执法义务原则的哲学与法律形成:边沁思想的反思

Оlena Savayda
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摘要

本文分析了义务论知识发展的史学,考察了英国哲学家和法学家边沁致力于义务论问题的主要科学著作。本书考虑了科学家通过道德要求和各种文化的棱镜为专业组成部分设定的主要基本标准,并特别关注执法活动中的义务论基础。我们讨论的是执法人员必须认识到他们作为法律和自由守护者的社会使命的重要性,他们有义务冒着生命危险打击犯罪和违法行为,并防止在其专业活动中侵犯公民的权利和自由。这种对执法义务论基础的要求具有法律和道德两个维度。探索和揭示义务论基础的内容,关注社会关系的两个主要社会调节因素——道德和法律。还应指出,乌克兰与其他欧洲国家一样,在其管理社会关系的武器库中具有共同的价值观(即民主、法律价值观),例如“善”(据Je。边沁),它等同于自然价值和法律价值。因此,在他们的专业活动和公共关系的监管(特别是冲突)中,首先,执法机构必须坚持这样一个特定的价值观为好。耶的主要理论。边沁的功利主义也被提及。它的主要思想是为了大多数人的最大幸福需要做些什么。因此,为了表示伦理学的功利主义体系。边沁引入了“义务论”这样一个新概念——权利的学说,适当的(不仅在生活中,而且在职业活动中)。
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PHILOSOPHICAL AND LEGAL FORMATION OF DEONTOLOGICAL PRINCIPLES OF LAW ENFORCEMENT: A RETOSPECTIVE OF THE IDEAS OF JEREMY BENTHAM
The article analyzes the historiography of the development of deontological knowledge and examines the main scientific works of the English philosopher and jurist Jeremiah Bentham, which are devoted to the problems of deontology. The main basic criteria set by a scientist for the professional component through the prism of moral requirements and various types of culture are considered, and attention is drawn in particular to the deontological foundations in law enforcement activities. We are talking about the need for law enforcement officers to realize the importance of their social mission as Guardians of law and freedom, who are obliged to risk their own lives in countering crime and offenses, and prevent violations of the rights and freedoms of citizens in their professional activities. This requirement of the deontological foundations of law enforcement has both a legal and moral dimension. Exploring and revealing the content of deontological foundations, attention is focused on the two main social regulators of social relations as morality and law. It is also noted that Ukraine, along with other European countries in its arsenal in the regulation of social relations has common values (meaning democratic, legal values), such as good (according to Je. Bentham), which is equated to natural and legal values. Therefore, in their professional activities and the regulation of public relations (especially conflicts), first of all, law enforcement agencies must adhere to such a specified value as good. The main theory of Je. Bentham – utilitarianism is also mentioned. The main idea of which is what needs to be done for the greatest happiness of the greatest number of people. And therefore, to denote the utilitarian system of ethics Je. Bentham introduces such a new concept as "deontology" – the doctrine of the right, proper (not only in life but also in professional activities).
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