Public Reason Between Ethics and Law

Rawls says that public reason is the reason of the citizens of a democratic state and takes the Supreme Court in the USA as the exemplar of public reason. It differs from non public reason, which is used e.g., in universities and academic institutions. Rawls contrasts with Kant, which opposes the public reason of the scholar??or the philosopher??, who speaks before the world, to the private reason of state or church officials. The later, once they accept an authority, cannot think by themselves (selbst denken). A closer examination shows that Rawls is not so far from Kant as it seems, because he takes the constitutional judges not as they are, but as they should be. However Rawls still apparently refuses Kant??s unity of reason. Further investigation of the relations between ethical reason, democratic reason and legal reason is needed. Democratic reason is tantamount both to public reason and to legal reason in a modern constitutional state. It is a requirement of ethics but still not identical with ethical reason, since it is possible to accept democratic reason and to argue against it from an ethical point of view. There is just one good way of reasoning, in spite of the constraints that the sources of law and the rules of procedure impose on legal reasoning, compared with ethics. Such constraints are based on the democratic principle, which is again based on ethical reason, which at last both grounds and limits the constraints that law imposes on reason.     

公证制度与民法典

公证主要是一种证据制度,它与民法典有何关系?大陆法系国家的立法实践表明:公证法是民法典的配套法规。一国的公证立法往往分为两部分,一部分是公证法典或公证人法,这是公证机构的组织法和公证程序法;另一部分是民法典、公司法、民事诉讼法、证据法中关于公证之运用的各项规定,这些是公证机构的活动法,这两部分内容综合起来才构成一个国家的完整的公证法制,任何部分的残缺都将造成公证制     

我国公益伦理何以需要法律维护

公益伦理的价值在于能增进人民的福祉,推动人类社会的可持续发展.基于公益救助的视角,遵循公益伦理的价值取向,同样能够深入公益伦理的核心.当前,我国公益救助面临诸多困境,正视这些困境,能深刻领会公益伦理应有的普世价值.实现现阶段公益伦理的应有价值,仅依靠道德自觉难以解决,必需借助法律维护的手段,以期最终实现道德自觉下的公益伦理.     

Procedures for Consideration of Dissertations by Specialized Councils and for the Awarding of Degrees

The certification of scientific and of research and teaching personnel, which takes place in accordance with the Statute on the Procedure for Awarding Learned Degrees and Academic Titles, established by decree of the USSR Council of Ministers, December 29, 1975 (1), marks a qualitatively new stage in the training of scholarly personnel of the highest qualifications. The issue is not one of particular additions, changes, or modifications of the acts previously in force to regulate the procedure for awarding learned degrees but of a significant raising of the requirements both for those seeking learned degrees and for the research they conduct. The experience accumulated in the recent past with the work of specialized councils on defense of dissertations and awarding of learned degrees makes it possible to draw the conclusion that their work of certification has been elevated to a higher level. The councils have begun to take a more rigorous approach to evaluation of the scientific and practical significance of the dissertations submitted for defense, and also of the personal contributions of candidates to knowledge. It is obvious that improvement of the work of certification of scientific and research and teaching personnel largely depends on how correctly members of the specialized councils, the official opponents, the research advisers and consultants of candidates, the candidates themselves, and finally, the academic public as a whole perceive and interpret the norms of the prevailing Statute on the Procedure for Awarding Learned Degrees and Academic Titles. Let us examine some questions arising in the experience of applying this statute.     

Ethics, Information Technology, and Public Health: New Challenges for the Clinician-Patient Relationship

Increasingly widespread adoption of health information technology tools in clinical care increases interest in ethical and legal issues related to the use of these tools for public health and the effects of these uses on the clinician-patient relationship. It is argued that patients, clinicians, and society have generally uncontroversial duties to support civil society's public health mission, information technology supports this mission, and the effects of automated and computerized public health surveillance are likely to have little if any effect on the clinician-patient relationship. It is also suggested, nevertheless, that electronic public health surveillance raises interesting and important ethical issues, some of which can be addressed if not resolved by empirical research, especially regarding patient preferences about secondary use of health data and their moral obligation to contribute to population- based health.     

行政伦理视角下的公共权力异化治理

公共权力异化是当前社会中存在的腐败现象之一,其产生的原因在于公共权力自身的异化倾向、权力行使主体的因素及行政组织对权力异化的规约作用不足等。在现实中,公共权力异化往往是与具体的行政组织或行政人员联系在一起的,因此,加强行政组织伦理建设,提高行政人员的伦理自主性,将自律与他律双管齐下,能够促使行政组织及其人员合理、合法地行使公共权力。     

Ethics for Lawyers or Ethics for Citizens? New Directions for Legal Education

The Lord Chancellor's Advisory Committee on Legal Education andConduct (ACLEC) has called for the reconstruction of the ethicalfoundations of legal education. However, it has not justified its premisethat teaching legal values at the initial stage will enhance professionallegal ethics. It is argued that the present system of education, given itstechnocratic, individualistic, and authoritarian tendencies, cannot meetACLEC's challenge. A more ethical legal education can be envisagedwithin a neo-Aristotelian framework. This perspective emphasizes thereflexivity between micro and macro ethics, and utilizes the active andparticipatory learning approaches which should enable students to engagein meaningful moral discourse and problem solving.     

Order of the MVD of Russia No. 988 of August 31, 2011, On Adoption of Regulations for the Presence of Members of Public Councils Under the MVD of Russia and Its Territorial Bodies While Officials of the Bodies of Internal Affairs Conduct the Personal Reception of Citizens

Order No. 988 defines the conditions of the presence of members of Public Councils attached to the bodies of internal affairs during the conduct of personal reception of citizens.