scholarly journals The Legal Category "Public Good" in the Interpretation of the Constitutional Court of the Russian Federation

Lex Russica ◽  
2019 ◽  
pp. 78-84 ◽  
Author(s):  
P. L. Likhter
Keyword(s):  
Russian Federation ◽  
Common Good ◽  
Individual Autonomy ◽  
Constitutional Court ◽  
Public And Private ◽  
The Common Good ◽  
Private Interests ◽  
The Russian Federation ◽  
The Common ◽  
The Individual

The paper is devoted to the Russian Federation Constitutional Court understanding of the permissible limits of individual autonomy and boundaries of its limitation for the common good.Constitutional axiology as a form of direct relation to the model and practice of actual constitutionalism functions as the basis for the formation of a social policy. In Russia, economic cataclysms reveal problems in the system of pensions, taxation, employment and education. We are witnessing a certain deformation of the legal consciousness of the population. Such turning points inevitably raise questions about the best balance between the interests of the individual, society and the state.The threat of imbalance between public and private interests stimulates the highest judicial authorities to interfere in the formation of the hierarchy of constitutional and legal values. Increasingly, the Constitutional Court of the Russian Federation deals with issues of the common good, the need to take into account public interests in the resolution of tax, labor, civil and other types of disputes.

What Can Economists Contribute to the Common Good Tradition?

2017 ◽  
Author(s):  
Andrew M. Yuengert
Keyword(s):  
Common Good ◽  
Common Pool Resources ◽  
Economic Approach ◽  
Public And Private ◽  
Private Provision ◽  
The Public ◽  
The Common Good ◽  
The Common ◽  
The Individual ◽  
Insight Into

Although most economists are skeptical of or puzzled by the Catholic concept of the common good, a rejection of the economic approach as inimical to the common good would be hasty and counterproductive. Economic analysis can enrich the common good tradition in four ways. First, economics embodies a deep respect for economic agency and for the effects of policy and institutions on individual agents. Second, economics offers a rich literature on the nature of unplanned order and how it might be shaped by policy. Third, economics offers insight into the public and private provision of various kinds of goods (private, public, common pool resources). Fourth, recent work on the development and logic of institutions and norms emphasizes sustainability rooted in the good of the individual.

scholarly journals The Common Good in an Age of Moral Hyperpluralism: A Catholic Bioethical Perspective

2013 ◽  
Vol 44 (2) ◽  
pp. 345
Author(s):  
John Kleinsman
Keyword(s):  
Common Good ◽  
Individual Autonomy ◽  
Moral Good ◽  
The Common Good ◽  
Self Interest ◽  
The Gift ◽  
Innovative Work ◽  
The Common ◽  
The Individual ◽  
Contemporary Account

This article will argue that the notion of the common good is imperilled by a particular contemporary account of the moral good; one which, because of its (somewhat narrow) emphasis on the individual, readily lends itself to a state of 'moral hyperpluralism' in which 'the good' is primarily defined in terms of the promotion and protection of self-interest. At the same time, it will be argued that any quest to recover the notion of the common good cannot be achieved by either returning to, or holding onto, a more traditional account of morality. It will also be proposed that, as part of the quest to recover the common good, close attention needs to be paid to how the term is understood. The tension between individual autonomy and the welfare of society, and the differing ways in which this tension is resolved within different moral paradigms, will emerge as central to any discussion about the ongoing place of the common good in contemporary legal and moral debates. Finally, it is suggested that a solid basis for articulating a robust account of the common good may be found in the foundational and innovative work being done by thinkers of the gift to establish an alternative account of morality. 

scholarly journals Grounds for Canceling Seizure in Pre-Trial Criminal Proceedings

2020 ◽  
pp. 228-233
Author(s):  
Boris B. Bulatov ◽  
◽  
Alexander S. Dezhnev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Public And Private ◽  
Private Interests ◽  
Procedure Code ◽  
Civil Lawsuits ◽  
The Russian Federation

The article examines the normative legal basis of the grounds for canceling property seizure in pre-trial criminal proceedings. The problem of the legislator’s usage of evaluative categories in removing investigator’s, interrogator’s or court’s restrictions is also analyzed. The solution of this problem is made dependent on the implementation of public or private interests. Discussing these issues, the authors come to the conclusion that this sphere is neither presented nor analyzed in academic monographic works. This circumstance indicates the novelty of the study owing to the legal positions of the Constitutional Court of the Russian Federation on the issue. The conclusion about the priority of public principles over private interests concerning matters which are not related to civil lawsuits is made on the grounds of empirical data and the analysis of legislative approaches. The contradictions of the provisions of the Criminal Procedure Code of the Russian Federation regulating the basis and procedure for canceling property seizure and the laws on bankruptcy are identified. The directions for improving the legal regulation of these issues are presented. The necessity of a multisectoral regulation of some aspects of law enforcement is inferred. The examination of private principles in canceling property seizure is connected with securing a civil lawsuit in criminal proceedings. The authors substantiate the existence of additional opportunities in making decisions in this field via the legal regime. This regime is also used in some other legal acts and may be put into practice in accordance with the Criminal Procedure Code of the Russian Federation. However, the imposed restrictions can be canceled on the basis of the decision by a person considering a criminal case. The authors note the incoherence of some provisions of Part 3 and Part 9 of Article 115 of the Criminal Procedure Code of the Russian Federation. This incoherence is connected with different approaches to the view on public and private interests in decision making. The authors substantiate the necessity of a legal linking of grounds for canceling property seizure with the decision on imposing this resriction. The conclusion about the comprehensive order of property seizure is made in the final part of the article. It is also stated that this order does not contain distinct criteria of the legality of the decision. Certain parts of the criminal procedure laws should be corrected. Some ways to improve the field of legal regulation concerning the opportunity of canceling seizure are given.

scholarly journals Utopia as Topos of Boundaries Erosion between Private & Public Sphere

2020 ◽  
Author(s):  
Yulia Malykhina ◽  
Keyword(s):  
Public Sphere ◽  
Common Good ◽  
Public Life ◽  
The State ◽  
Private Sphere ◽  
Public And Private ◽  
The Public ◽  
The Common Good ◽  
The Common ◽  
The Individual

The article covers ideas of public life in ancient Greek philosophy having given rise to discussion on the necessity of separation and rapprochement of public and private spheres. This study rests upon the analysis of ‘publicness’ and ‘privacy’ in the philosophical conceptions of such authors as J. Habermas who deems ‘publicness’ as communication, and H. Arendt who refers to ‘publicness’ as the polis-based worldview. Plato’s dialogue ‘The State’, which can be deemed as the first-ever example of a utopian text, provides us with the most detailed and consistent instance of criticism of the private sphere, the necessity to merge it into public life to create society. Only in this way could society become a model of an ideal polis leading to the common good. The utopism of Plato’s pattern determines characteristics of the entire utopian genre arising from the idea of the individual merging with the state, and the private sphere merging into the public sphere. Plato’s ideal polis is contrasted with the concepts of the state formed by Modern Age liberal thought, which have largely determined modern views on the division of these spheres, leading to a revision of the utopian projects and a change in the relationship between the private and the public therein. A comparison of various utopian texts results in finding out that the utopian idea of the refusal of the private sphere of life in favour of serving the common good contradicts the modern ideal of freedom, which is the reason for its criticism and for the increasing number of texts with an anti-utopian character.

scholarly journals Constitutional and Legal Aspects of State Control and Supervision Activities (Legal Positions of the Constitutional Court of the Russian Federation)

2019 ◽  
Vol 12 (5) ◽  
pp. 161
Author(s):  
Aygul Faritovna Samigullina ◽  
Almas Azgarovich Imamov ◽  
Ksenia Vyacheslavovna Kostina ◽  
Alevtina Aleksandrovna Goncharova
Keyword(s):  
Russian Federation ◽  
Legal Aspects ◽  
Constitutional Court ◽  
State Control ◽  
Public And Private ◽  
Private Interests ◽  
Legal Nature ◽  
Key Issues ◽  
The Russian Federation ◽  
Control Body

The presented article is devoted to the analysis of the legal positions of the Russian Federation Constitutional Court regarding the constitutionality of Russian legislation norms in the field of control and supervision activities. The generalization of the Constitutional Court practice of the Russian Federation allows you to group the decisions of the highest constitutional control body on several key issues: the limits of discretion by the legislator and law enforcer, the legal nature of state control and supervision measures, the balance of public and private interests in the sphere of relations under consideration and the guarantees of this balance. The team of authors concludes that the resolution of these problems is impossible without the Constitutional Court determining the content of a number of key concepts, developing the methodology for various constitutional principles and value balancing and, in general, focused efforts to constitutionalize Russian legislation.

Can Communities Protect Autonomy? Ethical Dilemmas in HIV Preventative Drug Trials

1995 ◽  
Vol 4 (4) ◽  
pp. 516-523 ◽  
Author(s):  
Deborah Zion
Keyword(s):  
Advance Directive ◽  
Common Good ◽  
Ethical Dilemmas ◽  
Drug Trials ◽  
The Common Good ◽  
Gay Community ◽  
The Common ◽  
The Individual ◽  
Trial Participants

Before sailing past the sirens' “flowery meadow,” Ulysses instructed his sailors to lash him to the mast so that he would not succumb to the siren's singing. His advance directive demonstrated that he valued his dispositional or long-term autonomy over his unquestioned right to make decisions. He also indicated to his oarsmen that he understood the nature of temptation and his inability to resist it. Ideas of autonomy and sexual choice are central to this discussion of new AIDS treatments, especially the trials of preventative vaccines. Questions arise over the rights of individuals and the extent that these should be limited by concerns of the gay community. Should the gay community intervene in the risky decisions of individuals if no explicit advance directive exists? If so, how do they justify their paternalism? Could their aims not be better served through strengthening the individual dispositional autonomy of trial participants rather than making specific claims about the common good?

scholarly journals THE IDEALISM OF DIALOGUE AND THE ECONOMY OF THE COMMONS

2016 ◽  
Vol 2 (2) ◽  
pp. 14-27
Author(s):  
Fernando Suárez Müller ◽  
Christian Felber
Keyword(s):  
Economic Model ◽  
Common Good ◽  
Ethical Values ◽  
Governmental Organization ◽  
Cooperative Action ◽  
The Common Good ◽  
Private Interests ◽  
The Commons ◽  
The Common ◽  
The Impact

This paper explores the possibility of an economic system different from both capitalism and communism, that is based on the major ethical values that constitute the principles of human dialogue, the so-called Idealism of Dialogue. This implies an economic model based on cooperativism. An economy modelled in this way envisions the Common Good of society. This is more than the sum of the interests of individuals and it can be measured by looking at the intended impact on society of actions taken by organizations. If the impact of these organizations is oriented towards cooperative action they can be characterized as developing the Common Good. If they block cooperative action they can be seen to be serving private interests. This paper shows how a group of Austrian entrepreneurs has started a network of enterprises that functions both as a kind of cooperative and as a non-governmental organization (Gemeinwohl-Ökonomie). They promote the ideals of Greek oỉkonomía and at the same time consider their own efforts to be the accomplishment of the main principles of Enlightenment which are liberty, equality and fraternity. 

Ethics and Reality

1998 ◽  
pp. 150-155
Author(s):  
Alison Roberts Miculan
Keyword(s):  
Common Good ◽  
Ethical Theory ◽  
Alasdair Macintyre ◽  
The Common Good ◽  
The World ◽  
The Common ◽  
Good For ◽  
The Individual ◽  
The Way

One of the most pervasive problems in theoretical ethics has been the attempt to reconcile the good for the individual with the good for all. It is a problem which appears in contemporary discussions (like those initiated by Alasdair MacIntyre in After Virtue) as a debate between emotivism and rationalism, and in more traditional debates between relativism and absolutism. I believe that a vital cause of this difficulty arises from a failure to ground ethics in metaphysics. It is crucial, it seems to me, to begin with "the way the world is" before we begin to speculate about the way it ought to be. And, the most significant "way the world is" for ethics is that it is individuals in community. This paper attempts to develop an ethical theory based solidly on Whitehead’s metaphysics, and to address precisely the problem of the relation between the good for the individual and the common good, in such a way as to be sympathetic to both.

The Argument Culture: Agonism & the Common Good

Daedalus ◽  
2013 ◽  
Vol 142 (2) ◽  
pp. 177-184 ◽  
Author(s):  
Deborah Tannen
Keyword(s):  
Common Good ◽  
Human Spirit ◽  
Public And Private ◽  
The Common Good ◽  
The Press ◽  
The Common

Agonism – taking a warlike stance in contexts that are not literally war – pervades our public and private discourse, leading us to approach issues and each other in an adversarial spirit. The resulting “argument culture” makes it more difficult to solve problems and is corrosive to the human spirit. While examples from the intertwined domains of politics and the press may seem beyond individuals' power to change, the domain of private interactions – where equally destructive effects of the argument culture are felt – is one in which individuals have power to make quotidian yet revolutionary contributions to the common good.

The Individual, The State, and The Common Good

1996 ◽  
Vol 13 (1) ◽  
pp. 59-79 ◽  
Author(s):  
John Haldane
Keyword(s):  
Political Philosophy ◽  
Common Good ◽  
The State ◽  
Aesthetic Theory ◽  
The Common Good ◽  
The Common ◽  
Political Deliberation ◽  
The Individual ◽  
Civil Order

Let me begin with what should be a reassuring thought, and one that may serve as a corrective to presumptions that sometimes characterize political philosophy. The possibility, which Aquinas and Madison are both concerned with, of wise and virtuous political deliberation resulting in beneficial and stable civil order, no more depends upon possession of aphilosophical theory of the state and of the virtues proper to it, than does the possibility of making good paintings depend upon possession of an aesthetic theory of the nature and value of art.

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