Reasonable Person Research Articles

Nternational standard of proof of «reasonable suspicion» in the prosecutor's implementation of the prosecution function

The article provides a comprehensive study of the international standard of proof reasonable suspicion" in the implementation of the prosecutor's function of prosecution. The author found that the standard of proof «reasonable suspicion» is the standard of proof in criminal proceedings, which is used by the prosecutor to make current (intermediate) decisions related to the restriction of individual rights during criminal proceedings (request for application and direct use of means ensuring criminal proceedings, conducting investigative (investigative) and covert investigative (investigative) actions; notification of suspicion) and consists in the established probabilities (assumptions) of a person committing a certain act, which is determined by common sense and objective data that can be verified during criminal proceedings and which would encourage an impartial and reasonable person to take practical action to determine whether such suspicion is justified. Вased on the results of the analysis of the case law of the European Court of Human Rights, the author concludes that the standard of proof «reasonable suspicion» used by the prosecutor in the prosecution in the pre-trial investigation of crimes is characterized by the following criteria: 1) reasonable suspicion to convince an objective observer that the person concerned could have committed an act that falls under the signs of a criminal offense, the responsibility for which at the time of its commission was established by the norms of the Criminal Code; 2) a reasonable suspicion must be based on evidence obtained by the prosecutor, sufficient in its entirety to make a decision, and may not be based on assumptions; 3) the existence of a reasonable suspicion is established by national courts and is reflected in court decisions by stating the content of the suspicion, the circumstances of the case and the evidence that allows a person to be reasonably suspected of committing a criminal offense; 4) the burden of proving the existence of a reasonable suspicion rests with the prosecutor and cannot be transferred to the defense.

Section 13(b) of the FTC Act at the Supreme Court: The Middle Ground

In 1981, while in the FTC's Bureau of Consumer Protection, two of the authors were instrumental in initiating the FTC's fraud program, relying on Section 13(b)'s authority to obtain a permanent injunction to seek equitable relief, including asset freezes and consumer redress. The fraud program has become a mainstay of the Commission's consumer protection program, and the agency now coordinates local, state, national, and international agencies to fight the many faces of fraud. When the Obama Administration claimed that 13(b) could be used beyond fraud an authority that all previous Commissions believed they lacked, we warned that this overreach could threaten the heretofore uncontroversial fraud program. A case currently before the Supreme Court challenges the FTC' s ability to obtain monetary relief under 13(b) in any circumstances, which we call the Never position. The Commission takes the opposite extreme, arguing that monetary relief is available in any case it chooses, which we term the Always position. We argue that both positions are wrong. Among other problems, the Never position would terminate the fraud program, ending 40 years of successful use of an important, practical solution to one of the major problems that consumers face, with no clear evidence that the Commission has exceeded its authority. The Always position ignores both the text of Section 13(b), which limits permanent injunctions to proper cases, and the statutory structure, which itself limits the FTC's ability to obtain monetary relief. Congress originally considered Section 13(b) as part of a comprehensive set of changes to enhance the Commission's authority, which also included what became Section 19 two years later. That section limits the FTC's ability to obtain monetary relief to conduct that a reasonable person would know was dishonest or fraudulent. We argue instead for a middle ground. Because Section 19 requires separate administrative proceedings before the Commission can seek monetary relief, the money would be gone without the ability to obtain extraordinary relief, especially an ex parte asset freeze. It therefore cannot be used to attack fraud successfully. The middle ground would allow 13(b) to be used against fraudsters. Another advantage of the middle ground is that it respects the original vision of the FTC that there are some law violations for which monetary relief is inappropriate, a view codified in both 1914 and again in Section 19 in 1975. For example, complex issues of advertising substantiation, as well as issues about the adequacy of disclosures to consumers, about which reasonable experts often disagree, should normally be resolved through the administrative process. To subject all violations of the FTC Act routinely to potential monetary relief risks chilling the provision of truthful and useful information, as well as other conduct beneficial to consumers.

Conservative liberalism: Hume, Smith, and Burke as policy liberals and polity conservatives

Abstract On regular issues of policy reform—presupposing a stable integrated polity— Hume, Smith, and Burke were liberal in the original political meaning of “liberal.” Thus, on policy reform, although they accorded the status quo a certain presumption (as any reasonable person must), the more distinctive feature is that they maintained (even propounded, most plainly in Smith's case) a presumption of liberty in matters of policy reform. But we need another conceptualization that treats their attitudes about establishing, reforming, and securing the wider structure of political institutions, political procedure, and political culture and character—matters of polity reformation. On polity reformation, they showed sensibilities for which “conservative” is apt (though such conservatism was not otherwise purely neutral). Hume, Smith, and Burke were basically in agreement in the matters treated here. They are polity conservatives. The article develops the two conceptualizations—policy reform and polity reformation—, an understanding of “liberal” applicable to policy reform, and an understanding of “conservative” (namely, a heavy presumption of the status quo) that may be applied to policy reform and to polity reformation. If we code the three thinkers as PLPC (policy liberals and polity conservatives), we may put the matter this way: It would be meaningful but wrong to code them instead PCPC (policy conservatives and polity conservatives). I call their outlook conservative liberalism. I deal disproportionately with Burke, to tussle with two sets of imagined interlocutors, one on Burke as liberal, and the other on Burkean insight on polity reformation.

The Good-Faith Purchase Doctrine in 247 Jurisdictions

AbstractScholars have argued that reasonable persons can disagree on what the most sensible good-faith purchase doctrine is. Indeed, using hand-coded data on this doctrine in 247 jurisdictions, this article finds that this doctrine has hardly converged-there are at least 23 different variants of this doctrine, from “no good faith required” to “good faith is all the purchaser needs.” The 23 variants can be grouped into three clusters: the categorical approach, under which stolen goods always revert back to original owners; the binary approach, under which the distinction between stolen and non-stolen goods matters, but stolen goods do not always revert; and the unitary approach, under which there is no distinction between stolen and non-stolen goods.

Image of Good Faith Subjects of Law in Legal Cultural History: Definition of Universal Standards

The article is devoted to the problem of Good Faith Subjects` status in law. For a better understanding of the problem, image ofgood faith subjects of law in Ancient Rome was analyzed. In particular, it was found that in roman law, the term bonus pater familias(good family father) refers to a standard of good faith subjects of law. In the English version, this concept was translated as «that of aman of ordinary prudence in managing his own affairs».The concept of a gentleman in the English legal tradition is specially studied.English noun ‘gentleman’ dates back to the Old French word ‘gentilz hom’ (graceful, refined man). That was why the social ca -te gory of gentleman is considered as “the nearest, contemporary English equivalent of the noblesse of France.” (Maurice Hugh Keen).Now, a gentleman is not just any man of good and courteous conduct, but a certain person having legal personality in accordancewith the standard of common law.In conformity with the dimension of public law, the English social category of gentleman captures a right of certen classe of theBritish nobility.But in accordance with modern private law the connotation of the term gentleman corresponds to the Rome legal institute ofbonus pater familias.The double origin of this term from the status of a knight and the social position of the merchant causes a controversial interpretationsof its meaning.In contemporary usage, the word gentleman is ambiguously defined, because “to behave like a gentleman” communicates as littlepraise or as much criticism as the speaker means to imply; thus, “to spend money like a gentleman” is criticism, but “to conduct a businesslike a gentleman” is praise (Walter Alison Phillips).In modern International Trade Law a gentleman is essentially a ‘man of sense’, ‘а man of judgment’ or a reasonable person.So United Nations Convention on Contracts for the International Sale of Goods (1980), The UNIDROIT Principles of InternationalCommercial Contract and the Principles of European Contract Law provided a rule, which offers an opportunity for such an interpretation.‘the contract is to be interpreted according to the meaning that reasonable persons of the same kind as the parties would giveto it in the same circumstances’.It led to the conclusion that the modern image of a good faith subject to the greatest extent actualizes the criterion of commonsense.

Duress and loss of control: fear and anger in excusatory defences

This article examines the role of the anger and fear emotions in the loss of control and duress defences and argues that, although fear is now included as a trigger in loss of control, priority is still given to anger as a triggering event. Furthermore, in duress, although fear is the overriding mental state of the duressee, it wrongly forms no part of the rationale of the defence at all. Following a brief examination of both emotions, the article – individually with respect to each defence – considers issues relating to the (in)sufficiency of the objective element contained in the defences, specifically because neither properly take fear into account as a characteristic which should be attributed to the reasonable person, and then, to a lesser extent, what impact theoretical principles, such as mechanistic and evaluative approaches, have on the role emotion plays in both defences (if any). It is clear that none of these, nor indeed the relatively new discipline of neuroscience, examined in the penultimate section of the article, can tell us about the effects of emotion on decision-making, reasoning, control and responsibility, nor can they provide an answer as to how emotions – fear especially – can be properly incorporated into both defences. Numerous emotion-based alternative solutions are disseminated, and, although no preference is expressed here, it is recommended, firstly, that fear should be more effectively incorporated into the loss of control defence and, secondly, that duress should include fear as a characteristic attributed to the reasonable person.

Metamorphoses in the Law of Contract: Mythological Reflections

A human body grows and changes but remains the same body. The same is true of other organisms, even though some transform dramatically. Metamorphosis is a poetic and mythological conceit of identity, change, and continuity. It applies just as well to the law of contract and helps us understand the power of the contract law canon and the conventional understanding of the legal history of contract. The ideas probably hold true for private law generally, but the focus is on Anglo-American contract law with a foray into Scots private law. Three aspects of mythology and metamorphosis are highlighted. First, the conventional understanding of legal history shapes what the law is. In the story of legal development, we see an implicit notion of progress — with missteps and complications of plot, but with the conviction that eventually the law, like any myth, will work itself out in a way that is right — not necessarily a way that is good but instead a way that fits with society. And in any system based on case law, this conventional understanding of legal development shapes the law itself. Second, the force of this conventional understanding is scarcely lessened by demonstrable falsity. Classic books, lectures, and cases illustrate the idea that historical inaccuracy is an insignificant check on the power of myth. Finally, myths consist not only of explanatory plotlines; they also draw on characters and settings that reflect and inspire the society they serve. Legal myths are no different. Understanding legal mythology requires an attentive ear and a sharp eye for the characters, as well as the storytellers. The reasonable man is not the same as the reasonable person (or is he — a metamorphosis?), and in any case is not the same as the bonus paterfamilias or bon pere de famille—the good father of the family, or good family man, the comparable figure of Roman and civil law. Setting matters as much: the heritage of kings and lords, and judges and Westminster Hall, makes for different offspring than that of Rome and Continental learning, of wise thinkers and treatise authors, of Parliament House and institutional writers. When law is understood as a humanistic and rhetorical discipline, the force of myth, in all its aspects, is only natural.

Disagreement, Unenforceability, and Harm Reduction.

Talk of harm reduction has expanded horizontally, to apply to an ever-widening range of policy domains, and vertically, becoming part of official legal and political discourse. This expansion calls for philosophical theorization. What is the best way in which to characterize harm reduction? Does it represent a distinctive ethical position? How is it best morally justified, and what are its moral limits? I distinguish two varieties of harm reduction. One of them, technocratic harm reduction, is premised on the fact of non-enforceability of prohibitionist policies. The second, deliberative harm reduction, is premised on the fact of reasonable disagreement, grounded in the fact that reasonable persons disagree about a range of controversial behaviours. I argue that deliberative harm reduction better accounts for some of harm reduction’s most attractive features, and provides a plausible way of accounting for harm reductions’s justificatory grounds and limits.

Duty of care in clinical education - Part 1

Discourse regarding the legal position of osteopathic clinical educators is scarce. The educator-patient-student relationship is complex and if not managed well may compromise patient and student safety.This doctrinal research paper explores how Australian Civil Liability Legislation may be applied during clinical education. The paper constitutes a thought experiment and uses reasoning by analogy, applied to a hypothetical problem scenario, set during an osteopathic student's clinical practice event for the purpose of exploring the educator's duty relationships and to tease-out possible acts or omissions that could potentially be used in an argument designed to establish a clinical educators breach of duty.The deliberations presented here illuminate the complex relationships and highlight situations in which a reasonable person may consider the clinical educator has provided poor supervision of the student's work with patients. This concept paper signposts the potential vulnerability of the patient and the student if supervision standards are not maintained and if appropriate clinical standards are not applied. Possible lines of arguments a patient may raise or a student may raise in a negligence case as well as possible defences the clinical educator may offer are presented.

Legally Speaking: Public Perception and the Fine Print of the Law

Legal argumentation operates internally, in the construction of decisions, and externally, in the communication of those decisions. In this paper, I am interested in the external communication of legal decisions and the standards they assume. Treating “fine print” as a metonym that stands for much more than just contract disclosure, I explore what legal argumentation highlights and ways in which it marginalises features that a fully informed public should reasonably require for its own deliberations. In the course of this, I consider the nature of the “reasonable person” that the law addresses.

Informed Consent for Mobile Phone Health Surveys in Colombia: A Qualitative Study.

Public health surveys deployed through automated mobile phone calls raise a set of ethical challenges, including succinctly communicating information necessary to obtain respondent informed consent. This study aimed to capture the perspectives of key stakeholders, both experts and community members, on consent processes and preferences for participation in automated mobile phone surveys (MPS) of non-communicable disease risk factors in Colombia. We conducted semi-structured interviews with ethics and digital health experts and focus group discussions with community representatives. There was meaningful disagreement within both groups regarding the necessity of consent, when the purpose of a survey is to contribute to the formulation of public policies. Respondents who favored consent emphasized that consent communications ought to promote understanding and voluntariness, and implicitly suggested that information disclosure conform to a reasonable person standard. Given the automated and unsolicited nature of the phone calls and concerns regarding fraud, trust building was emphasized as important, especially for national MPS deployment. Community sensitization campaigns that provide relevant contextual information (such as the name of the administering institution) were thought to support trust-building. Additional ways to achieve the goals of consent while building trust in automated MPS for disease surveillance should be evaluated in order to inform ethical and effective practice.

Air carrier's liability for the safety of passengers during COVID-19 pandemic

The paper aims to determine the situations when the air carrier is liable for the transmission of COVID-19 in the course of air transport. It must be emphasized here that the carrier's liability results from bodily injury or death that are caused by an accident on board an aircraft or during the operations of embarking or disembarking. Accordingly, in this paper, we addressed if the transmission of COVID-19 an ‘accident’ within the Conventions' meaning and the period of air carrier's liability for passengers' contraction of COVID-19, taking into consideration the exoneration of air carrier's liability in COVID-19 cases. In addition, this paper will study the scope of the safety measures as required by ICAO to prevent the spread of COVID-19 and therefore protect the passengers' safety. In our opinion, we found that the estimate is left to the judge because the assessment of this matter is based on an objective criterion based on the reasonable person test and the fact of each case.

Knowledge and reasonableness

The notion of relevance plays a role in many accounts of knowledge and knowledge ascription. Although use of the notion is well-motivated, theorists struggle to codify relevance. A reasonable person standard of relevance addresses this codification problem, and provides an objective and flexible standard of relevance; however, treating relevance as reasonableness seems to allow practical factors to determine whether one has knowledge or not—so-called “pragmatic encroachment.” I argue that a fuller understanding of reasonableness and of the role of practical factors in the acquisition of knowledge lets us avoid pragmatic encroachment.

Implementation of principles of the criminal process during an accelerated pre-judicial investigation in the Republic of Kazakhstan

An important idea of the modern law and order is the formation of an effective legal system that manages the affairs of society, ensuring the implementation of the tasks assigned to it by the influence of various social processes. The basis for the formation, organization and functioning of such mechanisms are certain legislative principles, ideas and requirements, which in theory are called principles. It is these principles that formed the basis of the legal mechanism for the activities of bodies and officials involved in the process. The principle of rationality as the basis of criminal proceedings. The system of principles of the criminal process, first of all, determines the norms of the criminal process and the content of the criminal procedure, designed to ensure a unified practice of their application. In this regard, even if the principles are directly concentrated in the law, they can achieve their goals if they arise as a result of the analysis of certain norms of the criminal process. The principle of rationalism is reflected in the decisions of the participants in the criminal process and their actions. Legally important quality, reasonable forecast, reasonable understanding or legitimacy of physically justified actions, the criteria are the legitimacy of the actions of a legal entity in specific situations, their compliance with the likely behavior of a reasonable person in a specific situation. Key words: state, law, law, court, process, criminal proceedings.

Emotional Distress Claims, Dignitary Torts, and the Plaintiff-Friendly Fiction of Reasonable Sensitivity

In 2019, an article in the University of Memphis Law Review considered whether individuals with a highly sensitive temperament are able to recover for intentional infliction of emotional distress (IIED), given the tort’s ‘reasonable person’ standard. The author argued that this standard discriminates against plaintiffs who are more susceptible to emotional harm than average. How has the law of IIED historically accounted for plaintiffs with underlying conditions? Here this question is addressed with respect to diagnosed and undiagnosed psychiatric vulnerabilities, including suspected or confirmed genetic predispositions, in light of continued research interest in the field of psychiatric genetics. Although scientific advances could allow plaintiffs to assert harm in new ways, alternatively shifting the focus of IIED away from the plaintiff’s vulnerabilities and toward the defendant’s conduct could return IIED to its roots as a dignitary tort and better serve the interest of individual corrective justice.

Tinjauan Analisis Wacana Kritis pada Struktur Teks Anekdot Hasil Siswa Kelas X Berdasarkan Gender di SMKN 2 Kota Bandung Tahun Pembelajaran 2015 – 2016

The ability of students in making the text structure anecdotes from the point of Critical Discourse Analysis is used as the indicator is a textual dimension that includes cohesion, coherence, grammar and diction. Of the four elements are used as indicators votes captioning anecdotes on students by gender (male and female) can be seen to have capabilities that differences in instructional text anecdotes, the results obtained from the elements of cohesion in the text of anecdotes students generally use the pronouns I and you , because the contents of anecdote is also a dialogue, then it is reasonable person pronouns to one and two are used. Then the word coherence is mentioned and as well as that, the students are already familiar with the conjunctive, while conjunctive other less popular in the eyes of the students, it shows the weakness of students in a variety of making sentences. For terms of grammar seemed once differences in the ability of students men and women, women tend to be scrupulous in making sentences, sentences that made many are forming complex sentences, while boys tend to be careless in making sentences made more simplex. Diction of elements also seen male language more logical than women, as if women visible element of feeling that comes in, it looks at all the different characteristics of students by gender (male and female) in making the text anecdotes. Especially of proficiency.

Developing model biobanking consent language: what matters to prospective participants?

BackgroundEfforts to improve informed consent have led to calls for providing information a reasonable person would want to have, in a way that facilitates understanding of the reasons why one might or might not want to participate. At the same time, advances in large-scale genomic research have expanded both the opportunities and the risks for participants, families, and communities. To advance the use of effective consent materials that reflect this landscape, we used empirical data to develop model consent language, as well as brief questions to assist people in thinking about their own values relative to participation.MethodsWe conducted in-person interviews to gather preliminary input on these materials from a diverse sample (n = 32) of the general population in Nashville, Tennessee. We asked them to highlight information they found especially reassuring or concerning, their hypothetical willingness to participate, and their opinions about the values questions.ResultsConsent information most often highlighted as reassuring included the purpose of the biobank, the existence and composition of a multidisciplinary oversight committee, the importance of participants’ privacy and efforts to protect it, and controlled access to a scientific database. Information most often highlighted as concerning included the deposition of data in a publicly accessible database, the risk of unintended access to data, the potential for non-research use of data, and use of medical record information in general. Seventy-five percent of participants indicated initial willingness to participate in the hypothetical biobank; this decreased to 66% as participants more closely considered the information over the course of the interview. A large majority rated the values questions as helpful.ConclusionsThese results are consistent with other research on public perspectives on biobanking and genomic cohort studies, suggesting that our model language effectively captures commonly expressed reasons for and against participation. Our study enriches this literature by connecting specific consent form disclosures with qualitative data regarding what participants found especially reassuring or concerning and why. Interventions that facilitate individuals’ closer engagement with consent information may result in participation decisions more closely aligned with their values.

Cyberbullying in Nigeria: Examining the Adequacy of Legal Responses

Cyberbullying has been defined as the “process of using the internet, cell phones or other devices to send or post text or images intended to hurt or embarrass another person.” The word “cyberbullying” is often used interchangeably with “cyber stalking” and in fact the Cybercrimes (Prohibition, Prevention, etc.) Act 2015 of Nigeria, uses the word “cyber stalking” which it defines as any course of conduct directed at a specific person that would cause a reasonable person to feel fear. By the provisions of the Act, the transmission of any communication through the means of a computer to bully, threaten or harass another person where such communication places another person in fear of death, violence or bodily harm amounts to cyber stalking. Cyberbullying is becoming a common phenomenon in Nigeria as more people engage in it especially on social media platforms. This is carried out in various ways and a common trend is posting indecent imagery of persons online such as naked pictures or videos of persons in order to humiliate them. When posted by a person, the communication is shared by others thereby causing circulation on social media. This act amounts to cyber stalking where the intention consists of those elements stated under the Cybercrimes Act. In other situations where it is shared without the aim of humiliating the victim, such act can still be incriminated under some other laws in Nigeria such as the Criminal Code Act and the Penal Code Act which for instance both criminalise obscene publications. It is worthy of note there have been reported cases where victims of cyberbullying have committed suicide as a result of fear or shame. A major observation is that cyberbullying has gained normalcy and many internet users engaged in it do not seem to be aware of the criminal connotation of their actions. This paper examines the effectiveness of legal responses to cyberbullying in Nigeria. It discusses the forms of cyberbullying commonly perpetrated in Nigeria by citing some real life instances that have happened in the past. The paper notes that most forms of cyberbullying can be prosecuted under the Cybercrimes Act, however, there has not been any notable enforcement of the law in terms of prosecution of cyberbullying cases. It appears that the lack of prosecution of offenders has fostered the act of cyberbullying especially under the present circumstances where there is widespread ignorance among internet users. The paper also notes that the absence of image rights is a precursor in many respects to some forms of cyberbullying especially when photographs and videos of victims are involved. The paper advocates the implementation and enforcement of the Cybercrimes Act as well as other laws relating to cyberbullying in Nigeria. The paper also posits that the protection of image rights will go a long way to assist in curbing the act of cyberbullying in Nigeria.

The reasonably prudent person, or me?

AbstractAbundant research concerning the role of the self in social judgment suggests that people have a strong tendency to evaluate others’ actions, preferences, and values with regard to their own. Reliance on self‐standards contrasts with the legal standard of the reasonably prudent person (RPP) standard, which presumably represents the behavior of the average person in the community. In three studies that investigated judgments of harmful actions, we compared the influence of self‐standards (“How likely would I behave in this manner?”) and RPP estimates (“How likely would the average, reasonable person in the community behave in this manner?”). In each study, self‐standards influenced participants’ judgments of guilt and the acceptability of the defendant's actions more than did judgments about what a RPP would do. Studies 2a and 2b also investigated attitudinal differences in susceptibility to RPP consensus manipulations. Participants judged a target who committed murder in self‐defense, and also projected their own hypothetical behavior in the scenario. When the manipulated RPP disapproved of the murder, the target was deemed more culpable, but only among participants who themselves were unwilling to commit the hypothetical act. Participants who expressed willingness to murder in self‐defense were unaffected by RPP information, regardless of whether or not it was consistent with their own stance. Hence, RPP information at best exerted minimal influence on juridical judgments, and only among certain participants. Implications of these findings for legal applications of the RPP, and for the role of the self in social judgment, are discussed.

Modern Urban Culture: a City for or against a Person?

Introduction. The paper attempts to find answers to the questions: will it be possible to preserve historical-cultural “face” of the city, or it will disappear under the onslaught of the advanced achievements of civilization; is there an urban space to a reasonable person, who have reached great technological heights, or directed against him; what are the ontological foundations of the modern city? The relevance of the author's approach is the analysis of the “concept” of the city as urogenous spatio-temporal macro model, which not only develops under the influence of the inhabitants, but also determines their worldview and behavior.Methodology and sources. Methodological basis of the work is the cultural and philosophical analysis of the “concept“ of the modern city in the works of domestic and foreign sociologists, and ethologists, urboecology, philosophers, anthropologists, art historians (V. G. Il’in, R. Park, L. Worth, E. Gorokhovskaya, I. A. Litvinova, V. I. Mathis, G. Simmel, E. Fromm, E. T. Hall, M. I. year-old boy, James W., Jean-Paul Ferrier, Jean-Albert Guieysse, Thierry Rebour, H. W. Zorbaugh, etc.). Used demographic statistics allowing to understand the issues of depopulation, migration and multi-ethnicity of the townspeople.Results and discussion. In modern culture hypertrophied original function of the city as a source of protection and comfort, it is a shift towards maximum convenience and independence of individuals. In the result, the urban environment is made, adapting to the challenges put forward by society. Historically “face” of the city gets lost. This jeopardizes not only the rich cultural heritage of the cities, but also the authenticity of the existence of the person. The ontological basis of the modern “concept” of the city is defined by urban characteristics: multiculturalism, multi-ethnicity, presentationhost (the image of the city), the superficiality of contact, the spontaneity of development, the blurring of boundaries. They not only make up the text of modern urban culture, but also form a macro model of society.Thus, the result of the study is the conceptualization of the contradictions of the modern city that provides for a person as comfortable as possible in the consumer environment at the same time directed against him or her.Conclusion. It is concluded that in the current ecological, demographic and economic situation, the question of understanding the role of modern urban culture in the search for a dialogue between the technogenic and informational development of civilization with nature, the historical and cultural content of the city with its image, and mass consumption with an original manifestation is most acute. The authors believe that it depends only on the person whether the urban space will exist for or against him or her.