related issues.

Intellectual History as History of Engagement? The French Scholarship

Few intellectual histories of France by non-French authors in recent years have produced the bitter polemic that Tony Judt's Past Imperfect: French intellectuals (1944–1956) elicited. Published in French at the same time as the English edition in 1992, the book was held to account for its questionable historiographical legitimacy, alleged inaccuracy in the treatment of sources, and not-so-hidden partisanship, even if it also received some positive reviews from authoritative specialists in the field in important national newspapers. Nevertheless, the general tone and content of the French academic reviews were largely negative, and in many ways this response was unsurprising: how could a study arguing that a certain dominant (and still alive) Jacobin philosophical tradition was characterized by a “marked absence of a concern with public ethics or political morality” be read otherwise? Further, in an often caustic style, Judt accused the postwar French intellectuals of being seduced by totalitarian tendencies. Such charge, not surprisingly, provoked a pointed defence of the intellectual and historiographical national sensibility, which was not above resorting to Continental stereotypes against the “Anglo-Saxon” cultural model. Nor was the negative reception surprising to Judt, who positioned himself explicitly in the text as an outsider, belonging to a different intellectual tradition. It is useful to remember this uproar today as one considers new books by Gisèle Sapiro and François Dosse, as it illustrates three important issues in a lively academic register: the continuity of a French approach to intellectual history, its difference from Anglo-American traditions, and a possible—although mediated—angle for understanding the nature of this French particularism, through the discussion of the historiographic projection of the idea of intellectual status.

Why Men (Don't) Buy Sex: Purity Moralization and Perceived Harm as Constraints on Prostitution Offending.

This study explores the moralization of purity and perceptions of harm as constraints on sex buying among men. Purchasing sex has long been considered an offense against public morality. While personal morality provides a powerful constraint on offending, and people may vary in the extent to which they experience moral intuitions about bodily and spiritual purity, research has so far neglected the role of purity moralization in understanding sex buying behavior. We hypothesize specifically that moral intuitions about purity constrain sex buying by leading people to perceive it as inherently wrong and by eliciting perceptions that sex buying is harmful to prostitutes. We test these hypotheses in a nationally representative survey of U.S. men (N = 2,525). Results indicate that purity moralization is associated with reduced sex buying, and that this relationship is mediated fully by perceptions of sex buying as harming prostitutes.

Eugen Simion and the Test of Aesthetic Revisions

In his volumes of Fragments, Eugen Simion resumes and blends his reflections on Romanian literature, culture and civilization. The Fragments VI tackles issues such as the aesthetics autonomy, the advantages and risks of revisions, the myths of the Romanian literature, the public and private morals of the writer, the limits of the compromise, the resistance through culture, etc. The plead for classics, the defense of great writers from the insults and the injustices of the day, the fight for the national values are part of a constant program of assuming everything that is essential and sustainable in the Romanian literature and culture. And it is a proof that the unwavering trust in the Romanian literature, doubled by the trust in the critic’s vocation to work in the name of the aesthetic truth have remained intact over time in Eugen Simion’s creation.

COMMENTARY ON JUDGMENT OF THE CONSTITUTIONAL TRIBUNAL OF 10 DECEMBER 2014, K 52/13

This gloss is critical and raises issues related to limiting the protection of animal rights to their humane treatment, caring for their welfare, by completely allowing the ritual slaughter of animals, without their prior stunning, as is the case in Judaic or Muslim religious rites. Over the course of almost 20 years, as many as five legislative changes have been made in Poland in this regard, therefore the issue of the ritual of killing animals without first depriving them of consciousness is a very important ethical and moral problem. The long-awaited judgment of the Constitutional Tribunal on the admissibility of slaughtering animals for religious purposes was to put an end to this. In the voted judgment, the Constitutional Tribunal stated that the constitutional freedom to manifest religion - that is, the admissibility of ritual slaughter of animals - is superior to the protection of animal rights and does not pose a threat to public morality. Beginning with the scope of the applicant’s legitimacy, i.e. its legitimacy and exceeding the limits of the demands, the assessment of the weighing of competing constitutional values, the failure to develop a coherent and uniform position in the case in question, the adoption of erroneous assumptions, inaccuracies, it can be clearly stated that the judgment and (reference number K 52/13) does not solve the problem of ritual slaughter of animals in Poland, and introduces even greater chaos and disorder to the current legal system.

СУСПІЛЬНА МОРАЛЬ ТА МОРАЛЬНІСТЬ ЯК ОБ’ЄКТИ ДЕРЖАВНО-ПРАВОВОГО ЗАХИСТУ В УКРАЇНІ

Метою статті є визначення суспільної моралі та моральності як об’єктів державно-правового захисту в Україні. Встановлено, що поняття «мораль» і «моральність» виникли ще в стародавні часи. Зусилля щодо їх визначення пройшли вагомий еволюційний шлях, що відображено в оприлюднених думках мислителів різних епох. Попри це, дискусії стосовно їх змісту тривають досі, що вказує на неоднозначність їх розуміння. Аргументовано, що поняття «мораль» і «моральність» не треба ототожнювати, а також запропоновано внести певні зміни до чинного законодавства для визначення значення терміна «моральність» як об’єкта державно-правового захисту в Україні, що потребує фахового обговорення. Одержані та оприлюднені результати дослідження можуть бути використані правниками під час заходів щодо захисту суспільної моралі та моральності, а також вченими під час наукових розробок у цій сфері надалі.

A process view of crisis misinformation: How public relations professionals detect, manage, and evaluate crisis misinformation

As an emergent phenomenon in public relations research, crisis misinformation can challenge organisational crisis response strategies and narratives and public information vetting, affecting trust, morale, safety, and financial performance. This study introduces a practitioner perspective to complement existing crisis misinformation research that has been directed towards public approaches to crisis information vetting and evaluation of crisis misinformation corrections. By examining how 31 public relations professionals categorise, detect, vet, respond to, and evaluate misinformation within a variety of crises, this study adds to existing knowledge, a process view for crisis misinformation management. In-depth interview findings show that (a) crisis misinformation is common but varies by type, severity, and formation, (b) crisis misinformation vetting processes can affect the timeliness and nature of correction strategies, (c) participants use a range of criteria to determine if and how they respond to crisis misinformation, (d) response strategies comprise correction strategies and alternatives, differing by the source and nature of the crisis misinformation, and (e) evaluation varies from within-crisis to post-crisis techniques. Based on these findings, a framework for responding to crisis misinformation has been developed to support ongoing practice.

Registration of a sign contrary to public interest and good morals is prohibited in Iran

Registration of a sign contrary to public interest and good morals is prohibited in Iran

Liberalismo, moral pública y jurisprudencia constitucional en Colombia

Afirmar que existe una moral pública en una democracia liberal siempre es motivo de controversia. La relación entre ética y Estado es problemática y en Colombia ese debate ha estado presente por la alusión a la “moral social” en la Constitución Política de 1991. El presente texto busca analizar lo que ha significado dicho concepto para la democracia colombiana a partir de la jurisprudencia de la Corte Constitucional. Se afirmará que tras distintas interpretaciones se ha impuesto una perspectiva liberal ética que tiene el desafío de establecer con claridad los fundamentos de la moral pública.

Fragments Towards an Impossible (Domestic) Genre of the Human in Kenyan Crime Fiction

Extrajudicial executions and other forms of police violence in Kenya have always been an issue of significant concern in local and international media and human rights organisations. Reflective of this, scholarly interest in crime fiction in Kenya has grown significantly in recent years. However, the gendered implications of criminality – from sex work to errant motherhood to alternative modes of investigation – are still largely overlooked in postcolonial literary fiction and criticism. As part of a larger study on how women writers and characters shape crime fiction in Kenya, this paper critically engages with stories that the criminalised woman knows, tells, forgets, incarnates, discards or hides about the city. It does so by examining the history of urban sex workers in Kenya, the representation of ‘urban women’ in postcolonial Kenyan novels and contemporary mainstream media, and the various (post) colonial laws that criminalise sex work. Through Justina, an elusive character in Yvonne Adhiambo Owuor’s Dust, I consider how (post)colonial legislative frameworks and social life attempt to manage “impossible domesticity” (Saidiya Hartman) inside and against the geo-history of gendered and classed criminality in urban Kenyan spaces. My purpose is to interrogate hegemonic constructions of the citizen – and by extension, of the human – in Kenyan law and public morality &#x0D; Keywords: crime fiction, feminism, sex work, human, homo narrans

Revisiting the Development of the Criminal Policy of the Russian Federation on Combating Crimes Against Public Morality in Sexual Relations

Introduction: the criminal legislation plays an important role in the process of ensuring the normal spiritual and moral well-being of society. Chapter 25 of the Criminal Code of the Russian Federation of 1996 establishes the elements of crimes aimed at protecting public morals in the field of sexual relations. However, at present, the Russian Federation does not have a legally formulated criminal policy framework for countering crimes against public morality in the field of sexual relations, which makes it difficult to effectively counteract the analyzed category of crimes. The purpose of the research is to formulate the proposals on the content of the fundamentals of the criminal policy of the Russian Federation on countering crimes against public morality in the field of sexual relations. Methods: the methodological framework for the research is based on the general scientific methods of cognition. In order to ensure the objectivity of the research, the analyzed problem is revealed as a phenomenon using a systematic approach, which allows us to reveal its mechanism in such a way that the theoretical provisions are used with the maximum efficiency in practical activities. Results: the authors propose to develop and adopt at the legislative level the concept of the state’s criminal policy in the analyzed area, which would fix the goals, objectives, principles, as well as the main directions of the fight against crimes against public morality in the field of sexual relations in the short and medium term. Conclusions: the authors’ vision of the content of the future criminal policy of the Russian Federation on countering crimes against public morality in the field of sexual relations is proposed.

Help Me to Find My Children: A Thirteenth Amendment Challenge to Family Separation

The Trump Administration’s forced separation of migrant families at the U.S.-Mexico border is an international fault line in the global human rights framework. The scope, severity, and urgency of the issue speak clearly to the need for a diversity of strategies to protect migrant groups. With that in mind, this Article draws attention to a thus-far overlooked source of protection for migrant families facing separation — namely, the Thirteenth Amendment to the U.S. Constitution. While it is familiar history that the Thirteenth Amendment was passed to eradicate the system of slavery and involuntary servitude, courts, scholars, and practitioners continue to underappreciate the extent to which the Amendment prohibits practices with a colorable referent to those that sustained the institution of slavery. Indeed, a central aspect of slavery was the denial of dignity and the fundamental human right to the sanctity of the family, and a central preoccupation of the Thirteenth Amendment’s architects was to prevent enslaved families from being ripped asunder. Highlighting parallels between the breaking up of Black families that reinforced the institution of slavery and the situation at the U.S.-Mexico border, this Article argues the involuntary separation of migrant families falls within the heartland of the Thirteenth Amendment’s protections and should be outlawed as an “incident of slavery” by Congress or the courts. If one thing should be intuited from the current national reckoning with racism in the United States, it is that efforts to dismantle systems of oppression should proceed with due attention to the historical context from which the systems exist. A Thirteenth Amendment lens for evaluating the Trump Administration’s family separation practices achieves two goals: (1) it ties the violation to historical practices that impacted marginalized groups other than migrant families and accordingly may help to broaden the coalition of advocates fighting to shore up protections for migrant groups; and, (2) it makes the Congressional or judicial response more meaningful as a matter of public morality because it advances a narrative that centers the breaking up of migrant families as a failure by Congress and the courts to satisfy their constitutional duty to eliminate the kind of subjugation that was a hallmark of America’s original sin.

Formation of Ukrainian identity and national state formation in the modern era of the XIX century

The article examines the dynamics and features of the revival of Ukrainian national traditions, mainly languages and their institutionalization, which are accompanied by the formation of an intellectual national-patriotic elite, whose representatives were examples of moral behavior and political leadership in the struggle for national liberation. It is noted that having formed relatively separately in the four main parts of the Ukrainian lands (Dnieper, Galicia, Bukovina and Transcarpathia), the Ukrainian scientific, cultural, educational and political elite began to unite efforts in organizing joint Ukrainian national revival institutions and actively participated in political life. It is argued that Ukrainian nation-genesis does not represent in political history a perfectly uniform movement towards progress. Perhaps this is the contradiction that causes either the decline of national life and the restriction of political freedoms of the masses, or the rapid rise of national and patriotic feelings and the mass awakening of national identity and the struggle for political freedoms. The middle of the XIX century, which became a period of national revival for the peoples of Europe, has been studied. This was preceded by important socio-political events of the seventeenth and eighteenth centuries, in particular the bourgeois-democratic revolutions, which largely implemented the ideas of freedom, equality, and justice. It is outlined that the bourgeois-democratic revolutions and the national liberation struggle of the European peoples gave prospects for the Ukrainian nation to be reborn and developed. However, the Ukrainian lands were part of the imperial states with different levels of development of political culture, law, public morality, education and more. Thus, the Austrian monarchy of “enlightened absolutism” and the Russian monarchical despotism treated the Ukrainian people differently. Political events of the late XIX – early XX centuries. analyzed through the prism of the then dominant imperial spirit and the rise of the national consciousness of the peoples who were colonized by the imperial states. This means that Ukrainian national genesis and its institutionalized political freedoms are understood only in the closest connection with the imperial spirit of the European geopolitical space and national liberation movements. It is proved that the concept of political freedom for the peoples whose territories were seized by the imperial states, arose as a scientific philosophical and political thought in the first half of the XVIII century. and already in the works of J. Locke, J. Vico, N. R. J. Turgot, J. N. Condorcet and I. Kant, G. W. F. Hegel, and many other thinkers, it acquired a general civilizational worldview significance.

Formalism In Commercial Papers

This study aimed to clarify the legal implications of the check when it is empty of all or some of the mandatory formal conditions, and to indicate the optional conditions that may be included in the check . The optional conditions that may not be included in the check because they are inconsistent with its nature . The researcher concluded that the Jordanian legislator and the Iraqi legislator referred to the mandatory data in the check as an exclusive and not an example, by stipulating it in Article (137) of the Iraqi Trade Law and Article (228) of the Jordanian Trade Law. In particular, where the legislator arranged the invalidity of the check that is empty from the date of its creation. However, the check may include optional data that does not contradict with its nature and does not violate any of the peremptory rules or public order and public morals, and finally the researcher recommends the necessity to organize the optional data and indicate its importance, which does not conflict with the nature and essence of the check as is the case with the mandatory data, and not only referring to other articles provisions.

Internet Information and Academic Literacy in the Digital Age

The paper aims to analyze positive and negative characteristics of Internet information, consider the peculiarities of social and historical change of knowledge, and identify the specifics of the phenomenon of human academic literacy. In the modern information and digital age, the role and importance of information is increasing at a rate that has allowed scientists to describe the situation as the information explosion. The dramatic increase in the volume of information was made possible by the fact that a wide range of users with their personal information materials have gained access to the Internet. The speed of obtaining information has also increased; it is transmitted in real-life mode. These and many other characteristics of modern information flows can undoubtedly be assessed as positive trends, but the negative aspects of information processes are also increasing. The abundance of information gives rise to its excess and the problem of its selection. The availability of information does not guarantee its reliability; there is a lot of false, distorted information in the Internet. Analyzing whether the wide access and abundance of Internet information implies increasing academic literacy, the author concludes that people tend to become much more informed, but the path to academic literacy is becoming longer. Academic literacy is what a person learned in the course of education and what became the basis for his/her daily life and self-awareness. The excess of information creates a problem of qualitative selection, which requires additional time. The abundance of unreliable, fake information requires its careful verification. Public morals are the most important element of academic literacy, but there are virtually no filters in the Internet that block immoral information, cruelty, Internet trolling. As a result, learning by processing Internet information makes the process of creating academic literacy much more challenging and complex.&#x0D; Keywords: information age, information, digital technologies, academic literacy

What's Sex Got to Do with It? Mapping the Impact of Questions of Gender and Sexuality on the Evolution of the Digital Rights Landscape in India

Issues relating to gender and sexuality have a considerable, but as yet undocumented, importance in digital rights related law in India, in some cases expanding such rights, but often reducing avenues of free speech, privacy, and anonymity for women online. However, so far, this intersection has not been systematically documented or analysed in any way. In this paper, we examine in detail how gender and sexuality issues have driven the development of digital rights related law in India. We interrogate intersection of gender, sexuality, and digital rights both in cases where where litigants have viewed women as objects of state control to be protected for their own safety, to safeguard public morality, and to uphold values of “Indian culture”; and where women's conduct online represents a deviation from stereotypical conceptions of an “ideal” daughter, wife, mother, and victim, and has made them the subject of social and legal control. Through an analysis of cases concerning regulation of OTT platforms, banning of pornography, intermediary liability, sexual harassment and #MeToo, the right to anonymity, and right to be forgotten, the right to internet access, ban on TikTok, and non-consensual sharing of sexual images online, we find that all too often, anxieties surrounding women’s sexuality continue to justify court cases and jurisprudence that are geared towards protecting middle class morality and a very narrow vision of “Indian culture” rather than gender and sexuality rights.

WTO Panel Rules Against U.S. Claim that Tariffs on Chinese Goods Are Justified as Necessary to Protect “Public Morals”

On September 15, 2020, a World Trade Organization (WTO) panel ruled that certain tariffs the United States imposed on Chinese products violated Articles I (most-favored-nation) and II (tariff bindings) of the General Agreement on Tariffs and Trade (GATT). The panel rejected the U.S. attempt to invoke a “public morals” defense pursuant to GATT Article XX, holding that although countries receive substantial deference in defining “public morals,” the United States failed to prove that the tariffs were necessary to achieve its stated public morals objective.