Morality as a social phenomenon: essence, structure and functions

ESSENCE AND SPECIFICITY OF MORALITY. STRUCTURE AND FUNCTIONS OF MORALITY

OBJECTIVES : to give an idea of ​​the philosophical problem of determining the essence of morality;

PLAN :1. The essence of morality.2. Subjective and objective specificity of morality.3. The structure of morality.4. Functions of morality.5. Morality and morality: the problem of unity and difference.

Bottom line

We have examined the essence, structure and functions of morality as much as possible in a short article. This topic is actually very interesting and concerns each of us. But, as a consequence of its fascination, it is very extensive, and discussions about it have been put forward by a huge number of great minds. Therefore, for a more complete study, you will have to wade through many webs of other people’s thoughts and arguments. But it's worth it.

The essence of morality

Essence is the main thing necessary in the object being studied, it is its “qualitative certainty” (G.V.F. Hegel). Essence is the generic properties of the objects being studied. What is the essence of morality? Morality is a type of social regulator. We can identify five essential features of morality : 1. Regulatory. Ordering phenomena and processes is always a movement from chaos to order. 2. Historicity. All types of social regulation have their own specific historical time of origin and features of historical development and change. 3. Sociality. All types of regulation, in particular morality, are generated by a certain social necessity. 4. Social heterogeneity or social differentiation of morality. Each social class and group forms its own morality, which ensures the internal consolidation and preservation of these communities. 5. A certain place of morality in the system of social regulation.

Specifics of morality

Specificity is something special, singular, unique in the object under study. This is what distinguishes the phenomenon being studied from related phenomena. Let's consider two levels of specificity - the object specificity of morality (morality is studied as a holistic, abstract, ideal object). The second level is the subjective specificity of morality (morality is studied as the special qualities of a moral subject - the bearer of morality). The object specificity of morality includes four features: 1. Historical durability of morality - morality arises before other types of social regulation; the future is possible behind moral regulation. 2. Comprehensiveness – its universal inclusion in all spheres of human life and society. This quality is explained by the universality of contradictions, the resolution of which morality is aimed at: social - individual, due - existing, good - evil. 3. Activity-based non-isolation of morality - morality is an aspect of all other types of activity: economic, political, legal, religious, etc., due to the same universality of the contradictions it resolves. 4. Non-institutional and all-institutional nature of morality - morality does not have specific social institutions that perform its functions. However, we can recognize non-institutionality as pan-institutionality, because we expect each institution to perform moral functions.

The main rule of a good person. Golden rule of morality (grade 6)

2500 years ago in the Himalayas there lived a man whose name was Buddha - “enlightened one”. He was a prince, but left his kingdom to travel. Getting to know the world, he learned how much grief and evil there is among people. Buddha wanted to teach people to be happy. He believed that, to happiness, one must follow the path of good thoughts, good deeds and kind words: “do not do to others what you yourself consider evil.”

The golden rule of morality (also called the golden rule of morality) is a way of correctly choosing an action based on a good attitude towards another person. People always face a choice, so they need to know what to do in a given situation. People are also interested in how to properly prove whether they did the right thing. The golden rule of morality teaches you to live correctly, not to do bad things, because all evil will come back.

The structure of morality

Characterizing the structure of morality, we can distinguish two blocks of elements: moral consciousness and moral practice. The following elements are distinguished in the structure of moral practice: 1. Moral relations are a specific type of social connection into which subjects enter in the process of moral activity. 2. Moral activity is a specific type of social activity, which represents the implementation of moral requirements and values. 3. Moral behavior. Every type of activity has its own behavioral form. 4. Action is a unit of moral activity. All actions are divided into actions - operations and actions - actions. Every action is an action, but not every action is an operation. The act highlights the significance of the action - the operation for the person himself and other people. Refusal to act can also be an act. An action is performed in a situation of moral choice.

3. Critical: from the point of view of the ideal, it is possible to criticize the imperfection of realities. Not a single function should be absolutized or hypertrophied.

Religious approach

The religious approach bases morality on the laws given by some God or gods. This representation is the oldest of those present. Indeed, people who lived long before us were inclined to explain incomprehensible things by divine intervention. And since people kneel before the deities, then the emergence of dogmas is only a matter of time. These rules were not transmitted directly, but through a prophet who had some contact with the “higher world.”

Since these dogmas were first introduced in primitive society, the decrees could not be full of complexity. They often called for humility and peacefulness in order to reduce the fear, and therefore the aggression, of the oppressed peoples. After all, if we look at history, most religions arose precisely from those who suffered. They had a “fire of revolution” burning in their souls, which had to be controlled while at the same time uniting people.

For example, we can cite the Ten Commandments in Christianity. They are well known to many. If we look at them, we will not see any difficulties in understanding. Everything ingenious is simple. The same situation is with many religions. There are no rules like, “Just make sure people don’t spit on you.” This would be incomprehensible, and everyone would interpret it differently. No, these are direct instructions in an imperative tone. "Dont kill". "Don't steal." "Don't believe in other Gods." Everything is concise, and there can be no double meaning.

Morality and morality: the problem of unity and difference

We have already used the concepts of “morality” and “morality” many times. What is the problem of the unity and difference of these phenomena? Morality is a Latin word. It is introduced by Cicero as the Latin equivalent of the word ethics. We can distinguish several meanings of this word: 1. as a set of certain norms and rules governing the joint activities of people. Morality is a type of social regulation. 2. as a kind of instruction, teaching. 3. as an instructive conclusion (the moral is: ...) Morality is a Russian word. Correlation: disposition - morality (words with the same root: “norm”, “like”). V. Dahl gives the following interpretation of the word: “... half or one of the two main properties of the human spirit: Mind and character together form the Spirit (soul, in the highest sense); they treat character as the concept of subordination: will, love, mercy, passions, etc., and the mind: reason, reason, memory, etc. The consonant union of character and mind... forms harmony, perfection of the spirit; the discord of these principles leads to decline. There cannot be such discord in an animal: there, character and mind, will and reason, are fused inseparably into one (instinct); and a person must achieve the same unity, but in a higher way: through conviction, curbing passions and cleverness, and a sense of duty.”

Naturalistic approach

He puts the laws of nature and evolution at the basis of morality. This means that morality is inherent in us initially (as an instinct) and over time it simply changes (evolves). One of the arguments in favor of this approach is the morality of animals. They, as we know, do not have their own civilization, which means they hardly believe in gods.

There are widespread cases of manifestations of such qualities as: caring for the weak, cooperation, mutual assistance. Most often found in gregarious or gregarious animals. Of course, we are not talking about the fact that the wolf, out of pity, did not eat the fawn. This is from the category of fantasy. But if we take the same wolves, then they have an unusually developed sense of their collective, their pack. Why do they help each other? Of course, we will answer that those who did not help each other died out. The principle of survival. But isn't this the main law of evolution? Everything that is weak dies, everything that is strong develops.

Transferring this to people, we see the theory that morality is a tool for survival, given by nature initially. She only “wakes up” when needed. For the most part, representatives of the natural sciences or those related to them are on the side of this theory. Philosophers put reason at the core, and therefore cannot accept this approach to morality.

Modern spiritual and moral situation

In the Russian language, the concept of “spiritual” is often identified with the concepts of “moral world” and “moral life”. Historically, two types of spiritual and moral culture (DNA) have been formed: religious and universal DNA. Not all religions are theistic, re ligio - the first syllable “re” means return, “liga” is a connection, therefore religion is the restoration of the universal connections of being. So, for example, Buddhism is not a theistic religion, because Buddha was a real person, and not an ideal entity, an absolute.

Literature

Guseinov A.A. Morality: between the individual and society (on the question of the place of morality in modern society) / – [Electronic resource]. – Access mode: https://www.ethicscenter.ru/biblio/guseynov.html/ – Access date: 06/06/2013
1. Guseinov, A.A. Ethics: Textbook. for university students / A.A. Guseinov, R.G. Apresyan. – M.: Gardariki, 2002. – 472 p.
2. Drobnitsky, O.G. Moral philosophy: Selected works / O.G. Drobnitsky; Comp. R.G. Apresyan. – M.: Gardariki, 2002. – 523 p.
3. Durkheim, E. On the division of social labor / E. Durkheim; lane A.B. Hoffman. – M.: Kanon, 1996. – 432 p.
4. Zolotukhina-Abolina, E. V. Modern ethics: textbook. manual for university students / E.V. Zolotukhina-Abolina. – M.; Rostov n/d: MarT, 2005. – 413 p.
5. Ethics: Textbook. for students of philosophy fak. universities / A.A. Guseinov, E.L. Dubko, S.F. Anisimov and others; Under general ed. A.A. Guseinova and E.L. Dubko. – M.: Gardariki, 2000. – 493 p.
6. Ethics: encyclical. words / [S.S. Averintsev, I.Yu. Alekseeva, R.G. Apresyan et al.] ; edited by R.G. Apresyan and A.A. Guseinova; Institute of Philosophy Ross. acad. Sci. – M.: Gardariki, 2001. – 669 p.

The theory of the Unified State Examination in social studies on the topic: “The concepts of “morality” and “morality.” Categories of morality, functions of morality. »
from the code section (1.15 Morality)

Origin and evolution of morality

The roots of the emergence of morality go back to the earliest times of human existence. We cannot reliably track them, just as we are not able to say whether morality was created artificially or inherent in the mind from the beginning. However, we have the opportunity to consider the origin and essence of morality by looking at the evolution of morality. Traditionally, three approaches are used to the question of the development of morality:

1. Religious.
2. Naturalistic.
3. Social.

↑ The concept of “morality”

Morality plays a special role in regulating the life of society and people's behavior.

Morality
is the rules of behavior based on a person’s ideas about good and evil, about what is bad and what is good.

Morality, along with law, are the main ways to regulate the behavior of a person and society as a whole. Morality is a form of social consciousness, as it is based on public opinion, and a fundamental type of human relationships.

Categories of morality

:

• good
• evil;
• justice;
• duty;
• honor;
• conscience;
• dignity.

The basis of a person’s relationships with other people is the golden rule of morality

:
“Don’t treat others the way you don’t want them to treat you.”
.

Anyone who breaks this rule cannot count on being treated kindly.

↑ Moral standards

The presence of morality indicates society’s recognition of the simple fact that life, the interests of an individual, the “docking” of personal and public interests are guaranteed only if the stable unity and order of society as a whole is ensured.

From the point of view of the structure of morality, moral requirements and ideas take on a wide variety of forms in relation to a person, exerting a regulatory impact on him.

↑ Functions of morality

Morality performs a number of important functions in society

• Regulatory

Morality regulates relationships between people and human behavior in all spheres of public life.

• Educational

Morality is involved in the formation of human personality and its self-awareness.

• Value-orientation

Morality is a life guide, indicating and nurturing a respectful attitude towards universal human values).

• Estimated

Morality evaluates the actions and activities of people from the standpoint of good and evil.

• Communicative

Morality promotes mutual understanding, interconnection and communication between people in society.

• Coordination

Morality unites people in different circumstances. People's observance of common and universal moral principles makes their behavior predictable, which is of great importance in organizing the collective life of people.

• Motivational

Moral principles motivate human behavior, that is, they act as reasons and incentives that make an individual want to do something (or, conversely, not do something). Formation of the moral character of the individual.

In moral regulation, a special role is played by a person’s ability to independently determine the line of behavior in society without everyday external control, in accordance only with conscience, honor, and self-esteem. Moral culture lies in a person’s ability and ability to adequately follow the principles of morality in changing circumstances.

Moral culture of the individual

- the degree of perception by an individual of the moral consciousness and culture of society, includes: a culture of ethical thinking, a culture of feelings, a culture of behavior, etiquette.

Question 2. Features of morality as a social phenomenon.

The cognitive function is a means of understanding the inner world of a person, gives him ethical knowledge, helps him solve moral issues, manage his behavior, feelings, etc.

The educational function is aimed at stimulating the process of moral self-education of the individual.

The communicative function of morality is to ritualize human communication, humanize communication, and strive to make communication as pleasant as possible for all parties. Orients a person toward goodness in communication.

Ideological function - substantiates the morality of the political and economic goals and interests of a particular class, social layer, group, social movement with the aim of moral consolidation of a socially heterogeneous society.

The worldview function is the moral foundations of an individual, the system of moral values ​​developed by him, which mediates all his political, religious, aesthetic, philosophical and other views.

The evaluative function is a person’s way of mastering reality using evaluative categories, for example, good and evil.

Orienting function - before making a moral judgment and implementing one or another form in action or behavior, sometimes you have to weigh a fairly significant number of circumstances; choosing from many norms the only correct, fair one can only be a good command of the science of ethics, a high level of moral culture, which are a mechanism that can give us an accurate guideline (the most moral line of behavior).

The identification of certain functions of morality (as well as a separate analysis of each of them) is quite conditional, since in reality they are always closely fused with each other , since morality simultaneously regulates, educates, orients, etc. It is in the integrity of functioning that the uniqueness of its impact on human existence is manifested.

Question 16. Independence as a universal principle of morality, its specification in the professional activity of a lawyer.

Independence is a moral quality that characterizes an individual’s ability to independently, freely and responsibly perform actions and choose a line of behavior.

Independence is the principle of professional activity.

Ethics of a prosecutor's office employee,

Ethics of a judge

The ethics of an entrepreneur is a set of norms of conduct for an entrepreneur in negotiations, communication, drawing up documentation, etc., reflecting the specifics of his activities, and also often determined by the historical conditions of a particular country,

Social work ethics is a manifestation of general moral standards in social services.

Professional ethics as a necessary condition for achieving the goals of professional activity:

• People performing the same functions in society develop in the process of their activities common moral standards, the meaning of which is to effectively contribute to the solution of professional problems and improve the personality of a specialist.

• Useful activity is socially oriented, aimed at the benefit of man, therefore it is based on the principle of humanism. The range of issues of professional ethics also includes the problem of work motivation. Labor is an activity that requires high discipline, attention, etc. The constant tension of the employee’s will is determined not only by material incentives, but also by moral values. Identifying them and choosing the optimal motivation model becomes an urgent task of professional ethics.

Question 20. Code of ethics: concept and its types. Question 21. Purpose, structure of the code of ethics, main issues to be regulated.

A code of ethics is a set of moral norms that are prescribed for execution and have one degree or another of reinforcement.

Features of the Code of Ethics:

1. The code reflects those moral requirements that the spontaneous moral consciousness of a society or group had already developed before it.

2. The Code covers mainly those standards of behavior that are practiced by the vast majority

3. It reflects norms of behavior that are desirable and ideal, but society is not yet able to ensure their implementation

The role of the code of ethics: it is a set of rules and norms of behavior that are shared by group members. With the help of the code, certain models of behavior and uniform standards of relationships and joint activities are set. The code of ethics is one of the levers of personnel management. With its help, you can unite all team members and create a corporate culture.

Types of ethical codes:

1) Professional Code of Ethics - regulates relations within the professional community,

2) National Code of Ethics - establishes the basic rules of ethical behavior and indicates moral guidelines,

3) World Code of Ethics - testifies to social progress, the gradual humanization of society,

4) Corporate Code of Ethics – the goal is to help corporation employees behave ethically.

Types of codes (according to the textbook):

• general moral code - the requirements are universal;

• codes of corporate ethics;

• professional codes of ethics,

• codes of professional ethics.

Functions of the code of ethics:

• Reputational – increasing trust in the company from potential investors and business partners.

• Managerial – formation of ethical aspects of corporate culture between stakeholders, regulation of priorities in relations with external stakeholders, listing and specifying forms of behavior that are unacceptable from an ethical standpoint, determining the order and procedure for developing and making decisions in complex ethical situations.

• Development of corporate culture – focusing employees on common corporate goals.

Features of codes of both corporate and professional ethics in contrast to general moral codes:

1. Represent a systematic collection of principles and norms of corporate or professional behavior

2. Mandatory, which is achieved through their legitimation either administratively or through approval by a congress or congress of representatives of a given profession

3. Their execution is ensured, including disciplinary measures, for which mechanisms and procedures for control and disciplinary action are provided, and the authorized subjects of such control and appropriate sanctions are indicated

The professional code of ethics has a clearly defined structure and can be represented as consisting of the following main sections:

1. preamble ( introduction ), which substantiates the need to introduce the code, reveals its goals and objectives, areas of application, and defines the subjects and objects of activity;

2. values ​​– requirements for the essence and content of professional activity as such;

3. principles of behavior - the most general requirements for the behavior of specialists across the entire range of their activities;

4. professional duty and responsibilities (standards) of specialists (to society and the state, profession, colleagues and staff, students and their parents, to themselves);

5. requirements for the personality qualities of a specialist , criteria for professional suitability and selection , the requirement for professional and personal improvement;

6. enforcement of the code, a system of sanctions (punishment and rewards);

7. conditions for the validity and legalization of the codec (when and by whom it was adopted, in what cases it can be used and under what conditions it can be suspended).

Sometimes the code contains additional sections:

• main problem areas, conflict zones and the most common ways to resolve them;

• the most important rules of professional etiquette;

• cooperation with other professional associations, government and public bodies;

• provision of services, remuneration for work.

A specific example is the code of judicial ethics (see question 23).

CHAPTER 2. GENERAL REQUIREMENTS FOR THE CONDUCT OF A JUDGE

Article 4. Requirements for compliance with legislation and the Code of Judicial Ethics

1. When performing his duties in the administration of justice, a judge must proceed from the fact that the judicial protection of the rights and freedoms of man and citizen determines the meaning and content of the activities of the judiciary.

2. In his professional activities and outside of service, a judge is obliged to comply with the Constitution of the Russian Federation, federal constitutional laws, federal laws, be guided by the Law of the Russian Federation “On the Status of Judges in the Russian Federation”, norms of procedural legislation, other normative legal acts, as well as principles and rules behavior established by the Code of Judicial Ethics, generally accepted norms of morality and morality, strictly follow the oath of the judge.

3. Compliance with the Code of Judicial Ethics should be the internal conviction of the judge, the rule of his life, and should help strengthen public confidence in the judicial system, his confidence that justice is carried out competently, independently, impartially and fairly.

Article 5. Requirements for ensuring priority in professional activities

1. A judge must proceed from the fact that the administration of justice is a priority for him in relation to any other activity that he has the right to carry out in accordance with the legislation on the status of judges.

2. A judge does not have the right to evade consideration of applications, petitions and complaints received by him or to otherwise refuse to perform his professional duties, except for cases requiring a statement of self-recusal.

3. During the entire term of office, a judge must not carry out any activities that could call into question his independence and impartiality and lead to a conflict of interest.

4. In addition to exercising judicial powers, a judge may engage in other paid activities permitted by law, including teaching, scientific, and creative activities, if this does not interfere with the administration of justice.

Article 6. Requirements for a judge aimed at ensuring his status

1. A judge must follow high standards of morality and morality, be honest, maintain personal dignity in any situation, value his honor, avoid anything that could diminish the authority of the judiciary and damage the reputation of the judge.

2. A judge must conscientiously exercise his civil rights and perform civil duties. He must not use his official position to obtain personal advantages in civil relations. He should avoid concluding agreements that entail the emergence of financial obligations with persons who are professionally dependent on him, as well as with persons who are participants in legal proceedings in cases pending before him.

3. A judge should not use his status in order to obtain any benefits, services, commercial or other benefits for himself, his relatives, friends, acquaintances (for example, obtaining a loan, concluding agreements on terms other than those provided for other persons ); demand or accept benefits, payments and advantages not provided for by the legislation of the Russian Federation (for example, loans, interest-free loans, services, payment for entertainment, recreation, transportation expenses) and is obliged to take reasonable measures to ensure that these benefits, payments and advantages cannot be accepted members of his family, if this is caused by actions that the judge has committed or intends to commit, or by the judge’s inaction in connection with the performance of his official duties.

A judge should not use his status when contacting various state bodies and local governments on personal issues; receive remuneration related to the performance of duties to administer justice from sources other than the federal budget, and in cases provided for by law, the budget of the relevant constituent entity of the Russian Federation.

4. A judge must be aware of his personal property and the sources of its formation, and must take reasonable measures to obtain information about the property and material interests of his family members.

5. A judge should not perform any actions or give reasons to other persons to perform such actions that would allow one to draw a conclusion about influencing the exercise of the judge’s powers and to doubt the independence and impartiality of the judge.

Article 7. Requirements regarding the acceptance of titles, awards, gifts

A judge may accept honorary and special titles, awards and other insignia, including from foreign states, political parties, public associations and other organizations, as well as receive gifts in cases and in the manner prescribed by law.

Article 1

The Code of Professional Ethics for Lawyers establishes mandatory rules of conduct for every lawyer when carrying out legal activities, based on the moral criteria and traditions of the legal profession, on international standards and rules of the legal profession, as well as the grounds and procedure for holding a lawyer accountable.

Lawyers have the right in their activities to be guided by the norms and rules of the General Code of Rules for Lawyers of the Countries of the European Community insofar as these rules do not contradict the legislation on advocacy and the legal profession and the provisions of this Code.

Article 2

1. This Code supplements the rules established by the legislation on advocacy and the legal profession.

2. No provision of this Code should be interpreted as prescribing or allowing the commission of acts that contradict the requirements of the legislation on advocacy and the legal profession.

Article 3

1. This Code applies to lawyers.

2. Lawyers (heads of legal entities (divisions)) are obliged to familiarize assistant lawyers, trainee lawyers and other employees with this Code, ensure their compliance with its norms in the part corresponding to their functional responsibilities.

Article 4

1. A lawyer must, under all circumstances, maintain the honor and dignity inherent in his profession.

2. The need to comply with the rules of the legal profession follows from the fact of conferring the status of a lawyer.

The lawyer's oath is taken by an applicant who has successfully passed the qualifying exam for the status of lawyer, in a solemn ceremony no later than three months from the date the qualification commission makes a decision to grant the applicant the status of lawyer. The document containing the text of the oath and the signature of the lawyer under it is kept in the files of the Council of the corresponding bar association of the constituent entity of the Russian Federation (hereinafter referred to as the Council).

2.1. By taking the oath of attorney, the applicant who has passed the qualification exam assumes responsibility for performing the duties of a lawyer and observing the rules of conduct established by the legislation on advocacy and the legal profession and this Code.

3. In cases where issues of professional ethics of a lawyer are not regulated by the legislation on advocacy and the legal profession or by this Code, the lawyer is obliged to comply with the customs and traditions established in the legal profession that correspond to the general principles of morality in society.

4. In a difficult ethical situation, a lawyer has the right to turn to the Council for clarification, which cannot be denied to him.

Article 5

1. The professional independence of a lawyer, as well as the client’s confidence in the decency, honesty and integrity of the lawyer are necessary conditions for trust in him.

2. A lawyer must avoid actions (inactions) aimed at undermining trust.

3. Breach of trust is incompatible with the title of lawyer.

Article 6

1. There can be no trust in a lawyer without confidence in maintaining professional secrecy. Professional secrecy of a lawyer (advocate privilege) ensures the immunity of the principal granted to the latter by the Constitution of the Russian Federation.

2. Maintaining professional secrecy is an absolute priority of a lawyer’s activities. The period for keeping secrets is not limited in time.

3. A lawyer cannot be released from the obligation to maintain professional secrecy by anyone other than the client. The principal's consent to terminate the attorney-client privilege must be expressed in writing in the presence of a lawyer under conditions that exclude influence on the principal by the lawyer and third parties.

4. Without the consent of the client, a lawyer has the right to use information communicated to him by the client to the extent that the lawyer considers reasonably necessary to substantiate his position when considering a civil dispute between him and the client or for his defense in disciplinary proceedings or criminal proceedings initiated against him.

5. The rules for maintaining professional secrecy apply to:

– the fact of contacting a lawyer, including the names of the principals;

– all evidence and documents collected by the lawyer during preparation for the case;

– information received by the lawyer from clients;

– information about the principal that became known to the lawyer in the process of providing legal assistance;

– the content of legal advice given directly to the principal or intended for him;

– all legal proceedings in the case;

– terms of the agreement for the provision of legal assistance, including monetary settlements between the lawyer and the client;

– any other information related to the provision of legal assistance by a lawyer.

6. A lawyer does not have the right to give testimony about circumstances that became known to him in connection with the performance of his professional duties.

7. A lawyer cannot assign to anyone the right of a monetary claim against the principal under an agreement concluded between them without the special consent of the principal.

8. Lawyers carrying out professional activities jointly on the basis of a partnership agreement, when providing legal assistance, must be guided by the rule of extending secrecy to all partners.

9. In order to maintain professional secrecy, a lawyer must conduct office work separately from materials and documents belonging to the principal. Materials included in the lawyer's proceedings in the case, as well as correspondence between the lawyer and the client, must be clearly and unambiguously designated as belonging to or emanating from the lawyer.

10. The rules for maintaining professional secrecy apply to attorney assistants and trainees, as well as other employees of legal entities.

Assistants and trainees of attorneys, as well as other employees of legal entities, are warned in writing about the need to maintain attorney-client privilege and sign a non-disclosure agreement.

Article 6.1

1. For the purposes of this Code, a principal means:

– a person who has entered into an agreement with a lawyer to provide legal assistance;

– a person to whom legal assistance is provided by a lawyer on the basis of an agreement for the provision of legal assistance concluded by another person;

- a person to whom a lawyer provides legal assistance free of charge or as directed by the inquiry body, preliminary investigation body or court.

2. When resolving an issue related to maintaining attorney-client privilege, a principal is understood to be any person who has entrusted the lawyer with personal information for the purpose of providing legal assistance.

Article 7

1. A lawyer accepts an assignment to conduct a case even if he has doubts of a legal nature, which do not exclude the possibility of supporting and defending it reasonably and in good faith.

2. Prevention of legal disputes is an integral part of the legal assistance provided by a lawyer, therefore the lawyer takes care of eliminating everything that impedes a settlement agreement.

Article 8

When carrying out professional activities, a lawyer is obliged to:

1) honestly, reasonably, conscientiously, qualifiedly, principledly and timely fulfill their duties, actively protect the rights, freedoms and interests of principals by all means not prohibited by law, guided by the Constitution of the Russian Federation, the law and this Code;

2) respect the rights, honor and dignity of persons who turn to him for legal assistance, clients, colleagues and other persons, adhere to a demeanor and style of dress appropriate for business communication;

3) constantly improve their professional level in the manner established by the bodies of lawyer self-government;

4) conduct legal proceedings.

Article 9

1. A lawyer has no right:

1) act contrary to the legitimate interests of the principal, provide him with legal assistance, guided by considerations of his own benefit, immoral interests or under the influence of external pressure;

2) take a position in the case that is opposite to the position of the principal and act against his will, except for cases where the defense lawyer is convinced of the existence of self-incrimination of his client;

3) make public statements about the proof of the principal’s guilt if he denies it;

4) disclose, without the consent of the principal, information communicated by him to the lawyer in connection with the provision of legal assistance to him, and use them in his own interests or in the interests of third parties;

5) accept orders for the provision of legal assistance in quantities that are obviously greater than the lawyer is able to fulfill;

6) impose one’s assistance on persons and attract them as trustees by using personal connections with employees of judicial and law enforcement agencies, promising a successful resolution of the case and other unworthy means;

7) make statements during the proceedings that belittle the honor and dignity of other participants in the proceedings, even if they behave tactlessly;

acquire in any way for personal interests property and property rights that are the subject of a dispute in which the lawyer takes part as a person providing legal assistance;

9) provide legal assistance as assigned by the inquiry bodies, preliminary investigation bodies or the court in violation of the procedure for its provision established by the decision of the Council;

10) provide legal assistance in the context of a conflict of interests of clients, provided for in Article 11 of this Code.

2. A lawyer has the right to combine advocacy with work in the legal entity in which he carries out his advocacy, as well as with work in elected and other positions in the bar chamber of a constituent entity of the Russian Federation, the Federal Chamber of Lawyers, and public associations of lawyers.

The exercise by a lawyer of the powers assigned to him in connection with his election to a position in the Bar Chamber of a constituent entity of the Russian Federation or the Federal Chamber of Lawyers, as well as the exercise by a lawyer of the powers of the head of a lawyer's education (unit) is his professional responsibility and does not relate to labor relations.

The remuneration paid to a lawyer for work in legal education, the bar chamber of a constituent entity of the Russian Federation and the Federal Chamber of Lawyers in connection with the exercise of these powers is in the nature of a compensation payment.

3. A lawyer also has no right:

– engage in other paid activities in the form of direct (personal) participation in the process of selling goods, performing work or providing services;

– outside the scope of advocacy, provide legal services (legal assistance), with the exception of dispute resolution activities, including as a mediator, arbitrator, as well as participation in charitable projects of other civil society institutions that provide for the provision of legal assistance free of charge.

3.1. Cooperation with bodies carrying out operational investigative activities in the course of practicing law is incompatible with the status of a lawyer.

4. The performance of professional duties on accepted assignments must have priority for a lawyer over other activities.

The performance of other activities by a lawyer must not discredit the honor and dignity of the lawyer or damage the authority of the legal profession.

Article 10

1. Law and morality in the legal profession are higher than the will of the client. No wishes, requests or demands of the principal aimed at non-compliance with the law or violation of the rules provided for by this Code can be fulfilled by a lawyer.

2. A lawyer does not have the right to give promises to a person who has applied for legal assistance or to a principal of a positive result in fulfilling the assignment.

3. A lawyer should not accept an assignment if its execution will interfere with the execution of another previously accepted assignment.

4. A lawyer should not place himself in debt dependence on the client.

5. A lawyer should not allow familiar relations with the client.

6. When canceling an assignment, the lawyer must immediately return to the principal all original documents on the case and the power of attorney received from the latter, and also when canceling or executing the assignment, provide the principal, at his request, with a report on the work done.

7. When executing an assignment, the lawyer proceeds from the presumption of reliability of the documents and information presented by the principal and does not conduct additional verification of them.

8. The obligations of a lawyer, established by the current legislation, when providing legal assistance free of charge in cases provided for by law, or as assigned by the inquiry body, preliminary investigation body or court, do not differ from the obligations when providing legal assistance for a fee.

9. If, after accepting the assignment, in addition to the assignment for defense in a criminal case during the preliminary investigation and in the court of first instance, circumstances are revealed under which the lawyer was not entitled to accept the assignment, he must terminate the agreement. When deciding on the impossibility of fulfilling an assignment and terminating the agreement, the lawyer must, if possible, notify the principal about this in advance so that the latter can contact another lawyer.

Article 11

1. A lawyer does not have the right to be an adviser, defender or representative of several parties in one case whose interests contradict each other, but can only contribute to the reconciliation of the parties.

2. If, as a result of specific circumstances, the need arises to provide legal assistance to persons with different interests, as well as in the event of a potential conflict of interest, lawyers providing legal assistance jointly on the basis of a partnership agreement are required to obtain the consent of all parties to the conflict relationship to continue the execution of the assignment and ensure equal opportunities for legal protection of these interests.

Article 12

When participating in legal proceedings, as well as representing the interests of the principal in state authorities and local governments, the lawyer must comply with the norms of the relevant procedural legislation, show respect for the court and persons participating in the case, monitor compliance with the law in relation to the principal and in case of violations of the latter’s rights petition for their removal.

When objecting to the actions (inaction) of judges and persons participating in the case, a lawyer must do this in the correct form and in accordance with the law.

Article 13

1. Apart from the cases provided for by the legislation on advocacy and the legal profession, a lawyer does not have the right to accept an assignment to carry out defense in one criminal case from two or more persons if:

1) the interests of one of them contradict the interests of the other;

2) the interests of one, although they do not contradict the interests of the other, but these persons hold different positions on the same episodes of the case;

3) it is necessary to protect persons who have reached and have not reached the age of majority.

2. A lawyer who has accepted, by appointment or by agreement, an assignment to provide defense in a criminal case, does not have the right to refuse the defense, except in cases specified in the law, and must perform the duties of a defense lawyer, including, if necessary, preparing and filing an appeal against the verdict court

A lawyer who has accepted an assignment for defense at the stage of preliminary investigation by appointment or by agreement does not have the right to refuse defense in the court of first instance without good reason.

3. The defense lawyer must not unnecessarily worsen the situation of other defendants. Any actions of a lawyer directed against other defendants, whose interests contradict the interests of the client, are justified only when without this the protection of his client cannot be fully carried out.

4. The defense lawyer is obliged to appeal the verdict:

1) at the request of the client;

2) if the court did not share the position of the defense lawyer and (or) client and imposed a more severe punishment or punishment for a more serious crime than the lawyer and (or) client requested;

3) if there are grounds to cancel or change the sentence for reasons favorable to the defendant.

The defendant’s refusal to appeal the verdict is recorded by his written statement to the lawyer.

Article 14

1. If, for good reasons, it is impossible to arrive at the appointed time to participate in a court hearing or investigative action, as well as if he intends to apply for the appointment of another time for their conduct, the lawyer must, if possible, notify the court or investigator about this in advance, and also inform about this other lawyers participating in the process, and agree with them on the time for performing procedural actions.

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↑ Morals and ethics

A concept close in meaning to morality is “morality”; many thinkers identify these concepts, i.e. treat them as synonyms. However, it should be understood that if morality is social principles and customs, then morality
is internal (spiritual) individual beliefs and principles of behavior (conscience, honor, dignity).

Philosophical science, the subject of study of which is morality, is called ethics

(from gr. - custom). Ethics clarifies the place and role of morality in the system of other components of culture (such as science, law, religion, art, etc.), analyzes its nature and internal structure, studies the origin and historical development of morality, and substantiates its various systems.

Functions

Morality, as we already understood from the description above, is one of the most important cogs in the social system. Its functions are comprehensive and cover every area of ​​life, so describing them separately is a long task. However, we can draw an approximate picture if we classify these same functions. We will speak primarily using the example of public morality. We highlight the following functions:

• Estimated.
• Regulatory.
• Controlling.
• Educational.

Evaluative morality considers certain actions from the point of view of concepts of morality. The assessment can come from public morality or from personal one. For example, you see someone stealing a TV from a store. You immediately think: “Oh, what a scoundrel! And he is not ashamed to steal. Rogue!" And then the thought comes to you: “Although, maybe his family is starving, but these penny-pinching businessmen will still not get any better.” Here, evaluative morality has worked for you, first public, and then personal.

The more random our morality, the more necessary it is to take care of the rule of law.

/Friedrich Schiller/

Regulatory morality establishes rules and norms of behavior to which evaluative morality is applied. The reins of such morality can be led either by a separate group of people or by the natural development or degradation of society. This happens alternately, and often the potential direction of morality is seen in advance. For example, when a country creates artificial “enemies” around itself, this primarily indicates an internal social division, and such actions serve to unite people. Certain individuals create “enemies,” and then society naturally unites in the face of a “common misfortune.”

Controlling morality is engaged in “monitoring” the implementation of norms by its regulatory counterpart. Control, as a rule, comes from the concepts of morality accepted by the social majority. For example, you see how a person follows his polygamous nature with all his might, breaking the hearts of lovely ladies. You will think: “Oh, he’s a good guy, he takes everything from life!” Public opinion will immediately slap you on the shoulder: “Hey, you must have mixed up something. This is terrible behavior. He is a womanizer and a scoundrel. His actions are extremely reprehensible." And you’re like, “Oh, well, yeah...”. This is where the controlling function of morality comes into play.

Moralizing is the creativity of mediocre people.

/Mikhail Prishvin/

To prevent you from developing such a separate opinion, and to prevent the majority from having to give a damn about you once again, there is educational morality. She is responsible for shaping your worldview. If eighth-grader Petya chases girls instead of studying, then an educational conversation will be held with his parents. “Well, it’s nature, you can’t run away from it,” the parent will say. And this is where parenting begins. It will be explained to them that if they do not want other people, complete strangers to you, to think badly of them, then they must rein in their tomboy.

↑ Law and Morality

Morality and law: generalities and differences

Unified State Exam in Social Studies / Man and Society Unified State Exam
Legal Dictionary

ABVGDEZHZIKLMN
ABOUT
PRSTUFHTSCHSHEY What is Public Morality?
Public morality
is a system of ethical norms, rules of behavior that have developed in society on the basis of traditional spiritual and cultural values, ideas about goodness, honor, dignity, public duty, conscience, justice Source: Art.
1 Law On the protection of public morality Types of work on land management are...Activities in the field of land management are...Documentation on land management are...Activities on land management are...Land management are...ABVGDEZHZIKLMN ABOUT PRSTUFHTSCHSHEYHomeKnowledge base "
Allbest" Ethics and aesthetics
Morality as a social phenomenon

Social approach

The social approach shows morality on the part of society. It develops and changes, adapting to his needs. That is, morality did not appear from the gods and was not laid down initially, but was only artificially created by social institutions. Obviously, morality was invented as a tool for regulating relationships.

This approach opens up space for debate. After all, no one will argue with old Moses, who could communicate with God face to face, just as no one will go against the centuries-old wisdom of nature. This means that morality is perceived as something given and immutable. But when we take a social approach, we become open to disagreement.