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Author(s):  
Yifat Naftali Ben Zion

Abstract This article focuses on the location of the duty of loyalty—a unique legal norm in Common Law jurisdictions—both actual and desirable, on the continuum between rules and standards. A rule is a relatively ‘closed’ technical norm, at a high level of specificity; it requires little judicial discretion. A standard is an ‘open’ norm, with a greater degree of flexibility, that requires the exercise of discretion. The insights from this jurisprudential perspective are used to reveal the preferred way for further developing the duty of loyalty. The article explains that ‘loyalty,’ intuitively classified as a ‘pure’ standard, has been reconstructed over time as more specific rules. Moreover, it suggests that, ideally, this movement should continue; namely, when applying loyalty to a specific case, courts should include informative content that would promote predictability. It then illustrates that, unfortunately, this road is not always taken by the courts. A decision to retain loyalty as an ad hoc standard, or an inverse attempt to delineate the boundaries of this norm, has implications on the certainty, consistency, and ethical content of the law. Considering that this duty spreads across different legal fields, personal and commercial, the significance of this discussion becomes all the more evident.


2022 ◽  
Vol 21 ◽  
pp. 159-182
Author(s):  
Felicitas Opwis

Al-Ghazālī’s articulation that the purposes of the divine Law (maqāṣid al-sharīʿa) are to attain maṣlaḥa for the five necessary elements of human existence was not only novel but had long-lasting influence on the way Muslim jurists understood the procedure of analogy (qiyās). The correctness of the ratio legis was determinable by its consequences in bringing about maṣlaḥa. This shift was possible only by intellectual shifts in understanding the relationship between ethics and law. This paper traces the development in conceptions of ethics and its impact on the procedure of analogy in three 5th/11th century predecessors of al-Ghazālī, namely al-Baṣrī, al-Dabbūsī, and al-Juwaynī. It shows that al-Ghazālī’s definition of the purposes of the Law was developed based on previous conceptual shifts in the ratio legis from being a sign for the ruling to reflecting the ethical content of the divine injunction.


2021 ◽  
Vol 37 (S1) ◽  
pp. 11-11
Author(s):  
Karin Willbe Ramsay

IntroductionThe Swedish Agency for Health Technology Assessment and Assessment of Social Services (SBU) is commissioned to assess ethical aspects in their health technology assessment (HTA) reports, in addition to effects and health economic aspects of the examined interventions. For this purpose, a framework for systematic evaluation of ethical aspects of healthcare technologies has been developed and used at SBU since 2014. With seven years of practice, we decided it was time to evaluate experiences from using the ethical framework and consider possible adjustments to improve future use.MethodsSBU reports in the time period 2014–2020 were systematically screened for ethical content. Focus group meetings with users of the framework (mainly HTA project managers) were held where opinions regarding usability and possible obstacles were collected. A revised version of the document was sent for consultation to relevant stakeholders (possible users, reviewers and recipients) in order to collect additional views.ResultsOf fifty-eight HTA reports produced in the time frame, ethical aspects were evaluated in fifty-five reports (ninety-five percent), and in most cases, the framework had been used as support. In twenty-one cases (thirty-six percent), a professional ethicist had been engaged in the work. In twelve cases (twenty-one percent), ethical aspects were presented in the main conclusions of the report. Opinions from users and reviewers revealed that the framework was generally regarded as a helpful tool, but problems regarding interpretation of specific questions were highlighted and subjected to revision.ConclusionsThe ethical framework is a valuable tool for systematic and transparent identification and discussion of ethical aspects in the HTA context, and it has been well implemented at SBU. A systematic approach to assess ethical aspects can facilitate the communication and dissemination of ethical aspects as principal results from the HTA project.


Author(s):  
Rawan Ibrahim Alnasser Rawan Ibrahim Alnasser

  This study aimed to identify the reality of adolescent girls' exposure to the dangers of the digital world according to the classification of the UNICEF organization and to reveal the most dangerous applications for them. This study relied on the method of social survey through the sample using the questionnaire tool, and the study sample reached (402) single female students Medium in the city of Riyadh, using stratified random sampling. The results of the study revealed that content-related risks are among the most common types of risks that adolescent girls face in the digital world, followed by communication risks and then behavioral risks. The results also showed that among the applications in which adolescent girls are most exposed to the dangers of the digital world (Instagram - Twitter - Snapchat), In terms of usage, YouTube ranked first in terms of usage, followed by Snapchat, Instagram, WhatsApp, Twitter, Tik Tok, then PUBG and Fortnite. The study recommended the need to establish a specialized unit affiliated to the Communications and Information Technology Commission, which includes a number of specialists in the social, psychological and cybersecurity fields. It also includes visual and print media and celebrities of social networking sites who have an impact on the category of children and adolescents. The study also recommended the need to focus the efforts of the committee. To legalize the ethical content of information technology on the most popular websites and applications in the digital world, such as (Twitter, Instagram), by intensifying censorship and working to reduce the availability of harmful and inappropriate materials on these sites.


Author(s):  
Alexey Viktorovich Suslov

Comprehension of the finitude of individual existence entails the need to find the answer to question of overcoming death, a salvation path that would allow pass through the abyss of nonexistence. Solution to this question implies various forms of immortality: naturalistic, theological, technocratic, creative, sensually-transcendental, etc. Prolongation of life and gaining immortality has become a central problem of such philosophical movements as Russian cosmism and modern transhumanism, which view the victory over death as the project and purpose of mankind. The object of this research is the ethical content and key ideas of the philosophy of Russian cosmism and modern transhumanism. The subject is the origins and evolution of transhumanist worldview in its genetic link with the ideas of cosmic philosophy. This article aims to analyze the methods and means of how a human can improve and obtain immortality, which are advanced by transhumanists, and juxtapose them with the ideas of Russian cosmist philosophers. The conclusion is made that the central idea of cosmism and transhumanism, which lies in overcoming the finitude of human existence, does not find its global humanistic realization: both concepts offer partial and unnatural solutions (autotrophy, resurrection, cyborgization). Emphasis is placed on solution of the problem of immortality in the Christian anthropology in spiritual-moral ethical-philosophical context


2021 ◽  
Vol 11 (1) ◽  
pp. 17-24
Author(s):  
O. I. Kubar ◽  
M. A. Bichurina ◽  
N. I. Romanenkova

At the beginning of COVID-19 development, when social vulnerability in the face of the global infectious threat became obvious, we presented target information on a key civilizational issue — the role of ethics in epidemic emergencies. The compliance of RF legislation and the world ethical standards analyzed on based on the study of the humanitarian heritage of pandemic management and a review of existing international documents. Today, one year later, it is time to practically evaluate the effectiveness of the ideology of ethical commitment and objectively comprehend the conflicts that have arisen, their causes and consequences. It should be emphasized that this work is not a so-called “moral lesson learned from COVID-19”, but representation of a real picture of how the centuries-old experience of former epidemics and pandemics was taken into account and the unique truth of the ethical content of management decisions and actions was accepted. It is particularly important to have a possibility to present this article as a continuation of our research topic on the bioethics of pandemics, on the pages of such an authoritative, specialized journal, which fully allows us to preserve the integrity of ideas about the humanitarian essence of anti-epidemic measures. This humanitarian parallel starts from the moment of managing a particular patient with infectious pathology until large-scale measures for eradication vaccine-preventable diseases. A comprehensive and dynamic look at the need to find ways and the nature of overcoming ethical conflicts during the ongoing pandemic of the new coronavirus infection could determine the ethical approach of longterm recommendations in the field of public health protection and ensure the stability of social trust in the future.


Author(s):  
ONYSHCHENKO Volodymyr

Background. Today there are questions that need to be answered, namely: what is the "uncertainty" in the discourse of economic theory and how to take it into account in our economic strategies and processes; how moral and ethical norms can affect our understanding and practice of formation and implementation of economic processes. Analysis of recent researches and publications. The studies of D. North, F. Knight, I. Prigozhin, and E. Laslo are devoted to the problem of uncertainty of economic processes, in which uncertainty is considered in the ontological aspect. Fundamental studies of moral and ethical norms of economic development were carried out by S. Bowles, J. Rawls and A. Sen etс. The aim of the article is to clarify the causal and axiological contexts of the economic process. Materials and methods. The works of native and foreign specialists were the materials of the research. General scientific research methods such as historical, analysis, synthesis and abstraction have been used in the article. Results. Uncertainty is inherent in a market economy and its processes. It is argued that the economic process is nonlinear, its outcome is probabilistic, and may be uncertain. Human economic behaviour is mainly determined by institutions, especially within the economic process. It is proved that there is an organic connection between neoclassical and behavioural theoretical concepts of human economic behaviour. The difference in appro­aches lies in the levels of generalization of the object and subject of research. The moral and ethical context of the economic process can be taken into account in the models of the economic process, but only as an imperative of "economic justice". The algorithm of finding a "fair solution" involves the approximation of the state of coordination of interests to equilibrium. Conclusion. It is necessary to continue researching the problems of causality of the economic process, which will contribute to the validity of forecasts. The moral and ethical context of the economic process requires expansion of the concept of its effectiveness and the development of modeling methods. Keywords: economic process, evolution, intentionality, uncertainty, institutions, economic behaviour, moral and ethical content, justice.


2021 ◽  
Vol 4 (3) ◽  
Author(s):  
Eliana Aló Silveira

The pandemic that was caused by COVID 19 made the world rethink ethical principles, morals, and justice, but always side by side with science. Never has bioethics been thought of so much, as a science that aims to provide the ethical content so that the human being is treated with dignity in the face of scientific techniques that concern life. Bio law as a branch of legal science reveals itself as an indispensable branch to the legal system, to regulate and reconcile biotechnological advances with the principle of human dignity, founded on democracy and the defense of fundamental rights. In the international sphere, the right to life is foreseen in art. 4 of the 1969 American Convention on Human Rights, a document that was ratified by Brazil and comes from the regional system. In the Brazilian legal system, the provision is in article 1, clause III, of the Federal Constitution of 1988, which established human dignity as the foundation of the Democratic State of Law, also regulating, in article 5, the right to life. Starting from these guidelines that the human being should not be considered a "thing", or an instrument, the thought, even if philosophical, can lead to important conclusions in the field of scientific experimentation, especially with what has been happening in relation to the vaccines for COVID-19, that even if approved by a committee and following international protocols, one cannot guarantee with them the absolute protection of human dignity, principles of bioethics and fundamental human values. And, because of these discussions, the courts are urged to manifest themselves about the refusals of workers to be vaccinated.


2021 ◽  
Vol 4 (4) ◽  
Author(s):  
Manuel de Jesús Verdecia Tamayo

The article shows the presence of the ethical foundation in the health actions of the population in Cuba; an essential issue to achieve a diverse and comprehensive perspective of this problem at a global level by publicizing a particular approach to health. For this, the postulates that support the application of ethics in the health development of this population are revealed. Finally, the presence of ethical content in the health treatment of the population in this Caribbean nation is made visible. To carry out the study, a documentary review of press articles, reports from international and national organizations, academic literature and qualitative research is applied. It is concluded that through the ethical content of health actions in Cuba, it has been possible to establish an effective health system that guarantees this right for all citizens because the benefit of specific people with justice and equity for all people is prioritized.


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