Social Regulator Research Articles

The mechanism of legal relations in the context of modern legal policy P. P. Serkov. Legal relationship (theory and practice of modern legal policy): in 2 parts. Moscow: Norma, 2023. Part 1: legal doctrine and legal policy measures. – 872 pp.; Part 2: generalization of legal experiences of ascent to man, society And the state. – 672 pp.

The multidimensional nature of law, designed to act as the main social regulator and the importance of legal policy for the progressive development and functioning of the legal system, which is increasing in the context of modern challenges to national security, determines the theoretical and practical significance of research on the phenomenon of legal policy. The peer-reviewed monograph provides a scientific substantiation of the systemic relationship between the mechanism of legal relations and legal policy. The author of the monograph comprehensively and from original positions examines the essence of legal policy, the problems associated with its scientific knowledge and implementation, and identifies its patterns.

Reverse social contagion as a mechanism for regulating mass behaviors in highly integrated social systems.

Mass behavior is the rapid adoption of similar conduct by all group members, with potentially catastrophic outcomes such as mass panic. Yet, these negative consequences are rare in integrated social systems such as social insect colonies, thanks to mechanisms of social regulation. Here, we test the hypothesis that behavioral deactivation between active individuals is a powerful social regulator that reduces energetic spending in groups. Borrowing from scaling theories for human settlements and using behavioral data on harvester ants, we derive ties between the hypermetric scaling of the interaction network and the hypometric scaling of activity levels, both relative to the colony size. We use elements of economics theory and metabolic measurements collected with the behavioral data to link activity and metabolic scalings with group size. Our results support the idea that metabolic scaling across social systems is the product of different balances between their social regulation mechanisms.

MORAL ASPECTS OF DUTY AS A VALUE

Law and morality are integral and important components of modern society and play an important role in regulating relations within it. Norms of law and morality are closely intertwined in the process of social regulation, which determines the mutual influence on the essential content of each of them. The interaction of the two categories is reflected in the fact that the law contributes to the realization of moral principles in the minds of all members of society, in turn, under the influence of moral requirements, the law is constantly improved and increases its role as a social regulator of social relations. In addition, the interaction of morality and law is manifested in the fact that today both the national law of most states of the world and international law use such well-known principles as humanism, justice, equality, integrity, which are a reflection of the influence of moral principles on the formation of law in general. In other words, legal norms, in order to ensure the effectiveness of their action, respond to the moral requirements of modern society, reflecting them in their content. It is no less important to pay attention to the implementation of moral aspects in the formulation of legal obligations incumbent on citizens, since the level of their implementation and compliance directly depends on the level of implementation of moral principles and values prevailing in society. Regarding the moral aspects of duty as a value, it is worth noting that the process of formation of a legal duty was closely related to the precepts of morality, which was also reflected in the modern interpretation of duties. That is why we consider it expedient to investigate legal duty as a value for the presence of moral aspects in it and the importance of moral aspects in modern legal duty.

Social and legal regulators. Conceptual developments by V.I. Nizhechek

The role of the Soviet scientist-activist V.I. Nizhechek in the development and establishment of social regulation concepts, and its importance in governing societal affairs, as well as functions and potential of law, and its relationship with morality as a social regulator are thoroughtly explored. V.I. Nizhechek posits that legal and social regulations share a common nature, are deeply interconnected, and exhibit numerous practical manifestations of unity. While aknowledging the independent nature of law, the scientist concludes that legal norms essentially form a component of social regulation in society. Notably, the author emphasizes moral regulation, and the interplay between legal norms and morality, while examining various social regulators such as corporate norms, ethincs, religion, and others. V.I. Nizhechek does not differential between morality ad ethics; however, he asserts that morality holds a dominant role in the system of social regulation, highlighting the so-called “proximity” of morality and law. Morever, the author draws relevant parallels that substantiate the systematic nature of social regulation. V.I. Nizhechek delves into the crucial question of the theory of law as a tool of legal regulation in historical and contemporary contexts. He considers the evolution of legal regulation in terms of broadening its scope and reinforcing its role in Soviet society, unlimately concluding that legal regulation has become more complex. The concept of the intimate connection between economic and legal methods of regulation is presented; the author asserts that there may be no contradiction between these methods of regulation since all economic methods are mediated by legal norms. The material is prefaced by the author's personal recollections of meetings and conversations with V.I. Nizhechek, as well as with scholars, colleagues, who were associated with him.

Mediation in Ukraine: historical and legal background and perspectives

In the article, the author reveals the historical prerequisites for the birth and development of the mediation institute on the territory of modern Ukraine. Attention is focused on the prospects for the further development of mediation, the expansion of the practice of its application in Ukraine. It was noted that the law, as a result of the evolution of society and the most effective social regulator tested by thousands of years of experience, is designed to prevent the emergence of acute conflicts in society and to balance the interests of the main segments of the population regarding the use, protection and protection of material goods and intangible values. The dialectics of legal regulation proves that society has historically tried to develop and implement mechanisms to prevent and overcome legal conflicts, realizing that legal conflicts are potentially dangerous for the entire society and for each person. It has been established that the institution of mediation is not new in the system of combating legal conflicts, it was born in the European states of the ancient era and retains its relevance even today. Therefore, it is quite logical to start the scientific study of mediation, its theoretical-legal and practical aspects with the analysis of the historical-legal prerequisites of its emergence in Ukraine and further prospects for its development. The author concluded that the prerequisite for the development of the institution of mediation in all developed legal systems is the awareness of the majority of the international community (states and international organizations) and active consumers of mediation services – participants in international private legal relations - of the effectiveness, convenience and perspective of settling their legal disputes not through numerous courts , and through the mediation of a jointly chosen independent entity – a mediator. The clearest proof of Ukrainian society’s readiness for mediation was the adoption at the national level of a special legislative act «On Mediation», which defines the legal basis and procedure for conducting mediation as an extrajudicial procedure for conflict (dispute) settlement, the principles of mediation, the status of a mediator, requirements for his training and other issues, related to this procedure.

The relationship of rights and obligations: questions of theory

It is indicated that, in the modern period of conflicting legal norms, one of the means of ensuring the implementation and observance of constitutional obligations is the responsibility and sanctions of the norms of the current legislation. It is noted that in the modern world, with the rapid development of society, the issue of compliance with law and morality is becoming more and more necessary and relevant. That is why considerable attention should be paid to the consideration, analysis and research of these two concepts. Today, law and morality depend on each other. Norms of morality and law are the most widespread and quite important for society. They are intertwined in the process of social regulation, their demands coincide in many respects: what law allows or prohibits, and morality encourages or condemns. The interaction of morality and law in society is a very complex and diverse process. Strongly influencing morality, law contributes to its intensive implementation in the minds of all members of society, at the same time, under the influence of moral requirements, law constantly improves and elevates its role as a social regulator of social relations. The author emphasizes that the attitude to rights and duties in the context of a person’s legal status creates a rather complex problem for ethics and morality. On the one hand, theorists fix such qualities of moral demands as universality and a high level of commonality. Ethical theory in the sense of attitude to rights and duties inevitably uses as one of its bases the moral ideas of “ordinary man” or “ordinary human mind”. It cannot simply ignore moral intuitions, although it can make attempts to discredit some of them, especially if they contradict the main body of moral convictions and are not accompanied by absolute certainty. However, moral duties to have a different character. They are an integral component of the normative system of universal morality and have an almost axiomatic character for the “ordinary person”.

Religious foundations of duty

It is noted that, simultaneously with the emergence and development of human society, the presence of certain general rules in regulating the behavior of members of society arises. Social life at all stages of its development required the presence of such rules with which we humans could coordinate our behavior and actions and count on a certain predictable result from such behavior or actions. At various stages of the development of society, these or other social regulators become a tool for ensuring such a need. Historically, social norms formed under the influence of requirements and patterns of development of primitive society become the first social regulator. To a greater extent, such societies normalized their focus on the duties of the individual by installing a large number of prohibitions that required members of the society to refrain from undesirable behavior.
 It is indicated that with the complication and branching of social relations in society, general social norms support the impetus for further development and are differentiated in the following form of social regulators, in particular, morality, religion, and law. In our opinion, this order of progression of the development of social regulators is correct and natural. That is, initially the individual in the first society is aware of his responsibility to this or that social association, which is engaged in the creation of moral obligations. Gradually, certain beliefs appear in the primitive society, which contribute to the emergence of religious duties, which do not exclude moral positions, but complement them and values in interaction with them. And only with the appearance of the first state entities, we can talk about introducing obligations into the legal field with their further legal consolidation. It is important to note that in the pre-state period of human development, which occupies a sufficiently long period of time, duties developed outside the law and arose in accordance with human nature, customary norms, traditions, religious dogmas or moral ideas, based on the simplest rules of interpersonal interaction. All these factors - religion, morality, customs and traditions, to a greater or lesser extent changed their role in shaping the future idea of duties, that is why we consider it necessary to investigate the foundations of the institution of duty, in particular through the prism of religious influence.

The relationship between right and duty: moral and ethical principles

It is indicated that, in the modern period of conflicting legal norms, one of the means of ensuring the implementation and observance of constitutional obligations is the responsibility and sanctions of the norms of the current legislation.
 It is noted that in the modern world, with the rapid development of society, the issue of compliance with law and morality is becoming more and more necessary and relevant. That is why considerable attention should be paid to the consideration, analysis and research of these two concepts. Today, law and morality depend on each other. Norms of morality and law are the most widespread and quite important for society. They are intertwined in the process of social regulation, their demands coincide in many respects: what law allows or prohibits, and morality encourages or condemns. The interaction of morality and law in society is a very complex and diverse process. Strongly influencing morality, law contributes to its intensive implementation in the minds of all members of society, at the same time, under the influence of moral requirements, law constantly improves and elevates its role as a social regulator of social relations.
 The author emphasizes that the attitude to rights and duties in the context of a person’s legal status creates a rather complex problem for ethics and morality. On the one hand, theorists fix such qualities of moral demands as universality and a high level of commonality. Ethical theory in the sense of attitude to rights and duties inevitably uses as one of its bases the moral ideas of «ordinary man» or «ordinary human mind». It cannot simply ignore moral intuitions, although it can make attempts to discredit some of them, especially if they contradict the main body of moral convictions and are not accompanied by absolute certainty. However, moral duties to have a different character. They are an integral component of the normative system of universal morality and have an almost axiomatic character for the «ordinary person».

The Ethical Concept of Shame as a Social Regulator of the Students’ Behaviour

The aim of the research is to study the impact of the ethical concept of “shame” on the moral consciousness and behaviour of adolescents in high school. To do this, an analysis of the concept of “shame” in special literature was carried out, as well as an analysis of the content of this concept in the minds of adolescents; the main substantive signs of its lexical representations of various morphological natures were revealed: negativity, reason, external orientation of emotion, and internal emotional traits. The survey of adolescents also established the degree of effectiveness of shame as a social regulator and modifier. The insufficient regulatory and modification effectiveness of the concept of “shame” revealed in the course of theresearch is influenced by several factors: a value crisis in the spiritual state of modern society; psychological characteristics of adolescence; shortcomings of the idea of shame formed in the minds of adolescents (a superficial understanding of emotion, an insignificant degree of the emotions of fear and guilt in the shame complex, lack of logical awareness of cause-and-effect relationships). To eliminate these shortcomings and increase the effectiveness of the concept of shame as a social regulator of adolescents' behaviour, it is necessary to carry out significant work on organizing a system of work on the formation of ideas about shame in adolescents, on their inclusion in practical activities to form the ethical concept under study in the family and school.

8.G. Workshop: Developments in patient experience surveys: how do we maintain relevance and maximise impact?

Abstract Background Patient and service-user experiences of healthcare are a vital component of the monitoring and assessment of the quality and performance of health and social care services and systems, as well as an important predictor of patient outcomes. The National Care Experience Programme (NCEP) is a partnership between the Irish health and social care regulator (Health Information and Quality Authority, HIQA), the national public healthcare provider (Health Service Executive, HSE), and policy makers (Department of Health). The NCEP conducts national care experience surveys with the aim of learning from people's experiences in order to improve the quality of health and social care services in Ireland. The programme includes surveys of acute hospital inpatient, maternity, maternity bereavement, nursing home and end-of-life care. Additional surveys of cancer care and mental health services are currently in development. Objectives Regular review and adaptation of existing surveys, expansion into new areas of care, and development of new methods of data collection, analysis and dissemination of survey findings and stakeholder engagement are required in order to remain agile and responsive to evolving health and social care landscapes and the changing needs of stakeholders, as well as harnessing technological advances and ensuring sustainability. The aim of this workshop is to bring together experts in patient experience from across the health system to stimulate discussion, knowledge sharing and cross-fertilisation of ideas. Presentations will focus on international developments and trends in patient experience, as well as considerations for surveying bereaved parents and families on their experiences of maternity bereavement and end-of-life care. The use of new technologies, including computational text analytics and predictive modelling to facilitate qualitative data analysis and maximise the use of survey findings will be outlined, followed by case studies of how care experience data are used to inform health and social care legislation, policy and practice in Ireland. Experiences from other jurisdictions and potential implications will be discussed with the audience. The workshop will contribute to a better understanding of the value and impact of collecting patient experience feedback and explore how new technologies can be used to generate insights and maximise the use of survey data. Format of the workshop The workshop will include a brief introduction on patient experience and the Irish National Care Experience Programme, followed by five presentations with time for audience contributions and questions after each speaker. The workshop will conclude with a discussion with the audience and presenters. Key messages • Patient experiences are a key component of the monitoring and assessment of the quality and performance of health and social care services and systems. • Regular review and adaptation of surveys and development of new methods are required to remain responsive to evolving health and social care landscapes and ensure sustainability.

Discussions on the Status of the Ethics Committee and Biobanking Practices in the Nordic Countries

The article analyzes the institutional status of the ethics committee as a social regulator. The object of the study is the practice of legal and administrative regulation in the field of application of genetic technologies in the Nordic countries. To this end, a comparative analysis of national legislation and practices regulating the activities of biobanks in these countries is carried out. Particular attention is given to the legal status of the ethics committee, the possibility of the ethics committee performing a regulatory function, as well as its relation to the legal system, is being investigated. Various positions concerning the legitimization of the decisions of the ethics committee in modern literature are considered. The heterogeneity of this institution is determined, which makes it possible to consider it both as legal, administrative and metaethical social regulators.

Levels of Knowledge of Law: Questions of Methodology

Introduction. One of the main issues of fundamental jurisprudence is the problem of the epistemology of law. Law is a complex social phenomenon in terms of content, forms of manifestation, and ideological guidelines (ideals). The phenomenon of law is understood differently; it is understood as: the order of the sovereign, the means of ensuring security, the means of class compromise, the natural rights and freedoms of citizens, the measure of freedom, the measure of labor and consumption, imperative-attributive emotions, the restriction of the external freedom of a person, the self-limitation of the state, the existence of free will, the divine will erected the will of the economically dominant class, the will of the whole people, the protection / delimitation of interests, universal human value, the minimum of morality, the result of the inaction of morality, etc. into law. Each approach to the definition of law is accompanied by a system of logical arguments and reveals one of the sides of this social and normative regulator. Theoretical Basis. Methods. The purpose of this work is to study the levels of knowledge of law as a socio-cultural phenomenon. To achieve this task, the following tasks are solved: an analysis of law as the most important social regulator of human activity; law is revealed as part of a person’s spiritual life; the main theoretical and methodological levels of knowledge of law are analyzed. The following methods were used in the course of the study: analysis and synthesis, hermeneutic, comparative approach. Results. The author came to the conclusion that in the science of law there are several levels of knowledge of law: 1) the encyclopedia of law involves a summary of the branch of legal sciences; it combines (consolidates) a huge array of factual information and expands the amount of knowledge about law, society, and the state; 2) the theory of law (general theory of law, theory of state and law), as inductive knowledge, extracts the general principles of law from the empirical material accumulated by branch sciences, creating a methodology for studying political and legal phenomena; 3) the philosophy of law deductively builds the doctrine of law, focusing on the desired ideal for the thinker (legal, political, social, personal, ethical, religious, etc.), thereby revealing the value nature of the legal phenomenon. Discussion and Conclusion. Philosophy and theory of law are independent sciences and disciplines. The article shows some differences and common features of the theory and philosophy of law. At the same time, the author emphasizes that all thinkers, both philosophers of law and theorists, build their concepts based on the position that law is a universally binding rule of behavior, and not descriptive maxims of science or political declarations.

HURTing: An Analysis of Service User and Carer Referrals to a UK Social Work Regulator

Abstract In the context of increasing regulation of social workers internationally, this study examines allegations made to a UK social work regulator, the Northern Ireland Social Care Council (NISCC), by service users and carers. A retrospective review of 134 records relating to such allegations during the ten-year period 2006–2015 was undertaken, representing just over one-third (36.4 per cent) of all allegations received. Allegations were made primarily about family and child-care social workers (91.0 per cent) and reflected the four inter-linking categories of concerns about the honesty of social workers, reports that service users/carers were treated unequally, allegations that social workers failed to demonstrate respect in their interactions with service users/carers, and concerns about technical aspects of social workers’ practice. The nature of these allegations forms the acronym HURT that describes both the experiences of service users/carers and the stressful context in which social workers practice. This article concludes that addressing the stress and HURT of both parties is important and makes suggestions regarding how the findings can strengthen the role of the regulator, influence social work practice and empower service users and carers.

A Sociological Reading of Statutory Social Work and Irish Corporate Governmentality: On the Death of Creativity

Abstract The corporate and neo-liberal governance of Irish social work, and a strangle-hold of legal-rational reasoning on the profession, has led statutory social work to be increasingly alienated from its traditional commitment to radical change in the pursuit of true social justice. Whilst this case has already been made, we set out to extend debates around an ‘epistemic schism’ in social work through a sociological critique of creativity. The demise of creativity arguably lies in the fettering of social work by corporate state entities, increasingly prescriptive governmental law and policy and a degree of deliberate deformation of social work through the health and social care regulator CORU. We argue that as the artistry of creative practice increasingly now comes under assault through proceduralisation, corporate governance and risk aversion, any remaining residuals of creativity also come to be repackaged and misappropriated in the form of ‘professional discretion’. What is at stake in the death of creativity is the death of anything surplus and exceptional to that which social workers are mandated to do. Moreover, we propose that without creativity, social workers can no longer fulfil the profession’s ideological goal of dismantling social injustice at a wider societal level.

Persons who may act as attorney and grounds for impeachment of the attorney

The judicial system is called upon to ensure the resolution of conflicts in society. The results of this system depend to a large extent on the effective participation of citizens defending their personal rights and interests in specific cases. At the same time, the constant development of society requires the evolution of its most important social regulator – the law, whose changes quite naturally affect the functioning of the judicial system itself. This leads to the conclusion that a good knowledge of the ever-changing legal framework is a prerequisite for citizens’ full participation in the process. The institution of the attorney has long existed in Bulgarian criminal procedure and has been adopted from Russian law. However, it is a subject of relatively low research interest. This could be explained, on the one hand, by the fact that the attorney performs an auxiliary role in the performance of functions in criminal proceedings. Also, the participation of the attorney in the criminal proceedings in a large number of cases is related to the implementation of additional, atypical functions for the criminal proceedings – those of bringing and substantiating the civil action and its defence. However, the very fact of its invariable existence throughout the history of our criminal procedure law is indicative of its essential role in achieving the objectives of the state’s criminal policy and ensuring the public interest in this respect. The present study identifies the persons who may be attorneys under Bulgarian criminal procedure law. The grounds for dismissal of the attorney are also examined.

Mediation in the system of conflict management theory: state and development prospects

Mediation is considered in the article as part of a conflict management theory, which, in turn, is interdisciplinary in nature. The logical chain is presented, according to which it makes sense to conduct theoretical and applied conflict management analysis, plan conflict-regulating actions, as well as build the teaching of conflict management theory. There are four main links in this chain: the methodology of the analysis of social conflict, its situational analysis, the definition of the technology of influencing the situation and the procedure for implementing the chosen technology. It is in the final link that the problems of mediation, or mediation, are present, which is the subject of research in this work. The purpose of the article is to analyze the development of the main directions of non–jurisdictional mediation in Russia and its role as a social regulator, when the parties of civil society follow the law, but have the opportunity to develop broader, diverse and acceptable conditions for resolving disputes. The review of historical prerequisites, the level of modern institutionalization, socially significant functions of the mediation process is carried out. The characteristics of the development of mediation in the state, commercial and civil sectors of society are given. The ways of development of mediation as a professional, educational and educative social resource are discussed. The obstacles to such development are fixed in the form of dominant state regulation of mediation activities, disproportionate use of mediation services and their weak market demand, scattered teaching of mediation-related educational disciplines, negative realities of the world experience. Conclusions are proposed about the need for a more harmonious state-legal regulation of mediation; the importance of developing communication competence, including a unified presentation of the disciplines «Negotiation – facilitation – mediation» in the educational process; the relevance of the education of conflict management literacy as a culture of behavior in conflict situations and the ability to manage them.

The Role of Oxytocin in Early-Life-Stress-Related Neuropsychiatric Disorders.

Early-life stress during critical periods of brain development can have long-term effects on physical and mental health. Oxytocin is a critical social regulator and anti-inflammatory hormone that modulates stress-related functions and social behaviors and alleviates diseases. Oxytocin-related neural systems show high plasticity in early postpartum and adolescent periods. Early-life stress can influence the oxytocin system long term by altering the expression and signaling of oxytocin receptors. Deficits in social behavior, emotional control, and stress responses may result, thus increasing the risk of anxiety, depression, and other stress-related neuropsychiatric diseases. Oxytocin is regarded as an important target for the treatment of stress-related neuropsychiatric disorders. Here, we describe the history of oxytocin and its role in neural circuits and related behaviors. We then review abnormalities in the oxytocin system in early-life stress and the functions of oxytocin in treating stress-related neuropsychiatric disorders.

Mortality in residential care facilities for people with disability: a descriptive cross-sectional analysis of statutory notifications in Ireland

ObjectivesTo determine incidence of death in residential care facilities for people with disability in Ireland, primary cause of death, associations of facility characteristics and deaths, and to compare characteristics of...

Constitution of the Attorney in the Criminal Process

The constant development of society necessitates the evolution of its most important social regulator – law, whose changes quite naturally affect the functioning of the judicial system itself. A good knowledge of the legal rules that are being missed determines to a great extent the full participation of citizens in the process. In the study, the ways in which the attorney can be constituted in the criminal proceedings are analyzed, and the moment at which this procedural representative can enter the current phase and stages of the process is also discussed. The two ways in which the attorney is constituted in the criminal process are clarified – appointment by an act of a state body and de facto composition, which consists of two elements – a power of attorney from the represented person and final actions by which the relevant state body allows the attorney to participate in production. The findings show that, unlike the victim, the person who is constituted in the judicial phase as a civil liability and the damaged legal entity do not participate in the pre-trial proceedings and accordingly do not have the right to an attorney in this phase. This naturally has a negative impact on the right of defense of these persons.

Application of law as a special form of its implementation: trends for the future

The law as the main social regulator of society's relations, is an effective and correct application and affects all spheres of its life, accordingly, this fact actualizes the research. The purpose of the study is to identify problematic issues in legal norms application at the current stage in order to avoid them in the future. In accordance with the specified goal, the task of the research is studying important issues of legal practice and law; to study the scientific literature related to the application of law, stages and acts of application, as well as their future development trends. The methods of scientific cognition of reality, both general and special, helped to solve the purpose and objectives of the study. The results of the study show that the idea that the bureaucratic inertia inherent in the system of state authorities causes it to change its activities too slowly in response to society’s requests and demands, thereby reducing the effectiveness of law enforcement activities. The conclusion of the study lies in the argumentation of the position that in the future, in the practical activity of law enforcement, there will be a wider application of artificial intelligence tools as well as information and communication technologies in the conditions of life in a digital society. When conducting the research, the ScienceDirect search tool was used. It offered scientific works relevant to the research topic for the period 2022-2018, 5 of which were analyzed.