1. Moral duty as an expression of moral necessity, its

interaction with professional duty.

2. Conscience is a form of moral self-esteem. The meaning of conscience in

professional activity of a lawyer.

3. The place of moral duty and conscience in professional

activities of a lawyer.


1. Moral duty as an expression of moral necessity, its

interaction with professional duty

The growing importance of morality in society determines the increasing importance of ethics as a science of morality, various types of professional ethics as areas that study the peculiarities of the application of general principles and norms of morality in certain professional groups.

The emergence of professional ethics is determined by the specific socio-economic conditions of the development of society, the material and spiritual needs of people. The root cause was the social division of labor, the emergence of various types of activities and professions.

Morality is a system of historically defined views, norms, principles, assessments, beliefs, expressed in the actions and actions of people, regulating their relations to each other, to society, a certain class, state and supported by personal conviction, tradition, upbringing, the strength of public opinion of the whole society , a certain class or social group. The criteria for our norms, assessments, and beliefs are the categories of good, evil, honesty, nobility, decency, and conscience. From such positions a moral interpretation and assessment of all social relations, actions and actions of people is given.

Another definition of morality is given by S.A. Komarov: Morality (morality) are views, ideas and rules that arise as a direct reflection of the conditions of social life in the minds of people in the form of categories of justice and injustice, good and evil, praiseworthy and shameful, encouraged and condemned by society, honor, conscience, duty, dignity, etc.

Duty is a moral task that a person formulates for himself on the basis of moral requirements addressed to everyone. This is a personal task for a specific person in a specific situation.

Debt can be social: patriotic, military, doctor’s duty, judge’s duty, investigator’s duty, etc. Personal debt: parental, filial, conjugal, comradely, etc.

Employees of the courts and prosecutor's office can successfully perform their functions only when they deeply understand the social significance of their activities and have a high sense of duty and are ready to fulfill it to the end, despite all the difficulties and obstacles. A judge, prosecutor, or investigator cannot tolerate violations of laws, human rights, and the interests of society and the state.

In accordance with the Constitution of the Russian Federation, judges are independent and subject only to the Constitution and the law. The prosecutor's office, within the limits of their competence, exercises their powers independently of state authorities and administration, public and political organizations and movements and in strict accordance with the laws in force on the territory of the Russian Federation. Independence and subordination only to the law presupposes their strictest observance by judges, prosecutors, and investigators. Here, increased demands have always been placed on lawyers. Acting in the eyes of society as guardians of the rule of law, they must set an example of its strict observance. Violations of the law by its defenders undermine faith in its inviolability and authority.

Important moral requirements follow from the principle of independence and subordination only to the law. A judge, prosecutor, investigator does not have the right to yield to local influences, to be guided not by the requirements of the law, but by instructions, advice, requests, etc. individuals or institutions, no matter how high their rights.

Carrying out their functions in the interests of the entire people in the name of fulfilling their will, expressed in the law, a judge, prosecutor, investigator are guided by the law, their moral principles, and their conscience.

A judge, prosecutor, investigator bear personal responsibility for the legality or illegality of their actions and decisions, their fairness or injustice, the benefit or harm caused by them, without the right to refer to anyone else's order, direction, instruction or advice. They are morally responsible both to the state, society, other people, and to their conscience.

A feature of the professional activity of a lawyer is the publicity of its implementation or results, control of the public, public opinion, their assessment of the justice, morality or immorality of the activities of professional participants in legal proceedings.

In the eyes of society, a judge, prosecutor, investigator is an unyielding guardian of the rule of law, driven only by a sense of duty, not allowing compromises, making deals with conscience, not being influenced by anyone, and serving only law and justice. But to act in this way, it is not enough to hold a certain position and know the laws. What is also needed are appropriate moral qualities that allow one to firmly stand guard over justice, despite any influences.

A judge, first elected to office, takes an oath (see Article 8 of the Law on the Status of Judges in the Russian Federation), and by which he solemnly swears to be impartial and fair, as his duty as a judge and his conscience dictate.

2. Conscience is a form of moral self-esteem. The meaning of conscience in

professional activity of a lawyer

Conscience is sometimes called the other side of duty. Conscience is a self-evaluating feeling, experience, one of the oldest intimate and personal regulators of human behavior.

Conscience is a category of ethics that characterizes a person’s ability to exercise moral self-control, internal self-esteem from the standpoint of compliance of one’s behavior with moral requirements, to independently formulate moral tasks for oneself and demand that oneself fulfill them.

Conscience is an individual’s subjective awareness of his duty and responsibility to society and other people, acting as a duty and responsibility to himself.

The sense of conscience protects a person from the bad, the vicious, stimulates nobility, responsibility - people often appeal to their own conscience and to the conscience of others, evaluate themselves and others, using the concepts of “clear conscience”, “bad conscience”, “asleep conscience”, “conscientious” person", "unscrupulous", "remorse", etc.

The role of conscience is especially important when a person is faced with a moral choice, and external control from public opinion is either excluded or difficult.

A lawyer, conducting proceedings in a case or performing other functions, acts in an area that affects the vital benefits of people, faces many conflicts, and faces the need to make responsible decisions, often in difficult moral situations. And only workers with a developed sense of conscience, capable of correctly, self-critically and principledly judging their motives and actions, can effectively fulfill their high mission and maintain the prestige of their profession and personality.

The activities of a lawyer are carried out in the field of social and interpersonal conflicts. For example, in criminal proceedings, it is conducted regarding a crime in order to bring the perpetrator to justice and restore the rights violated by the crime. The activities of the court - justice affects the interests of many people, often directly opposite ones. The judiciary is called upon to fairly resolve diverse and complex issues, not only when someone has violated a criminal law and must be punished, but also when a conflict situation arises in any other area regulated by law. This includes the legality of a strike, the legality of closing a printed publication, the legality of an act of executive or command power, disputes over property, the lack of agreement between parents about who the children will stay with in the event of a divorce, etc.

People who are entrusted by law with the resolution of social and interpersonal conflicts bear increased moral responsibility for their actions and decisions. Moral problems always accompany people in the legal profession. From the above it follows that the characteristics of the legal profession necessitate the existence of legal ethics.

3. The place of moral duty and conscience in professional

activities of a lawyer

Professional ethics generalizes, systematizes, scientifically substantiates the principles, norms and other elements of morality, proves the reasonableness and progressiveness of some and subjects others to scientific criticism; contributes to the education of people, helps them purposefully develop such moral ideas, principles and norms, feelings, beliefs, ideals, habits and qualities that meet the goals of their behavior, including professional behavior.

And finally, the professional ethics of a lawyer is a set of moral ideas and attitudes that are manifested in the behavior of representatives of a certain social group of society - lawyers, due to their belonging to this profession. Moreover, along with the general norms of moral relations in any professional activity, legal ethics formulates additional requirements and norms arising from the qualitative uniqueness of the legal profession.

Ratinov and Zarkhin argue that “each profession imposes special moral obligations on its representatives, which complement general moral principles, and in some cases limit their action... Judicial ethics is defined as the doctrine of specific moral standards of official activities and non-official behavior of professional participants in legal proceedings: judges, prosecutors, investigators, lawyers. Along with the provisions common to them, some rules relating to the life and activities of representatives of only one or another legal profession do not coincide.”

Values ​​are generally accepted rules of behavior determined by human principles. They are not legally regulated, but for the most part they have an interpretation in the codes of law, which means they are provided to us and by the state.

Since ancient times, learned minds have deduced a number of qualities that characterize the “ideal citizen.” At all times, he was characterized by such moral values ​​as masculinity, courage, generosity, justice, kindness, mercy. Everyone should strive for such a bright image (as conceived by ancient experts). Of course, wanting and conforming are two different things. But people always want to dream and strive for the best.

Religion

Faith has been an important driving force at all times. Islam, Christianity, Islam, Buddhism - all these religious movements basically have the same generally accepted rules of behavior in society that must be observed. They are collected in a set of laws or commandments, supported by the motivation of followers of a particular religion.

Do not kill, do not steal, do not deceive, do not harm your neighbor... For a believer, this is like a guide to action. In addition, all commandments resonate well with legislation. Spiritual and moral values ​​are built on their basis. Among other things, for a religious person they mean grace, which ultimately leads to a better life.

Upbringing

From the earliest years, a person, even a tiny one, is surrounded by society with its own rules and norms. It is he who, from childhood, lays for us the foundation on which the formation of moral values ​​will take place.

First, parents, by their own example, show the child what is good, what is bad, what is possible and what is not. Further, his life will be influenced by teachers who, in addition to demonstrating their own example, convey in an accessible form the norms of correct behavior in society, show the border between good and evil, and explain how thin it can be.

Teenage maximalism

Overestimation often occurs during adolescence. Parents and teachers talk about how things should be done, but friends and peers think that this is bad and good is something else entirely. This is where the question of ethical choice arises: creating your own worldview and determining what is important for you and what you should not do.

Freedom of choice is one of the most obvious human freedoms. It is given to us by nature upon birth and is even enshrined in law. A person decides for himself what to do.

But the freedom of one, as we know, ends where the freedom of another begins. It is during adolescence that people most often make some mistakes, sometimes break laws, try forbidden things, and make wrong decisions. All this in one way or another helps in the formation of an individual with his own value system.

Kindness

Mercy, self-sacrifice, charity, helping the weak and infirm - all these moral values ​​are characteristic of a good person. “Good” seems to be a simple and unambiguous concept, but everything is not so simple. It can be interpreted in different ways. Everything depends on the moral values ​​of a person.

Everyone has their own criteria for good: for some, the absence of evil is already good, for others it lies in specific deeds. Both take place and, in essence, are good. There are also more examples that describe not so good actions, but they are explained by the best intentions. Sometimes it can be very difficult to determine the fine line between good and evil.

People around

Man, as you know, is a social creature - alone he is bored, sad, and has no one to talk to. There are almost always a lot of people around us, very different. These are our parents, and people of the older generation, and those younger than us. All these people around influence us and contribute to our understanding of the moral values ​​of the society in which we find ourselves.

Individuals have different values ​​and degrees of authority for us. We listen to someone more and even go for advice; we try to be like someone. Some people are remembered by their actions, others by the words they say, which leave a mark and make us think.

One way or another, the environment affects everyone. During the course of historical changes in society, changes also occur that affect moral values. What was considered immoral a couple of centuries ago is now considered the norm; once “wild” things are now an everyday occurrence. There are also controversial human moral values, for example, maintaining virginity until marriage.

Immorality

What does the concept of “bad” include? It seems that everything is extremely simple, but in the modern world, good and bad are so closely intertwined and confused that it is difficult to distinguish one from the other. Some spiritual and moral values ​​seem insignificant. Today it is fashionable to be strong and powerful, to despise weakness and infirmity. To achieve their goals, people often forget about friendship, love, respect, mutual assistance, mercy and many other things that are considered correct and kind.

Of course, each person decides for himself what is good and what is bad, but in any case, white always remains white, and black always remains black. And there are things that, when we step over them, we commit immoral acts. And they cannot be justified by citing the thin boundaries between good and evil.

Value - a concept that certainly reflects the positive significance of any material object or phenomenon in the spiritual life of people (an unconditional good). This concept combines a rational moment (awareness of something as good for a person or society) and an irrational moment (experience of the meaning of an object or phenomenon as important, significant, the desire for it).

Value is for a person everything that has a certain significance for him, personal or social meaning (the significance of a person, the significance of things produced by a person, spiritual phenomena that are significant for a person and society). A quantitative characteristic of this meaning is an assessment (significant, valuable, more valuable, less valuable), expressing the significance of something verbally. Assessment forms a value-based attitude towards the world and oneself, leading to the value orientations of the individual.

A mature personality is usually characterized by stable value orientations. Stable value orientations become norms. They determine the forms of behavior of members of a given society. The value attitude of an individual towards himself and the world is realized in emotions, will, determination, goal setting, and ideal creativity. Based on human needs and social relations, the interests of people arise, which directly determine a person’s interest in something.

Each person lives in a certain system of values, objects and phenomena of which are designed to satisfy his needs. In a certain sense, we can say that value expresses the way of existence of an individual. The system of value orientations, formed under the influence of values, determines the spiritual structure of the individual and directly influences its development. The philosophical doctrine of values ​​is called axiology. The main spiritual values ​​of society are moral, religious and aesthetic values.

Moral values ​​determine the humanity in a person. Without mastering moral values, it is impossible to become a person with independence, responsibility, high spirituality and social formation. Moral regulations that socially determine people’s behavior, refracted through a person’s inner world and acquiring a truly humanistic status, become moral values ​​of the individual.

The main moral values ​​of an individual are:

Good (an extremely positive moral value, an absolute good for the person himself of other people) is the main value and the main delimiter of the moral and the immoral;

Duty and moral choice (moral value, the assignment of which by a person demonstrates the degree of his moral maturity, humanity, spirituality);


The meaning of life (an unconditional moral value that gives a person’s life integrity, direction, and meaningfulness);

Conscience (moral value, showing a person’s ability for moral introspection and self-esteem);

Happiness (a moral value that reveals moments of a person’s highest satisfaction with their existence, manifested in professional success, spiritual and personal self-realization);

Friendship (moral value, spiritual closeness of individuals);

Love (spiritual and physical unity of people);

Honor (social and moral status of an individual achieved through her efforts and merits);

Dignity (the unconditional moral value of any person as a representative of the human race);

- patriotism, citizenship (recognition of them as values ​​means the moral and human maturity of the individual);

The synthesis of moral values ​​is moral ideal - a generalized idea of ​​the good of a certain era, personified in the image of a perfect personality (reflected by individual moral consciousness as a role model).

Moral values ​​are closely interrelated with each other, and their significance increases when they are fully assimilated by the individual. It should be noted that moral values ​​in the inner world of the individual, in the public consciousness, and in the course of human history are closely interconnected with aesthetic, religious values, or with an atheistic perception of reality. Their concrete historical relationship forms the basic basis for the worldview of man and society.

Everything that is dear and vital to a person, that determines his attitude to reality, is usually called values. They were formed along with the development of humanity and its culture.

What are the values?

  • 1. Material (contribute to life):
    • - protozoa (food, clothing, housing, household and public items);
    • - higher order (tools of labor and material means of production).
  • 2. Spiritual - values ​​necessary for the formation and development of people’s inner world, their spiritual enrichment.

Both material and spiritual values ​​are the result of human activity. Spiritual values ​​are special.

What are they and what effect do they have?

Books, paintings, sculptures are not just things. They are designed to evoke high feelings in a person. But they also have practical significance - their content influences the life of an individual and society as a whole.

Science, art, universal moral and ethical standards - without mastering them there cannot be a spiritual person.

So, the most important condition for the formation of a complete, moral personality is the assimilation of spiritual values. But a moral person is not just the assimilation of spiritual values, but, most likely, it is the quality of our achievements and relationships, which is ultimately an indicator of our inner maturity. And, of course, each person independently selects and forms his own values, he takes them from society not automatically, but consciously, as if accumulating what he personally seems most necessary.

What kind of person do we call moral?

Someone who has made the demands of society on a person as demands on himself and lives, studies, communicates with others in accordance with these internal laws of morality.

His consciousness and behavior are united, and they are based (on what?) on universal human values ​​and norms. A person can fully form his morality and become a morally mature person only as a result of self-education. Who, if not the person himself, can develop the consciousness that one’s behavior must be coordinated with the interests of other people and society?

Moral self-education is the education of all the above feelings and qualities, and they can be formed in every person under the condition (what?) that the person himself is interested in this and strives for this.

Moral self-education opens the only true path in life - affirmation of goodness, sincerity, mutual care and responsibility, a real (civic) attitude towards one's work, gives a person the will and ability to never deviate from this path.

“The whole morality of a person lies in his intentions” (J. J. Rousseau).

“Good and moral are one and the same thing” (L. Feuerbach).

“Morality is the science of agreements invented by people in order to live together in the happiest way. The true goal of this science is the happiness of the greatest number of people” (C. Helvetius).

Consequently, nothing in a person’s thoughts, actions, or deeds should be to the detriment of another. So?

“Enjoy and give pleasure, without causing harm to yourself or others - this is the essence of morality” (Champher).

What determines the norm of human life?

Those values ​​that a person is guided by and serves.

What should be decisive in human life - material or spiritual? Why?

If the material dominates, it primarily nourishes and pleases the body. The soul is secondary here.

Hence the danger arises that in the name of material value one can trample on human interests and the person himself, his freedom, will, dignity, even life. In the emerging competition and struggle for material wealth, the principle “everything is permissible!” arises. No barriers, no prohibitions - chaos.

If spiritual values ​​dominate, the soul becomes richer in the feeling of belonging with others, the feeling of joy in life. Then everything a person does cannot harm another person. This is where the moral law comes into play.

He protects everyone and makes people's lives safe. That is why commandments arose in a person’s life, protecting his soul from evil. Hence the spiritual values ​​that protect life, protecting it and man as the highest value.

Man has two worlds:

One - who created us,

Another - which we have been since forever,

We create to the best of our ability (N. Zabolotsky).

Here are a few simple rules for a person seeking to follow the spiritual path. These rules are based on views on spiritual values:

  • 1. Every day, every hour, every second, learn love - comprehensive, self-denying, sincere, wise. Learn to love all living things: yourself, the people around you, nature, your planet, without demanding anything in return;
  • 2. Always remember that there are other people nearby and any action or inaction of yours will affect them and change them: at a minimum - their mood, at a maximum - their life. Never do to others what you do not wish for yourself, and do not use a person as a means;
  • 3. Perform any action consciously. Look for joy and meaning even in simple everyday activities: walking, talking, working. It will give you a feeling of real life;
  • 4. Learn to take responsibility, starting from the consequences of small actions and ending with your life. A person's fate is largely a consequence of his own actions;
  • 5. Work day after day to change yourself. Strive to become purer, kinder, more merciful. Learn to sacrifice your desires and ambitions for the sake of others. Look for opportunities to develop your mind, heart and body;
  • 6. Look for harmony in everything. The truth is usually found in the middle between extremes;
  • 7. Translate your thoughts about the spiritual into actions: help specific people with specific deeds.

A person’s spiritual values ​​are a set of concepts and principles that a person adheres to and is ready to defend. The first concepts are formed in childhood under the influence of loved ones. The family shapes the child’s understanding of the world around him and teaches him good or bad behavior.

What are the principles?

Values ​​are divided into material and spiritual:

  • money, a set of expensive goods, jewelry, luxury items, etc. are considered material;
  • spiritual values ​​- a combination of moral, moral, ethical and religious concepts that are important to an individual. These include love, respect, friendship, creativity, honesty, devotion, peacefulness, and understanding. The concept “spiritual” comes from the words “spirit”, “soul”. This is evidence that you need to appreciate the spiritual qualities of people.

Any individual, to one degree or another, depends on material wealth. But you cannot put material well-being above spiritual principles.

With age, priorities change. This happens under the influence of surrounding people and events that have occurred. At preschool age, children value friendship, parental love, and they do not care what material objects surround them or whether their friends are rich. During school and adolescence, boys and girls pay attention to the level of income of their own and other people’s parents. Often spiritual and moral principles fade into the background. At an older age, the realization comes that money cannot buy trust, love, honesty, and moral values ​​become a priority. It is important to instill in children kindness, the ability to understand and sympathize from an early age.

Types of moral ideals

Types of spiritual and moral values:

  1. Meaningful. They reflect the worldview of the people and their attitude towards their culture. They form the personality and help determine the attitude towards other people and the whole world.
  2. Moral. These values ​​regulate relationships between people. These include the concepts of kindness, politeness, mutual assistance, honor, loyalty, and patriotism. Thanks to moral concepts, the famous saying appeared: “Do unto people as you would have them do unto you.”
  3. Aesthetic. This type of value implies spiritual comfort. It occurs when the individual has self-realized and is in harmony with himself and the world around him. Aesthetic values ​​include the concepts of the sublime, beautiful, tragic and comic.

Basic Spiritual Concepts

Kind people are happier than others, because by doing good they bring joy and benefit to the world and help others. The basis of good deeds is compassion, selflessness and the desire to help. Such people are respected and loved.

beauty

Only a talented person can see beauty in the world around him and convey it to others. Beauty inspires creative people to create works of art. Many artists, poets, performers and musicians try to find this important landmark.

True

This value leads to self-knowledge and the search for answers to important moral questions. Truth helps people separate good from evil, understand relationships, and analyze their actions. Thanks to the truth, humanity has created a set of moral laws and rules of conduct.

Art

Art makes a huge contribution to personal development. It encourages you to think outside the box and unlock your inner potential. Thanks to art, the range of interests of an individual expands and allows him to develop spiritually and see beauty. Artists throughout history have contributed to culture and everyday life.


Creation

This spiritual need helps the individual realize individual talents, develop and strive for high things. Creativity promotes the manifestation of abilities for the benefit of society. Creative figures tend to transform the world; they move towards something new, think more broadly and productively, leaving behind:

  • cultural monuments;
  • literature;
  • painting.

All these things together influence society and encourage other people to develop and not stand still. In everyday life, creative individuals help progress transform the world around us.

Love

This is one of the first moral guidelines that a person encounters. Parental, friendly love, love for the opposite sex gives rise to many emotions. Under the influence of love, other values ​​are formed:

  • empathy;
  • loyalty;
  • respect.

Existence is impossible without it.

Spiritual values ​​and concepts play an important role in the life of every individual and people as a whole, accompanying them throughout their lives.