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2.1. The basic approaches to concepts of honour and advantage of jurisprudence

Ideas of a lawful state, democracy and a civil society are closely connected with maintenance of high level of protection of the rights and freedom of the person. The effective organisation of protection not only property rights, but also the blessings having the non-material maintenance is for this purpose necessary.

With development of the market relations, occurring transformations in all spheres of ability to live of a society, the problem of protection of the non-material rights and the blessings gets a special urgency. Its scientific analysis is of great importance for a science, legislation and practice development, and also for fuller protection of human rights, creation of conditions for development of its individuality.

One of the main places in system of the intangible benefits belongs to honour and advantage. Their protection is guaranteed by positions of the international standard legal acts and the national legislation.

Development of the person is impossible without a recognition of the person the higher social value which defines necessity of preservation of its honour and advantage. One of the major signs and democracy principles is the respect for the rights, honour and advantage of the person. At the same time development of the person building the life on the basis of the higher moral values - good, justice, honour, conscience, advantage, is possible only in the conditions of original respect of the person, i.e. respect of its rights, honour, advantage.

the Respect of honour and advantage of the person has character of the relations based on rules of law and morals, on principles of freedom and mutual responsibility between the state, a society and the person, between various persons and social groups.

For today in one standard legal act there is no legal definition of concepts of honour and advantage. Definitions of honour and advantage of the person have been repeatedly formulated in jurisprudence. On the basis of the analysis of the definitions offered in the theory, from the legal point of view it is possible to conclude, that between authors there are no essential disagreements what to understand as honour and advantage. In this connection, some scientists consider, that for pravoprimenitelej it is much more important to fix system of actions which are forbidden to be made in order to avoid humiliation of honour and advantage of the person, than «problem closing» legal definition of investigated moral categories [149] . As marks N.V.Tarabaeva, «creation of legislative definitions of such difficult moral categories as honour, advantage and business reputation is represented inexpedient» [150] . J.A.Ageshin writes: « It is necessary to give interpretation of so difficult concepts to vessels,

to 3 law enforcement bodies, and also scientists » [151] .

Really, legally precisely to open the maintenance of these abstract concepts difficult enough. For this purpose it is necessary to consider them through a prism of concept of the intangible benefit which acts in relation to them as patrimonial concept [152] . However article 150 of the Civil code of the Russian Federation (further - GK the Russian Federation) also does not offer legal definition of concept
the intangible benefits, only listing them, not opening their maintenance.

In this connection it is expedient to address to an explanatory dictionary.

In S.I.Ozhegova and N.J.Shvedovoj's dictionary following definitions are offered: «Advantage - set of high moral qualities, and also respect of these qualities in itself. Honour - worthy respect and pride moral qualities of the person, its corresponding principles» [153] . In the Explanatory dictionary of live great Russian language of V.I.Dalja following definition of concept of honour is resulted: «Honour - internal moral advantage of the person, valour, honesty, nobleness of soul and pure conscience» [154] .

Thus, in Russian essential signs of the given concepts are semantic components: "morals", "morals", "advantage" of the person. In this connection it is possible to conclude, that the given concepts - categories of exclusively moral sphere. However they play human lives so important role that require a legal protection, in particular during the modern period when the person more and more is individualised, becomes more thin in psychological sense and demands to itself attention and respect.

If to analyse texts of laws it is possible to come to conclusion, that in one standard legal act there is no legal definition of concepts of honour and advantage of the person. According to many authors, it is connected by that the moral space is much wider than the legal. In legal science these concepts are defined as morally-legal categories with specific properties inherent in them. Distinctions between them only in the subjective or objective approach at an estimation of these qualities. At a formulation of these concepts various authors give not identical, but definitions not contradicting each other.

So, V.Levanov notices, that «honour is understood as a public estimation of the person, a measure of social, spiritual qualities of the citizen as member of a society,
which in many respects depends on it, from its behaviour, the relation to other people, collective, the state». Advantage is considered by the specified author as an internal self-estimation of own qualities, abilities, outlooks, the public value. As he said, these concepts reflect certain social relations between the citizen and a society that is why have public value and are protected, including the right [155] .

Honour - the impartial assessment of the person defining the relation of a society to the citizen or the legal body, is a social estimation of moral and other qualities of the person [156] .

As marks A.A.Vlasov, the concept of honour has two aspects - external (objective) and internal (subjective). The external (objective) party of honour consists in a recognition and respect of merits of the person from a society and is its reputation, the reputation which has found expression in high opinion of associates. The internal (subjective) party of honour consists in ability of the person most to estimate the actions and acts, to realise the honour, reputation, to feel about itself opinion in the certain public environment, and acts as internal motive of activity and behaviour of the person. Thus, honour is a positive estimation of reflexions of spiritual qualities of the person in consciousness of a surrounding society [157] .

According to S.Potapenko, the feeling of honour is the major social line of the person as via its this property the public opinion has moral influence on the person. The susceptibility of the person depends on degree of development of feeling of honour to moral influence of a society. Honour is the morally-legal category of is positive-objective character defining a public estimation of the person.

According to M.N.Maleinoj, honour is a public estimation of the person,
a measure of spiritual, social qualities of the citizen [158] . In turn, I.J.Djurjagin believes, that honour means a high public estimation of the person. Having analysed the concepts of honour formulated by domestic philosophers, H.P.Mannanova specifies, that the honour category in ethics expresses, first of all, an appreciation of activity and behaviour of the person from a society, expressed in respect, a general recognition and kind glory of the person, and, at the same time, in a high self-estimation, i.e. judgement of social recognition of the person.

According to A.L.Anisimov, from the point of view of filosofsko-legal views honour represents the mighty power largest from forces, relations of people shown in history and the people as a whole [159] . Besides, honour is a public estimation of the person, a certain measure of spiritual, social qualities of the citizen. It is the same blessing of the person, as his life, health and freedom. The person valuing the honour, commensurates it with the reputation and conscience.

According to A.L.Anisimov, the concept of honour has three aspects. First, it is the characteristic of the person («quality of the person»). This party of concept of honour most brightly acts in dictionary definitions, especially in resulted above «the Explanatory dictionary of live great Russian language» V.I.Dalja («internal moral advantage of the person, valour, honesty, nobleness of soul and pure conscience»). Secondly, it is a public estimation of the person («reflexion of qualities of the person in public consciousness»). The concept of honour initially assumes, that this estimation positive. Thirdly, it is the public estimation accepted by the person, «ability of the person to estimate the acts... To operate in a moral life according to accepted in... A society moral standards, rules and requirements» [160] .

the definition of honour offered by A.M.Erdelevsky as
«accompanied by a positive estimation of a society reflexion of qualities of the person in public consciousness» Is known.

the Resulted judgements show opposition of two approaches: the concept "honour" is considered as an estimation category by other people and as a self-estimation.

Nevertheless association of these two approaches probably, proceeding from that that honour is an and public estimation of the person and at the same time judgement the person of such estimation, i.e. a self-estimation. Thus, the concept of honour has two aspects: external (objective) and internal (subjective).

the Outer side of concept of honour is objective under the maintenance as does not depend on an estimation of the concrete person, and reflects the values of a concrete society generalised in given concept, social group. The honour outer side is also a moral and political estimation of activity and behaviour of the concrete person other people, a society, having steady character and concerning persons in whole or its separate parties. The external estimation of honour is closely connected with concepts "reputation", "reputation", "prestige". And if the reputation means the general steady opinion on an estimation of the person and its activity, prevailing in certain group of people the prestige is the same estimation, but limited to a limit of narrower circle.

Therefore the objective party of honour under the maintenance has concrete historical character and expresses representation about a place and a role of the person in difficult system of public relations, about the requirements shown to the person from a society, about personal and public estimations of its activity, i.e. reflects the general for a concrete society the moral phenomena.

Hence, objective, the honour outer side consists in a recognition and respect of merits of the person from a society and is its reputation, a reputation, the moral value which has found expression in high opinion of associates. Besides, honour represents also the ethical blessing as directs activity of the person on achievement
a positive estimation from a society and, thereby, delivers it moral satisfaction.

the Internal party of honour is subjective under the form and inseparably linked with ability of the person independently to estimate the actions and acts with comprehension of the honour, reputation, with its sensitivity to what opinion on it will exist in the certain public environment. Feeling, consciousness of honour - the important property of the person as the susceptibility of the person depends on degree of its development to moral influence of public opinion. Thus, honour in subjective, internal aspect, acts as internal motive of activity and behaviour of the person.

As to concept of advantage it has found the wide use rather recently.

A.L.Anisimov's Advantage the self-estimation of own qualities, abilities defines as «, outlooks, the behaviour, public value» [161] . Honour and advantage categories, according to its point of view, define the relation to the person as higher public value. In the legal literature other definitions of analyzed concepts are extended also.

Advantage is defined by A.M.Erdelevsky as «accompanied a positive estimation of the person reflexion of its qualities in own consciousness» [162] .

Advantage - a self-estimation of the person, comprehension of the personal qualities by it, abilities, the outlook, the executed debt and the public value. The self-estimation should be based on socially significant criteria of an estimation of moral and other qualities of the person. Advantage defines value judgment of the person [163] .

There are also other definitions of advantage, such as «comprehension by the person of the qualities, abilities, aspirations and the public value. It is a self-estimation of the person, but based on an estimation a society» [164] or «a self-estimation the person of moral, professional and other qualities» [165] .

According to R.N.Fedorova advantage is defined as «comprehension by the person and associates of the fact of possession by not discredited moral and intellectual qualities. Advantage of the person is defined not only a self-estimation of the subject, but also set of objective qualities of the person characterising its reputation in a society (prudence, moral installations, level of knowledge, possession by socially useful skills, a worthy way of life, etc.)» [166] .

As marks JU.I.Stretsovsky, «advantage of the person» joins in concept possession and the minimum set of the social blessings necessary for

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a worthy life [167] .

Categories of honour and advantage define the relation to the person as higher public value.

Concepts of honour and advantage have also a certain orientation. Their object is, first of all, the person, either the group of people, or collective, or, in wider plan, speak about honour of the nation, a class.

Feelings of honour and advantage not only are worried, but also realised, therefore at interpretation of concept of honour differentiate feeling of honour from consciousness of own advantage. At the person the consciousness and feeling of honour and advantage are as though integrally merged together, but they cannot be identified.

Advantage of this or that person consists in the spiritual and physical qualities valuable from the point of view of requirements of a society. These

personal qualities also constitute that it is accepted to name personal advantage.

As well as honour, advantage combines both social, and individual the parties. Its social character is shown that as moral values and socially significant quality of the person advantage is defined by existing public relations and quite often does not depend on the person. But the given category acts also as consciousness and self-respect. These subjective parties of advantage represent judgement and experience by the person of the moral values and the public importance, they are caused by public relations and depend on them.

As marks A.A.Vlasov, in understanding of advantage, as well as honour, mark two aspects - external (objective) and internal (subjective). The objective aspect of advantage consists in a recognition of the person the higher value. The inside of a category of advantage is connected with private world of the person, its outlook and belief, ability to arrive according to the moral requirements accepted in a society and norms, i.e. connected with feeling and comprehension of the moral values and utility to a society [168] .

Honour and advantage, being moral categories, carry at the same time obshchepravovoj character. They are closely connected among themselves and more often are considered as uniform pair of categories in ethics and the right. Categories of honour and advantage define the relation to the person as higher public value.

Concepts of honour and advantage have also a certain public orientation. Their object are, first of all, the person or group of people, or collective, or, in wider plan, speak about honour and advantage of the nation.

Honour and advantage among themselves have indissoluble communication owing to that in their basis the uniform criterion of morals lays. Feelings of honour and
advantages not only are worried, but also realised, therefore at interpretation of concept of honour differentiate feeling of honour from consciousness of own advantage. At the person the consciousness and feeling of honour and advantage are as though integrally merged together, follow one of another.

At the same time the close interaction of these categories reflecting a reality, does not exclude their distinction and presence at each of them of specific, independent lines and features. The basic distinction of these concepts, in our opinion, consists that if honour defines degree of a recognition, respect of the person from a society as result of performance by it standard moral and rules of law advantage assumes equal possibilities of all people to reach such recognition, respect. That is the advantage category is connected with idea of moral self-affirmation of the person, and an honour category - with idea of social recognition of the person.

Advantage of the person is in certain dependence on its education, an internal inner world, features of a mental warehouse.

Honour and advantage, in particular, citizens are not identical, as their merits before a society are not identical. The maintenance of honour and advantage of any person constantly is enriched, varies in process of development of its public work.

So, it is possible to draw a conclusion, that in a modern society in concept "honour" put positive public opinion about moral qualities of the concrete person, the impartial assessment of the person defining the relation of a society to the citizen; it is a social estimation of moral and other qualities of the person. The concept "advantage" is considered as an internal self-estimation of the person, comprehension of the personal qualities by it, abilities, by the outlooks, the executed debt and the public value.

Thus, it is possible to conclude, that honour and advantage - concepts wide enough, rich under the maintenance and deeply dialectic by the nature. They can be perceived in spheres of moral consciousness (as feelings and as concepts), ethics (as morals categories) and the rights (as protected
by the law the social blessings). It is represented, that the sheaf «honour and advantage» is not casual, as the parity of these concepts has interpenetrating character. They are consolidated by the general theoretical, legal and social basis.

Deep dialektichnost and an interlacing of the specified concepts many researchers repeatedly marked. It is remarkable, that both concepts are quite often defined one through another, balancing on the verge of infringement of laws of logic. So A.V.Belyavsky and N.A.Pridvornov notice, that «honour is a moral estimation (recognition) of advantage (activity, behaviour) persons other people (public opinion), i.e. reputation» [169] .

Unlike honour, advantage is not simply estimation of conformity of the person and the acts to social (moral) norms, but, first of all, sensation of the value as person in general (human advantage), as concrete person (personal advantage), as representative of certain social group or generality (for example, professional advantage), values of most this generality (for example, national advantage).

So, on the basis of the analysis of concepts of honour and advantage from the legal point of view it is possible to conclude, that between authors there are no essential disagreements what to understand as honour and advantage. In this connection, some authors consider, that for pravoprimenitelej it is much more important to fix system of actions which are forbidden to be made in order to avoid humiliation of honour and advantage of the person, than «problem closing» legal definition of investigated moral categories [170] .

Thus, concepts of honour and advantage should be considered in three aspects: in philological sense (an essential sign the morally-ethical aspect is); from the point of view of the logic analysis (abstract categories out of a psychological field of treating subjects); from legal positions (as teoretiko-legal concepts and legal values).

In jurisprudence of concept of honour and advantage reflect certain social relations between the citizen and a society that allows to speak honour and advantage as about teoretiko-legal concepts.

it is necessary to tell about prospects of development of honour and advantage also. So, considering set of opinions existing for today about identity or distinction of such concepts as "honour", "advantage", "reputation", "reputation", «business reputation», «social prestige», etc. A.M.Erdelevsky suggests to enter universal concept: «In end of consideration of a question on the maintenance of concepts of advantage, honour, a reputation and business reputation it would be desirable to express opinion on expediency of replacement of last three terms one term -« reputation ». Such uniform term is successfully applied in the Anglo-Saxon right. Thus the question on a reputation kind dares, in case of need, depending on a kind of the subject, whose reputation has undergone to belittling. So, for example, the commercial legal body protects the commercial reputation, the establishment which is carrying out functions of the state body, - administrative reputation, etc.» [171] .

According to article 23 of the Constitution of the Russian Federation everyone has the right to protection of the honour and a reputation. According to a part of 1 article 21 of the Constitution: «Advantage of the person is protected by the state. Nothing can be the basis for its belittling». In development of the constitutional norms article 150 of the Civil code of the Russian Federation carries advantage of the person, its honour, a reputation, business reputation to number of the most significant intangible benefits.

In this connection S.A.Avakjan speaks about fastening of advantage of the person as to a konstitutsionno-legal category [172] . In turn A.L.Anisimov carries honour and advantage to is social-legal categories to what the name of one of paragraphs of its work devoted to protection
of honour and advantage of the person testifies, namely «Honour, advantage and business reputation as is social-legal categories» [173] .

Apparently from the specified examples, in connection with concepts of honour and advantage of legal researches the word-combination «a legal category» is used. However to estimate legitimacy of its use concerning honour and advantage it is necessary to address to definition of the given concept.

it is necessary to notice, that by consideration of legal categories that circumstance should be considered, that the right from its standard party acts as display of certain abstracting activity of the person. In this connection it is necessary to stop on distinctions of legal categories and right categories. As marks A.M.Vasilev, the different combination of these two words has certain conceptual sense [174] . Legal categories - scientific concepts which act as the tool of scientific thinking and serve for display of an objective essence of the legal phenomena. Right categories - components of legal standard structure, the legal regulation tool.

Feature of legal categories in comparison with concepts of other social studies consists just that definitions or essential signs of some of them receive the fastening in the law. It concerns the majority of concepts which develop special jurisprudence. obektivirujas in the right, corresponding concepts fall outside the limits purely scientific representations, receiving wider ­ obshchestvennojuridicheskuju the importance. Such obektivizatsija acts as the moment of transition of legal categories in a category of the right and is the basis for carrying out of distinctions between them.

Being included in structure of the standard legal act, i.e. categories becoming right, the specified concepts, first, turn in
obligatory state establishments, secondly, not only are shown as attributes of abstract thinking, but also act as means of regulation of public relations as the state scale of an estimation of behaviour of people, thirdly, get ability to translate the general abstract requirements of level of practical actions of participants of legal dialogue.

Thus, it is possible to conclude, that the use concerning honour and advantage of a word-combination «legal categories» speaks obektivatsiej them in the right (i.e. the moment of fastening of honour and advantage in standard legal acts). Such obektivizatsija acts as the moment of transition of legal categories in a right category that does possible the use concerning honour and advantage and a word-combination «right categories».

Thus, honour and advantage of the person inseparably linked with the right as their infringement or loss involve loss of normal public relations, and, means, and loss of the certain status in legal relations with other subjects and the state. Teoretiko-legal interpretation of the given concepts is based on the analysis of the rules of law protecting these blessings. From the point of view of the valuable approach to the analysis of the legal phenomena, concepts of honour and advantage are the major legal values, occupy significant position in system of human rights and require corresponding protection from the state and a society.

Under honour in teoretiko-legal sense it is necessary to understand a social estimation of conformity of the person, its moral and other qualities, and also acts to the social norms, formed depending on a level of development of economic, political and spiritual spheres of a life of a society, and also taking into account hierarchy of values at a concrete stage of its historical development. In the maintenance of concept of honour public opinion about the concrete person, the relation to it from a society is reflected.

Under advantage it is necessary to understand an internal estimation of the person, comprehension of own personal qualities by it, abilities, outlook,
the executed debt and the public value, and also sensation of the value as the person in general (human advantage), as concrete person (personal advantage), as representative of certain social group or generality (for example, professional advantage), values of most this generality (for example, national advantage).

Categories "honour" and "advantage" are closely connected among themselves, but have differences. Advantage is based on a principle of equality of all people in moral and legal relations and does not depend on the public importance of the person. The maintenance of concept "honour" includes an estimation of the social importance of the person from a society depending on a sort of its activity, moral qualities etc. Specified concepts reflect subjective (advantage) and objective (honour) of representation about the position occupied with the person in system of public relations. The state and the right provide application of the effective mechanism of protection or restoration of the given position in cases of possible infringements. Thus, both concepts of the dialectic unity reflect deep interrelation of the person, a society and the state, balance of interests of each of components of this system on the basis of observance of the rights and personal freedoms.

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A source: Bezrodnova Xenia Valerevna. Honour and advantage as teoretiko-legal concepts (istoriko-legal research). The dissertation on competition of a scientific degree of the master of laws. Chelyabinsk - 2014. 2014

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