| Peer-Reviewed

Philosophical and Ideological Basis of European Common Civic Values (on the Example of German Legal Ethics Model)

Received: 25 January 2021    Accepted: 9 February 2021    Published: 26 February 2021
Views:       Downloads:
Abstract

The article deals with the ideological basis, social and cultural features of the formation of European legal and civic values. The value regulations of legal ethics on the example of the formation of the legal culture of Germany are investigated. The author revealed the distinctive character of the Ukrainian socio-cultural context of legal culture from European countries. The study provides tools for understanding and focuses on resolving ethical conflicts in modern advocacy in Ukraine. The author explored the norms of legal ethics adopted in European society, as well as the regulatory potential of deontology through reference to its origins. In the context of social philosophy, the author outlined the ethical potential of due process, the regulatory effect of the value of trust in the legal profession of Germany, as well as revealed the formation of due process and determine its ethical potential. It was concluded that the heuristic potential of the concept of J. Habermas "world community" can be applied to activists of public organizations operating in the modern global world. Such organizations include professional associations of lawyers, which within the UN and the EU conduct regulatory initiatives on the ethical regulation of the professional activities of lawyers. International and regional (EU) bar associations are organizations of the world community that are engaged in ethical rulemaking in relation to the professional activity of lawyers. Regulatory principles of this type of organizations are mandatory in the scope of their action.

Published in International Journal of Philosophy (Volume 9, Issue 1)
DOI 10.11648/j.ijp.20210901.14
Page(s) 52-59
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Civil Society, Law, Morality, Values, Deontology, Humanism, Justice, Legal Ethics

References
[1] Gulyga A. V. (1977). Kant. Moscow. p. 237. (in Russian language).
[2] Habermas J. (2000). Structural transformations in the field of openness. Lviv: (in Russian language).
[3] Habermas J. (2001). Involvement of another. Essays on political theory. St. Petersburg. p. 277. (in Russian language).
[4] Habermas J. (2001). Involvement of another. Essays on political theory. St. Petersburg, p. 294 (in Russian language).
[5] Habermas J. (2008). Split West. Moscow, p. 127-128 (in Russian language).
[6] Motroshilova N. V. (2010). Civilization and Barbarism in the Age of Global Crisis: 2nd, expanded and corrected edition of the book "Civilization and Barbarism in the Modern Age". Moscow, p. 317 (in Russian language).
[7] Motroshilova N. V. (2010). Civilization and Barbarism in the Age of Global Crisis: 2nd, expanded and corrected edition of the book "Civilization and Barbarism in the Modern Age". Moscow, p. 316 (in Russian language).
[8] Ehrlich E. (2014). Montesquieu and sociological jurisprudence. Chernivtsi: Scientific Bulletin of Chernivtsi University. Vol. 32, p. 6-7 (in Ukrainian language).
[9] Dekhanov S. A. (2010). Advocacy in Western Europe: experience and current state. Moscow (in Russian language).
[10] Kolesnikova, M., Kiselyova, E., Vasylchenko, O., Svyrydova, L., & Kibets, D. (2020). Judicial Practice as a Pre-Condition for Preventing Contradictory Judicial Decisions. Journal of Legal, Ethical and Regulatory Issues, 23 (5). Retrieved from https://www.abacademies.org/articles/judicial-practice-as-a-precondition-for-preventing-contradictory-judicial-decisions-9699.html
[11] Vasylchenko, O., Lotiuk, O., & Gut, N. (2018). Civil society as the subject of formation of state policy in the sphere of subsoil use and protection. Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, (6), 118-123. doi: 10.29202/nvngu/2018/20.
[12] Habermas J. (2008). Split West. Moscow, p. 110-111 (in Russian language).
[13] Habermas J. (2001). Involvement of another. Essays on political theory. St. Petersburg, p. 297-298 (in Russian language).
[14] Habermas Y. (2001). Involvement of another. Essays on political theory. St. Petersburg, p. 297 (in Russian language).
[15] Habermas J. (2001). Involvement of another. Essays on political theory. St. Petersburg, p. 293-294 (in Russian language).
[16] Dekhanov S. A. (2010). Advocacy in Western Europe: experience and current state. Moscow, p. 26. (in Russian language).
[17] Dekhanov S. A. (2010). Advocacy in Western Europe: experience and current state. Moscow, p. 26-27 (in Russian language).
[18] Dekhanov S. A. (2010). Advocacy in Western Europe: experience and current state. Moscow, p. 41 (in Russian language).
[19] Dekhanov S. A. (2010). Advocacy in Western Europe: experience and current state. Moscow, p. 4 (in Russian language).
[20] Dekhanov S. A. (2010). Advocacy in Western Europe: experience and current state. Moscow, p. 11 (in Russian language).
[21] Dekhanov S. A. (2010). Advocacy in Western Europe: experience and current state. Moscow, p. 23 (in Russian language).
[22] Carolina (2002). Extract from the Criminal Code of Charles V: Textbook. Moscow: Moscow Academy of the Ministry of Internal Affairs of Russia (in Russian language).
[23] Pestrzhetsky A. A. (1876). About the Roman Bar, in France and in Germany. Moscow: University Printing House (Katkov) on Strastny Boulevard, p. 88 (in Russian language).
[24] Korotkova P. E. (2009). Formation and development of the institute of legal secrecy in Ancient Germany. Kyiv: Journal of the Bar Academy of Ukraine. Vol. No. 9, p. 3. (in Ukrainian language).
[25] Federal Regulations on Advocacy. 1959. Retrieved from: http://unba.org.ua/assets/uploads/legislations/pologennya/bundesrechtsanwaltsordnung-ukr.pdf (in Ukrainian language).
[26] Kozhemyakina O. M. (2012). Ethical context of trust as a value basis of social interaction. Collection of scientific articles: Social ethics: theoretical and applied problems. Kyiv: University of Ukraine, p. 25 (in Ukrainian language).
[27] Seligmen A. (2002). The problem of trust. Moscow, p. 21 (in Russian language).
[28] Tkachenko K. O. (2017). Principles of legal ethics in modern Germany. Collection "Gileya: scientific bulletin". Vol. 124 (September), p. 237-240 (in Ukrainian language).
[29] Dekhanov S. A. (2010). Advocacy in Western Europe: experience and current state. Moscow, p. 15 (in Russian language).
[30] Dekhanov S. A. (2010). Advocacy in Western Europe: experience and current state. Moscow, p. 40 (in Russian language).
[31] Fukuyama F. (2004). Trust: social virtues and the path to prosperity. Moscow, p. 342 (in Russian language).
[32] Strafprozeßordnung in der Fassung der Bekanntmachung vom 7 April 1987 (BGBl. I S. 1074, 1319), die zuletzt durch Artikel 2 des Gesetzes vom 17. July 2017 (BGBl. I S. 2442) geändert worden ist. Retrieved from: https://www.gesetze-im-internet.de/stpo/StPO.pdf.
[33] Niemietz v. Germany. (2018). 72/1991/324/396, Council of Europe: European Court of Human Rights. - 16 December 1992. Retrieved from: http://www.refworld.org/cases,ECHR,3f32560b4.html.
[34] European Court of Human Rights. - Council of Europe. - F-67075. - Strasbourg cedex. Retrieved from: www.echr.coe.int.
[35] Erdem v. Germany. (2001). № 38321/97, § 46, ECHR 2001-VII. The European Court of Human Rights. Strasbourg, 5 July 2001 Retrieved from: https://www.legal-tools.org/doc/4a2597/pdf.
[36] Report of the Executive Director of the FPA of Germany Veronica Horrer at the Round Table on "Specialization of Lawyers" with the participation of representatives of the Federal Bar Association of Germany and the Federal Chamber of Advocates of the Russian Federation. (03.12.2015). Retrieved from: http://fparf.ru/documents/doc/Spezialisierung%20der% 20RA_Russisch% 20 (% D0% BF% D0% B5% D1% 80% D0% B5% D0% B2% D0% BE% D0% B4).pdf.
[37] Humphries M. (November 30, 2009). Legal ethics, past and present - part two. The Law Society Gazette. Retrieved from: https://www.lawgazette.co.uk/analysis/legal-ethics-past-and-present-part-two/53308.article.
[38] CCBE Statement on professional Secrecy/ legal professional privilege (LPP). (15/09/2017). Council of Bars and Law Societies of Europe. Retrieved from: http://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/DEONTOLOGY/DEON_Postion_Papers/EN_DEON_20170915_Statement-on-professional-secrecy_LPP.pdf.
[39] Submission on whistle-blowing protections. (19/05/2017). Council of Bars and Law Societies of Europe. Retrieved from: http://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/DEONTOLOGY/DEON_Postion_Papers/EN_DEON_20170519_Submission-on-whistleblower-protection.pdf.
[40] CCBE proposals. European Parliament Committee on Civil Liberties, Justice and Home Affairs Draft Report with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights. (20/05/2016). Council of Bars and Law Societies of Europe. Retrieved from: http://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/DEONTOLOGY/DEON_Postion_Papers/EN_DEON_20160520_CCBE_Proposals_Rules_of_Law_merchanism.pdf.
[41] CCBE response to the online public consultation of the European Commission on further corporate tax transparency (08/09/2015). Council of Bars and Law Societies of Europe. Retrieved from: http://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/DEONTOLOGY/DEON_Postion_Papers/EN_DEON_20150908_CCBE_Response_Corporate_taxation.pdf.
[42] Habermas J. (2012). Oh, Europe. Small political works. Moscow, p. 101-102 (in Russian language).
Cite This Article
  • APA Style

    Kateryna Tkachenko. (2021). Philosophical and Ideological Basis of European Common Civic Values (on the Example of German Legal Ethics Model). International Journal of Philosophy, 9(1), 52-59. https://doi.org/10.11648/j.ijp.20210901.14

    Copy | Download

    ACS Style

    Kateryna Tkachenko. Philosophical and Ideological Basis of European Common Civic Values (on the Example of German Legal Ethics Model). Int. J. Philos. 2021, 9(1), 52-59. doi: 10.11648/j.ijp.20210901.14

    Copy | Download

    AMA Style

    Kateryna Tkachenko. Philosophical and Ideological Basis of European Common Civic Values (on the Example of German Legal Ethics Model). Int J Philos. 2021;9(1):52-59. doi: 10.11648/j.ijp.20210901.14

    Copy | Download

  • @article{10.11648/j.ijp.20210901.14,
      author = {Kateryna Tkachenko},
      title = {Philosophical and Ideological Basis of European Common Civic Values (on the Example of German Legal Ethics Model)},
      journal = {International Journal of Philosophy},
      volume = {9},
      number = {1},
      pages = {52-59},
      doi = {10.11648/j.ijp.20210901.14},
      url = {https://doi.org/10.11648/j.ijp.20210901.14},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijp.20210901.14},
      abstract = {The article deals with the ideological basis, social and cultural features of the formation of European legal and civic values. The value regulations of legal ethics on the example of the formation of the legal culture of Germany are investigated. The author revealed the distinctive character of the Ukrainian socio-cultural context of legal culture from European countries. The study provides tools for understanding and focuses on resolving ethical conflicts in modern advocacy in Ukraine. The author explored the norms of legal ethics adopted in European society, as well as the regulatory potential of deontology through reference to its origins. In the context of social philosophy, the author outlined the ethical potential of due process, the regulatory effect of the value of trust in the legal profession of Germany, as well as revealed the formation of due process and determine its ethical potential. It was concluded that the heuristic potential of the concept of J. Habermas "world community" can be applied to activists of public organizations operating in the modern global world. Such organizations include professional associations of lawyers, which within the UN and the EU conduct regulatory initiatives on the ethical regulation of the professional activities of lawyers. International and regional (EU) bar associations are organizations of the world community that are engaged in ethical rulemaking in relation to the professional activity of lawyers. Regulatory principles of this type of organizations are mandatory in the scope of their action.},
     year = {2021}
    }
    

    Copy | Download

  • TY  - JOUR
    T1  - Philosophical and Ideological Basis of European Common Civic Values (on the Example of German Legal Ethics Model)
    AU  - Kateryna Tkachenko
    Y1  - 2021/02/26
    PY  - 2021
    N1  - https://doi.org/10.11648/j.ijp.20210901.14
    DO  - 10.11648/j.ijp.20210901.14
    T2  - International Journal of Philosophy
    JF  - International Journal of Philosophy
    JO  - International Journal of Philosophy
    SP  - 52
    EP  - 59
    PB  - Science Publishing Group
    SN  - 2330-7455
    UR  - https://doi.org/10.11648/j.ijp.20210901.14
    AB  - The article deals with the ideological basis, social and cultural features of the formation of European legal and civic values. The value regulations of legal ethics on the example of the formation of the legal culture of Germany are investigated. The author revealed the distinctive character of the Ukrainian socio-cultural context of legal culture from European countries. The study provides tools for understanding and focuses on resolving ethical conflicts in modern advocacy in Ukraine. The author explored the norms of legal ethics adopted in European society, as well as the regulatory potential of deontology through reference to its origins. In the context of social philosophy, the author outlined the ethical potential of due process, the regulatory effect of the value of trust in the legal profession of Germany, as well as revealed the formation of due process and determine its ethical potential. It was concluded that the heuristic potential of the concept of J. Habermas "world community" can be applied to activists of public organizations operating in the modern global world. Such organizations include professional associations of lawyers, which within the UN and the EU conduct regulatory initiatives on the ethical regulation of the professional activities of lawyers. International and regional (EU) bar associations are organizations of the world community that are engaged in ethical rulemaking in relation to the professional activity of lawyers. Regulatory principles of this type of organizations are mandatory in the scope of their action.
    VL  - 9
    IS  - 1
    ER  - 

    Copy | Download

Author Information
  • Department of Humanities Sciences Philosophy, Faculty of Philosophy, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine

  • Sections