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Journal articles on the topic 'Constitutional law – Moral and ethical aspects'
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1
Bielov, Dmytro, and Myroslava Hromovchuk. "Constitutional Law Norm: Some Aspects of Structure." Проблеми сучасних трансформацій. Серія: право, публічне управління та адміністрування, no. 2 (January 5, 2022): 40–44. http://dx.doi.org/10.54929/pmtl-issue2-2021-08.
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The specifics of the norm of the constitutional law of Ukraine in the context of enshrining in it the basic provisions of the constitutional and legal status of a person and a citizen are revealed. It is pointed out that the multifaceted system of constitutional law of Ukraine and all its structural elements consist of the norms of constitutional law. The latter are the basis of the institutions of constitutional law, as well as other parts of the system of constitutional law - natural and positive, general and special part, substantive and procedural, international and national, and so on. That is, the system of constitutional law of Ukraine cannot exist outside its normative dimension. In addition, law, and later its system, were formed on the basis of legal norms, which have historically stood out from other social norms - religious, moral, ethical, cultural, and so on. It is noted that the position of the general theory of constitutional law, the study of the constitutional and legal status of man and citizen is closely related to the problem of determining the subject of constitutional law on the legal status of man and citizen. In this sense, in the science of constitutional law, there are at least two ways to answer the question. One of them as a subject of constitutional law interprets only the basic principles of the constitutional and legal status of man, and the other to the subject of the science of constitutional law also adds the problems of protection and maintenance of the constitutional and legal status of man and citizen. On the other hand, the coverage of the problems of the constitutional and legal status of man and citizen has a purely methodological relevance. The establishment of the foundations of the legal status of a person by the Constitution of Ukraine marked the beginning of the process of compiling a new type of legal culture of our state and its citizens. At the same time, it is the principles of the legal status of a person, formed outside the very institution of the constitutional status of a person, that bring to it the meaning that necessitates truly historical changes in our society.
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Hoesein, Zainal Arifin, Pathorang Halim, and Arifuddin Arifuddin. "State Ethics as the Basicof Legal Policy for Handling of Covid-19 in Indonesia." International Journal of Criminology and Sociology 10 (December 31, 2020): 244–48. http://dx.doi.org/10.6000/1929-4409.2021.10.29.
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The Covid-19 pandemic has created emergencies in all sectors of life around the world. In this context, this study seeks to evaluate the important role of state officials and administrators' ethics as the basis for legal policy in handling Covid-19 in Indonesia. By using a descriptive method with a conceptual approach based on normative-juridical analysis, the results of the study show that law-making and policy implementation in handling Covid-19 should be based on an agreement of ethical, moral, and basic norms as basic legal values. In this context, the constitution must be used as the basis for ethics and moral values in which all State policies as outlined in the form of laws are guided by and by the 1945 Constitution. The conclusions of this study underline the implementation of ethics following the state constitution and theoretically contribute to the constitutional aspect in public policy where policy decisions on handling Covid-19 must remain following the constitution.
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Lapaeva, Valentina V. "Preimplantation and prenatal genetic diagnostics in Russian Federation: ethical and legal issues." RUDN Journal of Law 25, no. 1 (December 15, 2021): 179–97. http://dx.doi.org/10.22363/2313-2337-2021-25-1-179-197.
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The topicality of the article is due to the strategy of transition to personalized medicine in Russia, based, among other things, on technologies of preimplantation and prenatal genetic diagnostics. The purpose of the article is to analyze the main directions of ethical and legal support for the development of these technologies. The work is based on the study of relevant international regulations, foreign and Russian legislation using the methods of legal-dogmatic and philosophical-legal analysis. The article substantiates the need for a clearer distinction between legal and moral-religious approaches to regulating relations in applying these technologies. The task is to find legal structures that can take into account the moral aspects of the problem without replacing legal regulation with an appeal to moral and religious values and norms. An example of this approach is the development of a legal regime for manipulations with embryo in vitro, in which the necessary legal protection of the embryo is provided by recognizing its special ontological status as a constitutional value of the common good. From these positions, the author identifies a range of issues that should form the organizational and legal context necessary to ensure adequate guarantees of human rights in the field of application of the considered genetic technologies. The legal regulation of this range of issues should be fixed in a special federal law on genetic testing.
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Fadel, Mohammad. "The True, the Good and the Reasonable: The Theological and Ethical Roots of Public Reason in Islamic Law." Canadian Journal of Law & Jurisprudence 21, no. 1 (January 2008): 5–69. http://dx.doi.org/10.1017/s084182090000432x.
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The events of September 11, 2001 and the subsequent declaration of an open-ended “war on terror” have given a new urgency to long-standing discussions of the relationship of Islam to liberalism. In order to avoid the polemics that characterize much of the writing in the “Islam/Liberalism” genre, this Article proposes to use the framework set forth in John Rawls’ Political Liberalism to examine the grounds on which Muslim citizens of a liberal state could participate in a Rawlsian overlapping consensus. An overlapping consensus according to Rawls arises among citizens in a politically liberal state when they - despite holding incompatible theories of the good - each endorse the constitutional essentials of a politically liberal state for reasons within their own comprehensive religious or philosophical doctrines. This Article argues that the basis on which orthodox Muslims can participate in such an overlapping consensus can be found in Islamic theology and ethics. Because theology and ethics comprise the fundamental commitments of orthodox Islam, the political commitments set forth in Islamic substantive law which are inconsistent with constitutional essentials must be interpreted in light of those commitments. After describing orthodox Islam’s theological and ethical commitments to rational theological and moral inquiry, the Article argues that such commitments implicitly require political institutions that allow free theological and ethical inquiry. The Article illustrates this aspect of Islam by describing the development of a system of intra-Muslim normative pluralism in which the existence of conflicting ethical judgments was accepted as a legitimate and inevitable product of moral reasoning. The existence of normative pluralism in the realm of ethics, in turn, made the project of a legal system derived entirely from revelation an epistemological impossibility. The result was that Islamic substantive law was forced to adopt non-theological modes of justification. The Article argues that, in the course of so doing, Muslim jurists made appeals to what Rawls would deem to be public reason. The Article concludes with a series of examples from Islamic substantive law that illustrate the ways in which the pre-modern Islamic legal system represents a qualified form of public reason, consistent with the public culture of a liberal democracy.
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Chornenka, D. S. "The right to life and the right to health: the fundamental principles of transplantology in constitutional law." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 439–43. http://dx.doi.org/10.33663/2524-017x-2022-13-70.
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The article examines basic human rights. Among the fundamental and inalienable human rights is the right to life. Yes, Art. 27 of the Constitution of Ukraine guarantees everyone an inalienable right to life. It states that no one can be arbitrarily deprived of life. The duty of the state is to protect human life. This right is closely related to human health. It is emphasized that human life depends on the state of its health. Often health is a major component for conservation and prolonged life. Accordingly, organ transplantation, as a way of saving life, is especially important, and therefore the problems of transplanting organs and tissues are drawn by scientists, and not only from the medical sphere. Transplantation of organs and tissues of the human body is one of the most promising and at the same time quite in demand of modern medicine, which has made it possible to treat a number of serious diseases. Transplantation of organs and tissues, as a means of real assistance to patients who need it, has a number of characteristic features that distinguish this method from other medicinal effects. This is due to the presence of a donor-a person who in most cases does not require medical care, as well as problems of moral and ethical and general legal content. These circumstances substantiate the importance and need to regulate public relations in the field of transplantology. It is emphasized that the analysis of the norms in force in this area shows that many issues of transplantation of organs and tissues are either not regulated at all or need to improve legal regulation. The legal aspects of the problem of organ and tissue transplantation are extremely relevant. That is why transplantology as a science of transplanting organs and (or) tissues of a person should be based on the law, which is based on the protection of fundamental rights, freedoms and human dignity of every citizen. From the point of view of ethics, the problem of transplantology differs significantly depending on whether it is about the sampling of organs and tissues for transplanting organs in a living person or from the body of the dead. Solving these ethical problems depends largely on the state of legislation in the state, including constitutional ones. Key words: human rights, right to life, right to health, somatic rights, transplantation, recipient, donor, legal regulation of donation, health care, human body, human body tissues.
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Savushkin, S. "Legislative aspects of interaction between the state and religious organizations." Voprosy kul'turologii (Issues of Cultural Studies), no. 2 (February 1, 2020): 67–72. http://dx.doi.org/10.33920/nik-01-2002-07.
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In this paper we write about the relationship of religious and moral traditions and the state regulatory apparatus. The significant place of religion in the Constitution and legislative acts of Russia and other countries is emphasized. The work deals with some aspects of the Federal law "On freedom of conscience and religion" and the danger of missionary expansion from the outside. Religion is not only a part of the spiritual life of the country, a source of ethical norms, but also a serious political factor. Through non-cultural religious groups, the country may weaken and lose its state sovereignty. In Russia, statehood was formed on the basis of the traditions of the Orthodox Church, so the opportunities in the development of the Russian state largely depend on its well-being. Qualitative and balanced stateconfessional relations are the basis of Russia's spiritual security.
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Morse, Stephen J. "Preventive Confinement of Dangerous Offenders." Journal of Law, Medicine & Ethics 32, no. 1 (2004): 56–72. http://dx.doi.org/10.1111/j.1748-720x.2004.tb00449.x.
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How to respond justly to the dangers persistent violent offenders present is a vexing moral and legal issue. On the one hand, we wish to reduce predation; on the other, we want to treat predators fairly. The central theme of this paper is that it is difficult to achieve both goals without compromising one of them, and that both are being seriously undermined. I begin by explaining the legal theory, doctrine and practice governing dangerous offenders (DO) and demonstrate that the law leaves a gap in the ability to confine them. Next I explore the means by which the law has overtly or covertly sought to fill the gap. Many of these measures, especially the new form of civil commitment for sexual predators, dangerously conflate moral and medical categories. I conclude that pure preventive detention is more common than we usually assume, but that this practice violates fundamental assumptions concerning liberty under the American constitutional regime.
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Revina, I. V., and I. N. Chebotareva. "DISCREDITATION OF THE DEFENDER'S WORK AS A PROTECTIVE VERSION: PROCEDURAL AND ETHICAL ASPECT." Proceedings of the Southwest State University 21, no. 6 (December 28, 2017): 160–72. http://dx.doi.org/10.21869/2223-1560-2017-21-6-160-172.
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The problem of creating proper safeguards to ensure attorney-client privilege has always attracted the attention of lawyers, as this Institute is the basis of advocacy. The issues of preservation in secret from third parties information notified to the client in confidence to his attorney are solved first of all at the legislative level. Thus, the Russian legislation on advocacy and the legal profession establishes the legal profession as a fundamental basis for the profession of lawyers and also obliges lawyers to enforce it. Paragraraph 1 of Article 8 of the Federal Law of the Russian Federation "On advocacy in the legal profession in the Russian Federation", as well as p. 5 Article 6 of the Code of Professional Ethics of a lawyer determine the subject of the privilege. As a guarantee of its securing p.2 Article 8 of the Law on Advocacy indicates the impossibility of calling a lawyer and his interrogation as a witness about the circumstances that have become known to him in connection with the provision of legal assistance. In accordance with the legal position of the Constitutional Court of the Russian Federation on this issue, expressed in a number of decisions and definitions, the state is obliged to ensure at the legislative level and in law enforcement, such conditions for the exercise by citizens of the right to qualified legal assistance and for effective implementation by lawyers of activities to provide it, under which the citizen has the opportunity to freely disclose to the lawyer confidential information, and the lawyer in turn - the opportunity to prevent its disclosure. At the same time the requirement of confidentiality is the basis of a trust relationship between a lawyer and a client, covers any range of information provided both directly by the client and obtained independently by a lawyer during the provision of legal assistance and it is not limited in time. In the aspect of the above, the question of the possible limits, subjects and grounds for its disclosure, admissible criteria from the point of view of both legal and moral bases is very acute. The article focuses on the importance and relevance to the practice of law Institute attorney-client privilege, allowed its disclosure in light of changes in the existing criminal-procedural legislation, in particular, during the questioning of counsel, previously provided legal assistance in criminal proceedings with the aim of establishing procedural violations of investigative actions with his participation . The authors carry out a comparative analysis of the rules of legal and ethical regulation of this institution; generalize disciplinary practice of lawyer chambers of the subjects of the Russian Federation; emphasize the procedural contradictions in this aspect. The conclusions and proposals made in the work are aimed at improving the current legislation of the Russian Federation and law enforcement practice and can also be used in the educational process.
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Kharkivskyi, Valerii. "CONTROVERSIAL LEGAL BASIS FOR FORMING IN FUTURE MEDICAL INDUSTRY SPECIALISTS THE IDEAOFPATIENTS’ RIGHTS PROTECTION WHEN CARRYING OUT MEDICAL RESEARCH." Scientific journal of Khortytsia National Academy, no. 2021-4 (December 4, 2021): 88–96. http://dx.doi.org/10.51706/2707-3076-2021-4-8.
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A number of scientific medical publications on the legal support of the medical field is analyzed. The historical aspect of treatment and protection of patients' rights from Antiquity to the present is characterized. The use of experiments by modern theorists and practitioners of medical discoveries, in particular regarding the treatment of diseases, prevention of risks of their spread or complications is substantiated. The author of the article presents and analyzes a number of legal documents, acts of different levels and legal nature, which protect the rights ofa patient during medical research. The groups of rights and responsibilities of patients during participation in medical researches according to their main purpose are defined. The article analyzes the draft law "On Protection of Patients' Rights" by Yu. Karakaiev, which emphasizes the values of medical ethics and identifies mechanisms for the implementation of constitutional rights of citizens to health care and medical care. Article 9 of the Law ‘On the Protection of Patients' Rights’ states "the patient's right to freedom of choice", so every patient has the right to make an informed choice during treatment, as their rights are governed by both mandatory acts and recommendations. The key responsibilities of medical practitioners have been identified, including health and safety of life, privacy and confidentiality. The author draws attention to the need to adhere to the concept of informed patient consent to participate in the study.It was found out that for future specialists in medical field the formation of the idea of protecting the rights of patients during medical research should be based on generally accepted principles, moral and ethical values. The principles of medical care oblige future medical professionals to act for the benefit of their patients, not to cause harm, to prescribe treatment, to ensure that professional activities meet modern standards. Future specialists in the medical field must adhere to the main goal of professional medical activity in order to protect the rights and interests of patients and other professionals in the field. It is determined that human rights are a priority for human development. The scientist proves that although a large number of legal documents have been created regarding the protection of patients' rights, the issue of human health remains and will be relevant in the future.
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Khamitova, G. M. "Some challenges in legal regulation of the minor patients rights and freedoms." Kazan medical journal 96, no. 6 (December 15, 2015): 1054–57. http://dx.doi.org/10.17750/kmj2015-1054.
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The problem of securing and protecting the citizens rights for the medical care delivery in the existing legislation is one of the most relevant in the modern Russian law. In domestic legislation the right to health and medical care is primarily enshrined in the Constitution of the Russian Federation. For example, the article 41 establishes the right to get free medical care in accordance with the state guarantees program of free medical care delivery to citizens, and to receive paid medical and other services. However, there are some peculiarities and problems of these rights implementation in minor patients. This article is devoted to the analysis of this problem certain aspects. In particular, it raises questions on the patient’s right to get information about his/her health status, enshrined in the Fundamentals (article 19) and the Law of the Russian Federation «On Protection of Consumers’ Rights of 07.02.1992». Quite controversial is the situation when the legal representatives of a minor under the age of 15 years strongly refuse medical intervention and hospital insists on it. Considering the features of the right ofminors to confidentiality, it should be noted that providing the information constituting patient’s confidentiality to legal representatives is not stipulated by the national medical legislation standards in case of minors over 15 years old. However, it should be taken into account that in case of harm infliction to a minor or unlawful interference with the minor’s health, the latters not having full legal capacity, are not able to protect themselves. Also in the current legislation in the field of donation and transplantation the problem of the minors lifetime donation regulation remains unsolved. In summary, it should be noted that, despite the relative development of the legislation on the minor patients rights, in reality unusual situations that create psychological, moral and ethical problems for doctors occur quite often.
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Гончарук, Н. Т., and Л. В. Прудиус. "Formation and Development in Integral Competences of Local Council Deputies in Ukraine: Legal Aspects." Public administration aspects 7, no. 9-10 (November 25, 2019): 40–52. http://dx.doi.org/10.15421/151947.
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The legal aspects of formation and development if integral competence of local council deputies are analyzed in the article.There has been defined the concept of "integral competence of local council deputies such as knowledge, skills, capacities, and sometimes - other important qualities, ways and methods of their implementation into the activities of the local council deputies which are necessary for the successful and responsible fulfillment of their tasks and responsibilities. It has been determined that the profile of integral (pro-active, business-like) competence of local council deputies in Ukraine includes law-making, administrative and jurisdictional (organizational, executive, administrative, coordinative), control and supervisory, informational and analytical; economic (budgetary and planning, etc.), value-oriented (moral and ethical), social and psychological with communicative and consulting competences. The profile is designed mainly for the creative type of activity. The necessity to develop knowledge, skills and capacities of local council deputies to solve urgent problems of local self-government related to decentralization reform has been substantiated.It has been proved that the local council deputy must be highly professional in his/her field, capable to control changes, develop leadership skills, take risks, meet challenges of today. It has been emphasized necessary to provide continuous professional training to local council deputies for their mobility, prompt and effective response to the challenges of society in the context of development the paradigm shift within the state administration and local self-government.It is concluded that ensuring the effective activity of a local council deputy depends directly on his level of integral competence increasing through the vocational training. Leadership is an important component of integral competence. Leadership features include open-mindness and responsibility for self-actualization. The legal bases of formation and development of integral competence of the local councils deputies. There has been investigated defined by the Constitution of Ukraine, laws of Ukraine "On local self-government in Ukraine", "On the status of the local councils deputies " - concerning the content of the profile of integrative competence of local councils deputies in Ukraine, based on the distinguishing of empowerment and competences of the local self-government body; legislation defining the strategy and main directions of the further development of life-long adult education in Ukraine by means of formal, non-formal and informal education, namely: the National Doctrine of Education Development, the National Strategy for Education Development in Ukraine until 2021, the National Qualifications Framework, the laws of Ukraine “On Professional Development of Employees”, “On Employment of the Population”, “On Higher Education”, “On Education”. It is proved that the existing system of vocational training, based on European standards of education development, plays a key role in the process of the integral competence formation for the local councils deputies, and insurance of their continuous professional training. The have been analyzed the legal foundations of the vocational training system for the local councils deputies, which are defined by the Concept of reforming the system of vocational training for civil servants, heads of local state administrations, their senior deputies and deputies, local self-government officials and of local councils deputies under the date of December 1, 2017 No. 974-p , the plan of actiors for its implementation, as well as the corresponding Regulations on the vocational training system.
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Mamitova, Natalia V. "Moral values of constitutionalism: historical retrospective and modern reality (reflections on the theory of the moral state by S.N. Baburin)." Gosudarstvo i pravo, no. 10 (2022): 63. http://dx.doi.org/10.31857/s102694520019504-5.
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The author of this article continues the discussion that unfolded on the pages of the journal “State and Law” about the monographic study of Professor S.N. Baburin “The Moral State: A Russian perspective on the values of constitutionalism". The article deals with aspects related to the moral and national-cultural values of constitutionalism. The study is conducted in a historical retrospective, affecting the ideas of the formation of constitutionalism, the formation of constitutional legal consciousness, the formation of constitutional institutions. The article raises a number of modern issues related to the constitutional reform of 2020, the formation of a new constitutional model that reflects the state-national identity, the formation of a digital society.
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Muhtadi, Muhtadi, and Indra Perwira. "Redesign of Constitutional Ethics For State Administrator Based on The Value of Pancasila." FIAT JUSTISIA:Jurnal Ilmu Hukum 12, no. 2 (July 30, 2018): 111. http://dx.doi.org/10.25041/fiatjustisia.v12no2.940.
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A constitution is a collective agreement as the foundation and goal to be achieved in the state. Therefore, the constitution not only regulates the fundamental rules of the state but also contains the ethical values that serve as the guiding of the state administrator. However, the spreading of violations of law such as corruption, abuse of authority that ends in the imposition of sanctions justifies the occurrence of incompatibility between the values of the constitutional principle as a reflection of the soul of the nation with the moral obligation of state administrator to implement the values. Using a doctrinal approach, data will be analyzed through the original intent of interpretation, grammatical and systematic law is expected to formulate a new model of constitutional ethics for state administrator based on the value of “Pancasila.” Based on the study of moral and constitutional philosophy with the law interpretation method can be concluded that the ethical values in the 1945 Constitution requires that state administrator base their deeds on the moral deity who respects the values of human civilization as Indonesian citizens, and humans in general with the priority of Indonesian unity above all interests and classes in order to achieve the ideals of social justice based on a deliberate-oriented on the great goal of Indonesian independence. To achieve this intention, the formation of ethical standards of the administrator in the constitutional norms through the amendment of the 1945 Constitution which then set a further law which is general and contains normative sanctions. Keywords: Redesign, Constitutional Ethics, State Administrator
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Mbao, Melvin L. M. "Human rights and discrimination: Zambia's constitutional amendment, 1996." Journal of African Law 42, no. 1 (1998): 1–11. http://dx.doi.org/10.1017/s0021855300010469.
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In the leading South African case of The State v. Makwanyane and Mchunu, Ishmail Mohamed, J., (as he then was) with his characteristic eloquence observed that“all Constitutions seek to articulate, with differing degrees of intensity and detail, the shared aspirations of a nation; the values which bind its people, and which discipline its government and its national institutions, the basic premises upon which judicial, legislative and executive power is to be wielded; the Constitutional limits and the conditions upon which that power is to be exercised, the national ethos which defines and regulates that exercise, and the moral and ethical direction which the nation has identified for its future” (at para. 262).
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Oelhafen, Stephan, Settimio Monteverde, and Eva Cignacco. "Exploring moral problems and moral competences in midwifery: A qualitative study." Nursing Ethics 26, no. 5 (March 27, 2018): 1373–86. http://dx.doi.org/10.1177/0969733018761174.
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Background: Most undergraduate midwifery curricula comprise ethics courses to strengthen the moral competences of future midwives. By contrast, surprisingly little is known about the specific moral competences considered to be relevant for midwifery practice. Describing these competences not only depends on generic assumptions about the moral nature of midwifery practice but also reflects which issues practitioners themselves classify as moral. Objective: The goal of this study was to gain insight into the ethical issues midwives encounter in their daily work, the key competences and resources they consider indispensable to understand and deal with them, and to assess phenomena linked to moral distress. Methods: We conducted individual semi-structured interviews with eight midwives and two other health professionals, varying in terms of years of experience and work setting. Interview transcripts were analyzed in an interdisciplinary research group, following thematic analysis. Ethical considerations: This study was not subject to approval according to the Swiss Law on Research with Humans. Participants were informed about the study goals and gave written informed consent prior to participation. Results: External constraints limiting the midwife’s and the patient’s autonomy and resulting interpersonal conflicts were found to be the most relevant ethical issues encountered in clinical practice and were most often associated with moral distress. These conflicts often arise in the context of medical interventions midwives consider as not appropriate and situations in which less experienced midwives in particular observe a lack of both interprofessional communication and trust in their professional competence. Ethical issues related to late abortions or prenatal diagnostics and selective abortions were also frequently addressed, but many midwives involved had learned to cope with them. Discussion: In the light of the ethical issues and factors contributing to phenomena of moral distress, an empirically grounded profile of moral competences is drafted. Curricular implications in the light of possible adaptations within undergraduate midwifery education are critically discussed.
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Byelov, D. M., and M. V. Hromovchuk. "Constitutional and legal principles of status of person: some aspects." Analytical and Comparative Jurisprudence, no. 1 (July 1, 2021): 11–15. http://dx.doi.org/10.24144/2788-6018.2021.01.2.
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The article is devoted to the analysis of scientific approaches to determining the constitutional and legal status of a person. The specifics of the norm of the constitutional law of Ukraine in the context of enshrining in it the basic provisions of the constitutional and legal status of a person and a citizen are revealed.
It is determined that the primary and one of the most important elements of the system of constitutional law of Ukraine is the constitutional law (from the Latin norma - rule, model). The norms of constitutional law as components of the system of constitutional law of Ukraine in their entirety reflect the essence and content of this branch of law. Given this, they are sometimes compared with cells, as the basis of any living organism, biological system.
The content of the legal status of man is determined by all the norms and relations governed by them that arise between the state and man in connection with its actual place in the socio-economic, political and spiritual-moral life of our society. These relations are very diverse, they cover various aspects of life and therefore are governed by the rules of not one, but almost all branches of law.
At the same time, constitutional norms play a special role here. Due to their general regulatory nature, they outline the position of citizens not in any one area of activity, but in its main areas. At the same time, they establish only the most essential, fundamental relations between the state and its citizens in connection with their place in the management of public and state affairs, leaving detailed regulation of such relations to the norms of other industries.
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Swanepoel, CF. "Judicial probity and ethical standards: The Judicial Conduct Tribunal’s decision on Judge President John Hlope." Journal for Juridical Science 46, no. 2 (December 9, 2021): 119–36. http://dx.doi.org/10.18820/24150517/jjs46.i2.6.
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This case note on the Judicial Conduct Tribunal’s (hereinafter, “the tribunal”) decision regarding Judge President John Hlophe (hereinafter, “Hlophe” for the sake of brevity) in April 2021 is prompted not only by the increasing attacks on the South African judiciary, but also by the moral force which underlies the rule of law and the independence of the judiciary as constitutional guarantees.
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Lis-Staranowicz, Dorota, and Wojciech Guzewicz. "Freedoms and Rights Versus Public Morals: Notes on Constitutional Practice in Poland." Baltic Journal of Law & Politics 12, no. 1 (June 1, 2019): 137–54. http://dx.doi.org/10.2478/bjlp-2019-0006.
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Abstract This article does not to seek a universal answer to the question of what morality or public morals are; rather it focuses on the issue of morality as grounds for limiting constitutional rights and freedoms. We narrow the problem to constitutional practice, and in particular to the judgments of the Polish Constitutional Tribunal, which settles disputes centered around the freedom of humans and public morals. Public morals as grounds for limiting personal rights or liberties rarely appear on the Constitutional Tribunal’s docket. The Constitutional Tribunal does not conduct philosophical, moralistic or ethical discussions in search of the meaning of public morals. Judges tend to apply the concept in an intuitive manner. We argue that they limit it to a folk understanding, which may be explained as follows: do good and avoid evil. Judges assign meaning to the public morals clause by referring to their own experiences or seek insight into morality in public opinion polls, which may not be a reliable source of knowledge about what is good and what is evil (the primacy of the “will of the majority”). Two difficult cases await the judgment of the Constitutional Tribunal. Each of them concerns major ethical and moral dilemmas. The first one relates to eugenic abortion, which is legal in Poland under certain conditions, while the second one involves the relationships of homosexual couples, which are not currently subject to legalization. The Constitutional Tribunal is not ready to solve these cases, making uses of public morality as grounds for limiting constitutional rights and freedoms.
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Avdeev, Dmitry A. "Constitutional reform 2020 in Russia and its political and legal consequences (some notes)." Gosudarstvo i pravo, no. 9 (2022): 47. http://dx.doi.org/10.31857/s102694520022224-7.
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The article analyzes not only the process of adoption and entry into force of the 2020 constitutional amendments, but also examines their content, identifies a number of their significant features, and predicts their impact on the further development of the public administration system. The constitutional amendments of 2020 were aimed not only at improving certain aspects of the functioning of public authority, but also at regulating certain areas of the socio-economic, cultural and moral life of Russian society and the state. The features of the organization and activities of the highest bodies of state power are considered, the political and legal significance of the adopted amendments to the Constitution of the Russian Federation and their impact on the system of public power are substantiated, proposals are formulated aimed at improving the existing procedure for introducing constitutional amendments. Assessing the constitutional changes, the author considers them as the beginning of a comprehensive constitutional and legal reform, which has as its purpose the further modernization of the constitutional text up to the adoption of a new Russian Constitution.
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Fontalis, Andreas, Efthymia Prousali, and Kunal Kulkarni. "Euthanasia and assisted dying: what is the current position and what are the key arguments informing the debate?" Journal of the Royal Society of Medicine 111, no. 11 (November 2018): 407–13. http://dx.doi.org/10.1177/0141076818803452.
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Summary Assisted dying is a highly controversial moral issue incorporating both physician-assisted dying (PAD) and voluntary active euthanasia. End-of-life practices are debated in many countries, with assisted dying receiving different consideration across various jurisdictions. In this paper, we provide an analytic framework of the current position and the main arguments related to the rights and moral principles concerning assisted dying. Assisted dying proponents focus on the respect of autonomy, self-determination and forestalling suffering. On the other hand, concerns are raised regarding the interpretation of the constitutional right to life and balancing this with the premise of assisted dying, alongside the impacts of assisted dying on the doctor–patient relationship, which is fundamentally based on trust, mutual respect and the premise of ‘first do no harm’. Our review is underpinning the interpretation of constitutional rights and the Hippocratic Oath with the premise of assisted dying, alongside the impacts of assisted dying on the doctor–patient relationship. Most clinicians remain untrained in such decision making, with fears against crossing key ethical divides. Due to the increasing number of cases of assisted dying and lack of consensus, our review enables the integration of ethical and legal aspects and facilitates decision making.
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Gough, Fionnuala. "Human embryonic stem cell research in Ireland: Ethical and legal issues." Medical Law International 11, no. 4 (December 2011): 262–83. http://dx.doi.org/10.1177/0968533211419124.
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The paper examines the ethical and legal background to the current debate in the Republic of Ireland on the use of human embryos and embryonic stem cells (hESC) for research. How should public policy be formed to balance the potential health benefits of such research against the moral values of 21st century Irish society? The legislature has failed to address the constitutional ambiguities that have contributed to the current uncertainty as to the legal position of hESC research in Ireland. In view of the challenges posed by hESC research, it is argued that an appropriate regulatory framework should be adopted in Ireland, which will bring a degree of certainty as to what is and is not permitted. In adopting such a framework, it is suggested that hESC research should be permitted on donated supernumerary embryos up to day-14 post fertilisation.
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Pozen, David, and Adam Samaha. "Anti-Modalities." Michigan Law Review, no. 119.4 (2021): 729. http://dx.doi.org/10.36644/mlr.119.4.anti-modalities.
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Constitutional argument runs on the rails of “modalities.” These are the accepted categories of reasoning used to make claims about the content of supreme law. Some of the modalities, such as ethical and prudential arguments, seem strikingly open ended at first sight. Their contours come into clearer view, however, when we attend to the kinds of claims that are not made by constitutional interpreters—the analytical and rhetorical moves that are familiar in debates over public policy and political morality but are considered out of bounds in debates over constitutional meaning. In this Article, we seek to identify the “anti-modalities” of constitutional law and to investigate their implications. The anti-modalities both stabilize and undermine the modalities. On the one hand, they work in tandem to ensure that constitutional interpretation remains a distinctive legal enterprise. The two argument bundles are in this sense mutually reinforcing, even co-constitutive. On the other hand, by ruling out various important categories of reasoning—from general moral theory to emotional judgment to many cost-benefit calculations—the anti-modalities put continuous pressure on the modalities to accommodate such reasoning in adulterated forms, or else insist on a long distance between the inputs into supreme law and the concerns that most people care about. We call this distance constitutional law’s “resonance gap.” Such a gap arises in all areas of law, but it is especially pronounced in the constitutional realm. Although the anti-modalities play a critical role in preserving the law/politics distinction, they have deleterious consequences for each side of that line. The best response, this Article suggests, is not necessarily to narrow the resonance gap but rather to narrow the domain of constitutional law. If constitutional argument must exclude (or purport to exclude) vital modes of reasoning, we might worry less about refining its grammar and more about restricting its reach.
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Canick, Simon M. "Constitutional Aspects of Physician-Assisted Suicide After Lee v. Oregon." American Journal of Law & Medicine 23, no. 1 (1997): 69–96. http://dx.doi.org/10.1017/s0098858800010613.
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Dying is personal. And it is profound. For many, the thought of an ignoble end, steeped in decay, is abhorrent. A quiet, proud death, bodily integrity intact, is a matter of extreme consequence.—Justice William BrennanTwo recent circuit court decisions have reinvigorated the debate over the constitutional, practical and ethical ramifications of physician-assisted suicide. In Compassion in Dying v. Washington, the Ninth Circuit Court of Appeals held that a liberty interest exists in choosing the time and manner of one’s death. The court found this right to outweigh all asserted state interests, and concluded that, with respect to competent, terminally ill adults, Washington’s prohibition of assisted suicide violates the Due Process Clause of the U.S. Constitution. The ruling effectively strikes down laws against assisted suicide in all of the states in the Ninth Circuit.In April 1996, in Quill v. Vacco, the Second Circuit Court of Appeals held that New York’s prohibition of assisted suicide violates the U.S. Constitution’s Equal Protection Clause.
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Clayton, Ellen Wright. "Legal and Ethical Commentary: The Dangers of Reading Duty Too Broadly." Journal of Law, Medicine & Ethics 25, no. 1 (1997): 19–21. http://dx.doi.org/10.1111/j.1748-720x.1997.tb01391.x.
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The term duty is used in philosophy and law to de scribe the obligation one person owes to another. Yet what these two disciplines mean by duty often differs. Perhaps even more important, a determination by the law that a duty exists has different social consequences than does a similar assessment by philosophy Moral or ethical obligations between individuals make living in society possible, but breach of these obligations usually results only in social opprobrium, personal guilt, or shame. A legal duty, by contrast, enables a person to use the power of the state to enforce claims against another, either by injunction to make the duty-ower fulfill his/her responsibilities or more commonly by award of damages in the event the duty-ower fails to meet these obligations. In some cases, society itself chooses to impose criminal penalties on those who fail to meet certain important obligations.The use of the term duty in both disciplines creates the temptation to extend a definition formulated in one setting to the other discourse. Ronald Green does not bite this apple, but his efforts to draw on the law to support his moral arguments, while not clearly identifying the distinctions between legal and moral obligations, may make it easier for others to see moral and legal duties as the same. Yielding to the enticement to equate moral and legal duties can lead to a host of difficulties. My purpose here is to demonstrate why the duties and privileges proposed by Professor Green are not and should not be adopted and enforced by the law.
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Terec-Vlad, Loredana. "General Considerations on International Human Rights Law in the Context of New Technologies." Journal for Social Media Inquiry 4, no. 1 (September 2, 2022): 41–47. http://dx.doi.org/10.18662/jsmi/4.1/26.
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Throughout history, man has been presented to us, on the one hand, as a barbarian, and on the other hand, a being endowed with reason, capable of carrying out actions for the benefit of his fellows etc. Man is the only moral being, the only rational being, therefore is often the subject of the most controversial situations that history could register over time. In this paper we will analyze the situation of the natural person in international law (Barbu, 2015a, 2015b), emphasizing a series of relevant aspects for contemporary times, aspects that, in the context of new human bioenhancement technologies, invite us to reflection, to critical thinking and establishing a moral/ethical/legal attitude.
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Perry, Joshua E., Ilene N. Moore, Bruce Barry, Ellen Wright Clayton, and Amanda R. Carrico. "The Ethical Health Lawyer: An Empirical Assessment of Moral Decision Making." Journal of Law, Medicine & Ethics 37, no. 3 (2009): 461–75. http://dx.doi.org/10.1111/j.1748-720x.2009.00407.x.
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The empirical literature exploring lawyers and their moral decision making is limited despite the “crisis” of unethical and unprofessional behavior in the bar that has been well documented for over a decade. In particular we are unaware of any empirical studies that investigate the moral landscape of the health lawyer’s practice. In an effort to address this gap in the literature, an interdisciplinary team of researchers at Vanderbilt University designed an empirical study to gather preliminary evidence regarding the moral reasoning of health care attorneys. The primary research question was how health lawyers respond when they encounter ethical or moral dilemmas in their practice for which the law fails to offer a bright-line solution. In exploring this question, we sought to understand better what motivations or influences guide action when health lawyers confront ethical quandaries, and whether there are specific differences, e.g., gender, experience, or religiosity, that are associated with specific responses to situations testing ethical or moral boundaries.
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Gostin, Larry. "A Moment in Human Development: Legal Protection, Ethical Standards and Social Policy on the Selective Non-Treatment of Handicapped Neonates." American Journal of Law & Medicine 11, no. 1 (1985): 31–78. http://dx.doi.org/10.1017/s0098858800009126.
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AbstractSelective non-treatment decisions involving severely handicapped neonates have recently come under renewed judicial and legislative scrutiny. In this Article, the Author examines the legal, ethical and social considerations attendant to the non-treatment decision. In Part II of this Article the Author discusses the predominant ethical viewpoints relating to this issue and proposes a new moral standard based on personal interests. Part III presents a survey of the jurisprudence relating to selective non-treatment decisions. Parts IV and V of this Article provide a critical examination of the recently enacted Child Abuse Amendments of 1984, a federal legislative initiative designed to regulate treatment decisions relating to handicapped infants. The Author suggests that the ethical standards and treatment criteria proposed in this Article may prove useful to courts seeking to balance the handicapped neonate's constitutional right to privacy with the requirements of the new federal law.
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McLean, Sheila A. M., and Dieter Giesen. "Legal and Ethical Considerations of the Human Genome Project." Medical Law International 1, no. 2 (March 1994): 159–75. http://dx.doi.org/10.1177/096853329400100202.
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This article seeks to highlight some of the more important ethical and legal issues raised by the Human Genome Project. It is recognized that hithertofore ethical control over the pace and scope of scientific progress has been only partly successful, due largely to the resistance of the professionals involved to outside interference and to the ineffectiveness of self-monitoring. The Human Genome Project has the potential to alter the lives of individuals and the structure of human society as a whole. It is essential therefore that individuals be empowered through the application and development of existing heads of liability in constitutional and private law to effect at least some of the necessary control. The transnational aspects of the project and the ethical and legal issues which it raises are also stressed.
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Nikita, Maria, Anastasia Michailaki, Fereniki Panagopoulou Koutnatzi, and Maria Bottis. "General Data Protection Regulation: new ethical and constitutional aspects, along with new challenges to information law." International Journal of Technology Policy and Law 3, no. 2 (2019): 172. http://dx.doi.org/10.1504/ijtpl.2019.10026666.
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Bottis, Maria, Fereniki Panagopoulou Koutnatzi, Anastasia Michailaki, and Maria Nikita. "General Data Protection Regulation: new ethical and constitutional aspects, along with new challenges to information law." International Journal of Technology Policy and Law 3, no. 2 (2019): 172. http://dx.doi.org/10.1504/ijtpl.2019.104951.
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Laranja, Anselmo Laghi, and João Maurício Adeodato. "DIREITO E MORAL NO ESTADO CONSTITUCIONAL: AUTONOMIA JURÍDICA NA TEORIA SISTÊMICA DE NIKLAS LUHMANN -- LAW AND ETHICS IN CONSTITUTIONAL STATE: JURIDICAL AUTONOMY IN NIKLAS’ SYSTEMIC THEORY." Espaço Jurídico Journal of Law [EJJL] 17, no. 2 (August 31, 2016): 449–76. http://dx.doi.org/10.18593/ejjl.v17i2.9638.
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No presente artigo, teve-se como objetivo a reflexão acerca da reaproximação entre os valores morais e o Direito a partir da teoria dos sistemas de Niklas Luhmann. Assim, utiliza-se a teoria sistêmica para compreender o fenômeno de positivação dos direitos humanos, que se dizem fruto da natureza humana e anteriores ao próprio sistema jurídico. Pretende-se, com isso, discutir como tem sido essa nova dinâmica do Direito com o meio e até que ponto há perda de sua autonomia (encerramento operativo) e sua diferenciação. Como resultado, reconheceu-se a importância da compreensão que se tem acerca dos princípios jurídicos, aspecto basilar para se saber se os ideais de justiça e dignidade incorporados nos textos jurídicos geraram uma desdiferenciação entre Direito e moral, retirando por completo a autonomia do Direito, ou se geraram um reforço na comunicação entre os dois subsistemas, o que preservaria a diferenciação e, consequentemente, a independência do subsistema do Direito.Palavras-chave: Teoria dos sistemas. Moral. Direitos humanos. Desdiferenciação. Autonomia.
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Nowosad, Sławomir. "Christian Martyrdom Never Expires: Some Theological and Ethical Aspects of Obedience usque ad sanguinem." Seminare. Poszukiwania naukowe 39, no. 4 (October 28, 2022): 21–30. http://dx.doi.org/10.21852/sem.2018.4.02.
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Both in the past and today an act of bearing witness to faith in God through martyrdom has been a unique sign and testimony of love for Christ who himself was obedient to the Father usque ad mortem. It is at the same time a clear judgment against those cultures, which acknowledge odium fidei. In his moral encyclical Veritatis Splendor John Paul II points to several arguments in order to emphasize that the way of martyrdom has lost none of its relevance and significance for Christians nowadays. The Pope’s claim is grounded on the fact that “faith possesses a moral content” and so it is false to separate faith (credenda) from moral life (agenda) of those who believe. Consequently, in particular circumstances Christians are called to be ready to lay their lives both for love of God and acceptance of his commandments. Through imitating their Lord usque ad sanguinem his disciples demonstrate and defend their human dignity received from the Creator, the holiness of God’s law as well as the holiness of the Church.
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Luhur Prianto, Andi, Achmad Nurmandi, Zuly Qodir, and Hasse Jubba. "Climate change and religion: from ethics to sustainability action." E3S Web of Conferences 277 (2021): 06011. http://dx.doi.org/10.1051/e3sconf/202127706011.
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This library research aims to: 1) explore the ethical aspects of the environment in climate change events, 2) map the moral values and philosophy of religion in climate change actions, 3) integrate the ethical, moral and philosophical aspects of religion by presenting new knowledge in sustainability actions. In this study, there are three concepts of environmental ethics, namely, the anthropocentric view, ecocentrism view, and religious, moral view. The anthropocentric view makes humans own and control natural resources exploitatively. The ecocentrism view places humans and the universe connected in a web of life. Moral religion sees problems born from human consciousness caused by sin and holiness. The way to solve the problems is to follow the “middle way,” which advocates simplicity in consumption and the fulfillment of basic human needs. This approach builds a new order by combining the application of technology, law, and global ethics from an anthropocentric perspective—the ecocentrism view with everything having an intrinsic value. For example, the practice of intelligence and meditation uses religious, moral values for sustainable actions. Such as with the experience of various Islamic religion-based organizations in Indonesia.
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Denisov, A. V., V. A. Cheprakova, A. V. Anisin, and S. I. Bezrukov. "Ethical aspects of modern use of animals in experimental studies." Bulletin of the Russian Military Medical Academy 20, no. 3 (December 15, 2018): 238–42. http://dx.doi.org/10.17816/brmma12383.
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Laboratory animals have been widely used in biomedical research for centuries, and there is as much debate about the validity and acceptability of it. Since ancient times there are rules and moral practices, the law fixes the responsibility for the cruel treatment of animals. Currently, developed countries have accepted laws to protect animals, which are implemented through sophisticated mechanisms. Worldwide there is a growing recognition that attention to the observance of animal rights is one of the indicators of the civilization of society. Unfortunately, in Russia, the question of legislative regulation of moral concepts of animal treatment is highly relevant. Currently, in our country, there is no an effective system of control and punishment for violations of the rules of treatment of animals, so that the government cannot effectively influence the institutions in which do not apply ethical and legal norms of work with experimental animals. In addition, in the schools of biomedical and veterinary science, not enough attention is paid to the teaching of bioethics and the ethics of experiment on animals, which makes the level of training of graduates not corresponding to the modern requirements of the civilized countries of the world. It is necessary to develop a new modern documentary base in accordance with the spiritual, scientific and legal guidelines adopted throughout the world, which will determine not only the world recognition of domestic scientific research but also will be a clear indicator of the level of development of morality and civilization of Russia.
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Pekshev, A. V. "Bioethics: from Enlightenment to return." Courier of Kutafin Moscow State Law University (MSAL)) 1, no. 8 (November 13, 2021): 53–61. http://dx.doi.org/10.17803/2311-5998.2021.84.8.053-061.
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Based on the concept adopted by the Russian legislator in the field of bioethics, the articleanalyzes aspects of the formation of moral and ethical regulations as a subject of legal regulation, a historical review of the features of the perception by the individual and society of ethical norms as criteria for self-restraint of the possibility of choosing options for lawful or unlawful behavioris given. The transformation of law from the age of enlightenment to the era of return to ethical institutions is shown both in the historical periods of the outgoing era and in the examples of negative law-making of contemporaries, in order to leave the norms of ethics outside the national order.The traditional explanation of the dominance of such an approach to the legal regulation of ethical institutions is reduced to the absence of objects of legal support due to the fact that ethics is not a legal, but a moral one. De facto ethical norms are introduced into the modern legal order of the Russian Federation at the level of law enforcement activities, for example, through the adoption of Codes of Professional Ethics. The expediency of formation in Russia of the National Council on Bioethics and Biosafety is substantiated.
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Ali, Jan A. "A Sociological Analysis of the Understanding, Application, and Importance of Shari’a in Everyday Living of Young Muslims in Sydney." Sociology of Islam 7, no. 2-3 (September 23, 2019): 165–88. http://dx.doi.org/10.1163/22131418-00702001.
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Muslims believe that shari’a is God’s law or a divinely revealed law. In Islamic tradition shari’a covers the physical, intellectual, and spiritual needs of human life and comprises a composite of rules of conduct and forms a source of complete guidance towards the right path – siraat al mustaqeem – for the entire humanity. Islam as a complete way of life demands its adherents to follow and carry out the injunctions of the shari’a in all aspects of life. However, Muslims in Australia are a part of a modern secular nation-state which operates under common law system and its constitution demands a separation of church and state. It is in this context this paper sociologically examines the understanding and application of shari’a in Muslim everyday living. It posits that despite the secular nature of Australian state, Muslims are able to implement shari’a in their everyday-living as it is an essential source of guidance for them and forms the basis of being a “good” Muslim. Muslims don’t demand the constitutionalization of shari’a but a wider recognition of it in Australia as it continues to be important and the foundation of their religion, their mode of existence, and ethico-moral structure.
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Bingham, Sarah-Louise. "Refusal of treatment and decision-making capacity." Nursing Ethics 19, no. 1 (January 2012): 167–72. http://dx.doi.org/10.1177/0969733011431925.
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This article explores refusal of medical treatment by adult patients from ethical and legal perspectives. Initially, consequentialist and deontological ethical theory are outlined. The concepts of autonomy, paternalism and competence are described and an overview of Beauchamp and Childress’s principle-based approach to moral reasoning is given. Relevant common law is discussed and the provisions of the Mental Capacity Act 2005 in assessing competence is evaluated. In order to demonstrate the consideration of moral issues in clinical practice, ethical theory is applied to two well-known incidents: the case of Re MB, where doubt over decision-making capacity led to a paternalistic act to override a patient’s choice; and the death of Emma Gough, a situation where respect for autonomy prevailed when healthcare staff acted lawfully in following a patient’s refusal of life-saving treatment. Finally, guidance from regulatory bodies on the roles and responsibilities of health professionals in relation to this topic are considered.
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PARIS, JOHN J. "Harmless Error and Other Forays into Bioethics." Cambridge Quarterly of Healthcare Ethics 11, no. 4 (August 29, 2002): 353–58. http://dx.doi.org/10.1017/s0963180102114083.
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How does a self-described “simple teacher of religion” at the College of the Holy Cross get involved in bioethics? Nothing in my training or experience had prepared me for involvement in medicine. Much like that of my moral theology professor and then mentor, Richard McCormick, my training was in moral theology and social ethics. I also had an abiding interest in the courts and constitutional law. That interest led to a doctoral dissertation at the University of Southern California's Program in Social Ethics on “The Supreme Court's Understanding of Religion in Conscientious Objector Cases.” Interestingly, doctoral work in the late 1960s on the ethical dimension of war was the starting point for other ethicists such as Leroy Walters and James Childress who subsequently became early voices in bioethics.
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Murphy, James Bernard. "Practical Reason and Moral Psychology in Aristotle and Kant." Social Philosophy and Policy 18, no. 2 (2001): 257–99. http://dx.doi.org/10.1017/s0265052500002983.
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For a long time, it seemed that Aristotelians and Kantians had little to say to each other. When Kant the moralist was known in the English-speaking world primarily from his Groundwork and his Critique of Practical Reason, Kant's conceptual vocabulary of “duty,” “law,” “maxim,” and “morality” appeared quite foreign to Aristotle's “virtue,” “end,” “good,” and “character.” Yet ever since philosopher Mary Gregor's Laws of Freedom, published in 1963, made Kant's The Metaphysics of Morals central to the interpretation of his ethical thought, it has become clear that such “Aristotelian” terms as virtue, end, good, happiness, and character are also central to Kant. Aristotelians and Kantians now see that they have plenty to say to each other, and they have gone from being adversaries to sharing a sometimes unprincipled urge to merge central aspects of Aristotle's and Kant's ethical thought.
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Persson, Kirsten, Felicitas Selter, Gerald Neitzke, and Peter Kunzmann. "Philosophy of a “Good Death” in Small Animals and Consequences for Euthanasia in Animal Law and Veterinary Practice." Animals 10, no. 1 (January 13, 2020): 124. http://dx.doi.org/10.3390/ani10010124.
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Moral stress is a major concern in veterinary practice. Often, it is associated with the challenges in end-of-life situations. Euthanasia, however, is also meant to bring relief to animal patients and their owners. The reasons for the moral strain euthanizing animals causes to professional veterinarians need to be further clarified. This article investigates “euthanasia” from a philosophical, legal, and practical perspective. After introducing relevant aspects of euthanasia in small animal practice, the term is analyzed from an ethical point of view. That includes both a broad and a narrow definition of “euthanasia” and underlying assumptions regarding different accounts of animal death and well-being. Then, legal and soft regulations are discussed with regard to the theoretical aspects and practical challenges, also including questions of personal morality. It is argued that the importance of ethical definitions and assumptions concerning euthanasia and their intertwinement with both law and practical challenges should not be neglected. The conclusion is that veterinarians should clarify the reasons for their potential discomfort and that they should be supported by improved decision-making tools, by implementation of theoretical and practical ethics in veterinary education, and by updated animal welfare legislation.
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Englard, Izhak. "Law, Religion, and the Rule of Law from a Normative-Positivistic Perspective." Journal of Law, Religion and State 5, no. 3 (November 22, 2017): 175–84. http://dx.doi.org/10.1163/22124810-00503001.
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The paper starts with an analysis, based on Hans Kelsen’s methodology, about the difference between law and morality and their relationship to religious rules. The difference between law and morality lies in the way they are enforced. Law is backed by a threat of socially organized physical coercion; moral rules lack this sanction. The validity of religious rules is based upon Divine will; but if these rules are adopted by state law, their validity derives from the (secular) legislator. The notion of ‘rule of law’ has two different meanings, a formal and a substantive one. Formally, every state lives under the rule of law (Rechtsstaat, in German). The substantive notion relates to the content of the law, its evaluation from an ethical point of view, based on (subjective) ideological and political assumptions about the requirements of justice. In the context of law and religion, the rule of law is used to establish the correct solution to the conflict between the constitutional principles of individual and collective freedom of religion, freedom from religion and public order. The conflict between law and religion is particularly intense in Israel. The problem is to realize the constitutional program of establishing a state that is both Jewish and democratic-liberal. The traditional Orthodox concept of a Jewish state clashes with the modern notion of a liberal, secular-national state. The solution can and must be found in adapting the religious tradition to the modern reality of a Jewish state, composed of multicultural communities, within the framework of a liberal democracy.
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van der Burg, Wibren, Pieter Ippel, Alex Huibers, Babette de Kanter-Loven, Ina Smalbraak-Schieven, and Laurens van Veenendaal. "The Care of a Good Caregiver: Legal and Ethical Reflections on the Good Healthcare Professional." Cambridge Quarterly of Healthcare Ethics 3, no. 1 (1994): 38–48. http://dx.doi.org/10.1017/s0963180100004692.
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A central concept in Dutch health law is the care of a good caregiver (de zorg van een goed hulpverlener). We find this standard in various (proposed) statutes and in legal doctrine. This concept is, however, vague and open and must be made more concrete in professional practice, in moral theory, and in law. In this article, we explore the implications of this complex standard and analyze what moral philosophy and jurisprudence can contribute to its clarification and implementation in professional practice and law. We start with some reflections on how practitioners see this norm and try to live up to it.
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Ray, Clyde. "John Marshall, Marbury v. Madison, and the Construction of Constitutional Legitimacy." Law, Culture and the Humanities 15, no. 1 (May 27, 2016): 205–26. http://dx.doi.org/10.1177/1743872116650867.
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This study considers Chief Justice John Marshall’s famous opinion in Marbury v. Madison (1803) as a vehicle for investigating contemporary interpretations of both John Marshall and the concept of constitutional legitimacy. In it, I examine how Marshall’s opinion located legitimacy in several aspects of the Constitution, including its protection of rights, its embodiment of the consent of the governed, and its ability to organize and direct national politics. Thus, I suggest that Marshall offers a more comprehensive theory of constitutional legitimacy than many recent conceptualizations. Yet more than simply uniting existing approaches to constitutional legitimacy, I demonstrate that Marbury offers a unique theory of the Constitution’s moral legitimacy as well. This analysis of Marbury invites a new appraisal of Marshall as not only a legal and political thinker, but also a constitutional theorist with a distinctive understanding of the American Constitution and its role in the early years of the republic.
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Nesterov, S. S., and Е. О. Taratukhin. "Constitutional and ethical medical points of view on the importance of hospitalization of a patient with emergency cardiovascular pathology." Russian Journal of Cardiology, no. 9 (September 8, 2019): 57–60. http://dx.doi.org/10.15829/1560-4071-2019-9-57-60.
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The article discusses the constitutional, ethical and medical aspects of hospitalization of patients with a life-threatening cardiovascular event. In itself, a medical condition is a complex biological event with many unpredictable aspects of its own course and adverse events and reactions in case of medical intervention. A doctor, as the central subject of medical care, faces four categories of difficulties: law, organizational, biomedical and ethical. Medical care is regulated by both article 41 of the Constitution of the Russian Federation and departmental acts of the health care system. Actually, doctor as a part of the healthcare system implement this right. The article provides an example of delivered judgment regarding complicated course of acute coronary syndrome. It shows the complexity of the medical situation, that regards the issues of doctor’s legal liability.
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Cay, Debbie. "Contemporary issues in law and ethics: Exploring the family veto for organ donation." Journal of Perioperative Practice 29, no. 11 (January 14, 2019): 361–67. http://dx.doi.org/10.1177/1750458918818998.
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This article explores current issues surrounding the impact of family veto for organ donation in the UK. A critical, reflective analysis of the theoretical, legal and ethical aspects aims to evaluate how the deceased’s explicit wish to donate may be revoked. Under current UK legislation and upon death, money and property are protected; however, the body is not. When investigating personal wishes, interests and decisions must be weighed against the moral legitimacy of the family veto.
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(Mit’ko), Hegumen Serapion. "Moral and applied theological issues of the implementation of constitutional freedoms of conscience and religion." Issues of Theology 3, no. 4 (2021): 581–87. http://dx.doi.org/10.21638/spbu28.2021.410.
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This review examines the main directions of Konstantin Andreev’s, Candidate of Legal Sciences), analysis of modern Russian legislation on freedom of conscience and religious associations, as well as law enforcement practice in his monograph The right to believe in modern Russia (issues of implementing constitutional freedom of religion), which has become one of the few works on this topical issue. In addition, the review addresses issues that arise at the intersection of several research fields: philosophy, theology and law. The high level of the peer-reviewed research, its relevance, theoretical value, scientific significance, and the interdisciplinary nature of the research are noted. The review considers the impossibility of applying legislation in a unified format to different historical and cultural confessional trends. The author’s point of view regarding the implementation of religious constitutional freedoms is contemplated, and it provides possibilities for polemics with the author on the reasons for difficulties in the implementation of constitutional religious freedoms. The review deals with the problems of terminology and legislative regulation of some aspects of missionary activity in the context of the latest adopted federal regulations. The peculiarities of Andreev’s interpretation of the problem of “religious secrets” are pointed out. The value of the work for representatives of several branches of science is indicated.
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Kadivar, Mohsen. "Democracy and ethical values from Islamic perspective." Philosophy & Social Criticism 46, no. 5 (March 13, 2020): 563–75. http://dx.doi.org/10.1177/0191453720909583.
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Inefficiency or inadequateness of Western liberal democracy at home is not the problematic of the rest because they have not experienced it yet! ‘Minimal democracy’ is the problematic of the residents of authoritarian countries. Most of Muslim majority countries are under authoritarian regimes. They struggle to achieve the primary and minimal standards of democracy. The minimal democracy is the necessary condition for providing morality, ethics, justice, fairness, freedom, equality and rule of law. The record of Western liberal democracy for the rest in both periods – colonialism and postcolonialism – is not defendable, neither in support of democracy and human rights abroad nor in support of peace, morality and ethics in the globe. Comparing coexistence of Islam and democracy, Muslim conservatives, Muslim fundamentalists and Orientalists support inconsistency of Islam and democracy, and Muslim reformists advocate their consistency. Almost all of the so-called Islamic law are appropriate to the context of early Islam and do not fit the modern context. According to ethical-based Shari’a, democracy is the best available means for serving the moral purposes of Islam. Democracy offers the greatest potential for promoting justice, protecting human dignity, human freedom and emancipation. In this perspective, Shari’a, that is, ethical virtues, moral norms and standards of life are permanent, immutable, unchangeable and timeless. They are universal aspects of Islam. The Ethical-based Shari’a supports democracy strongly.
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Давидюк, В. М. "Legal and Moral Aspects of Confidential Cooperation between Individuals and Law Enforcement Agencies." Bulletin of Kharkiv National University of Internal Affairs 86, no. 3 (September 24, 2019): 69–79. http://dx.doi.org/10.32631/v.2019.3.07.
Full textAbstract:
The legislative regulation of using confidants in Ukraine, as well as the moral aspects of confidential cooperation between individuals and law enforcement agencies have been analyzed. Some reasons that contributed to the regulation of confidential cooperation at the legislative level have been revealed in the historical retrospective; the correlation of the terms of “assistance” and “cooperation” used in the operative and search legislation has been demonstrated. It has been substantiated that in the course of studying the activities of special forces of operative and search activity it is advisable to use a narrower term of “cooperation”, which reflects the specifics of the activity of such forces. The norms of not secret normative legal acts have been outlined, which enshrined the conceptual bases of work with confidants. The emphasis has been made on the need to regulate not only the rights of the confidants, but also their obligations.
A comparative analysis of the society’s attitude to confidential cooperation in different countries has been conducted. The moral and ethical grounds for involving persons into confidential cooperation have been studied. The author has outlined the essential role of the ideological component in the work of the state apparatus, which influences the attitude of society to confidential cooperation. The interdependence of moral and legal aspects of confidential cooperation has been proved. It has been established that the involvement of persons, from a moral point of view, into confidential cooperation is determined by: the voluntary nature of such involvement; public duty; perception of appropriate cooperation as the assistance to the community for its proper functioning; compulsory use of confidants for the prevention and detection of latent crimes; counteracting aggressive protection of criminal interests; guaranteeing the public interests by saving the costs for law enforcement function, since the use of confidants is more financially effective than attracting additional law enforcement forces and means.
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Antonov, Vladislav Fedorovich. "Values in Legal Regulation." Russian Journal of Legal Studies 6, no. 2 (June 15, 2019): 127–33. http://dx.doi.org/10.17816/rjls18499.
Full textAbstract:
The article is devoted to the axiological aspects of lawful behavior and issues of legislative consolidation of core values in the corresponding regulatory acts. As it is known in the conditions of democratic society a quite large part of legislative requirements is determined by ethical and moral instructions establishing the legality of various courses of actions in a specific situation. Experience has proven that legally valid behavior is inseparably associated with acquiring of wide range of value paradigms underlying the mechanism of legal regulation. In modern conditions law enforcement practice relies on basic moral principles of the society, providing law enforcement and required level of rule of law.The author shows the meaning of value paradigms in different spheres of statutory regulation. Generally when developing legislative acts not only existing social and economic relations but also moral dimensions of social life are considered. In such cases in the course of normative legal acts interpretation law enforcement authorities cater to the corresponding ethical and moral norms specifying regulatory prescriptions. It is mentioned in the article that social ideals, historical and cultural traditions, dominant within collective consciousness are included in the structure of public morality.Any legal system makes an assumption that there is a system of core values ref lecting peculiarities of national culture and existing system of moral regulations. Upon traditional values the system of moral and ethical judgments defining the corresponding regulatory acts is formed. It is customary to understand by public morality a quite extensive complex of communicative relations forming in view of value paradigms depending on existing historical and cultural traditions of specific society. In the democratic society the justice is fulfilled in the light of declared ideals and values providing settlement to local conf licts in different spheres of statutory regulation.
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Martín, Nuria Belloso. "EL NEOCONSTITUCIONALISMO A DEBATE: ENTRE LA PRINCIPIOLOGÍA Y LA ARBITRARIEDAD / DEBATING NEO-CONSTITUTIONALISM: BETWEEN PRINCIPLES AND ARBITRARINESS." Revista da Faculdade de Direito UFPR 59, no. 1 (April 29, 2014): 145. http://dx.doi.org/10.5380/rfdufpr.v59i1.36352.
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La evolución del Estado legalista a un modelo de Estado constitucional ha propiciado una relectura del texto constitucional en clave neoconstitucional. La teoría del neoconstitucionalismo abre algunos interrogantes que serán objeto de análisis tales como el enfoque del neoconstitucionalismo (enfoque estándar o principialista y enfoque positivista o garantista), el concepto y los argumentos a favor y en contra de esta corriente. La autora analizará los principales elementos de discusión en el neoconstitucionalismo, prestando especial atención a tres cuestiones controvertidas. En primer lugar, la conexión de la moral y el Derecho; en segundo lugar, el equilibrio de poderes entre legisladores y jueces y, por último, si la doctrina principiológica da lugar a una mayor grado de justicia o si, por el contrario, acaba desembocando en un sistema arbitrario. Por último, se advertirá el peligro de que un neoconstitucionalismo llevado al extremo puede acabar desembocando en un constitucionalismo ético. PALABRAS CLAVEArbitrariedad. Constitucionalismo ético. Neoconstitucionalismo. Poder judicial. Principiología. ABSTRACTThe evolution from a legalist State model to a constitutional one has led to a re-reading of the constitutional text in a neo-constitutional context. The neo-constitutionalist theory opens some questions that will be analyzed, such as the neo-constitutionalist approach (standard, with a principle-based focus, and guarantor, with a positivist bias), the concept and the arguments for and against such trend. The author will analyze the main elements of discussion on neo-constitutionalism, paying particular attention to three controversial issues. Firstly, the connection between moral and law; secondly, the power balance between legislators and judges, and thirdly, if the principle-based doctrine involves a greater degree of justice, or, quite the opposite, is just leading to an arbitrary system. Finally, the author makes a warning, pointing how the neo-constitutionalism, in its extreme, may turn into an ethical constitutionalism. KEYWORDSArbitrariness. Ethical constitutionalism. Judiciary. Neo-constitutionalism. Principle-based theory.