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Professional morality is a historically established set of moral prescriptions, norms, commandments, codes of proper behavior for representatives of certain professions.
The subject of the study of the professional ethics of a lawyer is professional morality.
Subject, structure, goals and principles of legal ethics
Legal ethics is a type of professional ethics, which is a set of rules of conduct for employees of the legal profession, ensuring the moral character of their labor activity and off-duty behavior. It is also a scientific discipline that studies the specifics of the implementation of moral requirements in this area.
So, the specific norms of morality of a lawyer should not contradict the principles and norms of universal morality. Οʜᴎ only supplement and specify them, taking into account the conditions of the lawyer's activity.
The task of legal ethics is to humanize the morality of lawyers. It focuses them on the observance of moral requirements, ensuring justice, protecting the rights, freedoms, honor and dignity of citizens, as well as personal honor and dignity. Legal ethics should have a positive effect on the legislation of the state and law enforcement.
Τᴀᴋᴎᴍ ᴏϬᴩᴀᴈᴏᴍ, the principles of legal ethics, generally coincide with the principles of general moral theory. Particular importance is attached to the principle of justice. The main problem in legal activity is the ratio of justice and legality. Sometimes such situations are created when, due to the imperfection of the legislation, such decisions can be made that formally correspond to the letter of the law, but in essence are unfair.
It is appropriate to note that the word ʼʼjusticeʼʼ in Latin means ʼʼjusticeʼʼ, that is, justice, first of all, in relation to a person according to the principle of ʼʼto reward everyone according to his meritsʼʼ. This principle is decisive in the Universal Declaration of Human Rights, the legislation of modern democratic states, the Constitution of Russia. Justice in content is often considered identical to justice, since a fair decision must comply not only with the letter, but also with the spirit of the law.
The professional morality of lawyers is of a normative nature and has a legal basis., which is reflected in the goals, principles and means of activity, represented by legislative acts regulating the professional activities of lawyers on the basis of ethics, morality and morality, corresponding to international legal documents and domestic legal acts.
The structure of professional ethics includes general moral standards and principles, which, however, undergo certain changes in it related to the specifics of this type of activity. Indicative in this respect is the structure of legal ethics, which includes three elements:
1) the moral activity of a lawyer and its specific features;
2) moral relations in the field of law and law enforcement;
3) features of the professional and moral consciousness of lawyers.
The first two elements essentially constitute the objective side of the professional ethics of a lawyer, and the third element is the subjective side.
Such a division of a seemingly unified process allows us to distinguish between the goal and tasks of lawyers in relation to their activities, identifying three elements on this basis:
1) the purpose of legal activity;
2) the means that are used to achieve the goals;
3) the result of legal activity.
As you know, the goals and objectives of the activities of lawyers are: ensuring the personal safety of citizens; prevention and suppression of crimes, their disclosure; protection of public order; providing legal assistance to citizens, officials, private and state enterprises organizations and public associations in exercising their legitimate rights and interests.
The criterion of morality of the means used in the professional activities of lawyers should be only legality and justice. Based on this, the goals and objectives of legal activity are of a normative nature, provides for a certain social program which must be carried out in the course of professional activity. If the goals of professional activity should be understood as what this activity is aimed at, then the goals of professional ethics should be understood as what serves professional ethics.
The most important principles of professional morality of lawyers are:
humanism (love for people, respect for their rights);
legality (observance and correct application of laws);
justice (correspondence of the offense and responsibility).
All these principles of professional morality of lawyers are mandatory, normative.
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In this regard, the peculiarity of the professional morality of a lawyer is the result of refraction general principles and moral standards in their official activities and non-official behavior and is expressed in the following features:
1. In no other area of life are the norms of behavior, morality, to the maximum extent obligatory and definite. Professional activity of a lawyer involves a detailed regulation of all aspects of his life.
2. The moral norms of a lawyer are legally formalized, supported by firm legal provisions established by the state.
3. The norms and principles of the professional ethics of lawyers are imperative and require diligence, obligatory fulfillment.
4. The actions of professional lawyers, with all strictness, must not degrade human dignity, be fair and understandable to the people around them, and must be irreconcilable to violators of the law and inhumanity.
5. When professional lawyers communicate with citizens, they often penetrate into the details of spiritual and personal life, which requires an individual approach to people, the presence of a certain moral culture and tact.
6. In applying the law, it is essential for lawyers to approach everything from the point of view of the law. This means that a lawyer, when applying law, should be as objective as possible, should look at this or that event from the point of view of the law, renouncing his personal likes and dislikes, closeness and kinship, considering the case from the standpoint of law, morality and justice.
From all these features, the professional ethics of a lawyer is formed in its entirety, his moral culture as a whole.
Professional morality is a historically established set of moral prescriptions, norms, commandments, codes of proper behavior for representatives of certain professions. - concept and types. Classification and features of the category "Professional morality is a historically established set of moral prescriptions, norms, commandments, codes of proper behavior for representatives of certain professions." 2017, 2018.
The rules of morality are not formulated and not regulated by legal norms, but they are obligatory for all members of society without exception and are controlled by society itself in life practice.
Thanks to the established tradition of strict observance of moral principles, morality acquires a normative and regulatory function, both in relations between people and in relations between a person and society.
In this way, morality is the accumulation of rules for human behavior, as well as their obligations towards each other and towards society, not dictated by legislative norms, but corresponding to collectively accepted spiritual foundations.
AT moral standards are reflected such universal moral values and principles, as goodness, humanism, compassion, collectivism, honor, duty, fidelity, responsibility, generosity, gratitude, friendliness, etc. Moral norms are the basic rules of any society, and morality, therefore, can be considered as a form of social consciousness, which includes universal foundations and rules for relations between people in private communication and in social processes.
Morality, therefore, in a sense, is a kind of timeless and ahistorical code of behavior for people, a kind of universal ideal of their relations, a kind of abstract goal towards which society should strive.
And morality, as a concept, refers to the sphere of concrete, practical application of morality in private and social practice. Morality is always tied to one or another concrete historical situation and is a morality that is practically implemented in concrete historical everyday practice. Therefore, moral norms, such as, for example, the categories of good, evil, duty, conscience, honor, dignity, responsibility, etc., always have a concrete historical content, because they are always conditioned by the state and characteristics of a given society.
Moral consciousness is studied by one of the philosophical disciplines - ethics. Ethics is the science of morality. The science of ethics considers the specifics of moral consciousness and identifies two main principles in it:
1. Emotional start. This beginning of moral consciousness is formed from various perceptions of the world by an individual in the moral aspect.
Mostly these are various kinds of moral assessments and experiences of the world around, representing the personal response of the individual to the aspects and events of life from the point of view of morality.
2. Smart Start. This is the beginning of moral consciousness presented in the form of various forms of comprehension of moral norms, principles, ideals, concepts of good, evil, justice, conscience, etc., and also in the form of a study of the causes of these norms, or the laws of their manifestation.
Moral consciousness is associated with other forms of social consciousness, among which it has a special influence on legal consciousness, political consciousness, aesthetic consciousness and religion.
Moral consciousness interacts most closely with religious consciousness and legal consciousness. However, if religion gives moral consciousness the power of a moral sanction, then law, being a sanction, cannot impart a compulsory character to morality.
In this way, moral standards are based on:
- either on religious sanctions (heteronomic morality),
You've probably heard it said of someone, "He broke moral standards." What are moral standards and why their violation causes condemnation?
The emergence of moral standards. Moral standards determine how a person should behave in relation to society, other people, himself. They did not arise immediately, but were formed throughout the history of the development of human society.
Primitive man could not survive alone. The need for collective existence in that period of time required the implementation of certain rules of living together. It was then that the prescriptions took shape: “Help your relatives”, “Do not kill”, “Do not steal”, “Do not lie”, etc. The decisive role in this process was played by labor, on the basis of which the requirements of diligence, respect for elders, help and protection of the weak, etc. appeared and were fixed in the minds and behavior of people. habit and passed down from generation to generation.
The emergence of moral norms accompanied the formation of society itself and meant the transition of a person from instinctive forms of behavior to conscious collective activity. Many elementary moral norms that arose in the era of the primitive communal system retain their significance today.
The value of moral standards for society and man. Today we cannot imagine life in a society without generally accepted moral norms. Morality was originally addressed to each individual and regulated the relationship "man - man", "man - collective", "man - society". In the process of the development of society, more and more complex rules for joint life were established and consolidated, which turned into norms and were passed down from generation to generation. At the same time, there was a process of denying those of its norms and attitudes that no longer corresponded to the new conditions of social life.
Moral norms are inherent only to man and are formed only in human society. But it is moral norms and attitudes that regulate human behavior and the development of society, and are the most important components of culture. And here we must remember that for a successful action, moral norms must be deeply assimilated by a person, "enter his soul", become part of the inner world. A person is moral only when moral norms and moral behavior become organic for him, help him behave correctly in a variety of situations. And a society can develop successfully when its members have moral standards that correspond to the moral ideals of a given era.
The relationship of moral norms, qualities, principles, ideals. Moral standards are the simplest form of moral requirements. They require or prohibit behavior of a certain type. Moral standards directly affect all aspects of human relationships, instructing people to show mutual care, respect, support; be humble, truthful, sincere; develop diligence, tact, courage. Following moral standards characterizes such qualities of a person as politeness, decency, honesty. Do not offend the weak, do not humiliate, do not insult a person, do not interfere with others in in public places- all these are simple norms of human behavior that are formed in a person from the first years of life. The norm determines the behavior of the individual in some typical situations that have been repeated for thousands of years. Usually we are guided by norms out of habit, without thinking; only a violation of the norm attracts people's attention as a flagrant disgrace.
The effectiveness of moral norms, forcing a person to act in a certain way, is achieved with the help of public opinion. : after all, it is unpleasant for everyone to be known as an impolite, rude, tactless person, to experience condemnation or ridicule from others. Public opinion, forming certain standards of behavior, serves as a guarantor of the security of each person, protection from moral arbitrariness on the part of other people.
Each person, being formed as a person, acquires certain moral qualities. These qualities reflect the polarity of the moral world and are divided into good ( virtues ) and bad ( vices ). Even the ancient Greek sages identified four basic human virtues: wisdom, courage, moderation and justice. Evaluating a person, we most often list these qualities. However, unlike norms, moral qualities are not limited to prescriptions or prohibitions on certain actions, since the possessor moral qualities a person is able to choose the necessary rules of behavior, moral norms. This means that each person is responsible for cultivating virtues in himself and in those around him and rejecting vices.
But a person is usually not an ideal of morality or a living embodiment of all perfections. It also has shortcomings, and any one, albeit important, dignity cannot atone for moral shortcomings. It is not enough to have separate positive traits - they must complement each other, forming a common line of behavior. Usually a person himself determines it for himself, developing some of his own moral principles : collectivism or individualism, industriousness or laziness, altruism or selfishness.
moral principle denotes the strategic attitude of a person in his relations with people. By choosing principles, we choose a moral orientation in general and are able to reasonably justify it.
Loyalty to the chosen positive moral orientation has long been considered a human dignity. It meant that a person in any life situation will not deviate from the moral path. However, life is diverse, and not always the chosen principles help to make the right decision in a particular situation. So, in the past, it happened that love for people was sacrificed to revolutionary principles, and even today, misunderstood camaraderie sometimes pushes to immoral and soulless actions. That is why one must constantly check one's principles for humanity, humaneness, compare them with moral ideals.
The moral ideal it is a holistic pattern of moral behavior that people aspire to, considering it the most reasonable, useful, and beautiful. This is all the best that has been worked out by morality at this stage of its development. In childhood, the ideal for us can be a specific person. In the future, the ideal as a unity of positive qualities usually acquires a more generalized character. The moral ideal allows you to evaluate the behavior of other people and is a guideline for self-improvement; allows everyone to navigate in life, to choose a line of behavior.
Thus, moral norms, qualities, principles, ideals do not act independently, independently of each other, but are the main elements of the moral system. All of them are closely interconnected and interdependent.
Some conclusions:
1. Moral standards are general rules behavior. They have been formed and changed throughout the history of the development of human society. One such norm is known as the Golden Rule of Morality.
2. It is not only public opinion but also the inner voice of conscience.
3. Moral norms, qualities, principles, ideals, acting together, constitute the moral system of a given society.
4. Guided by moral norms, principles, ideals, a person regulates his behavior and improves himself, and society as a whole can successfully move along the path of moral progress.
Questions and tasks:
1. What is meant by moral standards? What is the significance of moral standards for the individual and for society?
2. Are there any moral standards that you personally do not like? What would happen if they could be cancelled?
3. Do you think public opinion about human morality is always fair? Why do we follow it?
4. Often you want to answer all the teachings: “I don’t owe anything to anyone.” Is it so?
5. Why do we need to follow moral rules? Why do we sometimes want to avoid it?
6. Do you have a moral ideal? What do you understand by moral ideal?
7. A person with strong moral principles, a principled person - is this good or bad? Why?
| You can ask your questions on the topic of the presented article by leaving your comment at the bottom of the page. Deputy will answer you CEO driving school "Mustang" academic work High School Teacher, Candidate technical sciences Kuznetsov Yury Alexandrovich |
DRIVER ETHICS
The ethics of the driver are the norms of behavior, morality, a set of moral rules driver.
Showing our irritation, anger, bad mood or just a reckless driver at the wheel, we create a lot of dangerous traffic situations every day. And the result of a momentary impulse is often the most tragic consequences. That's why, it is extremely important to observe the elementary rules of ethics in relation to other road users.
A real driver is polite and helpful - he will not twist his finger at his temple and, having opened the window, shout curses at a gaping pedestrian. One cannot be considered a good, reliable driver of a person endowed with such traits as aggressiveness, imbalance, unkindness, impoliteness, arrogance, disregard for the opinions of others and the inability to consider the consequences of one's words and actions.
Any of these unacceptable qualities, under certain circumstances, can lead to trouble. For example, under the influence of aggressiveness, a driver performs many dangerous actions: he is easily “infected” by the increased speed of an overtaking car, trying to bypass the “offender” at any cost. And when it is necessary to give way to a traffic participant who has an advantage, contrary to common sense, he tries to slip through. Getting into the same lane with a vehicle that, in his opinion, is not moving fast enough, gets angry and overtakes, even if overtaking is prohibited. When he sees a vehicle approaching the intersection that can interfere with him, he does not slow down, but, on the contrary, adds speed.
The road does not tolerate sudden maneuvers. Sharp acceleration, braking or changing lanes are always unexpected for other participants traffic. If one driver overtook another, dangerously "cutting", you should not answer him in the same way. "Vengeance" on the roadway never led to good. The competitiveness inherent in sports is unacceptable on the road.
Uncompromising, rude behavior of road users is dangerous for everyone. On the contrary, a friendly and helpful attitude towards each other creates a favorable, calm environment on the road. Without a respectful and polite attitude towards each other of all road users, safety on the road is impossible.
No one is able to foresee all situations on the road. But in most situations, road users are only required to perform actions legalized by the Rules. If all drivers and pedestrians were mutually polite and helpful, then how many tragedies could be avoided!
Research of domestic specialists and experience foreign countries with a low level of traffic accidents lead to an unambiguous conclusion: only the personal discipline of pedestrians and drivers guarantees a decrease in the number of victims on the roads. Discipline depends primarily on general education man, from his culture. Driver and pedestrian culture - part common culture a person, that is, his social, moral and mental development. It is difficult to imagine a polite, benevolent person who treats others with respect and courtesy as a violator of the Rules of the Road.
Ethics consists of the following moral relations:
- respectful attitude to all traffic participants without exception;
— Warning, polite driving style;
- "torn" driving style, with a sharp set of speeds and sudden braking is unacceptable;
- the optimal style, characterized by a fairly smooth starting, rebuilding and braking, timely delivery of warning signals;
- on the road, revenge for mistakes and irritation for any reason and without it is unacceptable;
- assistance to other drivers;
- responsibility for nearby passengers;
- vigilance towards pedestrians, they may be a child who does not yet know the Rules, old man
etc.
- use the safest methods of driving your vehicle;
- never drive while intoxicated;
- constantly monitor technical condition and appearance of your vehicle.
Here are some more simple but powerful ethical rules to follow while driving:
When parking, be mindful of others. This rule is based on respect for those who are passing by and who may also need to stop. Try to take up less space on the road. After all, for sure you yourself have been annoyed more than once by the fact that cars are parked at random. Someone buried his nose to the edge of the roadway, and someone parked the car along the roadway, taking a place.
Follow the line. This leads to efficient use of the road area. When one car, when moving on one side, is in one row, and the other is in the adjacent one, it occupies an area that could accommodate two cars, i.e. hinders more fast cars get ahead of him, forces them to rebuild.
Help to get on the road from the side passages. A dense stream slowly flows past a car parked in a side lane waiting for a break in the stream. And it can take quite a long time. And if the car in the front row slows down for a few seconds, it will be enough for the waiting car to fit into the stream.
Help overtake. The overtaken sees what the overtaker does not see. If the road is clear, show it by turning on the right turn, if not, warn by turning on the left turn. On a paved road, turn right. To a greater extent, this unspoken rule is inherent in drivers of heavy trucks, behind which queues of cars accumulate. A professional and simply friendly driver will definitely let himself be overtaken and help other drivers do it.
Be understandable to others. Inform other road users about your maneuvers in advance. Do not change lanes abruptly and do not delay the changeover. Both make it difficult for other drivers to understand your actions. Give a turn signal in advance, and not when there are a couple of meters left before the intersection and the driver following you in the forward direction will have to stop. Why annoy other people?
Observe the sequence of passage when the road narrows. In a number of countries, when the road narrows, drivers must change lanes from two lanes to one in turn: one from the right lane, the other from the left, in other non-countries this is an unwritten rule. Butting on a narrow section of the road is useless.
It is better to turn on the headlights an hour earlier than a minute later. Turn on your headlights at dusk. Even if it does not improve your visibility of the road, it will definitely increase the visibility of your car for other road users. This rule is especially true for pedestrians.
Don't be blinded by the light. Switch to low beam when the high beam of an oncoming vehicle begins to dazzle or when the driver of an oncoming vehicle switches to low beam.
When simultaneously approaching the top of the hill with an oncoming vehicle, switch to low beam a little earlier than its headlights become visible.
When following the lead car, turn on the low beams so as not to blind the driver through the rear-view mirrors.
When overtaking, turn on your high beams as soon as you catch up with the vehicle being overtaken. If you are being overtaken, turn off your high beams as soon as the overtaking person turns them on.
When the car is stopped, switch to the parking light. This will improve the visibility of the road for oncoming drivers and will be a signal to them that your car is stopped. In no case do not leave the car standing on the side of the road with the headlights on, this will blind other drivers.
Yield to pedestrians at unregulated intersections and when turning onto them. This, above all, is required by the Rules of the Road. And we should not forget that we are all drivers and pedestrians at the same time. Remember that pedestrians know that you, the drivers, must yield to them. However, conflicts at the crossroads and pedestrian crossings have a place to be. Always imagine that your loved one is crossing the road somewhere and it would be nice for him to meet a friendly driver, and not one who is ready to drive over his legs.
Following these few tips will help resolve most conflicts on the road. Aggressive driving does not lead to good, therefore, there is nothing to fix this stereotype of behavior in one's mind.
Besides:
You don't have to fret over every little thing. Everywhere there are red traffic lights, slow pedestrians, bad sections of the road, tractors and slowly crawling trucks. It is worth accepting this as an inevitable phenomenon, like snow or rain.
At the very least, it would be silly to start up from rudeness and, moreover, to respond in kind. The need to give way to a pedestrian or driver on the road should not raise negative emotions in you.
Restrain the manifestation of violent emotions if you are a temperamental person. This will be useful to you in communication with other drivers, and in particular, with traffic police officers.
No need to throw trash out the window, throw away worn out unnecessary parts where it's wasted and drip used oil, making life difficult for others with your car.
It is worth helping other drivers who are in difficulty on the road. We will help you in the future if needed.
If you let pedestrians pass where they have the advantage of movement, and they do not dare to move, invite them to go with an understandable gesture.
Don't forget to give thanks for warning about something or for giving the advantage of moving with a simple show of hands or emergency lights.
No need to insist, even if you are right. Just give way to an inexperienced driver or an ubiquitous fool.
A competent and self-confident driver will not be nervous in vain, because he behaves and the car better than others, observing all traffic rules and ethical standards.
Remember the golden commandment: treat others the way you want them to treat you.
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