Ethical and aesthetic in the activities of people and lawyers, taking into account their specifics, constitute an inseparable whole. Any of their actions, actions, including the motive, have both aesthetic and ethical value.

Revealing the content of social progress, we realized that it is possible only on the basis of humanistic values, morality , beauty , as well as those powers that each person can implement. It is these three most important spheres of people's existence that represent the potential, the realization of which provides humanity with the chance and opportunity to provide itself, its descendants with a positive future, to resolve the palette of global problems that have "risen" before people.


As a result of studying the material in this chapter, the student must:


• the content of morality and morality;

• object, subject, categories and basic laws of ethics;

• Features of the professional ethics of a lawyer;

• Ethical aspects in the life and work of lawyers;

• the content of the ethics of the judge and etiquette;

be able to

• Comprehend the moral culture of a lawyer;

• create a moral atmosphere in the relationship between lawyers and their clients;

• Apply the acquired knowledge about morality to form high moral qualities in yourself and colleagues at work;

• assess conflict situations from a moral standpoint and resolve them with ethical means;

• Analyze the contradictions of professional activities of a lawyer based on moral and moral criteria;

• conscientiously fulfill professional duties, observe the principles of ethics of a lawyer;

own skills

• resolving social contradictions based on the use of knowledge of ethics;

• using the provisions of ethics in identifying the essence of social problems, including offenses;

• application of the principles of ethics in the practice of a lawyer;

• Inclusion of moral and aesthetic regulations in the formation of the personality of a lawyer;

• reasoned, ethically consistent conduct of court hearings.

The nature and essence of morality and morality

Initially, in Eastern and ancient cultures, questions of practical morality related to ethics. In a special discipline, ethics were singled out Aristotle and from him received this name. Then, because of historical events, this concept was used by the Romans, who gave it the name "morality". It also meant temper, custom. Roman

thinkers, among whom was Mark Tullius Cicero (106-43 BC), formed from the notion mos the adjective moralis - morale.

Morality provides a person with criteria by which he can evaluate the actions of surrounding people, understand and comprehend their specific deeds, their lives, formulate for themselves meaningful goals, determine the motives for their activities, attitudes, the meaning of their being. Later, but to the extent of the development of science, culture and public consciousness, ethics and morality have different content. Under morality one of the ways of regulatory behavior behavior of a person, the kind of relationships and interactions between people, one of forms of public consciousness, and ethics - science , studying morality. In the Old Slavonic language, the notions "morals", "morality" the customs established in the society, as well as the internal attitudes of a person who acted on his conscience and free will. This is the etymological correlation of the concepts under consideration, which today have different content.

Morality (Latin moralis , morale - moral) is a form of social consciousness, a set of norms and the principles of human behavior towards other people, as well as to society, inanimate and living nature based on criteria based on the highest good - good.

The content of the category & mor; morality reflects the totality of traits and properties of a person who "mastered" specific morality. By morality, the internal or internalized side of morality is most often meant, while the latter is viewed as an external aspect of the relation to man. In this regard, one can speak about morality of man only from the standpoint of assessing a person's responsibilities relatives, society, Homeland or the highest essence - God.

Morality reflects the inner, spiritual qualities of a person, norms, rules, principles of behavior, expressed in terms of good and evil , justice and injustice , honor and dishonor , etc.

One of the basic rules of morality can be formulated as follows: "(Не) act towards others as you (do not) want them to do to you." This rule people have always attached great importance to, and called the "golden rule". It is firmly entrenched in the public consciousness, as evidenced, for example, by the United States proverb: "What you do not love in another, do not do it yourself."

Morality regulates human behavior in all spheres of society: in work, life, politics, science, legal activity, in family, intragroup, interclass, interfaith, international and other relationships. In all these spheres and areas of life, the principles of morality are of social and universal importance and extend to all people. They fix the general and basic that makes up the culture of interhuman relations, is postponed and fixed in the centuries-old experience of the development of societies. To principles morals include altruism, humanism, collectivism, individualism, mercy, peace, patriotism, equality, selfishness, etc. Morality acts in society as the unity of three structural elements: moral activity; ; Moral Relations ; moral consciousness. This creates a special way of spiritual and practical mastering of reality, and it is realized in the social practice of people through specific functions of morality

Moral activity is a special way, within the framework of moral values, a motivated set of operations performed by someone (a person, a group, a community), embodied in a concrete result, having a humanistic content.

In moral activity, all these structural elements must have a moral content. This is especially important for the work of lawyers, where everything should be carried out in the name of interests and for the good of man. For example, when making court decisions, a judge first of all sees a person with his rights fixed in the US Constitution, and then a citizen who has committed certain acts and is responsible for them by law.

The possibility of public evaluation from the standpoint of morality is manifested in life because we are all in a complex system of connections and interactions, which constitute social relations. In their structure they manifest and moral relations.

Moral relations can be called such connections and interactions of people, which are based on the observance by its participants of the basic moral principles, as well as motivated by the interests of good, justice, in the broadest sense of the word - a positive good.

In the vast structure of human relations, moral relations have a special character of connections and interactions. Regulator in them are not only moral principles, but also human feelings, one of which is a feeling of conscientiousness.

Conscientiousness is a manifestation of a person's experiences for what he did not, did not show, although he had all the possibilities to act in the interests of another person.

In other words, moral relations are such connections and interactions between people, between people and other subjects of wildlife, to which the active side will never show disrespect as an opponent, will not put himself "above" opponent, will not use any methods and means that would derogate the dignity of the other party. These are such connections, interactions between subjects that represent a humanistic manifestation in a person.

Thanks to the ability of a person and society to moral assess all aspects of social life (economic, political, spiritual), as well as to provide moral justification for economic, political, religious, scientific, aesthetic and other purposes, morality is included in all spheres of public life. The social connection of individuals that arises in this case involuntarily encompasses their a priori trust, benevolence, sympathy for each other. Without this initial trust in people (doctors, cooks, chauffeurs, rulers, etc.), no social life is possible. This social connection

and the interdependence of people, arising from the simple fact of their life together, and is the objective basis of morality - the leading spiritual regulator of society's life (Figure 13.1).

Fig. 13.1. The structure of human morality

Disclosing the content of moral consciousness, we necessarily come into contact with moral consciousness rights. If the moral consciousness is correlated and comparable to such a phenomenon as the public consciousness, and is its component part, then the moral consciousness is a part of the human consciousness.

Moral consciousness is a collection of ideas, views, concepts that reflect the palette of social being from the perspective of criteria such as good and evil.

This kind of consciousness is designed to "raise" social being on the level of humanistic relations, humanistic values.

Moral consciousness is a side of human consciousness, a set of ideal images formed by it on the basis of axiological assessments of objective reality, expressed through speech and embodied in reality through practical transformative activity.

Features of the moral consciousness are as follows: a) it differs from other species in having an axiological moment (it reflects not only the nature of the phenomenon, for the subject and thus the relation of the subject to the phenomenon); b) it has the function of orienting human consciousness to certain values ​​through norms, patterns and ideals.

The following elements are included in the structure of a person's moral consciousness: a) subjectively personal (a sense of shame, sovi, self-esteem, etc.); b) rational (moral concepts, beliefs, principles, ideals, etc.); c) emotional (love, hatred, envy, etc.); d) volitional (courage, cowardice, etc.).

In the moral consciousness of a person, we can distinguish the following levels: a) subconscious stimulating actions with needs, affects, stereotypes , attitudes, imitation; b) ordinary level, where actions are motivated by custom, tradition, opinion, authority of leaders, fashion, etc .; c) theoretical, or logic-rational, the level at which the manifestations of human activity are conditioned by interests expressed in the form of program ideas, moral norms, moral codes, sustainable principles.

A set of moral representations of a person, which are formed in his head on the basis of life experience or theoretical

comprehension of something, develops into a system of knowledge, the core of which are ethical categories : good, evil, justice, etc.

Consider the uniqueness of the social role of morality , i.e. its main functions: regulatory , estimated , educational.

Moral regulation behavior is primarily achieved by targeting a particular person public opinion as an evaluation impact.

The moral norm is a set of prescriptions and wishes, as well as prohibitions that are regulated either by public opinion or the personal will of a person, or on the basis of the rational image of good formed by him.

The moral norm is the requirement , fixed in the public and individual consciousness in the form of a certain verbal formulation. However, the very formulation and the thought or image associated with it are nothing more than a reflection of the prevalent type of behavior of people deemed significant in order to be commended by the social community, class, nation, society as a whole. This is a kind of ideal sample , reference , which is required to comply with everything in a particular community. In the moral norm there is a unity of consciousness and behavior , existing and proper, subjective and objective. It is a generalization of the correct in actions and moral relations. In this regard, the goal of moral education is the transformation of norms into habitual forms of everyday behavior.

Moral norms differ from other types of social norms vast scope, variety and flexibility ways of presenting claims and sanctions for their execution or non-execution. However, under certain conditions, moral norms can be transformed into articles of the law, and some normative acts have their correlates in morality.

Moral norms express their imperativeness , imperative. In this case, imperativeness is in the form of a system of requirements for behavior of persons in whom the common interest of the community of people to which the person belongs belongs. The code of moral principles and norms is called the moral code.

Moral norms secondary , derivatives of social necessity and appropriateness. The set of these norms chosen by people for themselves is ultimately determined by the need for social progress. Say, the injunction Be hardworking can not fail to meet the needs of social progress, and, conversely, the sentence "Be lazy" is not capable of becoming a moral norm.

There are two types of moral norms: 1) imperative; 2) deontical.

Imperative norms are expressed by simple imperative sentences, for example: "Be vigilant!", "Take care of the forest!" Two elements are found here: a) a description of some situation or state (descriptor); b) an indication that the given state already exists or is still only required to be realized (announcer).

Deontic norms oblige, allow or prohibit any actions, express moral necessity and are formulated with sentences with the words "should", "allowed" and is not allowed & quot ;. In this vein, art. 58 of the Constitution of the United States: "Everyone is obliged to preserve nature and the environment, to take care of natural resources."

For a functional analysis of the moral norm, one should dwell on three of its elements: dispositions, hypotheses, sanctions.

Disposition - is the central element of the moral norm, which expresses the content and nature of the requirement. The disposition stimulates positive moral activity. For example, the disposition of the norm-permissions for the heroic deeds "Fatherland is in danger!" encourages people to super-long, to heroic defense of their homeland. Disposition prohibition norm assumes the fulfillment of such requirements, which in their expression exclude a certain act. For example, "Do not lie, but tell the truth."

Hypothesis - the structural element of the moral norm, indicating the conditions of its performance. More often such condition is the instruction of the executor of norm. The hypothetical nature of moral norms is contained in codes of professional ethics, for example, judicial ethics. In them, the performers are people of a certain profession.

Sanction is a structural element of the moral norm, expressing ways or means to ensure its effectiveness: approval, condemnation in different forms and forms. In the formulations of the moral norm, sanction is usually not presented. True, there is an exception that is contained in such a norm: "Do not judge, so you will not be judged". As moral sanction may be emotional reaction of another person or persons to act: verbal approval or disapproval, gossip, boycotting, discussion at a meeting with this or that decision and other forms of expression of public opinion, as well as a court of one's own conscience. Unlike normative acts in morals, sanctions are not so definite and stable, which is due to the peculiarities of the functioning of morality as a regulator of public life.

Characteristic in the context of human performance of moral norms is that moral assessments of people's behavior and actions exist beyond time. The fact is that unlike the validity of other norms that can or can not be observed by people within a certain time, there are no time limits in moral assessments. Here, the actions of people who were committed in the past can be assessed. We can condemn the actions of fascists of the middle of the 20th century, although we realize the futility of these assessments.

A kind of moral evaluation is

self-esteem a man of his own actions and moral qualities. Of course, self-esteem never is not completely adequate the real value of a person as a moral person, as the scale of exactingness can be overstated or understated, because intramoral the criteria reflect the level of morality of the person and can be fixed in the formulas "both people and I", "so taken", "how conscience prompted"

etc. In such cases, it is quite possible that the behavior formally correct , in terms of deviant , the group to which the a specific person, can fall under the provisions of the US Criminal Code. For example, the case of drug use by any person is justified by himself, his group, but convicted by the family, is an offense in accordance with the legislation of the country's pasha.

In the life of society, morality fulfills the most important task of personality formation, is an effective tool for education. education. By concentrating the humanistic experience of humanity, morality makes this experience the property of every new generation of people, becomes one of the indicators of social progress.

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