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Journal articles on the topic 'Moral damage'
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Karanikic-Miric, Marija. "Objectivization of moral damage." Zbornik Matice srpske za drustvene nauke, no. 152 (2015): 487–503. http://dx.doi.org/10.2298/zmsdn1552487k.
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Moral (non-patrimonial) damage in Serbian law includes physical and psychological pain and suffering, and fear of sufficient duration and intensity. This is a purely subjective concept of moral damage: the mere infringement of non-patrimonial rights, or violation of personal goods as objects of these rights, does not constitute moral damage, unless they caused the plaintiff?s physical or psychological pain, or fear, and disturbed his or her mental equilibrium. Objectivization of moral damage is a change in this paradigm, towards the understanding of moral damage as an abstract infringement of a non-patrimonial right of the injured party, irrespective of any pain or fear caused by such infringement. Moral damage exists if personal (non-patrimonial) right, or personal good, or legally protected personal interest is violated, even if the injured party did not suffer any pain or fear due to this violation. Since 2005, Croatian legislator has abandoned the long-standing subjective concept of non-patrimonial damage, and reconceptualized it as an abstract violation of personal rights, including personal rights of legal entities. The Commission appointed to draft the new Civil Code of Serbia considers several modes of either partial or complete objectivization of the concept of moral damage in the prospective codification. In this paper the author examines the reasons for such change, and offers arguments in support of the idea that Serbian legislator should decide on a mixed conception of non-patrimonial damage, that is, to adhere to the existing concept of non-patrimonial damage, but also to allow for a violation of non-patrimonial goods or legally protected interests to be recognized as a type of moral damage, regardless of any psychological suffering coming out of such infringement.
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Ismailbekovich, Babayev Djahongir. "Problems Of Compensation For Moral Damage Caused To The Consumer." American Journal of Political Science Law and Criminology 03, no. 06 (June 12, 2021): 6–12. http://dx.doi.org/10.37547/tajpslc/volume03issue06-02.
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The article examines the problems of compensation for moral damage caused to the consumer by defects in goods, work performed or services rendered. The article analyzes domestic and foreign law enforcement practice on the issues of compensation for moral damage to consumers and points to the absence of clear criteria for determining the amount of moral damage both in the Republic of Uzbekistan and in foreign countries. The article points to the existing disagreements between the plaintiffs and the judges in determining the amount of compensation for non-pecuniary damage. The rights of individuals and legal entities to claim compensation for moral damage are distinguished.
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Mellace, Mariela Esther. "¿Daño moral a un agresor ilegítimo?" Derecho Global. Estudios sobre Derecho y Justicia, no. 2 (March 30, 2016): 173–78. http://dx.doi.org/10.32870/dgedj.v0i2.31.
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Tapia Cornejo, Bruno Alonso Samuel. "Daño moral. Aproximaciones a partir de la doctrina procesal." Vox Juris 40, no. 1 (June 1, 2021): 21–46. http://dx.doi.org/10.24265/voxjuris.2022.v40n1.03.
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Tapia Cornejo, Bruno Alonso Samuel. "Daño moral. Aproximaciones a partir de la doctrina procesal." Vox Juris 40, no. 1 (June 1, 2021): 21–46. http://dx.doi.org/10.24265/voxjuris.2022.v40n1.03.
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Vodopian, T. V. "Compensation for moral damage caused as a result of an injury at work or occupational disease." Legal horizons, no. 18 (2019): 48–55. http://dx.doi.org/10.21272/legalhorizons.2019.i18.p.
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State policy in the field of occupational safety is aimed at creating proper, safe, and healthy working conditions, prevention of accidents and occupational injuries. Despite this, unfortunately, in Ukraine, many injuries, as well as deaths resulting from workplace injuries and illnesses, are recorded annually. According to the requirements of the labor legislation, the owner or his authorized body shall be entrusted with ensuring safe and harmless working conditions. Moral damage caused by workplace injuries and illness issues is governed by the rules of civil law and labor law and social security law. In the event of harm to an employee, the employer has a duty to compensate for material and moral damage, whereby the latter is liable to compensation if the violations of the employee’s legal rights have resulted in moral suffering, loss of normal life ties, and require him / her extra life for organizing. Both the employer and the Social Insurance Fund are subject to compensation for material damage caused to the employee as a result of workplace injuries and illnesses, and only the employer is responsible for moral damage. There are no clear algorithms for calculating the number of moral damages, the lower or the upper limit, and the court must consider the requirements of reasonableness and fairness in determining the number of moral damages. Moral damage is compensated irrespective of the material damage to be recovered and is not related to the amount of such compensation. The amount of moral damage is determined by the court depending on the nature of the offense, the depth of physical and mental suffering, impairment of the victim’s abilities, or deprivation of their ability to realize them, the degree of guilt of the person who caused the moral harm, if the fault is grounds for compensation, and also taking into account other essential circumstances. An analysis of the case-law on claims by persons who have received workplace injuries and illnesses or their close relatives to employers for compensation for moral damage indicates that courts have applied unequal substantive law rules and a large range of amounts recovered for moral damage. Keywords: moral harm, industrial injury, workplace illness, employer, employee.
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Dumberry, Patrick. "Compensation for Moral Damages in Investor-State Arbitration Disputes." Journal of International Arbitration 27, Issue 3 (June 1, 2010): 247–76. http://dx.doi.org/10.54648/joia2010014.
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This article examines the issue of monetary compensation awarded by arbitral tribunals for moral damages suffered by foreign investors in the context of investor–state arbitration. It examines the nature and the function of moral damages in international investment law as well as several controversial issues, including the proper form of reparation to remediate moral damages suffered by a state, whether proof of malicious intent is a necessary condition for a tribunal to award compensation and whether compensation should be limited to cases involving “egregious” or grave treaty violations. The article argues that particularly condemnable governmental actions toward foreign investors will have a bearing on the actual quantification of the amount of compensation to be awarded for moral damages. The goal is not only to remediate the actual damage suffered but also to send a “clear message” to the host state. “La réparation morale contient un élément de châtiment” Hersch Lauterpacht
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Coghlan, Andy. "Brain damage skews our moral compass." New Scientist 206, no. 2754 (March 2010): 10. http://dx.doi.org/10.1016/s0262-4079(10)60762-2.
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Swaminathan, Nikhil. "Brain Damage for Easier Moral Choices." Scientific American 296, no. 6 (June 2007): 36. http://dx.doi.org/10.1038/scientificamerican0607-36b.
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Bohn, Ana Célia, Eliane Chaves Camilo Leite, and Isabel Cristina Bohn Vieira. "DANO MORAL: PROTEÇÃO JURÍDICA À SAÚDE DO TRABALHADOR." Revista Visão: Gestão Organizacional 8, no. 2 (October 8, 2019): 62–78. http://dx.doi.org/10.33362/visao.v8i2.1915.
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Desde a Constituição Federal de 1988, na qual se reconhece a “dignidade da pessoa humana” e os “valores sociais do trabalho” percorre-se um longo caminho até que isso realmente se concretize. Nesta discussão teórica, aborda-se o significado de dano moral, sua importância e seus efeitos na saúde do trabalhador, a atenção jurídica dispensada ao assunto e a banalização do conceito da ofensa à dignidade na busca de recursos indevidos. Quando a ofensa à dignidade se torna passível de indenização de dano moral? Como a justiça do trabalho mensura o dano psicológico? Objetivou-se com o estudo analisar como o dano moral afeta a saúde física e mental, desenvolvendo sintomas silenciosos e graves, podendo levar o trabalhador ao suicídio, e conhecer como a esfera judiciária trabalhista tem tratado o assunto. Buscou-se com essa problemática, por meio da pesquisa bibliográfica com o método indutivo para demonstrar os dispositivos legais utilizados pelos magistrados para julgar casos de dano moral e preservar os direitos personalíssimos do trabalhador.Palavras-Chave: Dano moral. Justiça do trabalho. Saúde do trabalhador. MORAL DAMAGE: LEGAL PROTECTION OF WORKER'S HEALTHAbstract: Since the Federal Constitution of 1988, which recognizes the "dignity of the human person" and the "social values of work", it goes a long way until this really materializes. This theoretical discussion addresses the meaning of moral damage, its importance and its effects on the health of the worker, the legal attention given to the subject and the banalization of the concept of offense to dignity in the search for undue resources. When does the offense against dignity become liable to compensation for moral damages? How does labor justice measure psychological damage? The objective of this study was to analyze how moral damage affects physical and mental health, developing silent and serious symptoms, which can lead the worker to suicide, and to know how the labor judicial sphere has dealt with the subject. We sought this problem through the literature search with the inductive method to demonstrate the legal devices used by magistrates to judge cases of moral damage and preserve the most personal rights of the worker.Keywords: Moral damage. Work justice. Worker's healt.
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Jasser, Karolina. "Rationality, Moral Motivation and Psychopathology." Studies in Global Ethics and Global Education 9 (December 22, 2018): 42–59. http://dx.doi.org/10.5604/01.3001.0012.8147.
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Motivational internalism is a view according to which moral judgments are necessarily motivating. Rationalist internalism (RI) is the most popular version of this view; it limits internalism to people who are practically rational. Motivational internalism, including RI, has been criticized as being incompatible with research into certain personality disorder; in particular psychopathic personality and pathological personality which is the result of damage to the ventromedial prefrontal cortex (shortened to VM damage). In this paper, I argue that many of the features of psychopathic personality and of VM damage, which some philosophers interpreted as direct proof against internalism, should be understood as having an effect on the practical rationality of the patients. This means that these personality disorders cannot be used as counter examples to RI and can, in fact, be seen as supporting RI to some extent . I begin by describing RI. I then turn to I describing the phenomenon of psychopathic personality and VM damage and their philosophically relevant features. Finally I discuss whether the features characterizing psychopathy and VM damage influence the degree to which these disorders can serve as counterexamples to internalism of the rationalist variety.
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Moretto, Giovanna, Elisabetta Làdavas, Flavia Mattioli, and Giuseppe di Pellegrino. "A Psychophysiological Investigation of Moral Judgment after Ventromedial Prefrontal Damage." Journal of Cognitive Neuroscience 22, no. 8 (August 2010): 1888–99. http://dx.doi.org/10.1162/jocn.2009.21367.
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Converging evidence suggests that emotion processing mediated by ventromedial prefrontal cortex (vmPFC) is necessary to prevent personal moral violations. In moral dilemmas, for example, patients with lesions in vmPFC are more willing than normal controls to approve harmful actions that maximize good consequences (e.g., utilitarian moral judgments). Yet, none of the existing studies has measured subjects' emotional responses while they considered moral dilemmas. Therefore, a direct link between emotion processing and moral judgment is still lacking. Here, vmPFC patients and control participants considered moral dilemmas while skin conductance response (SCR) was measured as a somatic index of affective state. Replicating previous evidence, vmPFC patients approved more personal moral violations than did controls. Critically, we found that, unlike control participants, vmPFC patients failed to generate SCRs before endorsing personal moral violations. In addition, such anticipatory SCRs correlated negatively with the frequency of utilitarian judgments in normal participants. These findings provide direct support to the hypothesis that the vmPFC promotes moral behavior by mediating the anticipation of the emotional consequences of personal moral violations.
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Dung, Vo Kim, Dmitriy Aleksandrovich Ivanov, Igor Alekseevich Antonov, Ekaterina Yuryevna Manokhina, Alexander Ivanovich Gaevoy, and Valeriia Valerievna Artemova. "Material and intangible values subject to compensation to a victim of crime in criminal proceedings of the Russian Federation and the Socialist Republic of Vietnam." Cuestiones Políticas 40, no. 72 (March 7, 2022): 875–88. http://dx.doi.org/10.46398/cuestpol.4072.53.
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Using the analytical method, the article discusses issues related to compensation for property damage, moral damage and damage to business reputation caused by a criminal act. To understand the essence of property damage, the following signs of property subject to criminal usurpation are distinguished: physical, legal, and economic. This classification of the attributes of the property makes it possible to determine its legal understanding to create the conditions for compensation for material damage caused by a crime. The hypothesis that corporate reputation is an integral element of a concept such as "moral damage caused by a crime" has been demonstrated. This makes it possible to express the idea of the need to unify the understanding of the essence of moral damage and the possibility of including in its content the damage to the business reputation, as well as a unified approach to the procedure for its compensation in case of a criminal offense. It is concluded that the damage to the business reputation and the moral damage are the same in their essence and content, therefore, when compensating for the damage caused to the business reputation, the rules on compensation for moral damage apply.
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Isanov, Ulugbek Kholmurodovich. "Calculation Of Material And Moral Damage Caused To The Author Of The Composition." American Journal of Political Science Law and Criminology 03, no. 06 (June 12, 2021): 132–40. http://dx.doi.org/10.37547/tajpslc/volume03issue06-20.
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It is known that the protection of intellectual property rights and rights to it is an important factor in the development of this sector, increasing its investment attractiveness. After all, the formation of a class of intellectual property owners and the development of the necessary legal framework pose new challenges to the legal science as a topical issue today.
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Morozov, Andrei Aleksandrovich, and Margarita Olegovna Gudkova. "Formation and Development of Compensation for Moral Damage in Russia." Право и политика, no. 8 (August 2022): 15–27. http://dx.doi.org/10.7256/2454-0706.2022.8.38644.
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The subject of the research in this article is the consideration of the causes of the legal structure of compensation for moral harm, the study of the evolution of the mechanism of legal regulation of the compensation for moral harm in Russia in the Russian Empire, the Soviet Union, modern Russia. The study of the formation of the institution of compensation for moral damage is carried out on the basis of its correlation with the provisions of the Talion principle. The relevance of the research is due to the significance of the study of the peculiarities of the regulation of the civil law mechanism of the institute of moral damage compensation and the need to systematize views on understanding the development of the mechanism of legal regulation of the institute of moral damage compensation in different periods, under different political systems in Russia and, as a result, the division of all periods of legal regulation of the institute of moral damage compensation into several stages. It is also necessary to note the importance of conducting a comparative analysis of the mechanism of compensation for moral damage and the provisions of the talion principle throughout the entire time of their coexistence. The scientific novelty of the research is determined by the goal itself and the results of the work. In the course of the scientific research, the author systematized information about the development of the mechanism of legal regulation of the institute of compensation for moral harm, proposed his classification of the evolution of the mechanism of legal regulation of the institute of compensation for moral harm, consisting of several stages: pre-revolutionary, Soviet, modern, justified his conclusions; analyzed the ratio of the institute of compensation for moral harm and the Talion principle, their role and significance on the during each of the selected stages of the evolution of the legal regulation of the mechanism of compensation for moral damage. The correlation of the mechanism of compensation for moral damage and the talion principle within each study period is analyzed. The position of the institute of compensation for moral damage to the talion principle is determined.
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Harahap, Muharrina, Hera Chairunnisa, Ita Khairani, and Heny Anggreini. "PENDIDIKAN MORAL DALAM CERITA ANAK “SAMOSIR” DAN “KELINCI YANG SERAKAH” BAGI ANAK SEKOLAH DASAR." SCHOOL EDUCATION JOURNAL PGSD FIP UNIMED 12, no. 4 (December 25, 2022): 331–38. http://dx.doi.org/10.24114/sejpgsd.v12i4.40966.
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The purpose of this study was to determine moral education in the children's stories "Samosir" and "The Greedy Rabbit". By knowing the moral education of children's stories, it is clear that these children's stories can build the character and social character of elementary school children; educating the emotional, spiritual, and intelligence of elementary school children. This goal is motivated by the problem that moral education must be presented from an early age to children through children's stories, especially elementary school children. However, not infrequently the children's stories that are presented actually contain values that are far from building morals. Based on this problem, a research was carried out using Clifford Geertz's symbolic interpretive study with a qualitative descriptive method. The results of this study are the children's stories "Samosir" and "The Greedy Rabbit" contain moral education. However, these children's stories can also damage the morale and psyche of children if they are interpreted 'as they are'. Children can be constructed that if they make a mistake, they will receive a very big punishment. This can put pressure on the psyche of children so they are afraid to do something or do something wrong.
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Zakirov, Radik Yu, and Riaz R. Azmukhanov. "Compensation for moral damage: actual problems of theory and practice." Law Нerald of Dagestan State University 43, no. 3 (2022): 98–103. http://dx.doi.org/10.21779/2224-0241-2022-43-3-98-103.
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The article deals with the actual problems of compensation for moral damage arising in theory and judicial practice. In particular, the concept of "moral harm" is considered from the point of view of the expediency of its use to denote physical and moral suffering," the property status of the victim is considered as a criterion for determining the amount of compensation. Judicial practice is also analyzed, the question is raised about the need to supplement the list of cases when citizens have the right to count on compensation for moral damage in violation of their property rights. It is suggested that it is necessary to create a special "Moral Damage Compensation Fund".
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Roskies, Adina. "Patients With Ventromedial Frontal Damage Have Moral Beliefs." Philosophical Psychology 19, no. 5 (October 2006): 617–27. http://dx.doi.org/10.1080/09515080600901947.
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Almaharmeh, Mohammad Mahjoob. "Compensating a Legal Person for Moral Damage in Jordanian Law." Journal of Politics and Law 15, no. 2 (January 3, 2022): 1. http://dx.doi.org/10.5539/jpl.v15n2p1.
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The issue of compensating the legal person for the moral damage it causes to it has raised a great argument of controversy in Jordan, especially in light of the refusal to recognize the rights attached to the natural person of the legal person. This research came to identify the legal nature of the legal personality and the moral damage and the position of the Jordanian law on it, and to determine the feasibility, adequacy and appropriateness of the legal texts contained in the Jordanian civil law in knowing the extent to which the legal person may be compensated for moral damage. Using the opinions of jurists and judicial and explanatory decisions, the researcher has found that moral damage has multiple forms, a research that arises from the act and assault carried out by the aggressor. As a result, it is not appropriate to limit moral damage to rigid legal texts based on what is stated in the legislation and decisions of the esteemed Court of Cassation, as the researcher recommends. The Jordanian legislator should include general provisions clarifying the civil liability of the legal person, and the researcher recommends a separate chapter in the civil law to talk about the moral damage and its multiple meanings and aspects and how to rule for compensation and claim it.
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REIS, Clayton, Debora Cristina de Castro da ROCHA, and Edilson Santos da ROCHA. "A VALORAÇÃO DO DANO MORAL PELO PODER JUDICIÁRIO: A CONCREÇÃO DO DANO EXPERIMENTADO PELA VÍTIMA A PARTIR DA PROPOSITURA DE UM MÉTODO OBJETIVO DE VALORAÇÃO." Percurso 2, no. 29 (April 3, 2019): 286. http://dx.doi.org/10.21902/revpercurso.2316-7521.v2i29.3499.
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RESUMOBuscar-se á mediante a pesquisa qualitativa na doutrina e jurisprudência e ainda sob uma perspectiva argumentativa indutiva, uma proposta de valoração do “dano moral”, no intento de se desenvolver um método valorativo que possa nortear a magistratura, fortalecer a doutrina e amparar a jurisprudência, com vistas à sistematização dos critérios e parâmetros que presidirão a indenização por danos morais, evitando-se que a compensação em pecúnia venha a se transformar em arbitrariedade, o que culminaria com um colapso completo dos princípios básicos do Estado Democrático de Direito. Para tanto, trazer-se á uma análise acerca do reconhecimento histórico do instituto, os métodos e critérios utilizados e por fim discorrer-se-á sobre a proposição de um método objetivo de valoração como meio de concreção do dano como forma de mitigar o risco da tarifação judicial e alcançar a tão almejada reparação integral. PALAVRAS-CHAVE: Responsabilidade Civil; Dano Moral; Valoração do Dano Moral; Direitos da Personalidade; Dignidade da Pessoa Humana. ABSTRACTIt will be sought through the quantitative and qualitative research in doctrine and jurisprudence and also from a logical-deductive argumentative perspective, a proposal of valuation of the "moral damage", in the attempt to develop a value method that can guide the judiciary, strengthen the doctrine and support the jurisprudence, with a view to systematizing the criteria and parameters that will preside the indemnification for moral damages, avoiding that the compensation in pecunia will turn into arbitrariness, which would culminate with a complete collapse of the basic principles of the Democratic State right. In order to do so, we shall analyze the historical recognition of the institute, the methods and criteria used and finally discuss the proposition of an objective valuation method as a means of concretizing the damage as a way to mitigate the risk of legal fees and achieve the long-awaited full reparation. KEYWORDS: Civil Liability; Moral Damage; Valuation of Moral Damage; Personality Rights; Dignity of the Human Person.
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ZENGİN-ÖZKÜÇÜKPARLAK, Burcu. "MORAL DAMAGE OF A JURISDIC PERSON ARISING FROM UNFAIR COMPETITION." IEDSR Association 6, no. 11 (February 24, 2021): 183–205. http://dx.doi.org/10.46872/pj.236.
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Our law does not consider human beings as the only entities that can enter into debt. Besides the human being expressed as a real person; although they do not have material assets, there are also some individuals or groups of property attributed to being a person by the legal order. The finite and limited power of human life in achieving certain goals has created a need for legal entities that emerge as a requirement of social life and have an independent personality from those who constitute them. An association that establishes a kermis to give scholarships to students with its income, a bank that opens a new branch, an airline company that carries out passenger transport, a holding that establishes a facility to generate electrical energy, is on the legal scene just like real persons and carries out various activities in the free market. The legislator has introduced unfair competition provisions to establish an enviroment that legal entities can freely engage in economic activities in the market, and do not distort the competitive environment by acts contrary to goodwill. With these provisions, it has been stated that, if the conditions are met, the plaintiff who suffers damage as a result of an act that can be described as unfair competition may request non-pecuniary damages by referring to the provisions regarding the determination, rejection of unfair competition, return of the former, pecuniary compensation and protection of personal rights. However, there are opinions stating that legal entities will not suffer moral damage because they do not have feelings of pain, and sadness like real persons. In this statement, the concepts of legal person and unfair competition, and in the light of the different ideas in the doctrine and the decisions of the Supreme Court, the conditions under which the legal person may claim moral damages arising from unfair competition will be explained.
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Thomas, Bradley C., Katie E. Croft, and Daniel Tranel. "Harming Kin to Save Strangers: Further Evidence for Abnormally Utilitarian Moral Judgments after Ventromedial Prefrontal Damage." Journal of Cognitive Neuroscience 23, no. 9 (September 2011): 2186–96. http://dx.doi.org/10.1162/jocn.2010.21591.
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The ventromedial PFC (vmPFC) has been implicated as a critical neural substrate mediating the influence of emotion on moral reasoning. It has been shown that the vmPFC is especially important for making moral judgments about “high-conflict” moral dilemmas involving direct personal actions, that is, scenarios that pit compelling utilitarian considerations of aggregate welfare against the highly emotionally aversive act of directly causing harm to others [Koenigs, M., Young, L., Adolphs, R., Tranel, D., Cushman, F., Hauser, M., et al. Damage to the prefrontal cortex increases utilitarian moral judgments. Nature, 446, 908–911, 2007]. The current study was designed to elucidate further the role of the vmPFC in high-conflict moral judgments, including those that involve indirect personal actions, such as indirectly causing harm to one's kin to save a group of strangers. We found that patients with vmPFC lesions were more likely than brain-damaged and healthy comparison participants to endorse utilitarian outcomes on high-conflict dilemmas regardless of whether the dilemmas (1) entailed direct versus indirect personal harms and (2) were presented from the Self versus Other perspective. In addition, all groups were more likely to endorse utilitarian outcomes in the Other perspective as compared with the Self perspective. These results provide important extensions of previous work, and the findings align with the proposal that the vmPFC is critical for reasoning about moral dilemmas in which anticipating the social-emotional consequences of an action (e.g., guilt or remorse) is crucial for normal moral judgments [Greene, J. D. Why are VMPFC patients more utilitarian?: A dual-process theory of moral judgment explains. Trends in Cognitive Sciences, 11, 322–323, 2007; Koenigs, M., Young, L., Adolphs, R., Tranel, D., Cushman, F., Hauser, M., et al. Damage to the prefrontal cortex increases utilitarian moral judgments. Nature, 446, 908–911, 2007].
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Tan, Daniel Y. B., Bastiaan C. ter Meulen, Albert Molewijk, and Guy Widdershoven. "Moral case deliberation." Practical Neurology 18, no. 3 (December 20, 2017): 181–86. http://dx.doi.org/10.1136/practneurol-2017-001740.
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Ethical dilemmas in general are characterised by a choice between two mutually excluding options neither of which is satisfactory, because there always will be a form of moral damage. Within the context of medicine several ethics support services have been developed to support healthcare professionals in dealing with ethical dilemmas, including moral case deliberation. In this article, we describe how moral case deliberation works in daily practice, illustrated with a case example from the neurology ward. The article is meant as an introduction to moral case deliberation according to the dilemma method. We show its relevance to the clinic and the context needed to put it into practice.
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Gadzhialieva, Naida Sh. "Jurisdiction of civil cases on compensation for moral damage." Law Нerald of Dagestan State University 43, no. 3 (2022): 116–22. http://dx.doi.org/10.21779/2224-0241-2022-43-3-116-122.
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The article deals with the issues of determining the jurisdiction of claims for compensation for moral damage. The relevance of the research topic is due to the fact that recent changes in procedural legislation have included new elements in the institution of jurisdiction that have complicated the application of the rules on jurisdiction in civil proceedings. In this regard, it became necessary to scientifically develop new elements of jurisdiction, to show their relationship with the traditional rules of tribal and territorial jurisdiction. The choice of the topic is also due to the lack of uniformity in law enforcement practice regarding the jurisdiction of claims for the recovery of moral damage. There is no uniform approach to this matter in the doctrine of civil procedural law, which gives this study not only scientific but also practical significance. The article notes that in order to systematize the rules on jurisdiction in the doctrine, a new classification of jurisdiction has been developed, which the author used in the article to determine the jurisdiction of claims for the recovery of moral damage. Particular attention is paid to the criteria for delimiting judicial competence to consider the named category of disputes between courts of general jurisdiction and arbitration courts, the issues of the correlation between the jurisdiction of district courts and justices of the peace in considering claims for compensation for moral damage are considered. The study resulted in conclusions and proposals for improving the mechanisms for delimiting the jurisdiction of claims for the recovery of moral damage.
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Lysiuk, A. O., and D. R. Nikita. "FEATURES OF CAUSING MORAL DAMAGE TO A LEGAL ENTITY." Juridical scientific and electronic journal, no. 12 (2021): 137–39. http://dx.doi.org/10.32782/2524-0374/2021-12/31.
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Tatubaev, Talgat. "CORRUPTION IN KAZAKHSTAN: SCALE OF MATERIAL AND MORAL DAMAGE." Socium i vlast, no. 3 (2017): 94–100. http://dx.doi.org/10.22394/1996-0522-2017-3-94-100.
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Jotanović, Radenko. "MONETARY REPARATION OF MORAL DAMAGE FOR SUFFERED PSYCHIC PAINS." Srpska pravna misao 18, no. 45 (January 30, 2012): 117–38. http://dx.doi.org/10.7168/spm.12.1845.08j.
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Koenigs, Michael, Liane Young, Ralph Adolphs, Daniel Tranel, Fiery Cushman, Marc Hauser, and Antonio Damasio. "Damage to the prefrontal cortex increases utilitarian moral judgements." Nature 446, no. 7138 (March 21, 2007): 908–11. http://dx.doi.org/10.1038/nature05631.
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Zubets, Aleksey, Aleksey Novikov, and Aleksandra Sazanakova. "Human Life Value Estimation in View of Moral Damage." Гуманитарные науки. Вестник Финансового университета 6, no. 2 (June 10, 2016): 6–15. http://dx.doi.org/10.12737/18146.
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McCormick, C., C. R. Rosenthal, T. D. Miller, and E. A. Maguire. "Hippocampal Damage Increases Deontological Responses during Moral Decision Making." Journal of Neuroscience 36, no. 48 (November 30, 2016): 12157–67. http://dx.doi.org/10.1523/jneurosci.0707-16.2016.
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V. Boltenkova, Yuliya, Vladimir S. Sinenko, Anastasia V. Abramova, Ludmila N. Menyailo, and Aleksey Yu. Gordeev. "COMPENSATION OF MORAL DAMAGE IN RUSSIA AND THE ANGLO-SAXON LEGAL SYSTEM COUNTRIES." Humanities & Social Sciences Reviews 7, no. 4 (October 12, 2019): 1296–300. http://dx.doi.org/10.18510/hssr.2019.74179.
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Purpose: The article analyzes the concepts used in the institute of compensation for moral damage in Russia and the countries of the Anglo-Saxon law system.
Methodology: Various general scientific methods and the methods of logical cognition are used in the work: analysis and synthesis, system-ic, functional and formal-logical approaches. The development of conclusions was facilitated by the application of formal-legal and comparative-legal methods.
Result: The article reveals the grounds for compensation for moral damage in Russia, England, and the USA. The author refers to the similarities and differences of the institute of compensation for moral damage in these countries. The conclusion about the need for unification of the institution in various legal systems.
Applications: This research can be used for the universities, teachers and education students.
Novelty/Originality: In this research, the model of the compensation of moral damage in Russia and the Anglo-Saxon legal system countries is presented in a comprehensive and complete manner.
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Rottman, Joshua, and Liane Young. "Specks of Dirt and Tons of Pain: Dosage Distinguishes Impurity From Harm." Psychological Science 30, no. 8 (June 26, 2019): 1151–60. http://dx.doi.org/10.1177/0956797619855382.
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Levels of moral condemnation often vary with outcome severity (e.g., extreme destruction is morally worse than moderate damage), but this is not always true. We investigated whether judgments of purity transgressions are more or less sensitive to variation in dosage than judgments of harm transgressions. In three studies, adults ( N = 426) made moral evaluations of harm and purity transgressions that systematically varied in dosage (frequency or magnitude). Pairs of low-dosage and high-dosage transgressions were presented such that the same sets of modifiers (e.g., “occasionally” vs. “regularly,” “small” vs. “large”) or amounts (e.g., “millimeter” vs. “centimeter”) were reused across moral domains. Statistical interactions between domain and dosage indicated robust distinctions between the perceived wrongness of high-dosage and low-dosage harms, whereas moral evaluations of impure acts were considerably less influenced by dosage. Our findings support the existence of a cognitive distinction between purity-based and harm-based morals and challenge current wisdom regarding relationships between intentions and outcomes in moral judgment.
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sunstein, cass r. "moral heuristics." Behavioral and Brain Sciences 28, no. 4 (August 2005): 531–42. http://dx.doi.org/10.1017/s0140525x05000099.
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with respect to questions of fact, people use heuristics – mental short-cuts, or rules of thumb, that generally work well, but that also lead to systematic errors. people use moral heuristics too – moral short-cuts, or rules of thumb, that lead to mistaken and even absurd moral judgments. these judgments are highly relevant not only to morality, but to law and politics as well. examples are given from a number of domains, including risk regulation, punishment, reproduction and sexuality, and the act/omission distinction. in all of these contexts, rapid, intuitive judgments make a great deal of sense, but sometimes produce moral mistakes that are replicated in law and policy. one implication is that moral assessments ought not to be made by appealing to intuitions about exotic cases and problems; those intuitions are particularly unlikely to be reliable. another implication is that some deeply held moral judgments are unsound if they are products of moral heuristics. the idea of error-prone heuristics is especially controversial in the moral domain, where agreement on the correct answer may be hard to elicit; but in many contexts, heuristics are at work and they do real damage. moral framing effects, including those in the context of obligations to future generations, are also discussed.
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Верещагина, Алла, and Alla Vereshchagina. "Evaluation of Compensation for Moral Damage Caused by Unlawful Criminal Prosecution." Journal of Russian Law 3, no. 11 (November 11, 2015): 0. http://dx.doi.org/10.12737/14382.
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The article is devoted to the problem of determining and proving the amount of compensation for moral damage, caused by unlawful criminal prosecution. Special attention is paid to the practice of proving the damage in court decisions. The author provides classification of circumstances, that need to be proved upon trial, and separates these circumstances into prejudicial and individual peculiarities of the victim that require proof, as well as depth and degree of the victim’s physical and moral suffering. This approach allows revealing shortcomings of proving. When courts pass their judgments in relation to this category of acts, they rarely assess the victim’s individuality. Refusal to prove the depth and degree of moral damage and to take personal individuality into account results in oversimplified and unmotivated decisions. The author comes to the conclusion that the current court practice is in conflict with the civil procedural code. In the author’s opinion, it is necessary to create rules for determining the amount of moral damage and carrying out mandatory examinations for assessing the victim’s individual characteristics.
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Amin, Muhammad. "TASAWUF DAN RESOLUSI MORAL: STUDI TERHADAP IMPLIKASI AJARAN TASAWUF DALAM MENGATASI DEGRADASI MORAL." Jurnal Ilmu Agama: Mengkaji Doktrin, Pemikiran, dan Fenomena Agama 20, no. 1 (June 30, 2019): 53–68. http://dx.doi.org/10.19109/jia.v20i1.3599.
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Moral degradation is a complicated problem to solve. This applies to all nations in the world. Because, moral damage to society in a country can result in the destruction of a nation. For this reason, the urgency to study strategies needs to be done in overcoming this. The conclusion of this paper is: that the teachings in Sufism can be one of the resolutions in overcoming moral degradation. The teaching is implemented in several stages, namely takhalli, tahalli, and tajalli.
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Оганісян, Ц. В. "PROBLEMS OF PROVING MORAL DAMAGE UNDER THE LEGISLATION OF UKRAINE." Juridical science, no. 1(103) (February 19, 2020): 465–72. http://dx.doi.org/10.32844/2222-5374-2020-103-1.56.
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The legislation of Ukraine enshrines norms that give individuals the right to compensation for moral damage, which in the modern concept is an integral part of the protection of human rights and freedoms. Non-pecuniary damage the suffering caused to a person as a result of wrongful acts against him, must be compensated in any case, because without this part of the restoration of violated rights it is impossible to fully implement the principle of justice, because then remains uncompensated much of the negativity. Compensation for moral damage remains in many cases unattainable, because first of all moral damage, mental suffering, may be reflected to some extent in the conclusions of examinations, but they will never be able to fully reflect in them, because human feelings are too subjective. Proving the fact of non-pecuniary damage and the existence of a causal link is very specific, so the plaintiff is not easy to form the necessary evidence to confirm the existence of non-pecuniary damage and confirm the causal link between the actions (inaction) of the defendant and negative consequences for the plaintiff moral damage. Each case requires an objective assessment by the court of all the circumstances, as judicial review is one of the essential guarantees of protection of the constitutional rights of citizens, especially in cases where the facts of the case indicate the existence of a civil dispute. The purpose of the plaintiff (his representative) to provide the court with material for such an assessment, ie the evidence base. The availability of sufficient evidence will be a guarantee that the court will determine the fair amount of compensation for non-pecuniary damage. It is emphasized that each case requires an objective assessment by the court of all circumstances, as judicial control is one of the essential guarantees of protection of constitutional rights of citizens, especially in cases where the facts of the case indicate a civil dispute. The purpose of the plaintiff (his representative) to provide the court with material for such an assessment, ie the evidence base. The availability of sufficient evidence will be a guarantee that the court will determine the fair amount of compensation for non-pecuniary damage. It is concluded that in order to obtain compensation for non-pecuniary damage, it is necessary to use all available procedural possibilities, try to most fully and accurately reflect the causal link between the violation of individual rights and moral suffering. There should be no doubt about the amount of non-pecuniary damage, and this should be confirmed by admissible means of proof.
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Aisyah, Siti. "Implementasi Imtaq dalam Kehidupan Mahasiswa." Tafhim Al-'Ilmi 10, no. 2 (May 1, 2019): 121–31. http://dx.doi.org/10.37459/tafhim.v10i2.3428.
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A moral crisis is a precarious condition in a society or group in which there is a deterioration or damage to actions, attitudes, morals and character. This moral crisis is seen in Indonesian society, both among young people, even parents and even small children. This moral crisis is indicated by the proliferation of acts that approach adultery or even adultery, the culture of smoking or even illegal drugs and intoxicants (khamr). In addition, the existence of a community that is disturbing the community or even criminal and brutal acts that have mushroomed in the community has also triggered a moral crisis. Not only that, but there are still many more indications of a moral crisis found in society.
Abstrak
Krisis moral adalah suatu kondisi genting dalam suatu masyarakat atau kelompok yang mana terjadinya kemerosotan atau kerusakan perbuatan, sikap, akhlak dan budi pekerti. Krisis moral ini terlihat di dalam masyarakat Indonesia, baik itu pada kalangan pemuda, orang tua bahkan kalangan anak kecil sekali pun. Krisis moral ini terindikasi dengan maraknya perbuatan yang mendekati zina atau bahkan zina, kebudayaan merokok atau bahkan obat-obatan terlarang dan minuman memabukkan (khamr). Selain itu juga adanya komunitas yang meresahkan masyarakat atau bahkan tindak kriminal dan brutal yang menjamur di masyarakat juga memicu adanya krisis moral. Tidak hanya itu, namun masih banyak lagi indikasi krisis moral yang terdapat di dalam masyarakat.
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Kyselova, O. I., and M. Soldatenko. "Practice of compensation for moral damage in labor law of Ukraine and foreign countries." Legal horizons, no. 26 (2020): 59–65. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p59.
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The problems of legislative regulation of compensation for moral damage caused to an employee in terms of labor liability of the employer are studied. It is established that the current labor legislation does not contain a clear and sufficient regulation of this issue, so compensation for moral damage under labor legislation is an urgent problem at this stage of development. Thus, the Labor Code of Ukraine does not contain the very concept of nonpecuniary damage, indications of any criteria that affect the amount of compensation, does not provide sectoral specifics of protection of employee rights, therefore, the law enforcer is forced to address many issues of the Civil Code . All this, in our opinion, creates gaps in labor law. Therefore, it is proposed to develop clear criteria for determining the presence or absence of moral suffering of the employee as a result of violation of his labor rights guaranteed by law. In addition, it is determined that in Ukraine to this day there are a number of obstacles to the formation of uniform judicial practice for resolving labor disputes. One of them, in our opinion, is the lack of clearly defined criteria for determining the amount of non-pecuniary damage. After analyzing the experience of foreign countries on compensation for moral damage to employees in labor law, and the experience of Ukraine on this issue, we propose to introduce into law a specific list of cases that cause non-pecuniary damage in labor law, as well as to establish a minimum amount of moral damage. when the court decision determines its size, which is not proportional to the losses incurred by the injured person. Also, we consider it expedient to create certain subdivisions in the courts that would deal exclusively with labor disputes. A positive application of this practice would be the ability to elect judges from these units from ordinary citizens involved in labor relations, following the example of France. Such a system helps to increase the level of trust of employees and employers in the court and the resolution of labor disputes, including cases of compensation for moral damage.
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Kovalenko, V. A. "Theoretical and Practical Features of the Compensation for Harm Consideration by Filing a Civil Claim in Criminal Proceedings." Actual Problems of Russian Law 16, no. 12 (November 22, 2021): 144–55. http://dx.doi.org/10.17803/1994-1471.2021.133.12.144-155.
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The paper examines the types of harm provided for by domestic legislation, their procedural features in a criminal case by filing a civil claim. The author argues that there is a need to amend the existing normative legal acts regulating the issues of compensation for harm caused by a crime, in particular, presents some arguments about the disclosure and legislative consolidation of the concept of “harm” in the framework of criminal proceedings. The author analyzes the gaps associated with compensation for property damage, in terms of the difficult simultaneous compensation for property and moral damage, as well as the lack of opportunity in the criminal procedure to recover lost profits. Some features of compensation for moral damage in relation to individuals and legal entities are investigated, for example, the issue of applying the rules for compensation for moral damage when a civil claim is filed by a legal entity. The process of proving the damage caused and the gaps in the issues of awarding compensation amounts in civil claims for compensation for damage, taking into account judicial practice, are considered. The author expresses her opinion on the matter of interim measures application in relation to the property of tortfeasor and imposing on the judge the obligation to render a decision in case of such a need, and not the right. Some differences between a civil claim for damages in criminal proceedings and civil proceedings are given, for example, the possibility of indexing the amounts subject to compensation has been analyzed. The analysis of some regulatory acts and the study of the procedure for compensation for harm caused by a crime in the UK. The author presents an argument about the development of scientifically grounded methodological recommendations that would fully reveal the existing gaps and problems in compensation for various kinds of harm caused by a crime.
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Bloom, Pazit Ben-Nun, Shaul Kimhi, Shani Fachter, Michal Shamai, and Daphna Canetti. "Coping with Moral Threat: Moral Judgment amid War on Terror." Journal of Conflict Resolution 64, no. 2-3 (June 10, 2019): 231–60. http://dx.doi.org/10.1177/0022002719854209.
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Moral dilemmas amid war on terrorism include repeated harsh moral choices, which often pose threats to one’s moral image. Given that people strive to view themselves as moral, how do they cope with such morally compromising decisions? We suggest and test two strategies to cope with morally threatening decision-making under in-group moral responsibility amid war on terrorism: (a) trivialization of the moral dilemma and (b) resentment toward the target. Four experimental studies measured (study 1) and manipulated (studies 2–4) these hypothesized mechanisms, presenting a similar collateral damage dilemma to Israeli Jews in the context of the 2014 Gaza conflict (studies 1 and 2) and to Americans in the context of the US campaign against Islamic State of Iraq and Syria (ISIS) (studies 3 and 4). Results demonstrate that both trivialization and resentment facilitate harsh moral choices under conditions of moral accountability. Studying the mechanism underlying moral decision-making in conflicts is key to understanding moral injury and the process of moral repair.
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Pretti, Reynaldo José. "O ASSÉDIO MORAL E O DANO PESSOAL AO TRABALHADOR / MORAL HARASSMENT AND PERSONAL DAMAGE TO WORKERS." Brazilian Journal of Development 7, no. 3 (2021): 23563–72. http://dx.doi.org/10.34117/bjdv7n3-187.
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Kolchurin, A. G., and V. V. Pletnev. "On compensation for non-pecuniary damage in the consideration of a criminal case on an road traffic accident." Russian justice 3 (March 25, 2021): 36–37. http://dx.doi.org/10.18572/0131-6761-2021-3-36-37.
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The article analyzes legislation regulating the issues of compensation of moral harm; discusses the features of causing moral harm in case of accidents; establishes the criteria for assessment of the caused moral harm; makes recommendations related to establishing and moral damages caused by the accident.
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Boiko, V. B. "Peculiarities of compensation for consumers moral damage: theory and practice." Legal position 2 (2019): 96–105. http://dx.doi.org/10.32836/2521-6473-2019-2-96-105.
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Panchenko, Olha. "PROCEDURAL GUARANTEES OF COMPENSATION FOR MORAL DAMAGE TO THE EMPLOYEE." Knowledge, Education, Law, Management 46, no. 2 (2022): 284–90. http://dx.doi.org/10.51647/kelm.2022.2.43.
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Norrie, Alan. "Love in Law’s Shadow: Political Theory, Moral Psychology and Young Hegel’s Critique of Punishment." Social & Legal Studies 28, no. 1 (February 26, 2018): 10–30. http://dx.doi.org/10.1177/0964663918758512.
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Modern theory of punishment conflates two types of question. The first concerns the justification of state punishment, the second the moral damage that occurs when a person is violated, and how the resulting damage can be repaired. The first question leads to political theory and a particular legally based moral grammar of wrongdoing and punishment. The second goes in the direction of a different moral psychology involving a grammar of violation, grieving and reconciliation. Retrieving the young Hegel’s analysis takes us in the second direction. It provides a critical vantage point from which to view the dominant liberal political theory, including Hegel’s own mature position as a founder of retributive theory. The modern theory of state punishment is legitimated by its public association with a moral psychology of violation, which it at the same time suppresses in favour of its own very different moral grammar.
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Юхно, О. О. "Problematic Issues of Guaranteeing Property and Personal Non-Property Rights of Victims within Criminal Proceedings." Law and Safety 80, no. 1 (March 19, 2021): 180–87. http://dx.doi.org/10.32631/pb.2021.1.25.
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The problematic issues of guaranteeing compensation of property and personal non-property rights (moral damage) to victims within criminal proceedings have been studied. The author has analyzed international and legal acts, national criminal, criminal procedural and civil legislation, law-enforcement and court practice generalized by the Supreme Court of Ukraine concerning the legal bases and procedural duty of guaranteeing the civil claim to the victim within criminal proceedings by the interrogator, investigator and prosecutor, when the victim suffered material and moral damage caused by the crime and misdemeanor. The author has studied the issue of the genesis and introduction into the national criminal procedural legislation of the provisions on guaranteeing and implementing personal non-property rights (moral damage) by victims. A number of inconsistencies, gaps and shortcomings of the current criminal, criminal procedural and civil legislation on the specified issues, in particular taking into account the existing new market legal relations in society, which prevents effective and reliable compensation for damage to both individuals and legal entities. On this basis, the author has provided specific suggestions and recommendations for its improvement. The scientific views of scholars and representatives of scientific schools on theoretical issues, the existing legal and procedural mechanism for compensation for material and moral damage to the victim within criminal procedure of Ukraine, as well as on determining the definition of “providing compensation to the victim”. The author of the article has presented own vision of the specified problematic issues.
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Maria Alves Luz, Vitória, Marlon Renato Lima da Silva, and Marcos Nunes Silva Verneck. "BREVES CONSIDERAÇÕES SOBRE OS DIREITOS DA PERSONALIDADE COMO PRESSUPOSTO AO DANO MORAL." Revista Científica Semana Acadêmica 9, no. 208 (September 21, 2021): 1–16. http://dx.doi.org/10.35265/2236-6717-208-9222.
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This article has as its object of study the Personality Law presented in the Federal Constitution of 1988, which has its greatest development in the Civil Code of 2002 as a precondition for discussing the possibility of indemnity for moral damages in which the protection of inherent off-balance sheet assets is enforced. to the human being, emphasizing the legal and doctrinal construction of such institutes that seek to materialize the tendency to prevail to the dignity of the human person in private relations. The presentation of Personality Law will be the path in search of the initial criteria for the limitation of immaterial goods that have their own characteristics. It is observed that the research theme has the intention of guiding moral damage, thus not covering all its modalities, but aiming to support a common initial framework from which the research fits, so that there is a clear perception of the necessary structure for understanding the problems. indemnities for moral damages present in the legal system.
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Ivanov, Dmitriy Aleksandrovich, Igor Alekseevich Antonov, Elena Nikolaevna Кleshchina, Lenar Vazyhovich Satdinov, and Elena Vladimirovna Blinova. "Seizure of property: development of legislation and improvement of law enforcement practice." Cuestiones Políticas 39, no. 70 (October 10, 2021): 902–14. http://dx.doi.org/10.46398/cuestpol.3970.55.
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Questionable questions are studied on the annulment of the measure of procedural coercion applied in the form of seizure of property in the event of termination of a criminal proceeding (criminal prosecution) with voluntary compensation for damages caused by a crime. The authors propose to specify the cases in which it is possible to cancel the seizure of property, that is, in case of expiration of the period of detention imposed on the property established by the court, or refusal of extension, as well as in cases of termination of the criminal case (criminal proceedings) and the refusal of the plaintiff of the declared civil claim. Attention is also given to the issues of seizure of property to compensate for moral damage caused by a crime. Based on the results of the consideration of this issue, it is concluded that the use of a measure of procedural coercion in the form of a seizure of property is possible not only for the purpose of compensating for property damage but also to create legal guarantees. Guarantee compensation for moral damage caused by a crime, as specific additions to the current criminal procedure law in Russia are justified.
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Jasser, Karolina. "Motivational Internalism and Normativity." Etyka 54 (December 1, 2017): 41–57. http://dx.doi.org/10.14394/etyka.500.
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Motivational internalism is a view about the connection between motivation and moral judgment. The debate over internalism has long focused on establishing the nature of the connection between moral judgment and motivation. In this paper I argue that recent studies regarding personality disorders such as psychopathy and VM damage, which have been traditionally seen as providing a counter argument to internalism, indicate that motivational deficiencies in the moral sphere are linked to motivational deficiencies in other normative spheres such as prudence. This observation suggests that internalism focus of internalism should not be moral judgments simpliciter but rather the nature of the connection between motivation and the general normative sphere. If this is correct then psychopathy and VM damage should not be treated as disproving internalism, but rather as emphasizing a problem with the traditional ways it has been phrased.
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Ablyatipova, Natalia, and Irina Volkova. "Actual Problems of Compensation for Moral Damage Caused to Minors as a Result of Harm to Health." Legal Concept, no. 2 (July 2022): 132–39. http://dx.doi.org/10.15688/lc.jvolsu.2022.2.17.
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Introduction: to date, cases of harm to the health of minors are quite common. As a result of the unlawful impact on the health of children, the latter experience physical pain and psychological suffering. To restore violated rights in such cases, the civil legislation provides for the institution of compensation for moral damage, but its imperfections are manifested in the practical implementation of the norms. In this regard, the authors set a goal: to analyze and systematize the positions of civil scientists and the materials of judicial practice to identify the most common problems that arise when considering cases of this category, in particular, when determining the amount of compensation for moral damage. Results: the specifics of the circumstances causing the appeal to the judicial authorities for recovery from the guilty persons who have caused harm to the health of minors, the compensation for moral harm, the lack of the detailed regulation of the mechanism for determining the amount of moral compensation and, as a consequence, the subjective approach of the courts in resolving this issue are studied. Conclusions: based on the analysis of the legislation, the doctrine of civil law, the problems of collecting compensation for moral damage from persons who have committed an infringement on the health of children are formulated. Based on the results of the study, the authors have proposed the recommendations for improving the legislation.