Ethical adaptation and legal regulation of modern technology

2021 ◽  
pp. 209660832110530
Author(s):  
Jie Song
Keyword(s):  
Research And Development ◽  
Legal System ◽  
Ethical Issues ◽  
Chinese Philosophy ◽  
Legal Regulation ◽  
Modern Technology ◽  
Academic Community ◽  
Responsible Innovation ◽  
Negative Consequences ◽  
Ethical Norms

The efficiency and convenience afforded by modern technology have increased its importance to society in recent years. However, the risks and ethical issues associated with it can lead to many social problems. There is consensus in the academic community that standardizing the research and development of modern technology can help solve those problems. Although different in scope, ethical adaptation and legal regulation are both effective ways to regulate modern technology. Ethical adaptation is mainly used to optimize the environment of research and development on modern technology. The coordination of Dao (the ‘way’ in classical Chinese philosophy) and technology is a means of constructing a rational technical ethic. The social construction of technology provides the possibility for Dao–technology coordination, and responsible innovation is a responsibility that should be shouldered by technical workers. The ethical adaptation of modern technology has a significant influence but limited restraints. When ethical adaptation cannot function, it is necessary to consider technical behaviour within the scope of legal regulations and restrain modern technology by formulating and implementing a legal system for it. The relevant laws are grounded in the coercive force of the state and are far more effective than ethical norms. Moreover, a lack of ethics for technological actors has caused some negative consequences in the application of technology. When formulating laws regarding technology, it is important to include science and technology policies and ethical norms to complete the legal system for technology. The derivative effect of modern technology requires the joint action of ethics and law. Only when they coordinate with and promote each other can the benign development of modern technology and the orderly development of modern society be realized.

Predictions and Risks in the Legal Sphere

10.12737/2575 ◽  
2014 ◽  
Vol 2 (3) ◽  
pp. 5-17 ◽  
Author(s):  
Юрий Тихомиров ◽  
YUriy Tikhomirov
Keyword(s):  
System Dynamics ◽  
Social Development ◽  
International Law ◽  
Legal System ◽  
Legal Regulation ◽  
Legal Regulations ◽  
Negative Consequences ◽  
Legal Risks ◽  
Legal Effect ◽  
Development Processes

The article is devoted to the concept of advanced legal effect, targets of legal prognosis, such as scientific prognostication of dynamics of legal conditions, optimal legal effect on social and politic processes, avoidance of possible deviations. Elements of juridical prognosis are determined: borders and contents of perspective legal regulation, means of correlation of social development processes and their legal reverberation. Theses correlation could help to ascertain cause-and-effect relations in the legal system, dynamics of legal regulations in national and international law, dynamics of statutes and functions of subjects of law, legal risks. All these elements would stimulate minimizing of negative consequences. Methods of prognostication and a range of criteria for an estimation of results are also considered in the article.

Editorial

2013 ◽  
Vol 1 (2) ◽  
pp. 1-3
Author(s):  
João José Pinto Ferreira ◽  
Anne-Laure Mention ◽  
Marko Torkkeli
Keyword(s):  
Economic Development ◽  
Education Research ◽  
Research And Development ◽  
Research Integrity ◽  
Academic Community ◽  
Human Knowledge ◽  
Academic Institutions ◽  
Current State ◽  
State Of Research ◽  
Successive Generations

The expansion of human knowledge in all areas is largely the outcome of the activity of academic institutions and the result of their mission to contribute to the cultural, intellectual and economic development of the society, involving education, research and university extension activities. For many years, the academic community has been organizing itself in all different ways to respond to current and future needs, ensuring research integrity and recognition, and building on successive generations of peers to validate and support the launching and development of novel research streams. We owe the current state of research and development of our society to generations of scholars and scientists that have brought all of us here.(...)

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

Natural resource and post-resource relations: the hierarchy of branches and the ratio of subjects

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Natural Resource ◽  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Human Needs ◽  
Forest Law ◽  
Environmentally Sound ◽  
The Relationship

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law

On the emergence of new branches in the legal system of Ukraine

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Zemko Alla ◽  
◽  
Pyndor Yulia ◽  
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Human Life ◽  
Legal Regulation ◽  
Current Approach ◽  
Modern World ◽  
Negative Attitudes ◽  
Global Trends ◽  
Qualified Personnel ◽  
Regulation Method

The article analyzes the current approach to the identification of new branches in the legal system of Ukraine.The modern world does not stand still and is constantly evolving and gives impetus to the development of all spheres of human life, respectively, there are relationships that require legal regulation.Some scholars believe that in the presence of an independent subject of legal regulation, its ownmethodology of legal regulation and a set of specialized legislation, it is possible todistinguish an autonomousbranch of law. It is determined that the emergence of new branches of law is hindered by the dominant concept of the existence of only the main ones. Proponents of this concept categorically reject the possibility of the existence of relevant secondary, complex branches of law. This scientific approach inhibits the study of modern social relations. Negative attitudes towards the separation of new branches of law inevitably lead to gaps in the field of special legal research and, as a consequence, to a lack of qualified personnel with specialized knowledge. It is suggested to take into account the positive experience of foreign colleagues of lawyers who boldly present the achievements of current practices and are not afraid to consider them branches of law, we mean educational, sports, military, gender, «cryptocurrency», admiralty law and others. It is concluded that the division of law into new branches allows more effective regulation of legal relations in relevant areas, given that global trends are increasingly in demand for universal lawyers, but with specialization, with in-depth knowledge in one or more areas of law. Keywords: branch of law, subject of legal regulation, method of legal regulation, complex branch of law

Democratic Experimentalism or Capitalist Synchronization? Critical Reflections on Directly-Deliberative Polyarchy

2004 ◽  
Vol 17 (1) ◽  
pp. 101-127 ◽  
Author(s):  
William E. Scheuerman
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
High Speed ◽  
Legal Regulation ◽  
Liberal Democratic ◽  
Regulatory Law ◽  
Democratic Rule ◽  
Joshua Cohen ◽  
Democratic Experimentalism ◽  
Critical Reflections

Contemporary “flexible capitalism” requires novel forms of legal regulation. In this vein, Joshua Cohen, Michael Dorf, Archon Fung, and Charles Sabel have developed a provocative set of proposals for a new mode of regulatory law, what they describe as “democratic experimentalism” or, alternately, “directly deliberative polyarchy.” Their proposal are criticized: they not only fail to take traditional liberal democratic rule of law virtues seriously enough, but it remains unclear whether they can effectively tame and humanize capitalism. Instead, some evidence suggests that their proposals simply amount to a normatively problematic synchronization of the legal system with contemporary high-speed capitalism.

scholarly journals ECONOMIC CONSEQUENCES OF CYBERCRIME AND LEGAL REGULATION MECHANISMS IN GEORGIA

2021 ◽  
pp. 208-213
Author(s):  
Tamar Makasarashvili ◽  
Tea Khorguashvili ◽  
Giuli Giguashvili ◽  
Aleksandre Sadagashvili
Keyword(s):  
Information Security ◽  
Cyber Security ◽  
Legal Regulation ◽  
The State ◽  
Economic Consequences ◽  
Main Task ◽  
Negative Consequences ◽  
Prevention Policy ◽  
Effective Prevention ◽  
Regulation Mechanisms

With the development of Internet technologies, cybercrime has also evolved and diversified. Much of the world's economic and business information comes from electronic information, and the need for remote work caused by the coronavirus (COVID-19) pandemic has further increased demand for e-services, which in turn has contributed to increased technology risks, threats, and incidents. The main task of the states is to actively fight against the negative socio-economic, financial, and political consequences caused by the growth of cybercrime. The main purpose of the study is to assess the negative consequences of cybercrime in Georgia, the main threats to information security, to develop recommendations for the prevention of cybercrime, to improve its legal regulation mechanisms. The fight against cybercrime in Georgia is carried out using criminal norms. The law "On Information Security" is in force in the country, Georgia's cyber security strategy has been developed, but this process needs constant development. The main task of the state is to gradually improve the legislation and bring it in line with modern technologies, to ensure close cooperation between the state and society, to raise the awareness of civil society. It is essential to constantly inform the public and companies about cyber threats, as effective prevention is the best form of crime prevention policy.

scholarly journals Legal protection of the Arctic environment related tourism activity

2020 ◽  
pp. 9-23
Author(s):  
Nikolai Kudelkin
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
The Arctic ◽  
Infrastructure Development ◽  
Negative Consequences ◽  
Negative Effects ◽  
Economic Sectors ◽  
Arctic Environment ◽  
Cruise Tourism ◽  
Tourism Activity

The Arctic continues to attract more and more tourists. In some of the Arctic regions, tourism in general and cruise tourism in particular is becoming one of the fastest growing economic sectors. However, aside from the economic benefit, the Arctic tourism poses a certain threat to the sensitive environment of the Arctic, which currently experiences constantly increasing pressure from economic activity and climate change. Major negative consequences of tourism activity include the pollution of territories and water zones, worry of animals, direct destruction of flora and fauna, loss of the places of habitat due to infrastructure development, etc. The listed facts underline relevance of the selected topic of research, as well as the need for legal protection of the Arctic environment from negative effects caused by tourism. Analysis is conducted on the current situation in the area of Arctic tourism, as well as the questions of Russia’s Arctic policy pertaining to tourism activity. A brief overview is provided to the international legal regulation in this sphere. The author concludes on the insufficiency of legal regulation in the area of Arctic tourism, and gives recommendations on the improvement of Russian legislation. It is noted that tourism is one of the few types of activities in the Arctic that sparks interests of multiple countries, and in which the acceptance of universal standards seems possible.

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