1(14), 2020 Issn 1829-3824

ISSN 1829-3824

1(14), 2020 EDITORIAL BOARD

Honorary Chief of the Ruben MIRZAKHANYAN - PhD, Doctor of Science (in History), Professor, Rector of Khachatur Abovian Arme- Editorial Board nian State Pedagogical University, Honorary Member of Armenian Philosophical Academy

Editor-in-Chief Hasmik HOVHANNISYAN - PhD, Doctor of Science (in Philosophy), Full Member of the Armenian Philosophical Academy, Chairperson of the Department of Philosophy and Logic named after Academician Georg Brutian at Kha- chatur Abovian Armenian State Pedagogical University, Vice-President of the Armenian Philosophical Academy Phone: +374 10 597 065; E-mail: [email protected]; [email protected] Associate Editor Hovhannes HOVHANNISYAN - PhD in Philosophy, Associate Professor of the Department of Philosophy and Logic named after Academician Georg Brutian at Khachatur Abovian Armenian State Pedagogical University and Yerevan State University, Scientific Secretary of the Armenian Philosophical Academy, Head of the Chair of Hu- manities and Social Science at French University of Armenia, Member of the Public Council of RA Advisory Editors Evandro AGAZZI - Professor in the Department of Bioethics of the Panamerican University of Mexico City (Mexico), Professor Emeritus of the Universities of Fribourg (Switzerland) and Genoa (Italy), President of the International Academy of Philosophy of Science (Brussels), former President (and now Honorary President) of the International Federation of the Philosophical Societies (FISP) and of the International Institute of Philoso- phy (Paris) Georgia APOSTOLOPOULOU - Professor Emeritus of Philosophy at the Department of Philosophy at the Uni- versity of Ioannina (Greece), Member of the International Academy for Philosophy Maria BAGHRAMIAN - Professor (Ireland), Head of the School of Philosophy at University College Dublin (UCD), Member of the Royal Irish Academy (MRIA), Steering Committee Member of International Federation of the Philosophical Societies (FISP) Linos G. BENAKIS - PhD, PhD h.c., Research Fellow of the Academy of Athens, Former Director of the Re- search Centre of Greek Philosophy Frans H. van EEMEREN - President ILIAS, Jiangsu University, Honorary Director Jiangsu University, Director of International Institute of Pragma-Dialectics, Zhenjiang University, Adjunct Professor Leiden University, Zhenjiang University and Sun Yat-sen University, Professor Emeritus Speech Communication, Argumentation Theory and Rhetoric University of Amsterdam Srbuhi GEVORGYAN - PhD, Doctor of Science (in Psychology), Professor, Vice-Rector for Education and Re- search of Khachatur Abovian Armenian State Pedagogical University, Full Member of the Armenian Philosophical Academy Hasmik HOVHANNISYAN - PhD, Doctor of Science (in Philosophy), Full Member of the Armenian Philosophical Academy, Chairperson of the Department of Philosophy and Logic named after Academician Georg Brutian at Kha- chatur Abovian Armenian State Pedagogical University, Vice-President of the Armenian Philosophical Academy Hans KÖCHLER - Professor Emeritus of Philosophy at the University of Innsbruck (Austria), President of the In- ternational Progress Organization, Co-President of the International Academy for Philosophy Armen T. MARSOOBIAN - Professor and Chairperson of the Philosophy Department at Southern Connecticut State University, New Haven (USA), Editor-in-Chief of the journal Metaphilosophy Karen MOMJYAN - PhD, Doctor of Science (in Philosophy), Professor, Head of the Chair of Social Philosophy at Moscow State University Evangelos MOUTSOPOULOS - PhD, Doctor of Science (in Philosophy), Honorary Rector of the University of Athens, Co-President of the International Academy for Philosophy Kadzhik OGANYAN - PhD, Doctor of Science (in Philosophy), Professor of Social and Humanitarian Disciplines of the National State University of Physical Culture, Sports and Health named after P.F. Lesgaft (St. Petersburg, RA) and of the Department of Philosophy and Logic named after Academician Georg Brutian at Khachatur Abovian Armenian State Pedagogical University, Foreign Member of the Armenian Philosophical Academy Andrei SMIRNOV - PhD, Doctor of Science (in Philosophy), Academician, President of Russian Academy of Sci- ences Arkadiy URSUL - PhD, Doctor of Science (in Philosophy), Professor of the Faculty of Global Processes at the Rus- sian State University after M.Lomonosov, Founder and Honorary President of the Russian Academy of Cosmonautics after K.Tsiolkovsky, Academician of the Academy of Sciences of Moldova, President of the International Academy of Noosphere - MANUR, Member of the International Academy for Philosophy, Head of the Department of Ecology and Environmental Management Branch, Russian Academy of Public Administration under the President of the Rus- sian Federation Managing Editor Ashot GEVORGYAN - PhD in Philosophy, Associate Professor of the Department of Philosophy and Logic named after Academician Georg Brutian at Khachatur Abovian Armenian State Pedagogical University Book Review Editor Robert DJIDJIAN - PhD, Doctor of Science (in Philosophy), Professor of the Department of Philosophy and Logic named after Academician Georg Brutian at Khachatur Abovian Armenian State Pedagogical University, President of the Armenian Philosophical Academy Literary Editors John MASON - Professor of Hollins University (USA) Tigran MIKAELYAN - PhD in Philology, Dean of the Faculty of Foreign Languages of Khachatur Abovian Arme- nian State Pedagogical University Marie-Luisa FRICK - PhD, Doctor of Science (in Philosophy), Professor of the Department of Philosophy at the University of Innsbruck Andranik STEPANYAN - PhD in Philosophy, Associate Professor of Religious Studies and Cultural Anthropology in the Department of Philosophy and Logic named after Academician Georg Brutian at Khachatur Abovian Armenian State Pedagogical University Editorial Assistant Satenik KUZANYAN - PhD student of the Department of Philosophy and Logic named after Academician Georg Brutian at Khachatur Abovian Armenian State Pedagogical University, Senior Specialist of the same department S C I E N T I F I C J O U R N A L Published by the decision of the Scientific Council of Khachatur Abovian Armenian State Pedagogical University

Department of Philosophy and Logic named after Academician Georg Brutian

W I S D O M

1(14), 2 0 2 0

WISDOM is covered in Clarivate Analytics‘ Emerging Sources Citation Index service

YEREVAN – 2020

CONTENT

EDITORS’ FOREWORD 4

EPISTEMOLOGY, PHILOSOPHY OF SCIENCE, 5 METAPHILOSOPHY, ARGUMENTATION, COMMUNICATION

Natalia BIGUNOVA, Ganna OLIINYK, Olena SELIVANOVA 6 Communication Noise as a Discourse Component Anahit HAKOBYAN 19 Digitalization of Communication and the Spiral of Silence Theory Igor KOLOSOV, Konstantin SIGALOV 31 Epistemological Foundations of Early Legal Utilitarianism Natalia KUTUZA, Inna KRAVETS 45 Linguophilosophical Aspect of Communicative Influence: Theoretical Basis Vladimir OGORODNIKOV, Kadzhik OGANYAN 56 On the Perceptual, the Conceptual, the Objectively Real and the Problem of Truth in Cosmogony and Cosmology Nadezhda POKROVSKAIA, Yakov MARGULYAN, Alena BULATETSKAIA, Svetlana 69 SNISARENKO Intellectual Analysis for Educational Path Cognitive Modeling: Digital Knowledge for Post-Modern Value Creation

SOCIAL AND POLITICAL PHILOSOPHY 77

Roman BULAT, Hafiza BAICHOROVA 78 Psycho-Pedagogical Resources and the Quality of Professional Training of Students Yelena ETARYAN 88 Irony as ―Ferment of Philosophical and Aesthetic Speculation‖ (By Friedrich Schlegel and Thomas Mann) Arusyak GEVORGYAN 98 A Theoretical-Practical Analysis of Philosophical and Psychological Aspects of Human Resources Management Nonna KHACHATRYAN, Hrachya SARGSYAN 105 National Value System Impact on the Economy of Armenia Irina UTIUZH, Natalia SPYTSIA, Alla SINITSYNA, Natella PAVLENKO 112 Scientific and Educational Technologies in Human Capital Formation

WISDOM 1(14), 2020 2 2 CONTENT

CONTENT PHILOSOPHY OF LAW 121

EDITORS’ FOREWORD 4 Hayk GRIGORYAN 122 Aggression as a Crime in International and National Criminal Law EPISTEMOLOGY, PHILOSOPHY OF SCIENCE, Davit HARUTYUNYAN, Lilit YEREMYAN 131 5 METAPHILOSOPHY, ARGUMENTATION, COMMUNICATION Freedom of Thought: Legal Protection from Manipulation Aghvan HOVSEPYAN 148 Natalia BIGUNOVA, Ganna OLIINYK, Olena SELIVANOVA 6 Patriotism and Armenian Statehood in the Norms of Armenian Law Communication Noise as a Discourse Component Lilit KAZANCHIAN 159 Anahit HAKOBYAN 19 Features of Fundamental Rights in the Context of the Philosophy of Law Digitalization of Communication and the Spiral of Silence Theory Igor KOLOSOV, Konstantin SIGALOV 31 PHILOSOPHY OF ART 166 Epistemological Foundations of Early Legal Utilitarianism Natalia KUTUZA, Inna KRAVETS 45 Lucio GIULIODORI, Aisana BOLDYREVA, Anna BOBUNOVA, 167 Linguophilosophical Aspect of Communicative Influence: Theoretical Basis Vladislav BORANENKOV, Elena NOTINA Vladimir OGORODNIKOV, Kadzhik OGANYAN 56 Surrealism between Psychological Investigation and Artistic Commitment On the Perceptual, the Conceptual, the Objectively Real and the Problem of Truth in Cosmogony NOTES TO CONTRIBUTORS 175 and Cosmology AUTHORS 178 Nadezhda POKROVSKAIA, Yakov MARGULYAN, Alena BULATETSKAIA, Svetlana 69 SNISARENKO Intellectual Analysis for Educational Path Cognitive Modeling: Digital Knowledge for Post-Modern Value Creation

SOCIAL AND POLITICAL PHILOSOPHY 77

WISDOM 1(14), 2020 2 3 3 EDITORS’ FOREWORD

EDITORS‘ FOREWORD

The Armenian State Pedagogical University crime, international and national criminal law, after Khachatur Abovyan and the Editorial Bo- patriotism and Armenian law. ard of WISDOM are delighted to present the 14th The observations, achievements and posi- issue of the journal (the 1st of 2020) to the scien- tive feedback received on the already published tific community. issues of the journal are the evidence of the sig- Given the growing number of respected and nificance and value of the articles published so groundbreaking articles submitted to the journal far. The Editorial Board extends the sincerest three issues instead of two will be published per gratitude to all the authors, reviewers, professi- year. onal critics and assessors of the papers involved. The 16 articles published in the WISDOM We extend our special appreciation to Khachatur 1(14), 2020 issue reflect and discourse the prob- Abovyan Armenian State Pedagogical Universi- lems traditionally addressed in the various sec- ty‘s Administration for its consistent support for tions of the journal: Epistemology, philosophy of publishing the periodical. science, metaphilosophy, argumentation, com- Given the significance of the underlying munication; Social and political philosophy; principle of pluralism over scientific issues and History of philosophy; Philosohy of art. This is- freedom of speech, we should remind that the sue is offering a novel section, Philosophy of authors carry primary responsibility for the view- law, which addresses the following matters: fun- points introduced in their papers which may not damental rights in philosophy of law, freedom of coincide with those of the Editorial Board. thought and manipulation, aggression and

WISDOM 1(14), 2020 4 4

EDITORS‘ FOREWORD

The Armenian State Pedagogical University crime, international and national criminal law, after Khachatur Abovyan and the Editorial Bo- patriotism and Armenian law. ard of WISDOM are delighted to present the 14th The observations, achievements and posi- issue of the journal (the 1st of 2020) to the scien- tive feedback received on the already published tific community. issues of the journal are the evidence of the sig- Given the growing number of respected and nificance and value of the articles published so groundbreaking articles submitted to the journal far. The Editorial Board extends the sincerest three issues instead of two will be published per gratitude to all the authors, reviewers, professi- year. onal critics and assessors of the papers involved. The 16 articles published in the WISDOM We extend our special appreciation to Khachatur 1(14), 2020 issue reflect and discourse the prob- Abovyan Armenian State Pedagogical Universi- lems traditionally addressed in the various sec- ty‘s Administration for its consistent support for tions of the journal: Epistemology, philosophy of publishing the periodical. science, metaphilosophy, argumentation, com- Given the significance of the underlying munication; Social and political philosophy; principle of pluralism over scientific issues and History of philosophy; Philosohy of art. This is- freedom of speech, we should remind that the EPISTEMOLOGY, PHILOSOPHY OF SCIENCE, sue is offering a novel section, Philosophy of authors carry primary responsibility for the view- law, which addresses the following matters: fun- points introduced in their papers which may not METAPHILOSOPHY, ARGUMENTATION, COMMUNICATION damental rights in philosophy of law, freedom of coincide with those of the Editorial Board. thought and manipulation, aggression and

WISDOM 1(14), 2020 4 5 5 Natalia BIGUNOVA, Ganna OLIINYK, Olena SELIVANOVA

DOI: 10.24234/wisdom.v14i1.325 Natalia BIGUNOVA, Ganna OLIINYK, Olena SELIVANOVA

COMMUNICATION NOISE AS A DISCOURSE COMPONENT

Abstract

The paper focuses on the investigation of communicative noise at various levels of monocultural and intercultural communication. Communication noise is seen as a component of a communicative event, functioning as obstacles of different nature that lower the effectiveness of communication, destabilize it and are able to cause communicative conflict or the breakdown of communication. In linguistic pragmatics, the main features of communication noise have been identified as vagueness and ambiguity of a message: vagueness is characterized by a more significant degree of noise than ambiguity. The authors of the article have tried to probe more deeply into the area of communication noise by singling out levels of the communicative situation. The article offers a differentiation of five discourse levels: verbal-semiotic, cognitive-interpretational, interactive, ontological and sociocultural levels. The central part of the paper analyzes the barriers that cause communication noise at each of the offered levels of the communicative situation. The raised issues offer prospects for further research, such as investigating of noise effects in real communication, identifying a set of causes leading to communication noise, as well as noise-resistant factors, preventing or removing it.

Keywords: communication, discourse, communication noise, barrier, vagueness, ambiguity.

Introduction atopon (deprived of place) to define obstacles as utterances which cause surprise and do not meet Modern communicative linguistics and dis- the communicants‘ expectations. course analysis have recently registered decisive In the philosophy of language, the issues of attempts to penetrate into the component struc- misunderstanding and communicative failure ture of a communicative event (Eco, 1998; have long received a fair amount of attention. Leech, 1981; Lakoff, 1987; Frumkina, 2003; The first philosophers to raise those issues were Makarov, 2003; Selivanova, 2010; Bigunova, Jain philosophers, ancient Indian religious think- 2019, et al.). Communication noise is seen as one ers, who as long ago as in IX–VI centuries B.C. of such components, defined as obstacles of dif- differentiated among 100 karmas and organized ferent nature that lower the effectiveness of com- them into two broad groups: those impeding cog- munication, destabilize it and are able to cause nition and those impeding understanding. More- communicative conflict or the breakdown of over, misunderstanding is known to be the pri- communication. Ancient Greeks used the word mary basis for Jainism.

WISDOM 1(14), 2020 6 6 Communication Noise as a Discourse Component

DOI: 10.24234/wisdom.v14i1.325 In the Middle Ages, T. Hobbes defined un- ticians C. E. Shannon and W. Weaver in 1949 Natalia BIGUNOVA, derstanding is a sort of imagination. Understand- when they offered transmission model, which is Ganna OLIINYK, ing is, T. Hobbes (1994) says, ―the imagination still considered the most well-known and influ- Olena SELIVANOVA that is raised in man (or any other creature en- ential formal model of. The aim of C. E. Shan- dued with the faculty of imagining) by words or non was the signal transmission from source to COMMUNICATION NOISE AS A DISCOURSE COMPONENT other voluntary signs‖ (p. 45). According to T. destination through transmitter and receiver ac- Hobbes, humans have a sort of understanding ross the channel with minimal interference or er- Abstract that other creatures lack. They can also under- ror. The information theory was initially devel- stand the ―conceptions and thoughts‖ (Hobbes, oped to separate noise from the signals carrying The paper focuses on the investigation of communicative noise at various levels of monocultural and 1994, p. 45) of others from their uses of lan- the information. W. Weaver extended and ap- intercultural communication. Communication noise is seen as a component of a communicative event, guage. plied Shannon‘s information theory for different functioning as obstacles of different nature that lower the effectiveness of communication, destabilize it Understanding is for T. Hobbes, the work of kinds of communication (Shannon & Weaver, and are able to cause communicative conflict or the breakdown of communication. In linguistic pragmat- the faculty of imagination, and crucially involves 1949). ics, the main features of communication noise have been identified as vagueness and ambiguity of a mes- language. An account of the workings of lan- W. Weaver reported that noise could be sage: vagueness is characterized by a more significant degree of noise than ambiguity. The authors of the guage is thus crucial for his having an account of produced within the transmission and reception 1 article have tried to probe more deeply into the area of communication noise by singling out levels of the the workings of the mind. system, which has a physical nature or can be communicative situation. The article offers a differentiation of five discourse levels: verbal-semiotic, cog- G. W. Leibniz (1989), a prominent German semantic, which can be the result of mismatching nitive-interpretational, interactive, ontological and sociocultural levels. The central part of the paper ana- philosopher, says, ―The senses, although they are encoder and decoder or human interpretation. As lyzes the barriers that cause communication noise at each of the offered levels of the communicative situa- necessary for all our actual knowledge, are not W. Weaver found out, relative to the broad sub- tion. The raised issues offer prospects for further research, such as investigating of noise effects in real sufficient to give us the whole of it, since the ject of communication, there might occur prob- communication, identifying a set of causes leading to communication noise, as well as noise-resistant fac- senses never give anything but instances, that is lems at three levels (technical, semantic, and ef- tors, preventing or removing it. to say, particular or individual truths. Now all the ficacious). The technical problems are concerned instances which confirm a general truth, however with the accuracy of transference from the sender Keywords: communication, discourse, communication noise, barrier, vagueness, ambiguity. numerous they may be, are not sufficient to es- to the receiver of sets of symbols (written tablish the universal necessity of this same truth, speech), or of a continuously varying signal (tel- for it does not follow that what happened before ephonic or radio transmission of voice or music), Introduction atopon (deprived of place) to define obstacles as will happen in the same way again. …From or of a continuously varying two-dimensional 2 utterances which cause surprise and do not meet which it appears that necessary truths, such as we pattern (television), etc. The semantic problems Modern communicative linguistics and dis- the communicants‘ expectations. find in pure mathematics, and particularly in are concerned with the interpretation of meaning course analysis have recently registered decisive In the philosophy of language, the issues of arithmetic and geometry, must have principles by the receiver, as compared with the intended attempts to penetrate into the component struc- misunderstanding and communicative failure whose proof does not depend on instances, nor meaning of the sender. The effectiveness prob- ture of a communicative event (Eco, 1998; have long received a fair amount of attention. consequently on the testimony of the senses, alt- lems are concerned with the success with which Leech, 1981; Lakoff, 1987; Frumkina, 2003; The first philosophers to raise those issues were hough without the senses it would never have the meaning conveyed to the receiver leads to the Makarov, 2003; Selivanova, 2010; Bigunova, Jain philosophers, ancient Indian religious think- occurred to us to think of them…‖ (p. 52). desired conduct on his part (Shannon & Weaver, th 3 2019, et al.). Communication noise is seen as one ers, who as long ago as in IX–VI centuries B.C. In the 20 century, the workout of the first 1949). of such components, defined as obstacles of dif- differentiated among 100 karmas and organized models of information output was followed by ferent nature that lower the effectiveness of com- them into two broad groups: those impeding cog- the definition of the components of communica- 2 See: Recent Contributions to The Mathematical The- munication, destabilize it and are able to cause nition and those impeding understanding. More- tion noise developed by the American mathema- ory of... http://ada.evergreen.edu/~arunc/texts/ cyber- netics/weaver.pdf. communicative conflict or the breakdown of over, misunderstanding is known to be the pri- 3 See: EDRS PRICE DESCRIPTORS Syntax IDEN- communication. Ancient Greeks used the word mary basis for Jainism. 1 See: Thomas Hobbes (Stanford Encyclopedia of Phi- TIFIERS ABSTRACT The... https://files.eric.ed.gov- losophy). https://plato.stanford.edu/entries/hobbes/. /fulltext/ED079767.pdf.

WISDOM 1(14), 2020 6 7 7 Natalia BIGUNOVA, Ganna OLIINYK, Olena SELIVANOVA

In W. Weaver and C. E. Shannon‘s model, the existence of double oppositional tendency. the components of communication noise and the On the one hand, there exists a drive towards a noise source determined the presence of two sig- homologation which works in the direction of nals, which served a primary finding for one of simplification of communication in the sense that the significant axioms of the theory of verbal it renders the transfer of information null or it communication, highlighting the absence of iso- impoverishes the dialogical exchange. On the morphism between the transmitted information other hand, an opposite tendency encourages dif- and meaning, perceived and interpreted by the ference which itself improves that value of addressee (Shannon & Weaver, 1949). In the communication as such at the expenses of an in- further attempts on modelling the process of increase of a degree of mutual untranslatability that formation transmission, the noise component inevitably renders the communication more ar- was referred not to the transmission channel but duous (Eco, 1989, p. 58). to the signal itself (Eco, 1998, pp. 36-38), code U. Eco defines aberrant decoding as a ―be- (Yakobson, 1975), or all the constituents and op- trayal of the sender‘s intentions‖ and mentions erations of the communicative situation in mod- the possibility that the addressee‘s codes and ern information models. subcodes and context produce an interpretation The problem of communication noise in the unforeseen by the sender. In such cases, when theory of verbal communication was rediscov- the addressee cannot isolate the sender‘s codes or ered when the problems of message effectiveness successfully substitute his own codes or sub- were touched upon. The psycholinguistic ap- codes for them, the message becomes pure proach offered an insight into communication noise.4 noise within the problem of speech perception, According to U. Eco, it is at the level of determined by the recipient‘s strategy to choose subcodes and actual circumstances that the con- an optimal and effective way of perception judg- tent of messages can be changed. If we want to ing by the correlation of signal and noise (Leon- lower the risk of making a mistake caused by tev, 1999, p. 132). There have been identified noise, we should complicate the code, i.e. insert immunity factors which determine speech per- redundancy elements which exclude entropy ception when the level of noise is increased: fre- (disorder) and transform disorder into the system quency of word usage, as the works of I. Goldi- of preestablished probabilities (Eco, 1989). Thus, amond & W. F. Hawkins (1958), R. Frumkina the more considerable the amount of infor- (1995), D. Rothwell (2004) report, the signifi- mation, the more complicated its communica- cance of the transmitted information, as the tion; the clearer the message, the smaller the works of A. A. Uhtomskiy (1950), A. A. Leon- amount of information. For this reason, C. E. tev (1999), R. C. Martin & M. L. Freedman Shannon and W. Weaver consider information as (2001) report, cognitive operations of compre- directly proportional to entropy. hending an interlocutor‘s message information In linguistic pragmatics, the main features content, as the works of C. Fillmore (1982), A. of communication noise have been identified as O. Oliinyk (2019) report. 4 U. Eco suggests that an everlasting tension See: Umberto Eco‘s Model of Communication - Se- miotics. https://semioticon.com/sio/courses/commu- within the process of communication indicates nication-and-cultural-studies/umberto-ecos-model-of- communication/.

WISDOM 1(14), 2020 8 8 Communication Noise as a Discourse Component

In W. Weaver and C. E. Shannon‘s model, the existence of double oppositional tendency. vagueness and ambiguity of a message: vague- els of the communicative situation. Following I. the components of communication noise and the On the one hand, there exists a drive towards a ness is characterized by a more significant degree Susov‘s conception, discourse stratification im- noise source determined the presence of two sig- homologation which works in the direction of of noise than ambiguity, though both features can plies three levels: formal-semiotic, cognitive-in- nals, which served a primary finding for one of simplification of communication in the sense that cause noise or breakdown of communication terpretational and social-interactive (Susov, the significant axioms of the theory of verbal it renders the transfer of information null or it (Leech, 1981, p. 12). According to G. Leech, va- 1988, pp. 7-13). The first one corresponds to the communication, highlighting the absence of iso- impoverishes the dialogical exchange. On the gueness can be eliminated by additional infor- verbal-sign form of message or text; the second morphism between the transmitted information other hand, an opposite tendency encourages dif- mation related to the vague state of things, while one corresponds to the content of the message and meaning, perceived and interpreted by the ference which itself improves that value of ambiguity reflects two variants of interpretation that is interpreted by the addressee; the third one addressee (Shannon & Weaver, 1949). In the communication as such at the expenses of an in- and can be translated onto an intentional strategic is linked to the interaction in a particular social further attempts on modelling the process of increase of a degree of mutual untranslatability that programme of communicative interaction. Am- environment that involves a set of intentions, formation transmission, the noise component inevitably renders the communication more ar- biguity can be eliminated utilizing further pro- strategies and responses of the communicants. was referred not to the transmission channel but duous (Eco, 1989, p. 58). gress of interaction: it does not need demand any We believe this stratification is grounded on the to the signal itself (Eco, 1998, pp. 36-38), code U. Eco defines aberrant decoding as a ―be- input of additional information (Leech, 1981, p. conception of unilateralism of a language sign, (Yakobson, 1975), or all the constituents and op- trayal of the sender‘s intentions‖ and mentions 12). As U. Eco (1998) remarks, an utterly am- since the semiotic level is limited by a form only, erations of the communicative situation in mod- the possibility that the addressee‘s codes and biguous message is informative, but it trenches and the information bulk located within this form ern information models. subcodes and context produce an interpretation on noise (p. 79). The cognitive nature of vague- produced by the addresser and interpreted by the The problem of communication noise in the unforeseen by the sender. In such cases, when ness is caused by the absence or incompleteness addressee belongs to the second level. This con- theory of verbal communication was rediscov- the addressee cannot isolate the sender‘s codes or of interpretive frame (C. Fillmore‘s term), situa- ception is similar to Y. V. Tarasova‘s (2000) ered when the problems of message effectiveness successfully substitute his own codes or sub- tion model or microstructure (T. van Dijk‘s term) stratification of discourse, which includes cogni- were touched upon. The psycholinguistic ap- codes for them, the message becomes pure in the recipient‘s mind which determine the un- tive, social-cultural and interpersonal levels of proach offered an insight into communication noise.4 derstanding of a message. Ambiguity is based on speech activity (p. 276). This classification lacks noise within the problem of speech perception, According to U. Eco, it is at the level of the presence of two cognitive structures in the the sign level of speech, and the correlation of determined by the recipient‘s strategy to choose subcodes and actual circumstances that the con- addressee‘s mind, the choice between which is cognitive and interpersonal levels remains ob- an optimal and effective way of perception judg- tent of messages can be changed. If we want to made when the reader moves forward in a text or scure, as any interaction is based on communica- ing by the correlation of signal and noise (Leon- lower the risk of making a mistake caused by discourse. tive competence, which has cognitive nature. tev, 1999, p. 132). There have been identified noise, we should complicate the code, i.e. insert As A. O. Oliinyk reports, a recipient is una- We offer differentiation of five discourse immunity factors which determine speech per- redundancy elements which exclude entropy ble to grasp the meaning of the message for sev- levels: ception when the level of noise is increased: fre- (disorder) and transform disorder into the system eral reasons. Apart from the ambiguity of the  verbal-semiotic level, manifested by sign quency of word usage, as the works of I. Goldi- of preestablished probabilities (Eco, 1989). Thus, meaning of the message, the speaker might be potential of verbal and paraverbal means amond & W. F. Hawkins (1958), R. Frumkina the more considerable the amount of infor- deceitful or dishonest, or his/her speech might be in a text or a message; (1995), D. Rothwell (2004) report, the signifi- mation, the more complicated its communica- indistinct. Furthermore, the addressee him-  cognitive-interpretational level, involv- cance of the transmitted information, as the tion; the clearer the message, the smaller the self/herself might be at fault if he/she is unable to ing two content bulks of communication: works of A. A. Uhtomskiy (1950), A. A. Leon- amount of information. For this reason, C. E. make effective interpretative operations and thus the one produced by the addresser and tev (1999), R. C. Martin & M. L. Freedman Shannon and W. Weaver consider information as gets incomplete mental representation of a com- the one perceived by the addressee; (2001) report, cognitive operations of compre- directly proportional to entropy. municative message. Thus, poor communicative  interactive level, involving the interac- hending an interlocutor‘s message information In linguistic pragmatics, the main features skills, poor thesaurus, lack of background know- tion of communicants, proceeding from content, as the works of C. Fillmore (1982), A. of communication noise have been identified as ledge lead to communicative failure and misun- their motives, intentions, strategical pro- O. Oliinyk (2019) report. derstanding (Oliinyk, 2019). grammes and interpretations, as well as 4 U. Eco suggests that an everlasting tension See: Umberto Eco‘s Model of Communication - Se- We have tried to probe more deeply into the miotics. https://semioticon.com/sio/courses/commu- situational roles; within the process of communication indicates nication-and-cultural-studies/umberto-ecos-model-of- area of communication noise by singling out lev-  ontological level, determined by the communication/.

WISDOM 1(14), 2020 8 9 9 Natalia BIGUNOVA, Ganna OLIINYK, Olena SELIVANOVA

communicative situation (place, time, and considerations, P. G. Wodehouse resorts to their possible discreteness, conditions abounding use of metaphors, which creates the and circumstances of communication); ironical effect, e.g.:  sociocultural level, maintaining com- ―In a matter of seconds by Shrewsbury municative interaction through social and clock, as Aunt Dahlia would have said, I cultural parameters (status and positional could see that she was going to come out with one of those schemes or plans of roles of communicants, the context of hers that not only stagger humanity and culture and social sphere, their norms turn the moon to blood but lead to some and conventions). These levels are syner- unfortunate male – who on the present gistically integrated and can not be sepa- occasion would, I strongly suspected, be rated, and they guarantee the interaction me – getting immersed in what Shake- of all discourse components. Communi- speare calls a sea of troubles if it was cation noise can occur at any of the lev- Shakespeare‖ (Wodehouse, 2009, p. 35). els. Excessive use of metaphors and associativi- At the verbal-semiotic level communication ty occur as a result of adding certain lexicodes to noise is manifested by the certain phonetic-pro- the established code systems. Lexicodes are se- sodic organization of a message (speech impe- mantic codes for the codes (Eco, 1998, p. 72). In diment, speech difficulties, low voice, hesita- literary criticism, such a noise is defined as the tions, wrong or non-motivated logical stress), in- effect of ―alienation‖ used in theatre practice by congruence as a discrepancy of verbal and para- B. Brecht or ―defamiliarization‖ (also translated verbal means, etc. It is considered that communi- as ―estrangement‖) introduced into metalanguage cation noise can also be caused by speech faults, by the representatives of Russian formalism however, it is worth mentioning that not all (Shklovsky, 1990). This effect is based on deau- speech faults lead to communication noise: if the tomatization of perception and understanding of addressee is capable of semantic-syntactic and familiar notions not within usual associations but situational prognostication, the noise is mini- as new things, never encountered before, and mized, since man‘s perception possesses a me- thus decoded with difficulty (Shklovsky, 1990, p. chanism that can, on the one hand, segment the 6). This resulted in the conception of ―abstruse perceived speech and, on the other hand, can cor- language‖ as a language for impeded perception, rect faults (―Speech Methods and Mistakes‖, e.g.: 1989, pp. 50-55). Noise effects produced by in- ―It was several weeks before Irie under- evitable speech mistakes are easily eliminated by stood that weathermen were the secular the context and the addressee‘s knowledge. antithesis of Hortense‘s life work, which At this discourse-level barriers are also was, essentially, a kind of super cosmic attempt to second-guess the Lord with caused by incWODEreased use of metaphors one almighty biblical exegesis of a which creates excessive connotational colouring. weather report‖ (Smith, 2001, p. 177). In literary discourse, for instance, excessive use At this level communication noise also oc- of metaphors is a characterizing feature of P. Ya- curs if a participant or participants do not under- kobson ‘s prose. Describing events, as well as the stand the meaning of words: their attempts to protagonist‘s not entirely convincing reflections interpret the vague meaning result in changing

WISDOM 1(14), 2020 10 10 Communication Noise as a Discourse Component

communicative situation (place, time, and considerations, P. G. Wodehouse resorts to the topic or in a comedic effect in dialogic swer. Why couldn‘t you said that before? their possible discreteness, conditions abounding use of metaphors, which creates the speech reproduced in a fictional text. To illustrate We‘ll keep them till they‘re ransomed to and circumstances of communication); ironical effect, e.g.: the latter point here is an extract from M. Twa- death; and a bothersome lot they‘ll be, too – eating up everything, and always  sociocultural level, maintaining com- ―In a matter of seconds by Shrewsbury in‘s novel in which Tom Sawyer and his friends trying to get loose‖ (Twain, 2012, p. municative interaction through social and clock, as Aunt Dahlia would have said, I are about to rob carriages on the road and keep 95). cultural parameters (status and positional could see that she was going to come out them till they are ransomed. The trouble is that with one of those schemes or plans of At the verbal-semiotic level communication roles of communicants, the context of the boys do not know the word ransom and try to hers that not only stagger humanity and noise is also caused by: culture and social sphere, their norms guess its meaning: turn the moon to blood but lead to some  redundant economy and excessiveness of and conventions). These levels are syner- ―Stuff! stealing cattle and such things unfortunate male – who on the present ain‘t robbery; it‘s burglary,‖ says Tom speech devices: gistically integrated and can not be sepa- occasion would, I strongly suspected, be Sawyer. ―We ain‘t burglars. That ain‘t no At last the detective came back on the rated, and they guarantee the interaction me – getting immersed in what Shake- sort of style. We are highwaymen. We line. ―There‘s a smell about the man, of all discourse components. Communi- speare calls a sea of troubles if it was stop stages and carriages on the road, but he‘s never been charged with any- cation noise can occur at any of the lev- Shakespeare‖ (Wodehouse, 2009, p. 35). with masks on, and kill the people and thing.‖ els. Excessive use of metaphors and associativi- take their watches and money.‖ ―What do you mean, „a smell‟?‖ At the verbal-semiotic level communication ty occur as a result of adding certain lexicodes to ―Must we always kill the people?‖ ―Well, he wanted to buy a hotel out noise is manifested by the certain phonetic-pro- the established code systems. Lexicodes are se- ―Oh, certainly. It‘s best. Some authorities Aberfoyle way, but the owner didn‘t sodic organization of a message (speech impe- mantic codes for the codes (Eco, 1998, p. 72). In think different, but mostly it‘s considered want to sell. Then things started hap- diment, speech difficulties, low voice, hesita- literary criticism, such a noise is defined as the best to kill them – except some that you pening‖ (Beaton, 2001, p. 80). tions, wrong or non-motivated logical stress), in- effect of ―alienation‖ used in theatre practice by bring to the cave here, and keep them till  the lack of antecedent of pronoun metaphor or congruence as a discrepancy of verbal and para- B. Brecht or ―defamiliarization‖ (also translated they‘re ransomed.‖ the lack of latent antecedent, which is present verbal means, etc. It is considered that communi- as ―estrangement‖) introduced into metalanguage “Ransomed? What‟s that?” only in the addresser‘s mind, but not of which cation noise can also be caused by speech faults, by the representatives of Russian formalism “I don‟t know. But that‟s what they do. the addressee is unaware: I‟ve seen it in books; and so of course however, it is worth mentioning that not all (Shklovsky, 1990). This effect is based on deau- ―She sat down on the edge of the bed that‟s what we‟ve got to do.” speech faults lead to communication noise: if the tomatization of perception and understanding of and Pruney sat next to her, twisting a “But how can we do it if we don‟t know addressee is capable of semantic-syntactic and familiar notions not within usual associations but handkerchief in her nervous fingers. what it is?” ―What is it?‖ asked Priscilla gently. situational prognostication, the noise is mini- as new things, never encountered before, and ―Why, blame it all, we‘ve got to do it. ―He loved me.‖ mized, since man‘s perception possesses a me- thus decoded with difficulty (Shklovsky, 1990, p. Don‘t I tell you it‘s in the books? Do you “Who?” chanism that can, on the one hand, segment the 6). This resulted in the conception of ―abstruse want to go to doing different from what‘s ―Captain Bartlett. He loved me,‖ said perceived speech and, on the other hand, can cor- language‖ as a language for impeded perception, in the books, and get things all muddled Pruney, striking her bosom‖ (Beaton, rect faults (―Speech Methods and Mistakes‖, e.g.: up?‖ 1987, p. 88). ―Oh, that‘s all very fine to say, Tom Saw- 1989, pp. 50-55). Noise effects produced by in- ―It was several weeks before Irie under-  abundant number of mentioned people with- stood that weathermen were the secular yer, but how in the nation are these fel- evitable speech mistakes are easily eliminated by out any specifications and chaotic speech antithesis of Hortense‘s life work, which lows going to be ransomed if we don‟t the context and the addressee‘s knowledge. structure: was, essentially, a kind of super cosmic know how to do it to them? – that‟s the At this discourse-level barriers are also ―They asked me if I had any family. I attempt to second-guess the Lord with thing I want to get at. Now, what do you caused by incWODEreased use of metaphors said I did. They asked me who my one almighty biblical exegesis of a reckon it is?” which creates excessive connotational colouring. family was. I said it was Father, but weather report‖ (Smith, 2001, p. 177). “Well, I don‟t know. But per‟aps if we In literary discourse, for instance, excessive use Mother was dead. And I said it was al- At this level communication noise also oc- keep them till they‟re ransomed, it of metaphors is a characterizing feature of P. Ya- so Uncle Terry, but he was in Sunder- curs if a participant or participants do not under- means that we keep them till they‟re land and he was Father‘s brother, and kobson ‘s prose. Describing events, as well as the dead.” stand the meaning of words: their attempts to it was my grandparents, too, but three protagonist‘s not entirely convincing reflections ―Now, that‘s something like. That‘ll an interpret the vague meaning result in changing

WISDOM 1(14), 2020 10 11 11 Natalia BIGUNOVA, Ganna OLIINYK, Olena SELIVANOVA

of them were dead and Grandma Bur- brandies and then leaned across the ton was in a home because she had se- table and gazed into her eyes‖. nile dementia and thought that I was ―What about it, Agatha?‖ someone on television‖ (Haddon, Agatha looked at him, puzzled. 2012, p. 11). “What about what?”  violation of the distribution of language units ―You and me making a night of it‖ and grammatical coherence, the fragmentary (Beaton, 2009, p. 108). character of speech:  speech paradox, based on the effect of expec- ―Martha never told me we had a guest. tation, resolved further in the text: Forgive me if I appeared inhospita- ―They haff arrested the husband.‖ ble... I--er... Oh, why doesn't somebody ―Paul Thomas? Why?‖ else say something‖ (Waugh, 2012, p. ―No‘ him. Her first husband.‖ 45). ―Her – ?‖  ellipsis, compensated by further clarifying of ―Aye, it turns out that lodger o‘ theirs, matters: John Parker, used tae be married to ―She said she was sorry for me and her‖ (Beaton, 2011, p. 59). brought me cakes and scones. But I  mismatching of the interlocutors‘ knowledge: knew what she wass after.‖ ―You must know something!‘ says ―That being?‖ prompted Hamish. Jemima. ‗You slept with him, for good- She nodded her head towards a Welsh ness sake! He must have some secret. dresser. ―That.‖ Some weak point.‘ ‗An Achilles' heel,‘ ―The dresser?‖ puts in Lissy, and Jemima gives her an ―That platter wi‘ the three women and odd look. „It doesn't have to be to do the man on it‖ (Beaton, 2011, p. 77). with his feet,‟ she says, and turns to At the second (cognitive-interpretational) me, pulling a 'Lissy's lost it' face‖ discourse level communication noise can be (Kinsella, 2003, p. 298).  caused by the lack of common for the speaker difficulties of decoding the implication: and the addressee thesaurus fragments, backgro- ―Sorry,‘ she said again, ‗but I don‘t want to think about wills. I don‘t want und and encyclopedia knowledge, which greatly to think about money and stuff. It just impedes communication. At this level communi- seems – kind of grotesque.‖ cation noise is caused by: ―Grotesque?‖Tamsin said.  alogisms as lack of logic or some special log- Amy picked the banana skin off the ra- ic, not clear to other people: diator and dropped it on the table. ―In the present instance, there is abso- She said, ‗Doesn‘t matter—‘ lutely nothing to say 'Sir?' about. The ―It does matter,‘ Chrissie said. ‗What plan I have put forward is entirely rea- do you mean, that hearing what‟s in sonable and icily logical, and should the will is grotesque?‖ excite no sirring whatsoever. Or don't ―Well,‘ Amy said, shuffling, ‗sort of you think so?‖ wrong, then.‖ ―Well, sir-‖ (Wodehouse, 2015, p. 77). „Wrong?‟ Tamsin said, with the same  hints: emphasis. ―When she had finished, John ordered ―Yes,‘ Amy said, ‗because it isn‘t just

WISDOM 1(14), 2020 12 12 Communication Noise as a Discourse Component

of them were dead and Grandma Bur- brandies and then leaned across the us. Is it?‖ (Trollope, 2010, p. 32). close scrutiny. Then he gave a sigh and ton was in a home because she had se- table and gazed into her eyes‖.  lack of interrelationship of the situations that shook his head. nile dementia and thought that I was ―What about it, Agatha?‖ each of the communicants perceives in their 'I can't understand it,' he said. someone on television‖ (Haddon, Agatha looked at him, puzzled. own way: ―What can't you understand, Spode old 2012, p. 11). “What about what?” ―But you were going to tell me why man or rather Lord Sidcup old man?‖  violation of the distribution of language units ―You and me making a night of it‖ you came here. Just for a chat about I asked in a kind voice, for I was only and grammatical coherence, the fragmentary (Beaton, 2009, p. 108). old times, was it?‖ too willing to help this new and im- character of speech:  speech paradox, based on the effect of expec- ―It's with ref to that book you pinched proved Spode solve any little problem ―Martha never told me we had a guest. tation, resolved further in the text: from the Junior Ganymede‖. that was puzzling him. Forgive me if I appeared inhospita- ―They haff arrested the husband.‖ “I wish you wouldn't use that word “How Madeline can contemplate marrying a man like you. She has ble... I--er... Oh, why doesn't somebody ―Paul Thomas? Why?‖ «pinch»,' he said, looking puff-faced. broken our engagement and says that's else say something‖ (Waugh, 2012, p. ―No‘ him. Her first husband.‖ It was plain that I had given offence. what she's going to do. She was quite 45). ―Her – ?‖ 'I simply borrowed it because I need- definite about it. «All is over», she  ellipsis, compensated by further clarifying of ―Aye, it turns out that lodger o‘ theirs, ed it in my business. They'll get it said. «Here is your ring», she said. «I matters: John Parker, used tae be married to back all right” (Wodehouse, 2004, p. shall marry Bertie Wooster and make ―She said she was sorry for me and her‖ (Beaton, 2011, p. 59). 56). him happy», she said. You can't want it brought me cakes and scones. But I  mismatching of the interlocutors‘ knowledge:  ciphered text which the addressee cannot de- plainer than that‖ (Wodehouse, 2004, knew what she wass after.‖ ―You must know something!‘ says cipher because he does not possess the key, as p. 77). ―That being?‖ prompted Hamish. Jemima. ‗You slept with him, for good- can be observed in C. Doyle‘s story ―The  the communicant‘s lack of interest in the She nodded her head towards a Welsh ness sake! He must have some secret. ―Gloria Scott‖ (the note, which can be deci- Some weak point.‘ ‗An Achilles' heel,‘ communicative act, being absorbed in his/her dresser. ―That.‖ phered if one read only every third word): puts in Lissy, and Jemima gives her an problems: ―The dresser?‖ ―The supply of game for London is go- odd look. „It doesn't have to be to do ―Don‘t go to the police.‖ ―That platter wi‘ the three women and ing steadily up,‘ it ran. ‗Head-keeper with his feet,‟ she says, and turns to ―We won‘t go to the police,‖ said Aga- the man on it‖ (Beaton, 2011, p. 77). Hudson, we believe, has been now told me, pulling a 'Lissy's lost it' face‖ tha. ―And there‘s no evidence. All the At the second (cognitive-interpretational) to receive all orders for fly-paper and (Kinsella, 2003, p. 298). evidence was burnt in the fire.‖ discourse level communication noise can be for preservation of your hen-  Mavis‘s eyes narrowed. ―So where the caused by the lack of common for the speaker difficulties of decoding the implication: pheasant‘s life‖ (Doyle, 2019, p. 301). ―Sorry,‘ she said again, ‗but I don‘t hell do you pair get off, tormenting and the addressee thesaurus fragments, backgro-  deception, or deceit, leading the addressee want to think about wills. I don‘t want me?‖ She stood up. ―Get out of und and encyclopedia knowledge, which greatly into error (made-up stories about non-existent to think about money and stuff. It just here!‖ (Beaton, 1999, p. 94). impedes communication. At this level communi- Bunbury in O.Wilde‘s play ―The Importance seems – kind of grotesque.‖  the speaker‘s unwillingness to continue cation noise is caused by: ―Grotesque?‖Tamsin said. of Being Earnest‖) (Wilde, 2002) and so on. communication with the addressee, caused by  alogisms as lack of logic or some special log- Amy picked the banana skin off the ra- At the third (interactive) level communication an insult or a violation of the speech etiquette, ic, not clear to other people: diator and dropped it on the table. noise is caused by: a particular emotional state of the communi- ―In the present instance, there is abso- She said, ‗Doesn‘t matter—‘  difference between communicative purposes cants, intimacy of the topic that has been lutely nothing to say 'Sir?' about. The ―It does matter,‘ Chrissie said. ‗What and strategies of the communicants, commu- touched upon, etc.: plan I have put forward is entirely rea- do you mean, that hearing what‟s in nicative pressure, the wish to lower ―the face ―And what about you, Agatha?‖ asked sonable and icily logical, and should the will is grotesque?‖ status‖ of the interlocutor: Olivia. ―Rose told us she remembered excite no sirring whatsoever. Or don't ―Well,‘ Amy said, shuffling, ‗sort of ―Can I have a word with you, reading about you. Your husband was you think so?‖ wrong, then.‖ Wooster?‖ murdered just as you were about to ―Well, sir-‖ (Wodehouse, 2015, p. 77). „Wrong?‟ Tamsin said, with the same ―Of course, of course. Have several.‖ marry James here. It‘s a wonder he‘s  hints: emphasis. He did not speak for a minute or so, forgiven you.‖ ―When she had finished, John ordered ―Yes,‘ Amy said, ‗because it isn‘t just filling in the time by subjecting me to a ―He hasn‘t and won‘t, ever,‖ said

WISDOM 1(14), 2020 12 13 13 Natalia BIGUNOVA, Ganna OLIINYK, Olena SELIVANOVA

Agatha, her eyes suddenly filling with communicants‘ speech; as well as irrelevance of tears. “Excuse me.” She rose to her circumstances and conditions of communication. feet and went to the toilet and leaned At the fifth (sociocultural) level communi- against the wash-hand basin‖ (Bea- cation noise is caused by ignoring social stand- ton, 1997, p. 40). ards, communicative conventions, and speech  the speaker‘s wish to avoid an undesirable etiquette (e.g., ignoring parents‘ or children‘s topic: status, which is culturally determined, rudeness, ―I've been looking for you,' shouted insults), non-differentiation of institutional / non- Adam. 'I want some money.‖ institutional, or formal/informal communication, 'Can't hear--what do you want?' ignoring cultural stereotypes, norms, conven- 'Money.' 'It's no good--these infernal things tions, and values of a culture or subculture (e.g., make too much noise. What's your communication with slang, jargon, or argot bear- name? Lottie had forgotten.' ers), ignorance of precedential phenomena, cul- 'Adam Symes.' turally marked symbolic and paraverbal signals “Can't hear" (Waugh, 2012, p. 113). (e.g., the use of unacceptable for certain culture  the use of implicit speech acts, hints, with the gestures, violating the distance between the addressee‘s inability to identify the speaker‘s communicants in intercultural communication, illocution: etc.). ―I am going everywhere that Wilbert Communication noise and its origin in in- Cream goes, and one speculates with tercultural communication were first investigated some interest as to what the upshot will by R. Yakobson (1975) in his article ―Linguistics be. He resents my constant presence.' and the theory of interrelation‖. Communication 'Has he said so?' noise is said to be caused by lacune character of 'Not yet. But he gives me nasty looks.' the interrelation between a particular linguocul- 'That's all right. He can't intimidate me.' tural community with another one (Sorokin & I saw that she was missing the gist. Markovina, 1983; ―Ethnic-psycholinguistics‖, 'Yes, but don't you see the peril that 1988, p. 234). The intermediary of interlingual looms?' communication is translation as interpretation- 'I thought you said it lurked.' based discourse, causing the collision of NOT 'And looms. What I'm driving at is that ONLY two verbal codes, but also the codes of if I persist in this porous plastering, a paraverbal level, as well as of culture and ontol- time must inevitably come when, feel- ogy (Selivanova, 2000, pp. 51-55). ing that actions speak louder than The translator‘s inaptitude to compensate words, he will haul off and bop me for the difference of the codes causes communi- one‖ (Wodehouse, 2009, p. 29). cation failure and communicative conflict. In At the fourth (ontological) level communi- order to avoid communication noise researchers cation noise is caused by the intervention of oth- recommend to use H.P. Grice‘s maxims. For in- er people creating a new discourse and putting an stance, M. Clyne (1994) has come up with his end to the conversation with the previous inter- own correction of H.P. Grice‘s maxims under the locutor; irrelevant for the topic of the communi- norms of intercultural communication. The Gri- cation deviations impeding the perception of

WISDOM 1(14), 2020 14 14 Communication Noise as a Discourse Component

Agatha, her eyes suddenly filling with communicants‘ speech; as well as irrelevance of cean maxim of Quantity: ―Make yourself as in- chronic and polychromic cultures, categorization tears. “Excuse me.” She rose to her circumstances and conditions of communication. formative as is required. Do not make your con- of possessiveness in European languages and feet and went to the toilet and leaned At the fifth (sociocultural) level communi- tribution more informative than is required‖5 Melanesia; the classifiers of an Australian abo- against the wash-hand basin‖ (Bea- cation noise is caused by ignoring social stand- (Grice, 1991) reads as follows in Clyne‘s (1994) riginal tribe, analyzed by G. Lakoff (1987). ton, 1997, p. 40). ards, communicative conventions, and speech revision: ―Make your contribution as informative Through translation, experience specifica-  the speaker‘s wish to avoid an undesirable etiquette (e.g., ignoring parents‘ or children‘s for the purpose of the discourse, within the tion reflected in a language encounters generali- topic: status, which is culturally determined, rudeness, bounds of the discourse parameters of the given zation in another language. Noise effects are also ―I've been looking for you,' shouted insults), non-differentiation of institutional / non- culture parameters (e.g. form/content, oral/lite- determined by the differences in the conceptual- Adam. 'I want some money.‖ institutional, or formal/informal communication, rate, rhythm, directionality, concreteness/ab- ization of things and phenomena reflected in the 'Can't hear--what do you want?' ignoring cultural stereotypes, norms, conven- stractness)‖. The maxim of Quality: ―Do not say verbal code (e.g., about 5000 names of camel, 'Money.' 'It's no good--these infernal things tions, and values of a culture or subculture (e.g., what you believe to be false. Do not say that for parts or its body and equipment in the Arabic make too much noise. What's your communication with slang, jargon, or argot bear- which you lack adequate evidence‖ sounds in language, more than a hundred names of snow in name? Lottie had forgotten.' ers), ignorance of precedential phenomena, cul- Clyne‘s revision: ―Do not say what you believe the languages of northern peoples). 'Adam Symes.' turally marked symbolic and paraverbal signals to be in opposition to your cultural norms of At the sociocultural level of intercultural “Can't hear" (Waugh, 2012, p. 113). (e.g., the use of unacceptable for certain culture truth, harmony, charity and/or respect‖. The communication, noise is caused by the speaker‘s  the use of implicit speech acts, hints, with the gestures, violating the distance between the Maxim of Manner ―Avoid obscurity of expres- lack of knowledge norms, regulations, and val- addressee‘s inability to identify the speaker‘s communicants in intercultural communication, sion‖ sounds in Clyne‘s revision: ―Do not make ues of a foreign culture, its myths, stereotypes, illocution: etc.). it any more difficult to understand than maybe symbols, precedential phenomena, etc. Commu- ―I am going everywhere that Wilbert Communication noise and its origin in in- dedicated by the question of face and authority‖ nication noise is eliminated by the translator em- Cream goes, and one speculates with tercultural communication were first investigated The submaxim ―Avoid ambiguity‖ is reformu- ploying commentary and footnotes. To illustrate, some interest as to what the upshot will by R. Yakobson (1975) in his article ―Linguistics lated to: ―Make clear your communicative intent in one of F. G. Lorca‘s lectures communication be. He resents my constant presence.' and the theory of interrelation‖. Communication unless this is against the interests of politeness or noise is removed in the following fragment: ―Let 'Has he said so?' noise is said to be caused by lacune character of of maintaining a dignity-driven cultural core val- us also walk blindfold, leaving our eyes on the 'Not yet. But he gives me nasty looks.' the interrelation between a particular linguocul- ue, such as harmony, charity or respect‖. The icy platter, so that St. Lucia wouldn‘t plume her- 'That's all right. He can't intimidate me.' tural community with another one (Sorokin & submaxim ―Be brief ― is revised to: ―Make your self anymore‖. The communication noise is eli- I saw that she was missing the gist. Markovina, 1983; ―Ethnic-psycholinguistics‖, contribution the appropriate length required by minated by a commentary: ―According to a leg- 'Yes, but don't you see the peril that 1988, p. 234). The intermediary of interlingual the nature and purpose of the exchange and the end, St. Lucia struck herself blind not to attract looms?' communication is translation as interpretation- discourse parameters of your culture‖. The sub- admirers; she is usually depicted with a tray 'I thought you said it lurked.' based discourse, causing the collision of NOT maxim ―Be orderly‖ is revised to: ―Structure holding her eyes‖. Sometimes a misunderstand- 'And looms. What I'm driving at is that ONLY two verbal codes, but also the codes of your discourse according to the requirements of ing of foreign realia is removed by their substitu- if I persist in this porous plastering, a paraverbal level, as well as of culture and ontol- your culture‖ (Clyne, 1994). tion (Ukrainians call the Granada melody vil- time must inevitably come when, feel- ogy (Selivanova, 2000, pp. 51-55). At the cognitive-interpretational level com- lancico a Christmas carol; for Mexican Indians ing that actions speak louder than The translator‘s inaptitude to compensate munication noise in intercultural interaction is who have never seen the sea, a fragment from words, he will haul off and bop me for the difference of the codes causes communi- caused by the discrepancy of the principles of the Bible about a trip overseas is translated as a one‖ (Wodehouse, 2009, p. 29). cation failure and communicative conflict. In reality categorization and that of inner reflexive trip beyond the swamp). At the fourth (ontological) level communi- order to avoid communication noise researchers experience in the ethnical conscience of two Mismatching of cultural-ontological spheres cation noise is caused by the intervention of oth- recommend to use H.P. Grice‘s maxims. For in- peoples (e.g., the perception of time in mono- can utterly rebuild verbal coding in intercultural er people creating a new discourse and putting an stance, M. Clyne (1994) has come up with his communication. Here is an example of such re- end to the conversation with the previous inter- 5 own correction of H.P. Grice‘s maxims under the See: Grice‘s Conversational Maxims applied to Chat- coding reported by K. Kluckhohn (1949): when locutor; irrelevant for the topic of the communi- bot... https://medium.com/swlh/grices-conversatio- norms of intercultural communication. The Gri- nal-maxims-applied-to-chatbot-conversational-ux- a Japanese was asked to translate a phrase from cation deviations impeding the perception of design-e8c4ba670c41.

WISDOM 1(14), 2020 14 15 15 Natalia BIGUNOVA, Ganna OLIINYK, Olena SELIVANOVA

The Constitution of The United States ―Life, Methodius in Trnava, IV(1), 2-46. Liberty and the pursuit of Happiness‖, he trans- Clyne, М. (1994). Intercultural Communication lated it as ―permission to indulge in lust‖. at Work: Cultural Values in Discourse. The investigation of communicative noise Cambridge: CUP. at various levels of monocultural and intercultur- Doyle, A. C. (2019). The Complete Sherlock al communication, as well as the ways to avoid it Holmes. London: Chartwell Books. results in working out recommendations for ef- Eco, U. (1989). The Open Work. Massachusetts: fective and optimal communicative interaction, Harvard University Press. harmonious relationship of communicants, their Eco, U. (1998). Otsutstvuyusհchaya struktura. mutual understanding and cooperation. The Vvedenie v semiologiyu (Absent Struc- raised issues offer prospects for further research, ture, Introduction to Semiology, in such as investigating of noise effects in real com- Russian). Moscow: Petropolis. munication, identifying a set of causes leading to Etnopsiholingvistika (Ethnic-Psycholinguistics, communication noise, as well as noise-resistant in Russian). (1988). Moscow: Nauka. factors, preventing or removing it. Fillmore, C. (1982). Frame Semantics. Linguis- tics in the Morning Calm, 111-137. REFERENCES Frumkina, R. M. (1995). Pragmatika: novyii vzglyad (Pragmatics: A New Over- Beaton, M. C. (1987). Death of a Cad. London: look, in Russian). Semiotics and In- St. Martin‘s Press. formatics, 34, 98-113. Beaton, M. C. (1997). Agatha Raisin and the Frumkina, R. M. (2003). Psikholingvistika (Psy- Terrible Tourist. London: St. Martin‘s cholinguistics, in Russian). Moscow: Press. Akademiya. Beaton, M. C. (1999). Agatha Raisin and the Goldiamond, I., & Hawkins, W. F. (1958). Vexi- Wizard of Evesham. London: St. Mar- erversuch: The Log Relationship be- tin‘s Press. tween Word-Frequency and Recogni- Beaton, M. C. (2001). Death of a Dustman. Lon- tion Obtained in the Absence of Stimu- don: Mysterious Press. lus Words. Journal of Experimental Beaton, M. C. (2009). Agatha Raisin and the Psychology, 56(6), 457-463. Day the Floods Came. London: C & R Grice, H. P. (1991). Logic and Conversation. In Crime. H. P. Grice (Ed.), Studies in the Way of Beaton, M. C. (2011). Death of a Perfect Wife. Words (pp. 22-40). New York: Aca- London: C & R Crime. demic Press. Bigunova, N. (2019, June). Cognitive Pragmatic Haddon, M. (2012). The Curious Incident of the Regularities in Communicative Mani- Dog in the Night-time. London: Vin- festation of Positive Evaluation. Lege tage Digital. Artis. Language Yesterday, Today, To- Hobbes, T. (1994). Leviathan. Indianapolis & morrow. The journal of University of Cambridge: Hackett Publishing Com- SS Cyril and Methodius in Trnava. pany. Trnava: University of SS Cyril and Kinsella, S. (2003). Can You Keep a Secret?

WISDOM 1(14), 2020 16 16 Communication Noise as a Discourse Component

The Constitution of The United States ―Life, Methodius in Trnava, IV(1), 2-46. London: Black Swan. Rothwell, D. J. (2004). In the Company of Oth- Liberty and the pursuit of Happiness‖, he trans- Clyne, М. (1994). Intercultural Communication Kluckhohn, C. (1949). Mirror for Man. New ers: An Introduction to Communica- lated it as ―permission to indulge in lust‖. at Work: Cultural Values in Discourse. York: Fawcett. tion. New York: McGraw Hill. The investigation of communicative noise Cambridge: CUP. Lakoff, G. (1987). Women, Fire and Dangerous Selivanova, O. O. (2010). Linhvistychna entsyk- at various levels of monocultural and intercultur- Doyle, A. C. (2019). The Complete Sherlock Things. Chicago: The University of lopediia (Linguistic Encyclopedia, in al communication, as well as the ways to avoid it Holmes. London: Chartwell Books. Chicago Press. Ukrainian). Poltava: Dovkillia-K. results in working out recommendations for ef- Eco, U. (1989). The Open Work. Massachusetts: Leech, G. (1981). Semantics. London: Penguin Selivanova, Y. A. (2000). Lingvokulturnyi aspekt fective and optimal communicative interaction, Harvard University Press. Books. kommunikativnogo shuma (Linguocul- harmonious relationship of communicants, their Eco, U. (1998). Otsutstvuyusհchaya struktura. Leibniz, G. (1989). Philosophical Essays (R. Ar- tural Aspect of Communication Noise, mutual understanding and cooperation. The Vvedenie v semiologiyu (Absent Struc- iew & D. Garber, Eds. & Trans.) Indi- in Russian). International Scientific raised issues offer prospects for further research, ture, Introduction to Semiology, in anapolis & Cambridge: Hackett Pub- Conference LINGVAPAX 8. Kiev: such as investigating of noise effects in real com- Russian). Moscow: Petropolis. lishing Company. UNESCO, KSLU, 3, 51-56. munication, identifying a set of causes leading to Etnopsiholingvistika (Ethnic-Psycholinguistics, Leontev, A. A. (1999). Osnovy psikholingvistiki Shannon, C. E., & Weaver, W. (1949). The Ma- communication noise, as well as noise-resistant in Russian). (1988). Moscow: Nauka. (The Basis for Psycholinguistics, in thematical Theory of Communication. factors, preventing or removing it. Fillmore, C. (1982). Frame Semantics. Linguis- Russian). Moscow: Smysl. Urbana, IL: University of Illinois tics in the Morning Calm, 111-137. Makarov, M. L. (2003). Osnovyi teorii diskursa Press. REFERENCES Frumkina, R. M. (1995). Pragmatika: novyii (The Basis for Discourse Studies, in Shklovsky, V. (1990). Theory of Prose. (B. Sher, vzglyad (Pragmatics: A New Over- Russian). Moscow: Gnozis. Trans). McLean, IL : Archive Press. Beaton, M. C. (1987). Death of a Cad. London: look, in Russian). Semiotics and In- Martin, R. C., & Freedman, M. L. (2001). Smith, Z. (2001). White Teeth. London: Penguin. St. Martin‘s Press. formatics, 34, 98-113. Short-Term Retention of Lexical-Se- Sorokin, Yu. A., & Markovina, I. Yu. (1983). Beaton, M. C. (1997). Agatha Raisin and the Frumkina, R. M. (2003). Psikholingvistika (Psy- mantic Representations: Implications Opyt sistematizatsii lingvisticheski i Terrible Tourist. London: St. Martin‘s cholinguistics, in Russian). Moscow: for Speech Production. Memory, kul‘turologicheski lakun (Experience Press. Akademiya. 9(4/5/6), 261-280. of Systematization of Linguistic and Beaton, M. C. (1999). Agatha Raisin and the Goldiamond, I., & Hawkins, W. F. (1958). Vexi- Oliinyk, G. O. (2019). Verbalni ta neverbalni Culturological Lacunes, in Russian). In Wizard of Evesham. London: St. Mar- erversuch: The Log Relationship be- zasoby vyrazhennia nerozuminnia v Lexical Units and Organization of Text tin‘s Press. tween Word-Frequency and Recogni- suchasnomu anhlomovnomu literatur- Structure (pp. 215-257). Kalinin: Kali- Beaton, M. C. (2001). Death of a Dustman. Lon- tion Obtained in the Absence of Stimu- nomu ta kinodyskursi: kohnityvno- nin State University. don: Mysterious Press. lus Words. Journal of Experimental prahmatychne doslidzhennia (Verbal Susov, I. P. (1988). Deyatelnost, soznanie, dis- Beaton, M. C. (2009). Agatha Raisin and the Psychology, 56(6), 457-463. and Nonverbal Communicative Means kurs i yazykovaya skhema (Activity, Day the Floods Came. London: C & R Grice, H. P. (1991). Logic and Conversation. In of Expressing Misunderstanding in Conscience, Discourse, and Language Crime. H. P. Grice (Ed.), Studies in the Way of Modern English Literary and Film Dis- Scheme, in Russian). In Speech Com- Beaton, M. C. (2011). Death of a Perfect Wife. Words (pp. 22-40). New York: Aca- course: Pragmatic Cognitive Research, munication: Processes and Units (pp. London: C & R Crime. demic Press. in Ukrainian). (PhD thesis). Odessa: 7-13). Kalinin: Kalinin State Universi- Bigunova, N. (2019, June). Cognitive Pragmatic Haddon, M. (2012). The Curious Incident of the Odesa I.I. Mechnikov National Uni- ty. Regularities in Communicative Mani- Dog in the Night-time. London: Vin- versity. Tarasova, E. V. (2000). Rechevaya sistemnost‘ v festation of Positive Evaluation. Lege tage Digital. Rechevyie priemyi i oshibki: Tipologiya, deri- terminakh (Speech Systematization in Artis. Language Yesterday, Today, To- Hobbes, T. (1994). Leviathan. Indianapolis & vatsiya, funktsionirovanie (1989). Terms, in Russian). The Journal of V. morrow. The journal of University of Cambridge: Hackett Publishing Com- (Speech Methods and Mistakes: Ty- N. Karazin Kharkiv National Univer- SS Cyril and Methodius in Trnava. pany. pology, Derivation, Functioning, in sity, 471, 276-283. Trnava: University of SS Cyril and Kinsella, S. (2003). Can You Keep a Secret? Russian). Moscow: Prosveshchenie. Trollope, J. (2010). The Other Family. New

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York: Transworld Digital. Wodehouse, P. G. (2004). Much Obliged, Jeev- Twain, M. (2012). The Adventures of Tom Saw- es. New York: Everyman. yer. London: Vintage Digital. Wodehouse, P. G. (2009). Jeeves in the Offing. Uhtomskiy, A. A. (1950). Sobranie sochineniy New York: Cornerstone Digital. (Complete Works, in Russian). Lenin- Wodehouse, P. G. (2015). Right Ho, Jeeves. grad: Leningrad state university. London: Otbebook publishing. Waugh, E. (2012). Vile Bodies. New York: Ha- Yakobson, R. (1975). Lingvistika i poetika (Lin- chette. guistics and Poetics, in Russian). Wilde, O. (2002). The Importance of Being Ear- Structuralism: ―for‖ and ―against‖: a nest. London: Penguin Books. collection of articles, 193-230.

WISDOM 1(14), 2020 18 18 Anahit HAKOBYAN

York: Transworld Digital. Wodehouse, P. G. (2004). Much Obliged, Jeev- DOI: 10.24234/wisdom.v14i1.312 Twain, M. (2012). The Adventures of Tom Saw- es. New York: Everyman. Anahit HAKOBYAN yer. London: Vintage Digital. Wodehouse, P. G. (2009). Jeeves in the Offing. Uhtomskiy, A. A. (1950). Sobranie sochineniy New York: Cornerstone Digital. DIGITALIZATION OF COMMUNICATION AND THE SPIRAL (Complete Works, in Russian). Lenin- Wodehouse, P. G. (2015). Right Ho, Jeeves. OF SILENCE THEORY grad: Leningrad state university. London: Otbebook publishing. Waugh, E. (2012). Vile Bodies. New York: Ha- Yakobson, R. (1975). Lingvistika i poetika (Lin- Abstract chette. guistics and Poetics, in Russian). Wilde, O. (2002). The Importance of Being Ear- Structuralism: ―for‖ and ―against‖: a This article discusses the issue of the influence of digital technologies on manifestations and trans- nest. London: Penguin Books. collection of articles, 193-230. formation of the spiral of silence phenomenon. An analysis is given on the role of the Internet as a public sphere, and the results of recent researches on the spiral of silence manifestations on online-based platforms are discussed. The author comes to the conclusion that manifestations of the spiral of silence are crucial in the process of the development of the Internet as a public sphere, and, communicative, technological and social-psychological factors, discussed in this paper, will determine whether and how online- based platforms will enhance democracy.

Keywords: spiral of silence, digital communication, media, Internet, social media, information, public sphere.

Introduction fundamental for Noelle-Neumann in developing one of the key concepts of her theory - the irra- The spiral of silence theory is one of the tional fear of isolation. The significance of her most remarkable approaches regarding public theory is that besides combining these approach- opinion and its role in society. It was developed es, she provided them with empirical base due to in the 1970s by German political scientist and numerous researches through years. sociologist Elizabeth Noelle-Neumann. The the- The spiral of silence theory has faced many ory is based on the irrational approach towards challenges, the most important of which was the public opinion, which is perceived to control the rise of online public space as one of the main members of society and keeps its integrity by platforms of opinion expression. Many studies defining what is moral or immoral, good or bad, have been conducted in recent years to reveal right or wrong. Noelle-Neumann develops the whether the theory works on digital platforms. key concepts of her theory based on previous However, the results are contradictory and sug- philosophical approaches of public opinion. In gest a mixed picture. On the one hand, digitaliza- particular, she highlights Russo‘s view, who tion of communication enhanced information considers public opinion as an unwritten law and and opinion sharing opportunities and provided a discusses its power from a moral point of view, space for open and horizontal communication. instead of intellectual. The views of John Locke, On the other hand, the architecture of these pri- James Madison and David Hume regarding the vately owned spaces shaped new rules, different relationship of individual and society were also from face to face communication. Thus, not all

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researchers today share the early optimistic view social control through the irrational fear of being regarding the Internet as a public sphere, which isolated. was expected to increase the user‘s willingness Noelle-Neumann (1996) defines public opi- to express an opinion, boost rational debates and nion as a morally shaped opinion and behaviour, enhance democracy. which is necessary to show off around people without being afraid of isolation (p. 282). It is Public Opinion according to the Spiral based on the non-conscious intention of people, of Silence Theory living in a certain community, to gain agreement necessary for decision making and taking action Elizabeth Noelle-Neumann articulated her in certain circumstances. The author analyzes theory as an attempt to explain the willingness to public opinion as a social-psychological process express an opinion based on a few social and of social control, which is rooted in an individu- psychological approaches interpreting group al‘s fear of being isolated. Public opinion is the thinking and behaviour (Athanesyan & Ter-Ha- society‘s ―social skin‖ maintaining its integrity rutyunyan, 2017, pp. 79-84). According to No- and vitality. Despite driving people to conformi- elle-Neumann (1996), the guiding mechanism ty and restricting their freedom, public opinion is leading [to] opinion expression in public is the still necessary for them and society in general. irrational feeling of being isolated (p. 40). If Another basic premise of Noelle-Neu- people consider their opinion as dominant or mann‘s (1996) theory is that people are rather likely to become such, they tend to express it perceptible towards public opinion climate and publicly. If they decide that opinion is on the mi- have a certain notion about it by scanning their nority side or is likely to become such, they tend environment despite any statistical data available to show conformity and choose to remain silent (p. 47). Therefore, the so-called ―quasistatistical (Liu & Fahm, 2011, pp. 46-47). ability to evaluate public opinion climate‖ does Noelle-Neumann contradicts her theory to not mean that people are able to feel it accurate- those approaches, which explain human behav- ly. Noelle-Neumann considers isolation from iour and public opinion from the point of view of dissent groups as the main factor weakening that rationalism and which dominated among aca- ability and causing a phenomenon she calls demics through the 19th and 20th centuries. These ―pluralistic ignorance‖. The less opinion congru- approaches identified public opinion with ration- ency between representatives from opposite ality, which they assumed as a process of know- poles, the stronger polarization is (Noelle-Neu- ledge gaining through intelligence and forming mann, 1996, pp. 222-240). logical judgments based on it (Childs, 1965; In the process of environmental monitoring, Sauerwein, Dafoe, Stern-Rubarth., Haswell Lutz, people‘s evaluation of public opinion climate is Dwight Lasswell, & Wright, 1933; Speier, 1950; shaped through direct and indirect channels. Di- Young, 1923). Noelle-Neumann states that such rect channels include face to face discussions, an approach shows only the hidden function of communication during protests and other actions. public opinion - opinion formation under democ- The main indirect channel is the media, which racy. Whereas public opinion also has a latent presents opinion polls results, polls conducted on function, neglected by rationalist approaches – the streets, general sentiment of news, etc. (Kim,

WISDOM 1(14), 2020 20 20 Digitalization of Communication and the Spiral of Silence Theory

researchers today share the early optimistic view social control through the irrational fear of being 2017, p. 3). Noelle-Neumann stresses the im- differ among societies. In the USA a man ex- regarding the Internet as a public sphere, which isolated. portance of media information, which often be- pressing his own opinion is perceived as compe- was expected to increase the user‘s willingness Noelle-Neumann (1996) defines public opi- comes the only available reality for people. The tent, friendly and intelligent. Whereas in collec- to express an opinion, boost rational debates and nion as a morally shaped opinion and behaviour, media sets issues and structures them, thus set- tivist societies expressing opinion may be con- enhance democracy. which is necessary to show off around people ting agenda. It also assures an individual‘s selec- sidered as impolite. A research conducted in Sin- without being afraid of isolation (p. 282). It is tive perception and protects from cognitive dis- gapore did not reveal any correlation between an Public Opinion according to the Spiral based on the non-conscious intention of people, sonance (Noelle-Neumann, 1996, pp. 237-240). individual‘s free or community-oriented self- of Silence Theory living in a certain community, to gain agreement Stereotypes play a significant role in this process concept and his or her willingness to speak out necessary for decision making and taking action triggering conformity and making the discussed (Willnat, Lee, & Detenber, 2002). Such a mixed Elizabeth Noelle-Neumann articulated her in certain circumstances. The author analyzes topic clearer. Besides discussion topics, the me- picture proves that intercultural research on the theory as an attempt to explain the willingness to public opinion as a social-psychological process dia also provides people with the necessary vo- spiral of silence theory is still needed. express an opinion based on a few social and of social control, which is rooted in an individu- cabulary for expressing their opinion. psychological approaches interpreting group al‘s fear of being isolated. Public opinion is the The spiral of silence theory raised many The Main Features of thinking and behaviour (Athanesyan & Ter-Ha- society‘s ―social skin‖ maintaining its integrity discussions among academics and drove resear- Digital Platforms rutyunyan, 2017, pp. 79-84). According to No- and vitality. Despite driving people to conformi- chers from various disciplines to test its main elle-Neumann (1996), the guiding mechanism ty and restricting their freedom, public opinion is hypotheses. The meta-analyses conducted in In the 1990s as a result of the rise of digital leading [to] opinion expression in public is the still necessary for them and society in general. 1997 demonstrated that perceptions of public technologies and the World Wide Web the spiral irrational feeling of being isolated (p. 40). If Another basic premise of Noelle-Neu- opinion climate have a little, but statistically sig- of silence theory received a renewed attention, people consider their opinion as dominant or mann‘s (1996) theory is that people are rather nificant impact on the willingness to express an raising new questions: will the spiralling process likely to become such, they tend to express it perceptible towards public opinion climate and opinion (Glynn, Hayes, & Shanahan, 1997). The continue in the computer-mediated environment publicly. If they decide that opinion is on the mi- have a certain notion about it by scanning their authors explain the mixed results by the method- and, if it does, how? To answer these questions nority side or is likely to become such, they tend environment despite any statistical data available ological issues the theory faced since Noelle- first, we need to analyze the Internet as a public to show conformity and choose to remain silent (p. 47). Therefore, the so-called ―quasistatistical Neumann has started its testing. They assume space. According to Manuale Casstels (2001), (Liu & Fahm, 2011, pp. 46-47). ability to evaluate public opinion climate‖ does that the results might differ if the researchers had the main features of the web are its openness and Noelle-Neumann contradicts her theory to not mean that people are able to feel it accurate- observed people‘s actual behaviour instead of horizontal and free communication (pp. 54-55). those approaches, which explain human behav- ly. Noelle-Neumann considers isolation from asking how they would behave in a hypothetic These characteristics brought to democratization iour and public opinion from the point of view of dissent groups as the main factor weakening that situation. New meta-analyses conducted in 2017 and globalization of public space and public rationalism and which dominated among aca- ability and causing a phenomenon she calls included the application of the theory on the web opinion, thus bringing public discourse to a demics through the 19th and 20th centuries. These ―pluralistic ignorance‖. The less opinion congru- (Matthes, Knoll, & von Sikorski, 2018). It states transnational level (Iosifidis & Wheeler, p. 21). approaches identified public opinion with ration- ency between representatives from opposite a positive correlation between perceived opinion In parallel, the researchers got the opportunity to ality, which they assumed as a process of know- poles, the stronger polarization is (Noelle-Neu- climate and the willingness to express an opin- study the spiral of silence phenomenon in behav- ledge gaining through intelligence and forming mann, 1996, pp. 222-240). ion, moreover, the spiralling process in digital ioural level instead of using hypothetic situations logical judgments based on it (Childs, 1965; In the process of environmental monitoring, platforms does not decrease. It is notable that the they used to suggest before. Sauerwein, Dafoe, Stern-Rubarth., Haswell Lutz, people‘s evaluation of public opinion climate is research results were the same in Europe, USA Despite early expectations that enhanced Dwight Lasswell, & Wright, 1933; Speier, 1950; shaped through direct and indirect channels. Di- and Asia, which demonstrates that the spiral of technological and communicational opportuni- Young, 1923). Noelle-Neumann states that such rect channels include face to face discussions, silence works both in individualist and collectiv- ties will make the Internet one abstract place or a an approach shows only the hidden function of communication during protests and other actions. ist societies. It is worth to mention that not all global village, where people will be involved in public opinion - opinion formation under democ- The main indirect channel is the media, which surveys confirm the absence of cultural differ- public discussions, researchers still don‘t have a racy. Whereas public opinion also has a latent presents opinion polls results, polls conducted on ences. Some authors, however, claim that atti- clear answer whether the Internet is a public function, neglected by rationalist approaches – the streets, general sentiment of news, etc. (Kim, tudes towards the willingness to express opinion space or a public sphere. According to the con-

WISDOM 1(14), 2020 20 21 21 Anahit HAKOBYAN

cept‘s author, Jurgen Habermas, the public ―fashionable‖ opinions and tastes (Rasmussen, sphere is an abstract mediation between the state 2014, pp. 1322). However, it is worth to mention and society, a discursive arena where individuals that digital technologies took rise under capital- engaged in rational discussion, deliberation, ism, which drove to their inevitable commercial- agreement and action in order to attain a demo- ization. Like television, online-based platforms cratic consensus and, ultimately, to achieve a became overloaded with advertising, which common good, in an egalitarian and pluralistic brought their commercial functions to the first environment (Malaspina, 2014, pp. 29-32). The plan. At this rate, free platforms with modest re- development of the World Wide Web since its sources for promotion are put in a less beneficial invention has demonstrated that the processes condition. occurring in online-based spaces do not much the Johanna van Dijk also states that commer- mentioned Habermasian definition of the public cialization of online-based platforms affects the sphere. quality of online social interactions. Social media On the web, people‘s involvement in public blurred barriers between private, corporate and discussions has been rapidly growing, but not public spaces and determines the nature of social everyone and not equally got access to them. The actions (van Dijck, 2013, pp. 18-23). The author equality may be injured by technological or net- uses the term ―culture of connectivity‖ to define work limitations and low level of media literacy. these processes. The cultural experience in social Even in the case of equal technology, those with media is shaped by algorithms, protocols and a low level of income and education use the web defaults. As a result, sociality is being modified for different purposes than those with higher in- by coded structures and digital architecture. Us- come and education level (Lupton, 2015, p. 124). ers realize that their data can be used for com- For the latter digital technologies serve as a mercial purposes, and still they continue active, means to improve their own cultural, economic communicative practices, as social media pro- and educational level, whereas those with low vides them with the best platform for the Cas- income and educational level tend to use the web tellsian mass self-communication. The hierarchic mainly for social interactions and virtual games and competitive structure of social media also (van Deursen & van Dijk, 2014, pp. 510-511). triggers the users to seek for more popularity and Yochai Benkler has made an attempt to in- to be more active. In today‘s attention economy, tegrate Habermas‘s approach with network theo- social media produces such key values as atten- ry. He considers the networked structure of the tion and reputation. Facebook‘s business model web and its topology as key factors affecting the is based on these values, and the user‘s will to spread of information online. It enables enough share data. In this regard, critics of social media saturation for the links and prevents fragmenta- warn about risks regarding privatization of web tion or information flow control by one of the spaces by corporations. Van Dijk (2013) notes network nodes. In the 1990s due to the develop- that in the modern online environment only Wik- ment of information economy, new websites and ipedia, not being co-opted by big business, re- blogs were developed, which were free from ad- mains as ―an uncomfortable reminder of what vertising and sponsorship and published news in the Web could have been‖ (p. 16). non-traditional journalistic approach, free from Christian Fuchs (2014) highlights three

WISDOM 1(14), 2020 22 22 Digitalization of Communication and the Spiral of Silence Theory

cept‘s author, Jurgen Habermas, the public ―fashionable‖ opinions and tastes (Rasmussen, main social media antagonisms which hinder the complicated considering the volume and speed sphere is an abstract mediation between the state 2014, pp. 1322). However, it is worth to mention formation of a democratic public sphere in these of its spread. If in the case of television, the and society, a discursive arena where individuals that digital technologies took rise under capital- platforms (p. 78): source of manipulative information is the media engaged in rational discussion, deliberation, ism, which drove to their inevitable commercial-  Economic - Users‘ interest in data protec- itself, on social networking platforms, the users agreement and action in order to attain a demo- ization. Like television, online-based platforms tion and corporate tax accountability on the also become one of its spreading sources. Recent cratic consensus and, ultimately, to achieve a became overloaded with advertising, which one side and corporate tax accountability on research on Twitter has revealed that fake news common good, in an egalitarian and pluralistic brought their commercial functions to the first the one side, and corporations‘ interest in stories are 70% more likely to be retweeted than environment (Malaspina, 2014, pp. 29-32). The plan. At this rate, free platforms with modest re- user data‘s transparency/commodification truthful ones (Vosoughi, Roy, & Aral, 2018). It development of the World Wide Web since its sources for promotion are put in a less beneficial and corporate secrecy on the other side. is worth to mention that the potential of online- invention has demonstrated that the processes condition.  Political - Citizens‘ interest to hold the po- based platforms to shape the public sphere de- occurring in online-based spaces do not much the Johanna van Dijk also states that commer- werful accountable and protect commu- pends not only on technology but also on socie- mentioned Habermasian definition of the public cialization of online-based platforms affects the nications from powerful institutions‘ access ty‘s political culture (McChesney, 1995, pp. 105- sphere. quality of online social interactions. Social media on the one side, and on the other side power 106). Castells states that under political legacy On the web, people‘s involvement in public blurred barriers between private, corporate and holders‘ interest to keep power structures crisis, the web cannot be a solution itself for it. discussions has been rapidly growing, but not public spaces and determines the nature of social secret and to criminalize the leaking and Despite open, free and horizontal communica- everyone and not equally got access to them. The actions (van Dijck, 2013, pp. 18-23). The author making-public of any data about them. tion, barriers between gossips, fake and valuable equality may be injured by technological or net- uses the term ―culture of connectivity‖ to define  Civil society - Networked protest commu- political information get more and more blurred. work limitations and low level of media literacy. these processes. The cultural experience in social nication that creates public political spheres As a result, it gets more difficult for politicians to Even in the case of equal technology, those with media is shaped by algorithms, protocols and online and offline, and the particularistic rely on informational tools (Castells, 2001, pp. a low level of income and education use the web defaults. As a result, sociality is being modified corporate and state control of social media 155-158). for different purposes than those with higher in- by coded structures and digital architecture. Us- that limits feudalizes and colonizes these At the rise of World Wide Web develop- come and education level (Lupton, 2015, p. 124). ers realize that their data can be used for com- public spheres. ment forums and blogs were the main platforms For the latter digital technologies serve as a mercial purposes, and still they continue active, The author assumes that above-mentioned for online discussions. Here the users could reg- means to improve their own cultural, economic communicative practices, as social media pro- antagonisms colonize the public sphere on social ister with anonymous accounts, which provided and educational level, whereas those with low vides them with the best platform for the Cas- media by corporations and state. Therefore, so- optimism for many researchers that the web income and educational level tend to use the web tellsian mass self-communication. The hierarchic cial media, despite its potential to become a pub- could become a public sphere. Anonymity was mainly for social interactions and virtual games and competitive structure of social media also lic sphere, actually is not public and free and supposed to reduce negative sanctions towards (van Deursen & van Dijk, 2014, pp. 510-511). triggers the users to seek for more popularity and challenges the main postulates of classical liber- the ones expressing the minority opinion, as us- Yochai Benkler has made an attempt to in- to be more active. In today‘s attention economy, alism. This contradicts the Habermasian under- ers were not physically present at the discussion tegrate Habermas‘s approach with network theo- social media produces such key values as atten- standing of public sphere, who considers it not and could hide their real identity. However, fur- ry. He considers the networked structure of the tion and reputation. Facebook‘s business model just as a sphere of political communication, but a ther studies did not completely support this as- web and its topology as key factors affecting the is based on these values, and the user‘s will to sphere free from economic and political power, sumption (Yun & Park, 2011; Porten-Cheé & spread of information online. It enables enough share data. In this regard, critics of social media censorship and ownership (Habermas, 1996, p. Eilders, 2015; Liu & Fahm, 2011). saturation for the links and prevents fragmenta- warn about risks regarding privatization of web 377). At the beginning of 2000s, the rise of the tion or information flow control by one of the spaces by corporations. Van Dijk (2013) notes One of the obstacles for the democratic po- Web 2.0 revitalized the development of social network nodes. In the 1990s due to the develop- that in the modern online environment only Wik- tential of the web is the difficulty to check ma- media providing new opportunities for two-sided ment of information economy, new websites and ipedia, not being co-opted by big business, re- nipulative online information (Holt, 2004, pp. mass communication and digital media based on blogs were developed, which were free from ad- mains as ―an uncomfortable reminder of what 16-20). Of course, this issue is familiar to non- participation and interactivity. Social media sites vertising and sponsorship and published news in the Web could have been‖ (p. 16). digital mediums also, but the problem of fake rapidly grew and became the main online plat- non-traditional journalistic approach, free from Christian Fuchs (2014) highlights three information across digital platforms is more form for opinion expression and public discus-

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sions, outgoing forums and blogs. Social media continues spinning on Facebook, as users‘ net- sites are both public and private platforms, where work on this platform is mainly based on their users can express their opinion through a public offline connections. The will of self-censorship or private status and a message. They combine also has a negative influence on the user‘s deci- interpersonal and mass communication. sion to leave a public comment on a specific top- Van Dijk highlights the following character- ic (Gearhart & Zhang, 2014). istics of social media as a mass communication Some researchers have shown that the inter- medium (van Dijck & Poell, 2013, pp. 5-11): est in politics, level of trust and participation and  Programmability - the ability of a central persistency of political views also contribute to agency to manipulate content in order to online political activism (Hayes, Smock, & Carr, define the audience‘s watching experience 2015). Other studies have revealed that like of- as a continuous flow. fline environment, where a small network may  Popularity - mass media‘s power in terms of stimulate opinion expression, on social media the agenda-setting or pushing certain topics to bigger the network and its member‘s opinion the fore and make their popularity measu- diversity are, the lower an individual‘s willing- rable and quantified. ness to express an opinion is (Brandade, Liders,  Connectivity - the ability of a social plat- & Skjetne, 2010). Moreover, users with large form to connect the content, users activities online network tend to delete their publications and advertisers. more often. Despite the controllability of infor-  Datafication - the ability of networked plat- mation disclosure through changing privacy set- forms to render into data many aspects of tings on social media, even publications availa- the world that have never been quantified ble only for friends may reach bigger audiences, before. than a face to face conversation in train. Such As we shall see further, abovementioned fe- publicity may also decrease the willingness to atures significantly determine the degree the spi- express an opinion. The number of online friends ral of silence theory can be applied to the online and opinion diversity may also cause an infor- setting and on social media platforms in particu- mation overload, which prompts inaccurate per- lar. ceptions of public opinion and pluralistic ignorance. The Factors Affecting Opinion Expression Another basic feature of social media that and Modernization of Spiral of Silence deserves close attention is its unique toolkit dif- Theory in Frames of Digitalization ferent from face to face communication. Here an opinion can be presented as a short comment The rise of social media platforms brought with or without links, which contains more in- new challenges for researchers of the spiral of formation than could be presented under face to silence theory. The research methodology for face communication. Hypertext allows to ac- applications of the theory on social media vary, complish a verbal opinion with audio and visual and the results are mixed. One of the first re- content or present it in non-direct forms, using searches on the topic, conducted by Gearhart and symbols and visual tools. Finally, on social me- Zhang, have revealed that the spiral of silence dia, users can express their opinion simply using

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sions, outgoing forums and blogs. Social media continues spinning on Facebook, as users‘ net- ―like‖-s and reactions. Many social media users that works to depoliticize public communication‖ sites are both public and private platforms, where work on this platform is mainly based on their actively follow discussions, but don‘t comment (p. 377). On contemporary social media plat- users can express their opinion through a public offline connections. The will of self-censorship or limit their reaction to a ―like‖. As a result, civ- forms, this can be considered as the main ten- or private status and a message. They combine also has a negative influence on the user‘s deci- ic participation also transforms on social media. dency for communication and public discussion interpersonal and mass communication. sion to leave a public comment on a specific top- Digital communicative actions become the main practices. Therefore, the spread of information Van Dijk highlights the following character- ic (Gearhart & Zhang, 2014). indicator of participation, thus digitizing it and and its consumption on social media, despite its istics of social media as a mass communication Some researchers have shown that the inter- limiting actions to a discourse of the issue. technological advances and networked structure, medium (van Dijck & Poell, 2013, pp. 5-11): est in politics, level of trust and participation and Due to mass communication on social me- not always enhances democratic discourse. Basi-  Programmability - the ability of a central persistency of political views also contribute to dia users‘ opinions quickly reach not only their cally, we deal with communication for the sake agency to manipulate content in order to online political activism (Hayes, Smock, & Carr, online friends but also other audiences outside of communication and Mcluhan‘s famous phrase define the audience‘s watching experience 2015). Other studies have revealed that like of- their network. Online media also contributes to ―Medium is the message‖ can be reformulated as as a continuous flow. fline environment, where a small network may this process, often sharing opinions not only by ―Communication is the communication‖ or, as  Popularity - mass media‘s power in terms of stimulate opinion expression, on social media the public figures or politicians but also by ordinary Castells cited: ―Network is the communication‖. agenda-setting or pushing certain topics to bigger the network and its member‘s opinion users. Thus, users‘ opinions on social media are Today‘s news consumption culture is also the fore and make their popularity measu- diversity are, the lower an individual‘s willing- not just shaping public opinion: they become affected by digitalization and new rules of the rable and quantified. ness to express an opinion is (Brandade, Liders, news. Users get informed about public opinion media market. While setting agenda newsmakers  Connectivity - the ability of a social plat- & Skjetne, 2010). Moreover, users with large without the media‘s agency, directly from their are guided by marketing strategies trying to catch form to connect the content, users activities online network tend to delete their publications online friends, friends of friends, etc. Journalists the audience‘s emotional reactions and satisfy and advertisers. more often. Despite the controllability of infor- and media no longer play the role of goalkeepers their preferences. The audience is a busy and dis-  Datafication - the ability of networked plat- mation disclosure through changing privacy set- in the process of news flow. Users are news crea- tracted mass of consumers, which must be satis- forms to render into data many aspects of tings on social media, even publications availa- tors and consumers, and the content they create fied at any price, even trampling on the princi- the world that have never been quantified ble only for friends may reach bigger audiences, serves as news and means of interpersonal com- ples of journalistic professionalism (Coleman & before. than a face to face conversation in train. Such munication at the same time. Blumer, 2009, pp. 42-67). As we shall see further, abovementioned fe- publicity may also decrease the willingness to One of the key factors affecting the shaping The algorithmic logic of social media also atures significantly determine the degree the spi- express an opinion. The number of online friends of public opinion on social media is the news plays a significant role in news consumption and ral of silence theory can be applied to the online and opinion diversity may also cause an infor- consumption culture. Unlike traditional media, public opinion formation. The algorithms decide setting and on social media platforms in particu- mation overload, which prompts inaccurate per- news on social media surrounds people constant- which publications a user can see, based on his lar. ceptions of public opinion and pluralistic igno- ly and everywhere. News is consumed in parallel or her online behaviour. This contains risk of rance. with entertaining content and is often presented polarization, as a user starts seeing homogenous The Factors Affecting Opinion Expression Another basic feature of social media that in an entertaining format, thus boosting info- content, which usually interprets issues from one and Modernization of Spiral of Silence deserves close attention is its unique toolkit dif- tainment. In this regard it is worth to mention point of view. But the algorithms are only one Theory in Frames of Digitalization ferent from face to face communication. Here an Habermas‘s (1996) worries regarding the inside of the problem, besides human cognitive opinion can be presented as a short comment crease of the role of advertising in the public and psychological factors. People tend to search The rise of social media platforms brought with or without links, which contains more in- sphere, as a result of which economic logic for information confirming their beliefs (Schulz new challenges for researchers of the spiral of formation than could be presented under face to spreads through the media and depoliticizes it: & Roessler, 2012, pp. 357-359). As a result, di- silence theory. The research methodology for face communication. Hypertext allows to ac- ―Reporting facts as human-interest stories, versity of opinions creates an isolated homoge- applications of the theory on social media vary, complish a verbal opinion with audio and visual mixing information with entertainment, arran- nous environment instead of stimulating discus- and the results are mixed. One of the first re- content or present it in non-direct forms, using ging material episodically, and breaking down sions between opposite poles (Wilhelm, 2000, searches on the topic, conducted by Gearhart and symbols and visual tools. Finally, on social me- complex relationships into smaller fragments - pp. 86-104). Such homogenous environments, Zhang, have revealed that the spiral of silence dia, users can express their opinion simply using all of this comes together to form a syndrome called echo chambers, make fake diversity of

WISDOM 1(14), 2020 24 25 25 Anahit HAKOBYAN

opinions and surround a user with similar views. & Wang, 2016). These processes are another key factor resulting Another important factor affecting the will- pluralistic ignorance: a representative from each ingness to express an opinion on social media is pole surrounded mainly with one point of view the self-presentational concern. Social media has ascribes it to the majority. become one of the main platforms for individu- In 2014-2015 Eytan Bakhshi and other real‘s self-expression and public image presenta- searchers studied publications of 10.1 mln Face- tion. Any published information becomes a part book users, who actively expressed their political of users‘ digital identity and functions as a sym- orientation online (Bakshy, Messing & Adamic, bol for their self-presentation. Although some 2016). Three groups of users based on political researches have revealed a positive correlation orientation have been discovered - liberals (4.1 between self-presentation on Facebook and will- men), moderate users (4.4 mln) and conserva- ingness to express political views, everything tives (4.4 mln). These groups vary not only by depends on the purpose and character of self- political orientation but also topics of shared presentation. If a man is tended to an acquisitive publications and link sources. One of the key self-presentation, which aims to form a long- findings of the research is that in the cascade of term positive public image, he or she is express- ideological filters, besides the network and algo- ing opinion more actively. If an individua‘s self- rithms, the main obstacle to get familiar with dis- presentation is protective and aims to avoid criti- sent views is the user‘s free will: they tend to cism, he or she will avoid speaking under high read publications by like-minded people and dis- opinion diversity (Lia, Raymond, & Xi, 2017). like the ones made by representatives of the op- Some researches have shown that the will- posite pole. The homogenous environment on ingness to express an opinion on social media is social media contributes to the formation of a determined by the observation of public opinion. close circle of like-minded opinions. The risk of It is notable that in some cases, it affects the will- negative feedback also decreases the users‘ willingness to express an opinion and the fear of iso- ingness to express an opinion (Gearhart & lation does not (Xiaodong & Li, 2016). This is Zhang, 2015). Lee and Famm (2011) consider explained by the domination of weak ties on the the latter a key factor triggering the spiral of si- digital environment and the easiness to apply lence process online. They argue that isolated negative sanctions towards those with the oppo- homogenous environment can stimulate opinion site opinion. Nuebaum and Cramer also empha- expression on social media, but at the same time, size the role of situational factors which deter- it contributes pluralistic ignorance. Homogeneity mine an individual‘s fear of isolation (Neubaum of social media refers not only to the content but & Krämer, 2016). They assume that various con- also to the sentiment of opinions. Some research- textual factors, such as familiarity of the audi- ers have demonstrated that political discourse on ence or communication channel, the effect on an social media is mainly irrational, emotional and individual‘s expectations concerning negative aggressive (Malaspina, 2014). In particular, pub- sanctions if he/she represents the minority‘s lications representing the majority‘s opinion on view. Interestingly, the research has demonstrat- Twitter have a higher level of emotionality than ed that people tend to express deviant opinion in those of the minority (Luo, Li, Wang, Xue, Liu, offline environment and for unfamiliar audiences

WISDOM 1(14), 2020 26 26 Digitalization of Communication and the Spiral of Silence Theory

opinions and surround a user with similar views. & Wang, 2016). more often than they do on Facebook. Authors  Brain‘s cognitive processes prompt the us- These processes are another key factor resulting Another important factor affecting the will- explain this with negative sanctions and the easi- ers to seek and share information and opin- pluralistic ignorance: a representative from each ingness to express an opinion on social media is ness to apply them on online-based platforms. ions confirming their existing beliefs. pole surrounded mainly with one point of view the self-presentational concern. Social media has Other studies have shown another factor affect-  The polarized and homogenous environ- ascribes it to the majority. become one of the main platforms for individu- ing the willingness to express an opinion on so- ment is raising new forms of pluralistic ig- In 2014-2015 Eytan Bakhshi and other real‘s self-expression and public image presenta- cial media - opinion congruency (Hampton, norance. searchers studied publications of 10.1 mln Face- tion. Any published information becomes a part Rainie, Lu, Dwyer, Shin, & Purcell, 2014). Peo-  Open and horizontal communication and book users, who actively expressed their political of users‘ digital identity and functions as a sym- ple avoid speaking out when they notice that easy-to-use online tools and platforms stim- orientation online (Bakshy, Messing & Adamic, bol for their self-presentation. Although some their opinion differs from the one among their ulate the opinion expression, but, at the 2016). Three groups of users based on political researches have revealed a positive correlation online network or general public opinion (Du- same time, make the fear of being criticized orientation have been discovered - liberals (4.1 between self-presentation on Facebook and will- bois & Szwarc, 2018). one of the key factors prompting the spiral men), moderate users (4.4 mln) and conserva- ingness to express political views, everything of silence. tives (4.4 mln). These groups vary not only by depends on the purpose and character of self- Conclusion The researches have not provided a com- political orientation but also topics of shared presentation. If a man is tended to an acquisitive prehensive answer to the question – whether the publications and link sources. One of the key self-presentation, which aims to form a long- Analyses of the Internet as a public sphere spiral of silence spins on social media. However, findings of the research is that in the cascade of term positive public image, he or she is express- shows that applications of the spiral of silence in contradictory conclusions provide a stimulus for ideological filters, besides the network and algo- ing opinion more actively. If an individua‘s self- this multilevel and complicated environment are new research, especially considering the value of rithms, the main obstacle to get familiar with dis- presentation is protective and aims to avoid criti- specific and contradictory. On the one hand, it the question in the context of the web as a public sent views is the user‘s free will: they tend to cism, he or she will avoid speaking under high offers new technological and communicative sphere. Basically, the spiral of silence on social read publications by like-minded people and dis- opinion diversity (Lia, Raymond, & Xi, 2017). features for discussion and opinion expression, media affects the web‘s democratic potential and like the ones made by representatives of the op- Some researches have shown that the will- which differ from face to face communication; its further research can shed light to another key posite pole. The homogenous environment on ingness to express an opinion on social media is on the other hand, it maintains some characteris- question – will the web ever transform into a social media contributes to the formation of a determined by the observation of public opinion. tics of offline sociality. public sphere from a public space? These ques- close circle of like-minded opinions. The risk of It is notable that in some cases, it affects the will- As a result of the analyses, the following tions are important from the philosophical point negative feedback also decreases the users‘ willingness to express an opinion and the fear of iso- factors determining applications of the spiral of of view as well, as they will provide a new em- ingness to express an opinion (Gearhart & lation does not (Xiaodong & Li, 2016). This is silence on the online-based environment can be pirical basis for further understanding of the in- Zhang, 2015). Lee and Famm (2011) consider explained by the domination of weak ties on the highlighted: dividual-society relationship and the role of pub- the latter a key factor triggering the spiral of si- digital environment and the easiness to apply  Social media platforms, due to their logic lic opinion in it. lence process online. They argue that isolated negative sanctions towards those with the oppo- based on connectivity and popularity, have homogenous environment can stimulate opinion site opinion. Nuebaum and Cramer also empha- become the main space, where people ex- REFERENCES expression on social media, but at the same time, size the role of situational factors which deter- press their opinion. it contributes pluralistic ignorance. Homogeneity mine an individual‘s fear of isolation (Neubaum  Social media platforms are owned by cor- Athanesyan, A. V., & Ter-Harutyunyan, A. S. of social media refers not only to the content but & Krämer, 2016). They assume that various con- porations with business models aimed to get (2017). Sovremennye kriticheskye teorii also to the sentiment of opinions. Some research- textual factors, such as familiarity of the audi- profit. 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WISDOM 1(14), 2020 26 27 27 Anahit HAKOBYAN

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Chicago Press. Science, 359(6380), 1146-1151. Schulz, A., & Roessler, P. (2012). The Spiral of Wilhelm, A. (2000). Democracy in the Digital Silence and the Internet: Selection of Age: Challenges to Political Life in Cy- Online Content and the Perception of berspace. London: Routledge. the Public Opinion Climate in Compu- Willnat, L., Lee, W., & Detenber, B. (2002). In- ter-Mediated Communication Environ- dividual Level Predictors of Public ment. International Journal of Public Outspokenness: A Test of the Spiral of Opinion Research, 24(3), 346-367. Silence Theory in Singapore. Interna- Speier, H. (1950). Historical Development of tional Journal of Public Opinion Re- Public Opinion. American Journal of search, 14(4), 391-412. Sociology, 55(4), 376-388. Xiaodong, Y., & Li, L. (2016). Will the Spiral of van Deursen, A., & van Dijk, J. (2014). The Di- Silence Spin on Social Networking gital Divide Shifts to Differences in Sites? An Experiment on Opinion Cli- Usage. New Media & Society 16(3), mate, Fear of Isolation and Outspoken- 507-526. ness. China Media Research, 12(1), 79- van Dijck, J. (2013). The Culture of Connec- 87. tivity. A Critical History of Social Me- Young, J. T. (1923). The New American Govern- dia. Oxford University Press. ment and its Work. New York: Mac- van Dijck, J., & Poell, Th. (2013). Understanding millan & Co. Social Media Logic. Media and Com- Yun G., & Park S. (2011). Selective Posting: munication, 1(1), 2-14. Willingness to Post a Message Online. Vosoughi, S., Roy, D., & Aral, S. (2018). The Journal of Computer-Mediated Com- Spread of True and False News Online. munication, 16, 201-227.

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Chicago Press. Science, 359(6380), 1146-1151. DOI: 10.24234/wisdom.v14i1.302 Schulz, A., & Roessler, P. (2012). The Spiral of Wilhelm, A. (2000). Democracy in the Digital Igor KOLOSOV, Silence and the Internet: Selection of Age: Challenges to Political Life in Cy- Konstantin SIGALOV Online Content and the Perception of berspace. London: Routledge. the Public Opinion Climate in Compu- Willnat, L., Lee, W., & Detenber, B. (2002). In- EPISTEMOLOGICAL FOUNDATIONS OF EARLY LEGAL UTILITARIANISM ter-Mediated Communication Environ- dividual Level Predictors of Public ment. International Journal of Public Outspokenness: A Test of the Spiral of Abstract Opinion Research, 24(3), 346-367. Silence Theory in Singapore. Interna- Speier, H. (1950). Historical Development of tional Journal of Public Opinion Re- This article analyzes the aggregate of reality cognition methods used in certain theories in the history Public Opinion. American Journal of search, 14(4), 391-412. of ethics and legal thought that are based on the principle of utility. The objective of this article is to pro- Sociology, 55(4), 376-388. Xiaodong, Y., & Li, L. (2016). Will the Spiral of vide a full study of the methodology of the utilitarianism to determine its place in the establishment of le- van Deursen, A., & van Dijk, J. (2014). The Di- Silence Spin on Social Networking gal utilitarianism. gital Divide Shifts to Differences in Sites? An Experiment on Opinion Cli- The article used methods of formal logic and specific methods such as the historical method. Usage. New Media & Society 16(3), mate, Fear of Isolation and Outspoken- The main result of the article is the origins of utilitarianism is conditioned, inter alia, by the synthesis 507-526. ness. China Media Research, 12(1), 79- of the empirical and theoretical methodology. Heretofore, the application of purely empirical or purely van Dijck, J. (2013). The Culture of Connec- 87. theoretical methodologies for considering the state and legal phenomena through the prism of utility did tivity. A Critical History of Social Me- Young, J. T. (1923). The New American Govern- not lead to the creation of branch of philosophy, economic or legal thought – utilitarianism. dia. Oxford University Press. ment and its Work. New York: Mac- The main conclusion of this article is that the ―moral arithmetic‖ created under classical utilitarianism van Dijck, J., & Poell, Th. (2013). Understanding millan & Co. and later developed in the contemporary utilitarianism, based on which it is possible to compute the utility Social Media Logic. Media and Com- Yun G., & Park S. (2011). Selective Posting: of this or that action (the totality of actions), contradicts such universal legal values as justice, defence, en- munication, 1(1), 2-14. Willingness to Post a Message Online. forcement of rights and freedoms, the principle of equality, and the moral values, and, therefore, cannot be Vosoughi, S., Roy, D., & Aral, S. (2018). The Journal of Computer-Mediated Com- supported. Spread of True and False News Online. munication, 16, 201-227. Keywords: utilitarianism, utility, legal utilitarianism, methodology, epistemology, legal philosophy, empiricism, rationalism, consequentialism.

Introduction son wishes to achieve happiness and to avoid pain, even though he/she is not always aware of In his work ―An Introduction to the Princi- that (p. 14). These contemplations generate a me- ples of Morals and Legislation‖, J. Bentham thodology (what and how to do) for the perfor- notes, that human actions are underlaid by pleas- mance of moral action in utilitarianism. The ure and pain. They determine human behaviour: main idea of the method is the calculation of the what a person actually does, what he/she aspires actions performed by an individual. Thus, per- to do, and what he/she should do. This is why forming an action or facing a situation he/she re- influencing a person means, in the long run, in- cognizes as morally significant, the individual fluencing his / her feelings to cause pleasure or calculates who would be influenced by the action pain. This is the stimulus and the motive driving and how much pleasure or pain it could cause to the action. This is the explanation for human be- those exposed to it, and chooses the type of ac- haviour. According to J. Bentham (2000), a per- tion to optimize this amount of pleasure or pain.

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Optimum is the maximum happiness caused to happiness for each person to determine the moral the maximum number of people exposed to the correctness or incorrectness of the action per- situation, and (or) minimization of pain to the formed. maximum number of individuals. This way, any Summing up the utilities is quite important choice is determined with the relative level of in a legal activity in legal utilitarianism. This total utility of its consequences or results. In this way, a lawmaker deciding to enact this or that situation, the degree of happiness is the entire law must as per the legal utilitarianism, consider totality of pain and pleasure that this or that ac- the way these legal regulations may influence the tion, motive or institution may cause to this or pleasure or pain of the persons bound by such that number of individuals. This approach sug- legal regulation. In adopting a decision within gests that happiness should be measurable, there- the framework of behaviour permitted by law, or fore, justifying the ―moral arithmetic‖ of J. Ben- adopting a decision to break the law, the law en- tham. In particular, J. Bentham suggested meas- forcer must, as per the legal utilitarianism, con- uring it by the intensiveness of pleasure, its dura- sider the utility of all possible options (including tion, considering the possibility of its occurrence the opportunity costs). and the period of time after which it will occur. This opportunity of summing pleasures and There should be a preference of pleasure that is pain, making grounded, politically or legally rel- intensive, long-lasting, and likely to occur in the evant decisions, ensuring the adequacy of this or nearest time. If the decision adopted concerns the that decision or justifying an unpopular decision interests of more than one individual, but a group appeared attractive to the public officials. (society), for example, in law-making, the list of The legal utilitarianism had a significant quantitative criteria is replenished with one more impact on the 19th-century legislation, especially criterion: the spread of pleasure. In that case, to in England. For instance, under the influence of determine the ―general tendency‖ of an action, it the ideas of J. Bentham, several strict legal regu- is required to: lations were abolished in England in the early a) sum up the figures expressing the domina- 19th century (Bedau, 1983, p. 1036). The legal tion of pleasure over pain for those who utilitarianism had a special impact on criminal benefit from the action; law theory and criminal legislation, including the b) sum up the figures expressing the domina- current one (Hart & Sacks, 1958, pp. 113-114). tion of pain over pleasure for those who do Utilitarianism strongly influenced civil law, par- not benefit from the action; ticularly the tort and contract law (Terry, 1915, p. c) draw the total balance. 40; Fuller, 1941, p. 799). According to J.B. Such summing up may not only reveal the Ames (1908), ―The law is utilitarian. It exists for positive or negative tendency of the action but the realization of the reasonable needs of the also help select the potential behaviour strategy community. If the interest of an individual runs (introduced legal regulation or any other legally counter to the chief object of the law, it must be relevant action) yielding maximum happiness for sacrificed‖ (pp. 97, 110). the maximum number of people. The principal This question interests scientists in a similar condition of the correctness of such utilitarian way. Various works analyze legal utilitarianism. calculation is the conservation of equal value of Some of them cover the questions of the ideolo-

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Optimum is the maximum happiness caused to happiness for each person to determine the moral gy used in the legal utilitarianism. rospective, considering that man is a biosocial the maximum number of people exposed to the correctness or incorrectness of the action per- Among such works, it is worthwhile men- creature, i.e. living in the society man has biolog- situation, and (or) minimization of pain to the formed. tioning ―Legal Utilitarianism‖ by Richard F. ical and social needs, the satisfaction of which maximum number of individuals. This way, any Summing up the utilities is quite important Bernstein (1979), which pays special attention to may not always coincide with the interests of the choice is determined with the relative level of in a legal activity in legal utilitarianism. This the contemporary concept of act utilitarianism other people living in this society, or even inter- total utility of its consequences or results. In this way, a lawmaker deciding to enact this or that and its application in the legal activity, including fere with the freedom of others? Since at its core, situation, the degree of happiness is the entire law must as per the legal utilitarianism, consider judicature (pp. 127-146). In addition, the ques- utilitarianism is an ethic theory, it may within its totality of pain and pleasure that this or that ac- the way these legal regulations may influence the tions of legal liability and the rule of law are con- own subject, and methodological apparatus pro- tion, motive or institution may cause to this or pleasure or pain of the persons bound by such sidered. vide some answers to the set questions from its that number of individuals. This approach sug- legal regulation. In adopting a decision within Apart from that, special attention should be own perspective and suggest (present a concept) gests that happiness should be measurable, there- the framework of behaviour permitted by law, or paid to the article by R. Posner ―Utilitarianism, a matching method of legal regulation. This ex- fore, justifying the ―moral arithmetic‖ of J. Ben- adopting a decision to break the law, the law en- Economics, and Legal Theory‖ (1979), where he plains the interest of public officials and scien- tham. In particular, J. Bentham suggested meas- forcer must, as per the legal utilitarianism, con- introduced his original theory of law – the con- tists to this theory. uring it by the intensiveness of pleasure, its dura- sider the utility of all possible options (including cept of wealth maximization (pp. 103-140). Re- In continuation of the issues raised by the tion, considering the possibility of its occurrence the opportunity costs). lated to the topic of the present article, in the des- above works (theoretical aspect), and in order to and the period of time after which it will occur. This opportunity of summing pleasures and ignated study, the justification of the difference evaluate the application of the relevant utilitarian There should be a preference of pleasure that is pain, making grounded, politically or legally rel- between the positive and normative analysis and theories (practical aspect), the contribution of this intensive, long-lasting, and likely to occur in the evant decisions, ensuring the adequacy of this or establishment of a preference criterion between article to science is that a detailed analysis of the nearest time. If the decision adopted concerns the that decision or justifying an unpopular decision ethic theories has an important place. An article utilitarian legal methodology is aimed not only at interests of more than one individual, but a group appeared attractive to the public officials. by E. Weinrib ―Utilitarianism, Economics, and expanding knowledge of the methodology used, (society), for example, in law-making, the list of The legal utilitarianism had a significant Legal Theory‖ (1980), also makes a significant but also to create the basis for further research in quantitative criteria is replenished with one more impact on the 19th-century legislation, especially contribution into the development of the legal this direction, which will be based on a more criterion: the spread of pleasure. In that case, to in England. For instance, under the influence of utilitarianism, continuing the studies of the complete understanding of the methodology. determine the ―general tendency‖ of an action, it the ideas of J. Bentham, several strict legal regu- above-mentioned questions and carrying out a Analysis of social relations through the le- is required to: lations were abolished in England in the early critical analysis of the work written by R. Posner gal utilitarianism may help to find some legal a) sum up the figures expressing the domina- 19th century (Bedau, 1983, p. 1036). The legal (pp. 307-332). solutions to maximize the utility. However, is tion of pleasure over pain for those who utilitarianism had a special impact on criminal It is also worthwhile noticing the academic such an approach applicable to law-making and benefit from the action; law theory and criminal legislation, including the degree thesis ―Bentham‘s Study of Law‖ by A. law enforcement? How valid is it in the legal ac- b) sum up the figures expressing the domina- current one (Hart & Sacks, 1958, pp. 113-114). N. Ostroukh (2002), where, in paragraph 2.2, the tivity? All of these can be found out by analyzing tion of pain over pleasure for those who do Utilitarianism strongly influenced civil law, par- principle of utility by J. Bentham and its place in the methodology of the legal utilitarianism. This not benefit from the action; ticularly the tort and contract law (Terry, 1915, p. the legal theory are described. In addition, the is the research goal of this article and, therefore, c) draw the total balance. 40; Fuller, 1941, p. 799). According to J.B. mentioned study elaborates the issues of the the empirical and theoretical methodology of the Such summing up may not only reveal the Ames (1908), ―The law is utilitarian. It exists for methodology used by J. Bentham (paragraph legal utilitarianism attracts great attention. positive or negative tendency of the action but the realization of the reasonable needs of the 2.1), justifies its theoretical nature (rationalism), also help select the potential behaviour strategy community. If the interest of an individual runs and considers the utilitarianism of J. Bentham by The Empirical Methodology of (introduced legal regulation or any other legally counter to the chief object of the law, it must be analyzing his vision of certain branches of law in the Legal Utilitarianism relevant action) yielding maximum happiness for sacrificed‖ (pp. 97, 110). Chapters 3 and 4 of the research. the maximum number of people. The principal This question interests scientists in a similar Legal regulation determines the borders of One of the major thinkers developing the condition of the correctness of such utilitarian way. Various works analyze legal utilitarianism. human behaviour (the regulatory function of theory of cognition based on the empirical meth- calculation is the conservation of equal value of Some of them cover the questions of the ideolo- law). What are those borders in the historical ret- odology, J. Locke (1836), remarks that all ideas

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originate from perception and reflection. ―Let us does not yet exist, that has not been created? In then suppose the mind to be, as we say, a white answering this question from the point of view of paper, void of all characters without any ideas sensualism, it is important to note that social rela- [―white paper‖ – ―tabula rasa‖ – remark by the tions between people develop regardless of whe- authors]; how comes it to be furnished? To this, I ther they are regulated by law or not. Legal regu- answer in one word, From Experience: In that, lation is not a compulsory condition for social all our Knowledge is founded, and from that, it relations; they may be regulated with any other ultimately derives itself. Our Observation em- methods, like morals, other regulators, or be un- ploy‘d either about external, sensible Objects; or regulated at all. Moreover, in the modern world, about the internal Operations of our Minds, per- there are many social relations not regulated by ceived and reflected on by ourselves, is that, any law. However, along with that, when enter- which supplies our Understandings with all the ing certain social relations, the subjects of law materials of thinking. These two are the Foun- acquire knowledge of these relations based on tains of Knowledge, from whence all the Ideas the empirical perception, and may, therefore, we have, or can naturally have, do spring‖ (p. create mechanisms (including legal ones) to 51). bring these social relations to order, creating, Based on that, we suppose that as ―tabula therefore, some legal regulations. It appears like rasa‖, a person may cognize the social relations the utility of this or that way of regulating social regulated by the law through perception and re- relations, and legal regulation efficiency may flection, entering these social relations and ob- also be assessed based on the same concept, rely- serving them. Later, a specially authorized sub- ing exclusively upon the empirical cognition of ject, the lawmaker, and the persons bearing the the legal regulation, or cognizing the method of right to the legislative initiative may come up regulation of the social relations as it is applied to with the optimal mechanism of legal regulation. similar social relations. Therefore, empirical cog- Working to satisfy the requirements of the law- nition helps revealing, for example, the ineffi- maker expressed in laws, the law enforcer, cog- ciency of applying a method for the regulation of nizing the social relations through his perception, social relations and the need to bring the current may maximize the utility of the applied legal re- legislation to realize the need for the introduction gulations. The realization of the right (enforce- of changes to the existing legal regulation mech- ment, execution, application, utilization) as a re- anism. gulator of social relations is directly linked to the The legal utilitarianism was developed gen- empirical cognition of law due to the assessment erally in the second half of the 18th century, as- of such relations through sensual methods. This sociated, primarily, with the works by J. Ben- way, the empirical cognition of law serves as a tham and J. S. Mill. Classical utilitarianism chro- basis for the acquisition of knowledge of the law. nologically appears after the natural law and so- However, if the law is created by people in cial contract theories; due to the similarity of the the rule-making process, the question appears: used methodology, it may be concluded that to a how can it be created for the legal regulations to certain extent it is a consequence of the natural be the most efficient, as empirically we are not law and social contract theories. Utilitarianism able to cognize an object or a phenomenon that was largely in line with the ideology and the so-

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originate from perception and reflection. ―Let us does not yet exist, that has not been created? In cial relations of that time. The works of utilitari- instance, some certain social relations existing in then suppose the mind to be, as we say, a white answering this question from the point of view of an philosophers have made a great impact on the the society, while the latter ―universals‖ may be paper, void of all characters without any ideas sensualism, it is important to note that social rela- development of liberal and legal ideology and the essence of law, i.e. the nature and purpose of [―white paper‖ – ―tabula rasa‖ – remark by the tions between people develop regardless of whe- the legal regulation mechanism. legal regulation of such social relations, as well authors]; how comes it to be furnished? To this, I ther they are regulated by law or not. Legal regu- But together with that, to our mind, long be- as the primary causes for introduction of this or answer in one word, From Experience: In that, lation is not a compulsory condition for social fore the emergence of classical utilitarianism that legal regulation of the social relations. Con- all our Knowledge is founded, and from that, it relations; they may be regulated with any other there appeared a lot of ethics and legal ideas, sidering the current understanding of ―utility‖, ultimately derives itself. Our Observation em- methods, like morals, other regulators, or be un- which may hardly be referred to the legal utilitar- which is defined as an ability of an economic ploy‘d either about external, sensible Objects; or regulated at all. Moreover, in the modern world, ianism, but they set the prerequisites and meth- commodity to satisfy one or several human about the internal Operations of our Minds, per- there are many social relations not regulated by odological base for their genesis. To determine needs (Kapteyn, 1985, pp. 1-2), the studies of ceived and reflected on by ourselves, is that, any law. However, along with that, when enter- the methodological foundation of classical utili- Plato and Aristotle reveal the origins of applying which supplies our Understandings with all the ing certain social relations, the subjects of law tarianism, it appears reasonable to consider the the principle of utility to studying the origin and materials of thinking. These two are the Foun- acquire knowledge of these relations based on ideas of applying the principle of utility to law- development of law and state based on the em- tains of Knowledge, from whence all the Ideas the empirical perception, and may, therefore, making and law enforcement activity before J. pirical methods of activity cognition. we have, or can naturally have, do spring‖ (p. create mechanisms (including legal ones) to Bentham. Contemplating on the just city-state, Plato 51). bring these social relations to order, creating, In antiquity, the Epicureans, Stoics, Demo- (2018) remarks, ―A state, I said, arises, as I con- Based on that, we suppose that as ―tabula therefore, some legal regulations. It appears like critus and Aristotle raised the questions of the ceive, out of the needs of mankind; no one is rasa‖, a person may cognize the social relations the utility of this or that way of regulating social theory of cognition linked to the principle of util- self-sufficing, but all of us have many wants. regulated by the law through perception and re- relations, and legal regulation efficiency may ity. For instance, Epicureanism based on maxi- […]. As we have many wants, and many persons flection, entering these social relations and ob- also be assessed based on the same concept, rely- mization happiness, but defines happiness more are needed to supply them, one takes a helper for serving them. Later, a specially authorized sub- ing exclusively upon the empirical cognition of as a state of tranquillity than pleasure. Egoist one purpose and another for another; and when ject, the lawmaker, and the persons bearing the the legal regulation, or cognizing the method of theories hold that an action is morally right if it these partners and helper are gathered together in right to the legislative initiative may come up regulation of the social relations as it is applied to maximizes the good for oneself (Evans, 2004, one habitation the body of inhabitants is termed a with the optimal mechanism of legal regulation. similar social relations. Therefore, empirical cog- pp. 407-424). In addition, Aristotle remarks that State‖ (p. 226). Speaking of the utilitarian com- Working to satisfy the requirements of the law- nition helps revealing, for example, the ineffi- true cognition is hard because the essence of the ponent of these ideas, it is worthwhile noticing maker expressed in laws, the law enforcer, cog- ciency of applying a method for the regulation of cognition object is hidden. There are things and that Plato speaks of pleasure as a replenishment, nizing the social relations through his perception, social relations and the need to bring the current phenomena more knowable and clear to us, and and so, to a certain extent, does Aristotle. In oth- may maximize the utility of the applied legal re- legislation to realize the need for the introduction those that are clearer and more knowable by na- er words, certain commodities and actions of gulations. The realization of the right (enforce- of changes to the existing legal regulation mech- ture. The first ones present the world given to us people may be deemed useful for the replenishment, execution, application, utilization) as a re- anism. in sense-perception; the second ones present the ment of a deficit of resources or unsatisfied gulator of social relations is directly linked to the The legal utilitarianism was developed gen- essence of being and reasons (forms) of separate needs. It is also accompanied by the achievement empirical cognition of law due to the assessment erally in the second half of the 18th century, as- things, their causes and origins. The latter are of pleasure. Thus, pain is a deficiency of the nat- of such relations through sensual methods. This sociated, primarily, with the works by J. Ben- ―the universals‖ that are ―more obscure‖ for hu- ural state, and pleasure is its replenishment (Aris- way, the empirical cognition of law serves as a tham and J. S. Mill. Classical utilitarianism chro- man cognition, for being further from sense-per- totle, 1906, p. 323). According to Plato, replen- basis for the acquisition of knowledge of the law. nologically appears after the natural law and so- ception (Aristotle, 1991, pp. 3-5). However, ishment must be provided when laws are enact- However, if the law is created by people in cial contract theories; due to the similarity of the based on empirical perception, they may be cog- ed. For instance, in The Laws of Plato (1921) the the rule-making process, the question appears: used methodology, it may be concluded that to a nized through the activity of thought. philosopher, relying upon his observations, per- how can it be created for the legal regulations to certain extent it is a consequence of the natural Based on the indicated concept of know- ception and reflection, remarks, that ―laws which be the most efficient, as empirically we are not law and social contract theories. Utilitarianism ledge of Aristotle, it may be remarked that in le- are not established for the good of the whole able to cognize an object or a phenomenon that was largely in line with the ideology and the so- gal activity the ―clearer‖ phenomena may be, for state are bogus laws‖ (p. 129). Considering the

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above, as well as other postulates of ―Laws‖, we methodology of scientific research led to the may conclude, that in the opinion of Plato, legal emergence the Baconian method. This method is regulation must ensure the replenishment of defi- based on acquiring knowledge from the sur- cits for a better life of some people and the socie- rounding world through experiment, observation ty as a whole, provide the satisfaction of their and hypothesis testing. The research method de- needs, make the state and its citizens ―happy and veloped by F. Bacon is an early predecessor of satisfied‖. In other words, for Plato, laws must be the scientific method. It was described in his useful. work titled ―Novum Organum‖ by F. Bacon as a Also relying upon empirical cognition, replacement of methods once presented in ―Or- Democritus remarks, ―The law seeks to give ganum‖ by Aristotle. seemly form to the lives of men [...] for only to F. Bacon claims that the objective of scien- those who obey it does it reveal its full and pecu- tific cognition is not observing nature as it was in liar excellence‖ (Hamburger, 1969, p. 17). Con- antiquity or cognition of God as in medieval phi- sidering this, we suppose that, for Democritus, to losophy, but the benefit and utility for the hu- achieve the common good, people need to obey mankind. Science is the means, not the end. Man the law. And since, according to Democritus, is the master of nature. That is the leitmotiv of people are willing to achieve happiness and the the philosophy of F. Bacon. The activist utilitari- good (Vitz, 1979, p. 145) (and the pleasure may anism of F. Bacon means that with the emer- or may not be (Vitz, 1979, p. 146) the source of gence of man, nature decomposes into subject happiness), the obedience to law may bring peo- and object, which are at the same time separated ple (and the society as a whole) closer to the and connected through instrumental activity. common good. F. Bacon orients science towards seeking The analysis of works by antique philoso- truth not in books, but in practical activity, in the phers and thinkers brings us to a conclusion on immediate observation and studies of nature and the presence of certain ideas close to classical society. His philosophy may be understood as a utilitarianism; at that, developing their ideas, the revival of the antique natural philosophy with the thinkers rely upon sense-perception of the reality. entire philosophical system of nature set in the Thus, the famous Russian philosopher of law, I. centre. Therefore, the central problem of the phi- V. Mikhaylovsky (1914), in his ―Essays on the losophy of F. Bacon is the problem of relations Philosophy of Law‖ writes: ―the considered between man and nature. This problem was re- branch of ethics [utilitarianism – remark by the solved in line with utilitarianism; therefore, it can authors] is quite old: it existed back in Greek be said that he laid the origin of utilitarian meth- philosophy; there is an opinion that Aristotle odology, which later also developed in the phi- himself was a utilitarianist‖ (p. 30). losophy of pragmatism. In the modern period, there appeared a con- Activist utilitarianism of F. Bacon, based on stellation of researchers who continued the logi- the empirical cognition of the reality and his vi- cal development of ideas on the sense-perception sion of the law, is being widely spread. Thus, F. of the objectively existing reality. F. Bacon made Bacon considered the law to be grounded upon the greatest influence on the establishment of justice and social benefit. They act as not only empiricism. His works are based on the inductive the sources of law but also the criteria for law

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above, as well as other postulates of ―Laws‖, we methodology of scientific research led to the assessment. The philosopher remarks that ―in Ci- on the utilitarian postulates. may conclude, that in the opinion of Plato, legal emergence the Baconian method. This method is vil Society, either law or force prevails‖ (Bacon, J. S. Mill denied the idea of the politics ca- regulation must ensure the replenishment of defi- based on acquiring knowledge from the sur- 2011, p. 88), while violence, intentional cunning pable of giving normative recommendations to cits for a better life of some people and the socie- rounding world through experiment, observation and cruelty of law generate injustice. F. Bacon all societies regardless of their national character ty as a whole, provide the satisfaction of their and hypothesis testing. The research method de- comes to the conclusion that to achieve the com- and degree of development of public relations. needs, make the state and its citizens ―happy and veloped by F. Bacon is an early predecessor of mon goal, and it is necessary to ―extract a sym- This formed the basis for J. S. Mill‘s study in the satisfied‖. In other words, for Plato, laws must be the scientific method. It was described in his bol and an idea of fairness‖ in every sphere of way we know it now, and the utilitarianism, useful. work titled ―Novum Organum‖ by F. Bacon as a law to ―assess the properties of laws of this or which, unlike the utilitarianism of J. Bentham, Also relying upon empirical cognition, replacement of methods once presented in ―Or- that state and attempt to correct them‖. In his stu- cannot provide any certain practical recommen- Democritus remarks, ―The law seeks to give ganum‖ by Aristotle. dies of law, F. Bacon was striving to overcome dations on the government structure and the legal seemly form to the lives of men [...] for only to F. Bacon claims that the objective of scien- the dualism of the natural and positive law in fa- regulation system. those who obey it does it reveal its full and pecu- tific cognition is not observing nature as it was in vour of the positive law (law of the state), to Utilitarianism of J. S. Mill is based on un- liar excellence‖ (Hamburger, 1969, p. 17). Con- antiquity or cognition of God as in medieval phi- merge and express the requirements of both natu- derstanding social processes through the aggre- sidering this, we suppose that, for Democritus, to losophy, but the benefit and utility for the hu- ral justice and real policy of the state in law (pos- gated characteristics of the social agents them- achieve the common good, people need to obey mankind. Science is the means, not the end. Man itive law). The main requirements a good (fair) selves, just like the social nominalism. Individu- the law. And since, according to Democritus, is the master of nature. That is the leitmotiv of law must satisfy to ensure the achievement of the als are regarded as ―social atoms‖ creating a sum people are willing to achieve happiness and the the philosophy of F. Bacon. The activist utilitari- common good, are, for F. Bacon (2011), the fol- of certain properties, making up an integral meta- good (Vitz, 1979, p. 145) (and the pleasure may anism of F. Bacon means that with the emer- lowing: ―that law may be set down as good, quality that is sociality as such. For utilitarianism or may not be (Vitz, 1979, p. 146) the source of gence of man, nature decomposes into subject which is certain in meaning, just in precept, con- of J. S. Mill, being a product of empirically ori- happiness), the obedience to law may bring peo- and object, which are at the same time separated venient in execution, agreeable to the form of ented thought, this motivation is especially typi- ple (and the society as a whole) closer to the and connected through instrumental activity. government, and productive of virtue in those cal. This way, to extract the laws of social devel- common good. F. Bacon orients science towards seeking that live under it‖ (pp. 89-90). opment, to formulate the grounds for the behav- The analysis of works by antique philoso- truth not in books, but in practical activity, in the In the legal utilitarianism, a special place is ior of certain individuals, social groups and the phers and thinkers brings us to a conclusion on immediate observation and studies of nature and occupied by the work of J. S. Mill, one of the society as a whole, it is necessary to appeal to the the presence of certain ideas close to classical society. His philosophy may be understood as a founders of utilitarianism. Considering the meth- motivation of a single element of society, which utilitarianism; at that, developing their ideas, the revival of the antique natural philosophy with the odology used in the legal utilitarianism, J. S. Mill is a person. Once the motivation is found, it thinkers rely upon sense-perception of the reality. entire philosophical system of nature set in the developed five methods (canons) of causal rela- needs to be extrapolated to the aggregate of other Thus, the famous Russian philosopher of law, I. centre. Therefore, the central problem of the phi- tions between objects and phenomena discovered individuals, bringing up a new social property. V. Mikhaylovsky (1914), in his ―Essays on the losophy of F. Bacon is the problem of relations by various researchers: method of similarity For the utilitarian philosophers, such proto- Philosophy of Law‖ writes: ―the considered between man and nature. This problem was re- (agreement) – J. Scotus, method of difference – principle, unified for the sociality and the person branch of ethics [utilitarianism – remark by the solved in line with utilitarianism; therefore, it can W. Ockham, method of concomitant variations as an individual, is the principle of utility. authors] is quite old: it existed back in Greek be said that he laid the origin of utilitarian meth- (degrees) – F. Bacon, method of residuals – J. Based on everything stated above, we may philosophy; there is an opinion that Aristotle odology, which later also developed in the phi- Herschel, joint method of agreement and differ- conclude that a subject will be guided with the himself was a utilitarianist‖ (p. 30). losophy of pragmatism. ence (synthesis of two methods) first described principle of minimizing negative consequences In the modern period, there appeared a con- Activist utilitarianism of F. Bacon, based on by J. S. Mill himself. Then the said methods and maximizing positive consequences for him- stellation of researchers who continued the logi- the empirical cognition of the reality and his vi- were synthesized by J. S. Mill in his research self in any situation. In other words, an individu- cal development of ideas on the sense-perception sion of the law, is being widely spread. Thus, F. ―System of Logic, Ratiocinative and Inductive‖. al is always guided and motivated by what brings of the objectively existing reality. F. Bacon made Bacon considered the law to be grounded upon Having established the main canons of empirical utility to him. In this regard, utilitarianism, being the greatest influence on the establishment of justice and social benefit. They act as not only cognition, J. S. Mill used them as methodology a product of empiricism, claims that no matter empiricism. His works are based on the inductive the sources of law but also the criteria for law when developing his ethics and legal study based how thoroughly we study a subject, it is impossi-

WISDOM 1(14), 2020 36 37 37 Igor KOLOSOV, Konstantin SIGALOV

ble to discover any other activity besides that the studied object. Only theoretical cognition can based on the principle of maximizing utility. help recognize the essence of the subject, deter- Therefore, it appears important to highlight, mine its internal properties and causes. Moreo- that regardless of the research object, due to the ver, senses can be confusing; they cannot provide presence of sense-perception, the empiricism- a tool for revealing patterns and drawing conclu- based methodology of research, such as methods sions (which is especially important for the mac- of observation, experiment and follow-up pro- ro-level decision-making), and, therefore, such cessing of the results with the theoretical meth- cognition of reality cannot be comprehensive; it ods, when used correctly, will lead new know- means that the methodology of legal utilitarian- ledge. In terms of practical jurisprudence, the ism must be not of purely empirical, but also of above methodology can be used to improvement theoretical nature. of the legislation. For example, we see it necessary to monitor (i.e. to observe) the law enforce- The Theoretical Methodology of ment practice to detect gaps and inefficient legal the Legal Utilitarianism regulations in the legislation, which may lead to a decrease in the overall public well-being. Be- The thesis of R. Descartes, presented in his fore the introduction of such measures, to deter- ―Principles of Philosophy‖: ―Cogito, ergo sum‖ mine their efficiency and forecast the enforce- was the beginning of rationalism, which presents ment problems, in some situations, it appears a methodology or a theory ―in which the criterion reasonable to start a legal experiment. of truth is not sensory but intellectual and deduc- We assume that, regarding utilitarianism, tive‖ (Bourke, 1962, p. 263) as a basis. Besides, the empirical cognition methods allowed, first of rationalism operates such forms of cognition as all, to establish the main provisions of the theory, concept, judgment and logical consequence. and, secondly, to ensure its further development. Just like in empiricism, which recognized It is explained by the fact that such categories as sense-perception methods of cognition even be- ―utility‖, ―common good‖ and some others are fore F. Bacon, in rationalism, some cases of op- largely subjective, as expressed in the way they erating such forms of cognition as a notion, are evaluated by individuals, social groups, and judgment, and statement of reasons had also oc- the society as a whole. Therefore, cognition and curred before R. Descartes. comprehension of utilitarianism are possible To be more precise, it happened in Ancient when relied upon the empirical methods of re- India. The name of the political and legal treatise search. of Arthashastra is commonly translated from Apart from that, the methodology of legal Sanskrit as ―the science of politics‖. However, utilitarianism cannot be limited to empirical cog- besides the literal translation, the name of the nition alone. Despite the confrontation of the em- treatise is ―the science of benefit‖ or ―guide to pirical and theoretical methods of cognizing real- achieving utility‖ (―the science of politics‖ in ity, the opposition of induction and deduction, Sanskrit would sound as ―Nitishastra‖) (Kangle, cognition of law cannot be of pure empirical na- 2010; Kosambi, 1977, p. 141). ture. Empirical knowledge is not complete, as all The highlighted need for operating the prin- it provides is the idea of the external properties of ciple of utility, one of the utilitarianism compo-

WISDOM 1(14), 2020 38 38 Epistemological Foundations of Early Legal Utilitarianism

ble to discover any other activity besides that the studied object. Only theoretical cognition can nents, is found not only in the title but in the text branch of philosophy, it appeared much later), or based on the principle of maximizing utility. help recognize the essence of the subject, deter- of the treatise as well. For instance, Arthashastra rationalist component (the latter more applicable Therefore, it appears important to highlight, mine its internal properties and causes. Moreo- gives the state governors some practical recom- to Arthashastra) is still limited. It is limited, at that regardless of the research object, due to the ver, senses can be confusing; they cannot provide mendations on administration based on three least, with the boundaries of empiricism. presence of sense-perception, the empiricism- a tool for revealing patterns and drawing conclu- equal values, factors (being the dominating ones Later, in modern history, the ideas of using based methodology of research, such as methods sions (which is especially important for the mac- not only for statecraft but also for the daily life of theoretical methodology under the legal utilitari- of observation, experiment and follow-up pro- ro-level decision-making), and, therefore, such citizens): charity (or law, religion), wealth (or anism were also found in the works by B. de cessing of the results with the theoretical meth- cognition of reality cannot be comprehensive; it utility), desire (or pleasure, love) (Kautilya, Spinoza. According to Spinoza, one of the main ods, when used correctly, will lead new know- means that the methodology of legal utilitarian- 2016, Book I, Chapter 7, Paragraph 3). At the ways of acquiring knowledge is finding reasons ledge. In terms of practical jurisprudence, the ism must be not of purely empirical, but also of same time, Kautilya, the author of Arthashastra, based on consequences, or deduction of the es- above methodology can be used to improvement theoretical nature. gives his preferences to wealth: ―Kautilya holds sence of a thing from a general notion. This way of the legislation. For example, we see it neces- that wealth and wealth alone is important, inas- of cognition, though scientific, does not provide sary to monitor (i.e. to observe) the law enforce- The Theoretical Methodology of much as charity and desire depend upon wealth a truthful, strictly required knowledge adequate ment practice to detect gaps and inefficient legal the Legal Utilitarianism for their realization‖ (Kautilya, 2016, Book I, to the object, as the properties of the thing are not regulations in the legislation, which may lead to Chapter 7, Paragraph 4). perceived directly through its essence. Another a decrease in the overall public well-being. Be- The thesis of R. Descartes, presented in his The methodological basis for Arthashastra method of cognition, known as the main one, is fore the introduction of such measures, to deter- ―Principles of Philosophy‖: ―Cogito, ergo sum‖ treatise is the permanence of subject, i.e. state- the perception of a thing exclusively through its mine their efficiency and forecast the enforce- was the beginning of rationalism, which presents craft, and the unchangeability of human nature essence. This means of cognition referred to by ment problems, in some situations, it appears a methodology or a theory ―in which the criterion and the motives of human behaviour. Based on B. Spinoza as intuitive, provides, as per his theo- reasonable to start a legal experiment. of truth is not sensory but intellectual and deduc- that, the treatise actually operates the method of ry, an infallible knowledge, corresponding strict- We assume that, regarding utilitarianism, tive‖ (Bourke, 1962, p. 263) as a basis. Besides, historical analogies and examples, which is a ly to the essence of the thing. For B. Spinoza, the empirical cognition methods allowed, first of rationalism operates such forms of cognition as constituent part of the rational cognition of reali- intuition is not a mystical category; it means ra- all, to establish the main provisions of the theory, concept, judgment and logical consequence. ty. tionalistic cognition of the essence of things and, secondly, to ensure its further development. Just like in empiricism, which recognized It makes it possible to draw a parallel be- based on the cognition of the essence of a sub- It is explained by the fact that such categories as sense-perception methods of cognition even between the foundation and methodology of Ar- stance. Despite the seemingly abstract nature of ―utility‖, ―common good‖ and some others are fore F. Bacon, in rationalism, some cases of op- thashastra and utilitarianism of J. Bentham. B. Spinoza‘s reasons of substance, attributes and largely subjective, as expressed in the way they erating such forms of cognition as a notion, Thus, for the latter, it is not only empiricism but modus, his philosophy is distinctively practice- are evaluated by individuals, social groups, and judgment, and statement of reasons had also oc- also rationalism and epistemological optimism oriented and applicable, inter alia, to the analysis the society as a whole. Therefore, cognition and curred before R. Descartes. that are intrinsic. Logical contemplations underly of state and legal phenomena. comprehension of utilitarianism are possible To be more precise, it happened in Ancient both Arthashastra and utilitarianism of J. Ben- Thus, according to his vision, the increment when relied upon the empirical methods of re- India. The name of the political and legal treatise tham. At the same time, an emphasis on review of social good is possible through law-making search. of Arthashastra is commonly translated from of the established social values, such as legal and enactment of the right laws. And at all that, Apart from that, the methodology of legal Sanskrit as ―the science of politics‖. However, values, partial rejection (for Arthashastra) and since people have their own needs, there is an utilitarianism cannot be limited to empirical cog- besides the literal translation, the name of the reproach (for the utilitarianism of J. Bentham) urge for a law to ensure that the satisfaction of nition alone. Despite the confrontation of the em- treatise is ―the science of benefit‖ or ―guide to for the religious superstitions and moral preju- those needs does not harm other persons. Particu- pirical and theoretical methods of cognizing real- achieving utility‖ (―the science of politics‖ in dice are also typical. larly, B. Spinoza (1891) remarks: ―if men were ity, the opposition of induction and deduction, Sanskrit would sound as ―Nitishastra‖) (Kangle, The main factor for the political and legal so constituted by nature that they desired nothing cognition of law cannot be of pure empirical na- 2010; Kosambi, 1977, p. 141). issues for Arthashastra and the utilitarianism of J. but what is designated by true reason, society ture. Empirical knowledge is not complete, as all The highlighted need for operating the prin- Bentham is not a traditional (customary), but ra- would obviously have no need of laws: it would it provides is the idea of the external properties of ciple of utility, one of the utilitarianism compo- tionalistic view. However, rationalism (as a be sufficient to inculcate true moral doctrines;

WISDOM 1(14), 2020 38 39 39 Igor KOLOSOV, Konstantin SIGALOV

and men would freely, without hesitation, act in who wrote that agents to ―attain maximum satis- accordance with their true interests. But human faction‖ (p. 125), W. S. Jevons (1871) – ―econ- nature is framed in a different fashion: everyone, omy as a calculus of pleasure and pain‖ (p. vii) indeed, seeks his own interest‖ (p. 74). There- and F. Y. Edgeworth (1881) – ―principles of fore, the laws enforced through pressure from the greatest happiness, utilitarian or egoistic consti- state shall act as a deterrent factor, restraining tute the first principles of ethics and economics‖ crime and offence, that would increase the utility (p. v). for the lawbreaker to the detriment of the utility In ―Essay on Bentham‖ by J. S. Mill re- for other persons and (or) the common good. marked the theoretical methodology in the Later, in the classical utilitarianism, the the- framework of the legal utilitarianism of J. Ben- oretical methods were used along with the empir- tham. For instance, J. S. Mill writes, that J. Ben- ical ones. At that, the methodology of the natural tham has an inclination to analysis and synthesis. law school which appeared in modern history, ―He began de novo, laid his own foundations before the classical utilitarianism was estab- deeply and firmly, built up his own structure, and lished, is also not based on the empirical process bade mankind compare the two; it was when he alone (such as J. Locke), but also on the theoreti- had solved the problem himself, or thought he cal process of cognition. Thus, A. M. Mikhaylov had done so, that he declared all other solutions (2019) remarks the presence of ―mathematical to be erroneous‖ (Mill, 1985, p. 82), characteriz- rationalism of the natural legal philosophy‖ (p. ing, therefore, the legal utilitarianism of J. Ben- 203), particularly, in the works by Christian von tham as synthetic, and, in this regard, second to Wolff, where the natural law system is built de- none. After all, the ―moral arithmetic‖ of J. Ben- ductively, as a logically complete chain of axi- tham, ―mathematizing‖ the analysis of possible oms, arguments and consequences (―mos math- results of the action and suggesting the decisions ematicus‖), with a geometrical precision devel- to be taken on the basis of continuous compari- oping the comprehensive system of the natural son of quantitative properties of pleasure and law (Anners, 1996, p. 227). J. A. Schumpeter pain, are based on the theoretical methods of (2006) remarks that ―in approach, in methodolo- cognizing reality. gy, and in the nature of its results utilitarianism To maximize the utility, J. Bentham comes actually was another, the last, natural-law sys- up with the idea to create ―Pannomion‖, which, tem‖ (p. 128). Remarkably, similar to the way according to his ideas, may ensure maximization Chr. von Wolff developed natural legal philoso- of the common good (common utility). ―Pan- phy with the mathematical methods of rational- nomion‖ is supposed to present a collection of ism on the basis of ―De Jure Belli ac Pacis‖ by laws which, according to J. Bentham, should not H. Grotius, the late 19th-century marginalism, contain a large number of certain rules for a law using the mathematical apparatus, on the basis of enforcer, which would not leave space for fol- utilitarianism becomes a theory which made it lowing the principle of utility directly when the possible to calculate and compare the utility, in- essence of social relations does not require any cluding the social ones, and, particularly, legal compulsory imperative regulation. ―Pannomion‖ regulation. The utilitarian origins of marginalism should more likely to be a set of ―a somewhat ground from the thoughts of L. Walras (1965), small numbers of quite general rules broadly de-

WISDOM 1(14), 2020 40 40 Epistemological Foundations of Early Legal Utilitarianism

and men would freely, without hesitation, act in who wrote that agents to ―attain maximum satis- fined‖ (Postema, 1986, p. 430). That requires to thing to command assent, except that the mea- accordance with their true interests. But human faction‖ (p. 125), W. S. Jevons (1871) – ―econ- determine a rational, comprehensive method, that ning of the terms is understood. According to the nature is framed in a different fashion: everyone, omy as a calculus of pleasure and pain‖ (p. vii) would allow the systematic establishment of the other doctrine, right and wrong, as well as truth indeed, seeks his own interest‖ (p. 74). There- and F. Y. Edgeworth (1881) – ―principles of laws conforming to the principle of utility. Given and falsehood, are questions of observation and fore, the laws enforced through pressure from the greatest happiness, utilitarian or egoistic consti- the diversity of social relations and invariance of experience‖ (pp. 6-7). state shall act as a deterrent factor, restraining tute the first principles of ethics and economics‖ life situations, such method must be rather be In epistemology, the question of the source crime and offence, that would increase the utility (p. v). based not on the need to foresee and regulate all of true knowledge remains relevant. As the man for the lawbreaker to the detriment of the utility In ―Essay on Bentham‖ by J. S. Mill re- possible actions of the subjects of law with an perceives the world through the senses and mind, for other persons and (or) the common good. marked the theoretical methodology in the enormous number of quite precise rules not leav- it appears right to find out what the construction Later, in the classical utilitarianism, the the- framework of the legal utilitarianism of J. Ben- ing any questions to be resolved at the discretion of knowledge starts from, from the sensual im- oretical methods were used along with the empir- tham. For instance, J. S. Mill writes, that J. Ben- of the law enforcers including the court, but be pressions or the work of the mind. Along with ical ones. At that, the methodology of the natural tham has an inclination to analysis and synthesis. oriented on more general regulation with few le- that, empirical and theoretical knowledge are two law school which appeared in modern history, ―He began de novo, laid his own foundations gal provisions (Postema, 1986, p. 422), if those types of reflecting the reality, inextricably inter- before the classical utilitarianism was estab- deeply and firmly, built up his own structure, and are not the most significant social relations, twined, characterizing the integrated process of lished, is also not based on the empirical process bade mankind compare the two; it was when he which will also facilitate stability of legal regula- cognition. The generation of senses has a rational alone (such as J. Locke), but also on the theoreti- had solved the problem himself, or thought he tion. component, while in thinking, it is possible to cal process of cognition. Thus, A. M. Mikhaylov had done so, that he declared all other solutions That explains the difference in utilitarian find some sensual, emotional, empirical content. (2019) remarks the presence of ―mathematical to be erroneous‖ (Mill, 1985, p. 82), characteriz- ideas in the applied methodological approach. The sensual stage reflects phenomena. The ra- rationalism of the natural legal philosophy‖ (p. ing, therefore, the legal utilitarianism of J. Ben- Both J. S. Mill and his opponents spoke of the tional reveals the essence of things, facilitates 203), particularly, in the works by Christian von tham as synthetic, and, in this regard, second to contradictions between them as an argument be- comprehension of the underlying laws of their Wolff, where the natural law system is built de- none. After all, the ―moral arithmetic‖ of J. Ben- tween the two opposite schools of thought: intui- existence. Based on the above and under the le- ductively, as a logically complete chain of axi- tham, ―mathematizing‖ the analysis of possible tive (sensual, empirical) and inductive (rational) gal utilitarianism, it is considered reasonable to oms, arguments and consequences (―mos math- results of the action and suggesting the decisions approaches. This is vividly manifested in the an- assert an ambivalent nature of the applied meth- ematicus‖), with a geometrical precision devel- to be taken on the basis of continuous compari- swers of J. S. Mill to the opinions of H. Sidgwick odology. For the legal utilitarianism, both empir- oping the comprehensive system of the natural son of quantitative properties of pleasure and and W. Whewell, two of his most remarkable ical ad theoretical methods of cognizing reality in law (Anners, 1996, p. 227). J. A. Schumpeter pain, are based on the theoretical methods of opponents, to the main claim against utilitarian- their interaction are intrinsic. (2006) remarks that ―in approach, in methodolo- cognizing reality. ism, that it neglects the internal dictate of the gy, and in the nature of its results utilitarianism To maximize the utility, J. Bentham comes conscience. The reaction of J. S. Mill to the state- Conclusion and Results actually was another, the last, natural-law sys- up with the idea to create ―Pannomion‖, which, ments made by W. Whewell in this regard in tem‖ (p. 128). Remarkably, similar to the way according to his ideas, may ensure maximization 1852, literally repeat the answer of J. S. Mill to In view of various ethics and legal studies, Chr. von Wolff developed natural legal philoso- of the common good (common utility). ―Pan- H. Sidgwick in 1835. Thus, he remarks that even based on or using the principle of utility, it ap- phy with the mathematical methods of rational- nomion‖ is supposed to present a collection of though both parties of the argument recognize pears necessary to remark that the principle of ism on the basis of ―De Jure Belli ac Pacis‖ by laws which, according to J. Bentham, should not the presence of moral feelings and conscience, utility is connected to the methodology. Thus, H. Grotius, the late 19th-century marginalism, contain a large number of certain rules for a law ―there are two theories considering the origin of the philosophic outlook of Aristotle, Plato, De- using the mathematical apparatus, on the basis of enforcer, which would not leave space for fol- these phenomena, which have been dividing phi- mocritus, and, later, some works written in mod- utilitarianism becomes a theory which made it lowing the principle of utility directly when the losophers since the earliest ages of philosophy‖ ern history, are based on the empirical methodol- possible to calculate and compare the utility, in- essence of social relations does not require any (Mill, 1961-91, pp. 51, 172). J. S. Mill (2001) ogy. Rationalism begins to manifest itself in the cluding the social ones, and, particularly, legal compulsory imperative regulation. ―Pannomion‖ again turns to this dichotomy in his ―Utilitarian- works applying the principle of utility written in regulation. The utilitarian origins of marginalism should more likely to be a set of ―a somewhat ism‖: ―According to the one opinion, the princi- modern history. Nevertheless, some rationalism ground from the thoughts of L. Walras (1965), small numbers of quite general rules broadly de- ples of morals are evident a priori, requiring no- components appear earlier. At the same time,

WISDOM 1(14), 2020 40 41 41 Igor KOLOSOV, Konstantin SIGALOV

basically, the rationalistic trend related to the ceeds the ―pain‖ of the victim, or if the first can principle of utility appears only in the works by compensate the caused damage in a way that B. Spinoza, C. Beccaria, J. Bentham. makes a positive impact on the utility function of Before J. Bentham, the ethics and legal con- the victim (compared to the moment before the cepts of utilitarianism mostly appealed to empiri- offence). In this regard, the total utility has in- cism as the preferred methodology. The rational- creased, such an offence would not be consid- ism of B. Spinoza doubtlessly made a great im- ered as socially dangerous from the perspective pact on the development of philosophy, but it of utilitarianism, or it may be even found to be cannot be completely included into the ethics and socially preferable for it was oriented at the in- legal concept of utilitarianism since he did not crement of overall utility. Consequently, as the develop any cohesive ethics and legal concept legal utilitarianism claims that this should be the based on the principle of utility. fundamental principle of the legal policy, it The main contribution into the theoretical would encourage an offender because his wrong- development of applying the principle of utility ful behaviour maximizes his and total happiness. to the state and legal phenomena was made by As utilitarianism postulates, the achievement of representatives of classical utilitarianism, J. Ben- happiness by one individual in a society is a con- tham and J. S. Mill. Along with that, further de- tribution to the achievement of the whole socie- velopment of the methodology for making legal- ty‘s overall happiness. This fact is the ―dark ly and politically relevant decisions in the side‖ of one of the utilitarianism properties: its framework of the legal utilitarianism generated a tolerance to various concepts of good. The legal need for summing up the utility from the perfor- utilitarianism is so individualistic in its prerequi- mance of different actions to maximize the utility sites that it gives the same ―status‖ to criminals of such decision, as was also expressed in the enjoying committing offences on one side, and to ―moral arithmetic‖ by J. Bentham, which, in its heroic police officers, firefighters or a brilliant turn, contradicts the moral intuitions. engineer on the other. Let us suppose that someone has such a de- To our mind, this side of the utilitarianism veloped sense of pleasure that he gets twice as concept should not be supported, and, therefore, much pleasure of a certain amount of monetary such theory premises should not underlie the de- units (or any other measurable commodity) as velopment of legal policy. Supporting this prop- another person experiencing less satisfaction of erty of utilitarianism, we would behave like a material commodities. Can it be taken as a rea- ―happy pig‖ J. S. Mill had been warning us son to redistribute the commodities from the se- against. This side of the legal utilitarianism con- cond person to the first? It would make a larger tradicts both the general legal values, such as jus- increment of utility for the first person than the tice, defence, and provision of rights and free- decrease of utility for the second; therefore, as doms, the principle of equality, and the moral per this logic, the aggregate utility would in- values. crease. A utilitarian philosopher is likely to give At the same time, adherence to the universal a positive answer to this question. Similarly, the principle of equality is supposed to make a disci- legal utilitarianism may excuse crimes and other plinary effect on all spheres of social relations offences if the ―pleasure‖ of the lawbreaker ex- and to act as an underlying criterion for the as-

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basically, the rationalistic trend related to the ceeds the ―pain‖ of the victim, or if the first can sessment of legal regulation of not only rights Bernstein, R. F. (1979). Legal Utilitarianism. principle of utility appears only in the works by compensate the caused damage in a way that and freedoms provided by law, but also of the Ethics, 89(2), 127-146. B. Spinoza, C. Beccaria, J. Bentham. makes a positive impact on the utility function of rights acquired on the basis of law; compliance doi: 10.1086/292092. Before J. Bentham, the ethics and legal con- the victim (compared to the moment before the with the principle, guaranteeing protection from Bourke, V. J. (1962). Rationalism, in Dictionary cepts of utilitarianism mostly appealed to empiri- offence). In this regard, the total utility has in- any form of discrimination in the exercise of of Philosophy (D. D. Runes, Ed.). To- cism as the preferred methodology. The rational- creased, such an offence would not be consid- rights and freedoms, forbids, inter alia, to intro- towa, NJ: Littlefield, Adams and Com- ism of B. Spinoza doubtlessly made a great im- ered as socially dangerous from the perspective duce such difference in the rights of people be- pany. pact on the development of philosophy, but it of utilitarianism, or it may be even found to be longing to the same category. We may suggest, Edgeworth, F. Y. (1881). Mathematical Psy- cannot be completely included into the ethics and socially preferable for it was oriented at the in- therefore, that maximization of utility cannot act chics. An Essay on the Application of legal concept of utilitarianism since he did not crement of overall utility. Consequently, as the as such an excuse, for it creates inequality not Mathematics to the Moral Sciences. develop any cohesive ethics and legal concept legal utilitarianism claims that this should be the due to any objective socially relevant factors, but London: Kegan Paul & Co. based on the principle of utility. fundamental principle of the legal policy, it due to a certain elasticity of utility functions of a Evans, M (2004). Can Epicureans Be Friends? The main contribution into the theoretical would encourage an offender because his wrong- certain individual. Ancient Philosophy, 24(2), 407-424. development of applying the principle of utility ful behaviour maximizes his and total happiness. doi.:10.5840/ancientphip200424250. to the state and legal phenomena was made by As utilitarianism postulates, the achievement of REFERENCES Fuller, L. L. (1941). Consideration and Form. representatives of classical utilitarianism, J. 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The Legal Pro- mance of different actions to maximize the utility sites that it gives the same ―status‖ to criminals Moscow: Nauka. cess: Basic Problems in the Making of such decision, as was also expressed in the enjoying committing offences on one side, and to Aristotle (1906). The Nicomachean Ethics. (F.H. and Application of Law. Cambridge, ―moral arithmetic‖ by J. Bentham, which, in its heroic police officers, firefighters or a brilliant Peters, Trans.). London: Kegan Paul, Massachusetts. turn, contradicts the moral intuitions. engineer on the other. Trench, Trubner & Co. Jevons, W. S. (1871). The Theory of Political Let us suppose that someone has such a de- To our mind, this side of the utilitarianism Aristotle (1991). Complete Works. Vol 1. Phys- Economy. London: Macmillan. veloped sense of pleasure that he gets twice as concept should not be supported, and, therefore, ics. Princeton, N.J.: Princeton Universi- Kangle, R. P. (2010). The Kautiliya Arthasastra much pleasure of a certain amount of monetary such theory premises should not underlie the de- ty Press. (2nd ed.). Delhi: Motilal Banarsidass. units (or any other measurable commodity) as velopment of legal policy. Supporting this prop- Bacon, F. (2011). The Works of Francis Bacon. Kapteyn, A. J. (1985). Utility and Economics. another person experiencing less satisfaction of erty of utilitarianism, we would behave like a Vol. 5: Translations of the Philosophi- De Economist, 133(1), 1-20. material commodities. Can it be taken as a rea- ―happy pig‖ J. S. Mill had been warning us cal Works. New York: Cambridge Uni- doi: 10.1007/BF01675959. son to redistribute the commodities from the se- against. This side of the legal utilitarianism con- versity Press. Kautilya (2016). The Arthashastra. Create Space cond person to the first? It would make a larger tradicts both the general legal values, such as jus- Bedau, H. (1983). Bentham‘s Utilitarian Critique Independent Platform. California: increment of utility for the first person than the tice, defence, and provision of rights and free- of the Death Penalty. The Journal of Scotts Valley. decrease of utility for the second; therefore, as doms, the principle of equality, and the moral Criminal Law and Criminology, 74(3), Kosambi, D. D. (1977). The Culture and Civili- per this logic, the aggregate utility would in- values. 1033-1065. doi: 10.2307/1143143. zation of Ancient India. New Delhi: Vi- crease. A utilitarian philosopher is likely to give At the same time, adherence to the universal Bentham, J. (2000). An Introduction to the Prin- kas Publishing House. a positive answer to this question. Similarly, the principle of equality is supposed to make a disci- ciples of Morals and Legislation Jere- Locke, J. (1836). An Essay Concerning Human legal utilitarianism may excuse crimes and other plinary effect on all spheres of social relations my Bentham. Kitchener: Batoche Understanding. London: T. Tegg and offences if the ―pleasure‖ of the lawbreaker ex- and to act as an underlying criterion for the as- Books. Son.

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Mikhaylov, A. M. (2019). Sravnitel‘noye pravo- to). Wildside Press LLC. vedeniye: dogma romano-germanskogo Posner, R. (1979). Utilitarianism, Economics, prava (Comparative Law: Dogma of and Legal Theory. The Journal of Le- Romano-German Law, in Russian). gal Studies, 8(1), 103-140. Moscow: Izdatel‘stvo Yurayt. doi: 10.1086/467603. Mikhaylovsky, I. V. (1914). Ocherki filosofii Postema, G. J. (1986). Bentham and the Com- prava (Essays on the Philosophy of mon Law Tradition. Oxford: Clarendon Law, in Russian). (Vol. 1). Tomsk: Iz- Press. danie knizhnogo magazina Posokhina Schumpeter, J. A. (2006). History of Economic V. M. Analysis. (E. B. Schumpeter, Ed.; M. Mill, J. S. (1961-91). The Collected Works of Perlman, Intrd.). Routledge. The Taylor John Stuart Mill. (J. Robson, Ed.). To- & Francis e-Library. ronto: University of Toronto Press. Spinoza, B. (1891). The Chief Works of Benedict Mill, J. S. (1985). The Collected Works, Vol. X – de Spinoza. (R.H.M. Elwes, Trans. and Essays on Ethics, Religion and Society Intrd). (Vol. I). London: George Bell (J. M. Robson, Ed.). Toronto: Universi- and Sons. ty of Toronto Press; London: Routledge Terry, H. T. (1915). Negligence. Harvard Law and Kegan Paul. Review, 29(1), 40-54. Mill, J. S. (2001). Utilitarianism. Kitchener: Ba- doi: 10.2307/1325735. toche Books. Vitz, B. B. (1979). Demokrit (Democritus, in Ostroukh, A. N. (2002). Uchenie Bentama o pra- Russian). Moscow: Mysl‘. ve (Bentham‘s Doctrine of Law, in Walras, L. (1965). Elements of Pure Economics. Russian). PhD thesis. Moscow. (W. Jaffe, Trans.). London: George Al- Plato (1921). The Laws of Plato (E. B. England, len and Unwin. & D. Litt, Eds. and Intrd.). (Vol. 1, Weinrib, E. (1980). Utilitarianism, Economics, Books I-IV). Manchester, at the Uni- and Legal Theory. The University of versity Press; Longmans, Green & Co. Toronto Law Journal, 30(3), 307-332. London, New York, Bombay, etc. doi: 10.2307/825489. Plato (2018). The Republic (The Republic of Pla-

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Mikhaylov, A. M. (2019). Sravnitel‘noye pravo- to). Wildside Press LLC. DOI: 10.24234/wisdom.v14i1.327 vedeniye: dogma romano-germanskogo Posner, R. (1979). Utilitarianism, Economics, Natalia KUTUZA, prava (Comparative Law: Dogma of and Legal Theory. The Journal of Le- Inna KRAVETS Romano-German Law, in Russian). gal Studies, 8(1), 103-140. Moscow: Izdatel‘stvo Yurayt. doi: 10.1086/467603. LINGUOPHILOSOPHICAL ASPECT OF COMMUNICATIVE INFLUENCE: Mikhaylovsky, I. V. (1914). Ocherki filosofii Postema, G. J. (1986). Bentham and the Com- THEORETICAL BASIS prava (Essays on the Philosophy of mon Law Tradition. Oxford: Clarendon Law, in Russian). (Vol. 1). Tomsk: Iz- Press. Abstract danie knizhnogo magazina Posokhina Schumpeter, J. A. (2006). History of Economic V. M. Analysis. (E. B. Schumpeter, Ed.; M. The article deals with the phenomenon of communicative influence in linguistics and philosophy. Mill, J. S. (1961-91). The Collected Works of Perlman, Intrd.). Routledge. The Taylor The subject of the study was the theoretical basis of communicative influence. The purpose of this article John Stuart Mill. (J. Robson, Ed.). To- & Francis e-Library. is to consider communicative influence in linguophilosophical aspect. A number of research methods have ronto: University of Toronto Press. Spinoza, B. (1891). The Chief Works of Benedict been used to achieve this goal: descriptive; specifics; method of analysis and synthesis; modeling method; Mill, J. S. (1985). The Collected Works, Vol. X – de Spinoza. (R.H.M. Elwes, Trans. and induction method. Essays on Ethics, Religion and Society Intrd). (Vol. I). London: George Bell It is found that philosophers have focused their attention on the ―magic‖ of the word when studying (J. M. Robson, Ed.). Toronto: Universi- and Sons. influence; close connection of spirit, soul with language, psychophysiological phenomena; inaccuracies ty of Toronto Press; London: Routledge Terry, H. T. (1915). Negligence. Harvard Law and variability of interpretation of reality; language as activity, motives for action. In the linguistic aspect, and Kegan Paul. Review, 29(1), 40-54. in the light of new and emerging disciplines, attention is focused on the variability, imagery, associative Mill, J. S. (2001). Utilitarianism. Kitchener: Ba- doi: 10.2307/1325735. potential of lexemes and linguistic complexes, which is a suggestogenic potential, which is analyzed at all toche Books. Vitz, B. B. (1979). Demokrit (Democritus, in linguistic levels. Emphasized that the language in general is suggestive phenomenon. The authors propose Ostroukh, A. N. (2002). Uchenie Bentama o pra- Russian). Moscow: Mysl‘. to consider the impact actualizers (suggestems/suggestogens) according to the degree of suggestiveness ve (Bentham‘s Doctrine of Law, in Walras, L. (1965). Elements of Pure Economics. manifestation, where implementation at two language levels is weak actualization, at three - moderate, Russian). PhD thesis. Moscow. (W. Jaffe, Trans.). London: George Al- more than three - strong. Plato (1921). The Laws of Plato (E. B. England, len and Unwin. & D. Litt, Eds. and Intrd.). (Vol. 1, Weinrib, E. (1980). Utilitarianism, Economics, Keywords: communicative influence, linguistics, language, degree of intensity, suggestion, philoso- Books I-IV). Manchester, at the Uni- and Legal Theory. The University of phy. versity Press; Longmans, Green & Co. Toronto Law Journal, 30(3), 307-332. London, New York, Bombay, etc. doi: 10.2307/825489. Plato (2018). The Republic (The Republic of Pla- Introduction which emphasizes the relevance of the proposed

article. Communicative influence is an interdisci- The purpose of the article is to consider plinary subject for the study of the natural, social communicative influence in the linguistic and and human sciences, each of which analyses a philosophical aspect. The purpose is to solve the separate component of this multicomponent, following tasks: to find out the philosophical and complex phenomenon. The integration of the linguistic nature of influence; outline the influen- philosophical, medical, psychological, pedagogi- tial potential of language; to identify the main cal and other fields of knowledge makes it possi- factors that formed the basis of the linguistic ble to make a stereometric approach to the study teaching of communicative influence. of influence and its maximum ecological appli- The philosophical aspects of influence and cation in the modern communicative space, suggestion as a variety of it were touched upon

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by scientists H. Weihinger, L. Wittgenstein, H. influence is noted by the increased attention of G. Gadamer, M. Heidegger, G. A. Goncharov, E. both Ukrainian and foreign scientists (D. Aaker, Husserl, A. Korzhibsky, I. Y. Cherepanova and I. M Dzialoshynsky, V. G. Zazykin, A. P. Zag- many other researchers, since ―The comprehen- nitko, S. G. Kara-Murza, T. Y. Kovalevska, G. sion of the essence of man, his consciousness, A. Kopnina, O. O. Selivanova, N. V. Chumiche- soul, sense of existence occurred in accordance va, etc.), which rely not only on classical linguis- with the problems of the influence of language‖ tic directions (rhetoric, stylistics), but also in- (Cherepanova, 2001, p. 26). Scientists in the pro- volve the latest disciplines (pragmalinguistics, cess of thinking about language, its influence on suggestive and communicative linguistics), neu- the spiritual world of man, his views and actions, rolinguistic programming, cognitive, neuro and etc. focused their attention on such issues as the psycholinguistics, etc.). ―magic‖ of the word (R. Barthes, M. Heidegger, J. Lacan, P. Florensky); close connection of spir- Research Methods it, soul with psychophysiological phenomena, with language (M. Heidegger, G. A. Goncharov, In the process of achieving the goal, the fol- V. Humboldt, R. Y. Kies, O. O. Potebnya) and lowing methods are applied: descriptive to high- the influence of language on the world percep- light the nature of the communicative influence; tion of man (V. Humboldt , L. Weisgerber, E. specifics of the review of influence in philosophy Sapir, B. Worf); the inaccuracy and variability of and linguistics; a method of analysis and synthe- the interpretation of reality (F. Bacon, M. Hei- sis for the identification of the components of degger, A. Korzhibski, J. Locke); language as communicative influence and the combination of activity, motives for action (H. Weihinger, L. their single complex; modeling method for con- Wittgenstein) and others. structing the degree of suggestiveness expres- Linguistic aspects of influence were also in- sion; the induction method served to conclude terested in Ancient Greece and Rome, where the general conclusions. ―the Sophists proposed the practice of influencing the art of conducting ethical debates, as well Discussion as the principle of lobbying, that is, the desire to persuade legislators the ability to persuade‖ P. A. Florensky skillfully described the (Manakin, 2011, p. 197). Scientific systematic ―magical‖ power of the word in the sense of its study of influence as a constant of communica- influential potentials: ―A magically powerful tion falls in the 40-60‘s in the West, in the 60- word does not need ... of course individually- 80‘s of the twentieth century. in the Soviet Union personal tension of will or even a clear con- and is carried out mainly within the limits of sciousness of its meaning. It itself concentrates psycholinguistics in the works of such famous the energy of the spirit ..., directed away from scientists as R. Blakar, T. M. Dridze, P. Laz- where it is directed by the very act of intention ... arfeld, G. Lasswell, O. O. Leontiev, O. I. Negne- And speech, as it is not considered powerless, vitskaya, M. Rubakin, L. V. Sakharnyi, Y. O. operates in the world, creating a similar‖ (Flo- Sorokin, E. F. Tarasov, L. Howland, and others. rensky, 2000, p. 249). O. T. Yudanova (2003) The current state of study of communicative explains the contextual uses of P. A. Florensky

WISDOM 1(14), 2020 46 46 Linguophilosophical Aspect of Communicative Influence: Theoretical Basis

by scientists H. Weihinger, L. Wittgenstein, H. influence is noted by the increased attention of for the word ―magically‖ as ―energized‖, and the the spiritual world of man‖ (Kies, 2002, p. 100), G. Gadamer, M. Heidegger, G. A. Goncharov, E. both Ukrainian and foreign scientists (D. Aaker, words ―magic‖ as actions aimed at using these which resonates with J. Lacan‘s (1953) belief Husserl, A. Korzhibsky, I. Y. Cherepanova and I. M Dzialoshynsky, V. G. Zazykin, A. P. Zag- energies by the will of man, emphasizing that in that ―language structures the person‖, modifying many other researchers, since ―The comprehen- nitko, S. G. Kara-Murza, T. Y. Kovalevska, G. P. A. Florensky‘s terminology ―Magic of the the processes of perception, understanding and sion of the essence of man, his consciousness, A. Kopnina, O. O. Selivanova, N. V. Chumiche- word‖ is a language suggestion (p. 23). Empha- thinking in each linguistic-national circle in their soul, sense of existence occurred in accordance va, etc.), which rely not only on classical linguis- sizing the powerful power of the word, R. own way (see Kies, 2002, pp. 100-101) accord- with the problems of the influence of language‖ tic directions (rhetoric, stylistics), but also in- Barthes (1996) also emphasized that the proper ing to the psychological characteristics of the (Cherepanova, 2001, p. 26). Scientists in the pro- volve the latest disciplines (pragmalinguistics, ―word is a form of power‖ (p. 93), since the sub- individual. cess of thinking about language, its influence on suggestive and communicative linguistics), neu- ject of influence can control the object of influ- According to G. A. Goncharov, there are the spiritual world of man, his views and actions, rolinguistic programming, cognitive, neuro and ence. Analyzing the works of M. Heidegger, the two philosophical views on the phenomenon of etc. focused their attention on such issues as the psycholinguistics, etc.). scientist S. M. Kvit (2003) distinguishes such a influence: idealistic and materialistic (Goncha- ―magic‖ of the word (R. Barthes, M. Heidegger, basic position as the important role of language, rov, n.d.), where the idealistic is that ―the spirit is J. Lacan, P. Florensky); close connection of spir- Research Methods which is the central component of influence in primary, and matter is secondary, derived from it, soul with psychophysiological phenomena, human life: ―Man behaves as if he were the crea- the spirit, subordinated to the principle of cau- with language (M. Heidegger, G. A. Goncharov, In the process of achieving the goal, the fol- tor and master of language, while in fact, it is the sality, time and space categories; the spirit is free, V. Humboldt, R. Y. Kies, O. O. Potebnya) and lowing methods are applied: descriptive to high- language that owns it‖ (p. 59), that is, ―not only it does not know causal dependence, acts out of the influence of language on the world percep- light the nature of the communicative influence; does the creator create the language, but also time and space‖ (Goncharov, n.d.). From the tion of man (V. Humboldt , L. Weisgerber, E. specifics of the review of influence in philosophy lends itself to the power of language by the act of point of view of the materialistic view of influ- Sapir, B. Worf); the inaccuracy and variability of and linguistics; a method of analysis and synthe- linguistics‖ (Kiеs, 2002, p. 100). Thus, the lan- ence, the spirit, the soul are derivatives of the the interpretation of reality (F. Bacon, M. Hei- sis for the identification of the components of guage has ―magical‖ properties, that is, a power- brain, its function; psychic phenomena are inex- degger, A. Korzhibski, J. Locke); language as communicative influence and the combination of ful influential potential, it controls a person, tricably linked to the brain physiological pro- activity, motives for action (H. Weihinger, L. their single complex; modeling method for con- dominates it, induces certain speech or behavior- cesses and with them are strictly determined, oc- Wittgenstein) and others. structing the degree of suggestiveness expres- al actions that are aware and emphasized by curring in time and space (Goncharov, n.d.) that Linguistic aspects of influence were also in- sion; the induction method served to conclude known representatives of world philosophical is, the mental and spiritual state characterize, de- terested in Ancient Greece and Rome, where the general conclusions. thought. termine certain mental processes of man, which ―the Sophists proposed the practice of influenc- V. Humboldt (1984) emphasized the close attests to the extraordinary importance of the lin- ing the art of conducting ethical debates, as well Discussion connection between spirit and soul with psycho- guistic aspect of the phenomenon of influence, as the principle of lobbying, that is, the desire to physiological phenomena: ―Language is the since Language can influence the spiritual world persuade legislators the ability to persuade‖ P. A. Florensky skillfully described the united spiritual energy of the people, miraculous- of a person, structure and construct it according- (Manakin, 2011, p. 197). Scientific systematic ―magical‖ power of the word in the sense of its ly imbued with certain sounds, in this embodi- ly. study of influence as a constant of communica- influential potentials: ―A magically powerful ment and through the interconnection of their The powerful influential ability of language tion falls in the 40-60‘s in the West, in the 60- word does not need ... of course individually- sounds, it is understood by all speakers and is based on the well-known hypothesis of the 80‘s of the twentieth century. in the Soviet Union personal tension of will or even a clear con- evokes approximately the same energy in them‖ linguistic relativity of Sapir ‒ Worf, which, in and is carried out mainly within the limits of sciousness of its meaning. It itself concentrates (p. 349). In reflecting on O. O. Potebnya‘s views turn, is based on the ideas of W. Humboldt, psycholinguistics in the works of such famous the energy of the spirit ..., directed away from on the role of language in human life, R. Kies where language imposes on man norms of cogni- scientists as R. Blakar, T. M. Dridze, P. Laz- where it is directed by the very act of intention ... notes that the scientist also relied on V. Hum- tion, thinking and social behavior: we can only arfeld, G. Lasswell, O. O. Leontiev, O. I. Negne- And speech, as it is not considered powerless, boldt‘s opinion: ―Potebnya considered language know, understand and realize which is embedded vitskaya, M. Rubakin, L. V. Sakharnyi, Y. O. operates in the world, creating a similar‖ (Flo- not only as a means of expression or expression in our language (Cherepanova, 2001, p. 35), and Sorokin, E. F. Tarasov, L. Howland, and others. rensky, 2000, p. 249). O. T. Yudanova (2003) of thought, but also as an active factor in the therefore, ―the knowledge of the world depends The current state of study of communicative explains the contextual uses of P. A. Florensky formation of thought, creation, construction of on the language used by the subject of cognition‖

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(Krongauz, 2001, p. 108). E. Sapir formulates the Weihinger and the founder of general semantics thesis about the influence of language on the life A. Korzhibsky, T. Y. Kovalevska (2008) ex- of society in this way: it is impossible to realize plains the inaccuracy of reality and the perceived reality without the help of language, linguistic (interpreted) by us this reality ―universal laws norms, which is why the so-called the real world. inherent in the transformational processes of In turn, the perception of different phenomena is mental objectifications, deterministic and struc- based on the fact that the relevant linguistic turally, ‒ genetic and individual filters‖ (pp. 44‒ norms imply a certain form of expression (Kron- 45), which seem to ―cut off ‖, ―sort out‖ unnec- gauz, 2001, p. 107). B. Worf gave this conclu- essary information in case of inconsistency, con- sion the nature of the universal paradigm, ac- vinced In contrast, if the information provided is cording to which language is a mediator between of interest, it is skipped further for more detailed individual thinking and the conventional repre- processing, which allows the recipient to be in- sentation of the individual, which specifies: a) fluenced without various barriers. Describing the structure and orientation of our thinking (its human communicative properties, A. Korzhy- paternization); b) the gestalt of our worldview; c) bsky introduced the theory of ―the identity of the normative structures of behavior (Nastin, 2007, objective world and its subjective model as a rep- p. 12). According to D. P. Pashinina (2002), the resentative map of the environment‖ (Ko- Sapir‒Worf hypothesis ―sufficiently rigidly de- valevska, 2008, p. 44), based on at least three termines the suggestive role of language… Lan- principles: the map is not a territory (words have guage does not simply impose norms that seem many meanings); the map shows only part of the natural and ancient to us, it structures the world territory (any statement is polyphonic); maps in a certain way, creating its own mesh through condense the territory (the big picture is made up which we perceive the world and ourselves. In- through the study, assimilation and generaliza- fluence-suggestion comes from our own lan- tion of many pictures, impressions and infor- guage, subordinating us to our own logic and mation on the same subject) (Kvit, 2008, p. 46), invisibly diverting the speaker into our own ele- which essentially corresponds to the postulates of ment‖ (p. 377). This concept is refined in struc- neurolinguistics programming (one of the sci- tural linguistics, where language as a determinant ences of influence) and form its philosophical of a way of organizing collective and individual basis (Kovalevska, 2008, p. 44). Considering experience is understood not so much in the cog- these postulates significantly enhances the opti- nitive aspect (because knowledge of the world is mization of communication and details the con- possible through acts of pure perception and except of the philosophical nature of influence as perience of individual moments of being), but in such. communicative (in internal or interpersonal) A. N. Baranov (2003) notes that ―one of the broadcast of the perceived) (Nastin, 2007, p. 12). first questions about the influence of language on F. Bacon, M. Heidegger, A. Korzhibsky, J. the perception of reality and, accordingly, about Locke and others have emphasized the inaccura- its alternative interpretations, was raised by F. cy of perception and variability of reflection (ra- Bacon in the ―New Organ‖, explaining the pro- ther than interpretation) of reality by different cess of human cognition and false conclusions ‒ individuals. Analyzing the achievements of H. ―idols‖ or ―Ghosts‖ ‖ (p. 214). S. Kvit notes that

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(Krongauz, 2001, p. 108). E. Sapir formulates the Weihinger and the founder of general semantics M. Heidegger emphasized in this aspect that ―the stereotyped, which blocks the critical perception thesis about the influence of language on the life A. Korzhibsky, T. Y. Kovalevska (2008) ex- inaccuracy of a statement distorts reality, and of information. of society in this way: it is impossible to realize plains the inaccuracy of reality and the perceived therefore the very existence‖ (Kvit, 2003, p. 59), Thus, the philosophical basis of influence is reality without the help of language, linguistic (interpreted) by us this reality ―universal laws which raises the question of intentionality or un- the idea of the powerful influential potential of norms, which is why the so-called the real world. inherent in the transformational processes of intentionality of distortion of the real world, the the word, its ―magic‖ properties and the deep In turn, the perception of different phenomena is mental objectifications, deterministic and struc- intentional misrepresentation of the information connection of the word with the spirit, soul, based on the fact that the relevant linguistic turally, ‒ genetic and individual filters‖ (pp. 44‒ provided produces such an incorrect kind of in- worldview and understanding of the external and norms imply a certain form of expression (Kron- 45), which seem to ―cut off ‖, ―sort out‖ unnec- fluence as manipulation. internal world of man. gauz, 2001, p. 107). B. Worf gave this conclu- essary information in case of inconsistency, con- J. Locke also attributed the deliberate opaci- Given the priority nature of the language sion the nature of the universal paradigm, ac- vinced In contrast, if the information provided is ty of expression to the characteristic signs of in- component in the general architectonics of the cording to which language is a mediator between of interest, it is skipped further for more detailed fluence; the use of words to nominate what they phenomenon of influence, further attention is individual thinking and the conventional repre- processing, which allows the recipient to be in- cannot indicate; the use of expressions with bro- focused on the corresponding refinement of rep- sentation of the individual, which specifies: a) fluenced without various barriers. Describing ad semantics (truth, idea, people, etc.); the exces- resentatives of linguistic science. the structure and orientation of our thinking (its human communicative properties, A. Korzhy- sive imagery of speech (Locke, 1960), which is On the powerful force of the verbal compo- paternization); b) the gestalt of our worldview; c) bsky introduced the theory of ―the identity of the also inherent in linguistic mechanisms of variant nent of suggestive influence was emphasized by normative structures of behavior (Nastin, 2007, objective world and its subjective model as a rep- interpretation of reality, which dampens the in- the well-known scientist B. F. Porsnev, who in p. 12). According to D. P. Pashinina (2002), the resentative map of the environment‖ (Ko- fluential activity of speech (Baranov, 2003, p. his fundamental works advanced the suggestive Sapir‒Worf hypothesis ―sufficiently rigidly de- valevska, 2008, p. 44), based on at least three 214), directing the vector of perception in the theory of the origin of language, confirming the termines the suggestive role of language… Lan- principles: the map is not a territory (words have direction desired for the interlocutor. hypothesis by the information of neurophysiolo- guage does not simply impose norms that seem many meanings); the map shows only part of the Explaining the influence of language in its gists that from all areas of the brain, the person is natural and ancient to us, it structures the world territory (any statement is polyphonic); maps working sense also attracted the attention of phi- able to the second signaling system, evolutionari- in a certain way, creating its own mesh through condense the territory (the big picture is made up losophers such as H. Feichinger, L. Wittgenstein ly older than the others, primary than others - the which we perceive the world and ourselves. In- through the study, assimilation and generaliza- and others. L. Wittgenstein (1994), highlighting frontal lobe, including the prefrontal brain (Che- fluence-suggestion comes from our own lan- tion of many pictures, impressions and infor- the pragmatic aspect of language, noted that repanova, 2001, p. 30). B. F. Porshnev (1974) guage, subordinating us to our own logic and mation on the same subject) (Kvit, 2008, p. 46), ―even when confronted with a fundamentally first noted that suggestion in primitive society invisibly diverting the speaker into our own ele- which essentially corresponds to the postulates of new case, we are still captivated by models, im- was ―... a means of influencing people on the ment‖ (p. 377). This concept is refined in struc- neurolinguistics programming (one of the sci- ages, and ways of using words worked out for actions and behavior of others, that is, a special tural linguistics, where language as a determinant ences of influence) and form its philosophical other cases‖ (p. 94). Analyzing the imaginary fu- system of regulating behavior‖ (p. 415). Thus, of a way of organizing collective and individual basis (Kovalevska, 2008, p. 44). Considering ture of people and the material present, H. Fei- the hypothesis about the role of suggestion at the experience is understood not so much in the cog- these postulates significantly enhances the opti- chinger argued that people are more influenced beginning of history led the scientist to the ex- nitive aspect (because knowledge of the world is mization of communication and details the con- by their expectations about the future than by traordinary assumption of the essence of the se- possible through acts of pure perception and except of the philosophical nature of influence as real past experiences. The truth, according to H. cond signaling system, or the language by which perience of individual moments of being), but in such. Feichinger, is ―the most acceptable mistake, that suggestion was carried out. The second signaling communicative (in internal or interpersonal) A. N. Baranov (2003) notes that ―one of the is, the system of ideas that enables us to act and system is, first and foremost, ―inflationary com- broadcast of the perceived) (Nastin, 2007, p. 12). first questions about the influence of language on deal with any thing most quickly, clearly and munication, that is, having a direct effect on the F. Bacon, M. Heidegger, A. Korzhibsky, J. the perception of reality and, accordingly, about safely, and with a minimum of irrational ele- response. Direct influence (inflation) is the sim- Locke and others have emphasized the inaccura- its alternative interpretations, was raised by F. ments‖ (Feichinger, 2017). That is, the person is plest socio-psychological phenomenon ... Impact cy of perception and variability of reflection (ra- Bacon in the ―New Organ‖, explaining the pro- not in the present reality, but in an illusory world, is inseparable from speech‖ (Porshnev, 1972, p. ther than interpretation) of reality by different cess of human cognition and false conclusions ‒ and in many cases such perception is forced from 11), which indicates the mandatory presence of individuals. Analyzing the achievements of H. ―idols‖ or ―Ghosts‖ ‖ (p. 214). S. Kvit notes that the outside and at repeated repetition becomes an influential component to a greater or lesser

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extent in the communication process. ability to reflect and shape the human mental The great scientist O. O. Potebnya (1993) experience. Penetrating to the level of deep struc- stated: ―The power of human thought is not that tures with the help of certain words, the address- the word evokes the former perception (it is pos- ee can detect and influence the hidden psychic sible without words) in the mind, but how it processes reflected in the addressee‘s speech pat- forces man to use the treasures of his past‖ (p. terns (Zheltukhina, 2003, p. 16). In addition, 97), that is, a person uses his or her previous ex- ―human experience greatly exceeds the vocabu- perience as embodied in words. This is supported lary, one word can cause different associations in by J. O‘Connor (2006), a researcher in the new- different people. This often leads to the identifi- est discipline in neurolinguistic programming: cation or confusion of two or more situations, ―Words are anchors of experience, they reinforce that is, to generalization and double meaning‖ a certain state, reflect ideas and lead to under- (Zheltukhina, 2003, p. 16), which in many cases standing‖ (p. 220). From NLP‘s point of view, forms the basis of suggestive-manipulative tech- ―language is a filter. It is a map of our thoughts niques of communicative influence. A. R. Luria, and experiences, separated from the real world‖ one of the founders of neurolinguistics, empha- (O‘Connor & Seymour, 1998, p. 20), and it is the sized that with the emergence of language the suggestor who offers illusory reality commensu- world seems to be doubling (Petrenko & Ku- rate with the human experience, enabling him to cherenko, 2000), and in this case ―We are establish a report with further imposition of the doomed to perceive only the image of the world necessary information. to perform certain speech that we build in our language and through lan- and behavioral actions. guage‖ (Nastin, 2007, p. 33). In addition, ―even O. V. Kotlyachkov and S. A. Gorin (2007) if most of the information flows to a person also point out the powerful influence of the through non-lingual channels, it is assimilated word: ―Describing the experience for people is as and influenced only through word processing‖ real as the actual experience (qualitatively but (Cherepanova, 2014), where in this case the lin- not quantitatively)‖ (p. 19), because the word guistic component becomes more important than causes images, associations and the correspond- other components of communicative influence. ing reaction of the organism ‒ motor, sound, tac- Language can generally be regarded as a tile, taste, contains energy influence, that is, trig- suggestive phenomenon, that is, all components gers powerful energy processes (Petrenko & Ku- of a language are potentially suggestive (Murzin, cherenko, 2000). These provisions are also sup- 1995, p. 361; Cherepanova, 2001, p. 70), which ported by the English researcher J. Vitale (2008): supports many scholars (see the works of T. Y. ―Certain words and phrases push the subcon- Kovalevska, O. O. Selivanova and others). In scious buttons of a person. It responds without addition, researchers believe that ―any act of realizing it‖ (p. 31), which generally reflects the communication is suggestive ‒ if the latter is un- need for accurate, careful selection of lexemes derstood not only and not the expansion of exter- and linguistic complexes to create the most in- nal information in the inner mental world of the fluential text. subject, how much initiation in the subject of his Therefore, the word is a powerful weapon own discursive-sensory associative network‖ of conscious/unconscious processes, as it has the (Nastin, 2007, p. 36). R. M. Blakar (1979) gener-

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extent in the communication process. ability to reflect and shape the human mental ally argued that ―language is an instrument of Y. Kovalevska, O. V. Kotlyachkov, N. O. Os- The great scientist O. O. Potebnya (1993) experience. Penetrating to the level of deep struc- social power‖ (p. 133), because ... ―the choice of troushko, I. Y. Cherepanova, N. V. Chumicheva, stated: ―The power of human thought is not that tures with the help of certain words, the address- utterances made by the addressee of the message A. V. Shelestyuk, E. E. Schubert, and others). the word evokes the former perception (it is pos- ee can detect and influence the hidden psychic influences the recipient‘s understanding. Even if Typically, all of the above levels interact, sible without words) in the mind, but how it processes reflected in the addressee‘s speech pat- the sender tries to ―express himself objectively‖, enhancing the impact (Kutuza, 2015, p. 118), and forces man to use the treasures of his past‖ (p. terns (Zheltukhina, 2003, p. 16). In addition, it can be seen that the choice made by him ex- scientists, while analyzing impact actualizers, 97), that is, a person uses his or her previous ex- ―human experience greatly exceeds the vocabu- presses and predetermines the reception received consider them simultaneously at several linguis- perience as embodied in words. This is supported lary, one word can cause different associations in by the recipient‖ (Blakar, 1987, p. 90), and ―... tic levels, noting the leading, but the views of by J. O‘Connor (2006), a researcher in the new- different people. This often leads to the identifi- any use of language implies such a structuring scholars on the subject do not overlap. For ex- est discipline in neurolinguistic programming: cation or confusion of two or more situations, and influential effect. that is, neutral is impossi- ample, I. Y. Cherepanova, based on the achi- ―Words are anchors of experience, they reinforce that is, to generalization and double meaning‖ ble‖ (Blakar, 1987, p. 91). In this aspect, R. La- evements of S. V. Voronin, O. P. Zhuravlev, J. a certain state, reflect ideas and lead to under- (Zheltukhina, 2003, p. 16), which in many cases koff (1990) states that ―we all manipulate lan- Mystryk, R. G. Mshvidobadze, V. V. Nalimov, standing‖ (p. 220). From NLP‘s point of view, forms the basis of suggestive-manipulative tech- guage and do it constantly‖ (p. 11), and note that B. F. Porshnev, R. Yakobson, L. P. Yakubinsky ―language is a filter. It is a map of our thoughts niques of communicative influence. A. R. Luria, this process takes place not only consciously but and others, distinguishes 5 levels of suggestive- and experiences, separated from the real world‖ one of the founders of neurolinguistics, empha- also unconsciously. linguistic analysis: 1) phonological (phonose- (O‘Connor & Seymour, 1998, p. 20), and it is the sized that with the emergence of language the V. Z. Demyankov (1989) also notes in this mantics); 2) prosodic (melody, accent, temporal suggestor who offers illusory reality commensu- world seems to be doubling (Petrenko & Ku- aspect that ―language with its vague semantics and timbral characteristics, rhythm); 3) vocabu- rate with the human experience, enabling him to cherenko, 2000), and in this case ―We are enables one to flexibly enter into another‘s con- lary (stylistic indexes by J. Mystrick); 4) vocabu- establish a report with further imposition of the doomed to perceive only the image of the world sciousness: a new perspective, flexibly modify- lary (definition of the percentage of words that necessary information. to perform certain speech that we build in our language and through lan- ing itself (in this analogy with communicative represent different parts of the language); 5) and behavioral actions. guage‖ (Nastin, 2007, p. 33). In addition, ―even mimicry) under the influence of the context of morpho-syntactic (Cherepanova, 2001, pp. 71- O. V. Kotlyachkov and S. A. Gorin (2007) if most of the information flows to a person existing thoughts at the same time supersedes 84). The author considers phonosemantic to be also point out the powerful influence of the through non-lingual channels, it is assimilated established thoughts in their system‖. In this the leading level, in this aspect it is supported by word: ―Describing the experience for people is as and influenced only through word processing‖ way, the language itself allows for a variety of such researchers as S. V. Boltayeva, O. V. Ko- real as the actual experience (qualitatively but (Cherepanova, 2014), where in this case the lin- descriptions of reality, that is, it activates the abil- tlyachkov, N. V. Chumicheva and others. The not quantitatively)‖ (p. 19), because the word guistic component becomes more important than ity of the language to change our understanding well-known scientist B. F. Porshnev recognizes causes images, associations and the correspond- other components of communicative influence. of certain objects, calling them different words ‒ morphological as the main level, but most re- ing reaction of the organism ‒ motor, sound, tac- Language can generally be regarded as a this is called a variational interpretation of reality searchers consider the lexico-semantic to be the tile, taste, contains energy influence, that is, trig- suggestive phenomenon, that is, all components (or semantic manipulation). The specific feature center of linguistic suggestion (see the works of gers powerful energy processes (Petrenko & Ku- of a language are potentially suggestive (Murzin, of the language (see the works of A. N. Baranov, R. M. Blakar, S. A. Gorin, T. Y. Kovalevska and cherenko, 2000). These provisions are also sup- 1995, p. 361; Cherepanova, 2001, p. 70), which M. R. Dushkina, O. S. Issers, etc.) is specified others). Moreover, according to the beliefs of the ported by the English researcher J. Vitale (2008): supports many scholars (see the works of T. Y. and is used under communicative influence in sponsor of suggestive linguistics I. Y. Cherepa- ―Certain words and phrases push the subcon- Kovalevska, O. O. Selivanova and others). In order to conceal, camouflage the communicative nova (2001), when constructing a hierarchy of scious buttons of a person. It responds without addition, researchers believe that ―any act of intent. Accordingly, the interlocutor may impose levels of suggestive linguistics, one must take realizing it‖ (p. 31), which generally reflects the communication is suggestive ‒ if the latter is un- on the recipient a certain (necessary!) conception into account the heterogeneity of suggestion, that need for accurate, careful selection of lexemes derstood not only and not the expansion of exter- of the environment, using a range of suggestive is, depending on the type of influence ‒ hidden and linguistic complexes to create the most in- nal information in the inner mental world of the means that are actualized at different linguistic (latent) or open (different), respectively, here: fluential text. subject, how much initiation in the subject of his and textual and discursive levels (see the works phonological in latent, morphological (for exam- Therefore, the word is a powerful weapon own discursive-sensory associative network‖ of I. A. Avdeenko, R. M. Blakar, S. V. Bolta- ple, the prescriptive way of the verb), etc. (p. 71). of conscious/unconscious processes, as it has the (Nastin, 2007, p. 36). R. M. Blakar (1979) gener- yeva, N. V. Vertyankina, M. R. Zheltukhina, T. However, we support the view of T. Y. Ko-

WISDOM 1(14), 2020 50 51 51 Natalia KUTUZA, Inna KRAVETS

valevska that the semantic level is a suggestive However, we note the priority character of concentrator and we propose to consider the ac- the linguistic component in the general architec- tualizers of influence (suggestive/suggestogenic) tonics of the phenomenon of influence, where at all linguistic levels in synthesis with the se- language is generally regarded as a suggestive mantic: 1) grapheme, 2) phonetic, 3) prosodic, 4) phenomenon, given the ability to variably de- word formation, 5) lexical, 6) morphological, 7) scribe real reality through imagery, associativity, syntactic, 8) stylistic, where predominantly sug- etc., based on the individual‘s prior experience. gestions are actualized at several levels simulta- The most powerful areas of influence research neously, and semantic is cross-cutting. We also are the latest trends in suggestive linguistics and consider it advisable to consider sugestems/sug- NLP. gestogens by the degree of intensity of actualiza- Thus, consideration of the achievements of tion of suggestive saturation (by analogy to the various sciences (psychology, medicine, sociolo- degrees of intensity of the connotated marking of gy, etc.), connected in one way or another with ergonomics (Kutuza, 2015, p. 174): implementa- the phenomenon of influence, will allow to study tion at two language levels ‒ weak actualization; as deeply and thoroughly as possible the said that will allow us to more thoroughly explore the phenomenon, to understand global processes and potential suggestiveness of various discourses. specific conditions of its implementation, etc., Thus, the language system as a whole acts since this The phenomenon has a complex na- as a pivotal component of the influence, which ture, the components of which (psychological, determines the need for a thorough analysis of its physiological, linguistic, etc.) are deeply studied active multilevel suggestogens. in the relevant fields.

Conclusion REFERENCES

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WISDOM 1(14), 2020 52 52 Linguophilosophical Aspect of Communicative Influence: Theoretical Basis

valevska that the semantic level is a suggestive However, we note the priority character of oretical and Empirical Studies of Lan- 2020 from: http://www.universal inter- concentrator and we propose to consider the ac- the linguistic component in the general architec- guage and its Use in a Social Context), netlibrary.ru/book/goncharov/ogl.shtml. tualizers of influence (suggestive/suggestogenic) tonics of the phenomenon of influence, where in Russian). In Language and modeling Humboldt, V. (1984). Izbrannye trudy po yazy- at all linguistic levels in synthesis with the se- language is generally regarded as a suggestive of social interaction (pp. 88-125). Mos- koznaniyu (Selected Works on Linguis- mantic: 1) grapheme, 2) phonetic, 3) prosodic, 4) phenomenon, given the ability to variably de- cow: Progress. tics, in Russian). Moscow: Progress. word formation, 5) lexical, 6) morphological, 7) scribe real reality through imagery, associativity, Cherepanova, I. Y. (2001). Dom koldun‘i. Yazyk Kies, R. (2002). Mova, dumka i kul‘turna re- syntactic, 8) stylistic, where predominantly sug- etc., based on the individual‘s prior experience. tvorcheskogo Bessoznatel‘nogo (House al‘nist‘ (vid Oleksandra Potebni do te- gestions are actualized at several levels simulta- The most powerful areas of influence research of the Sorceress. The Language of the oriyi movnoho relyatyvizmu) (Langu- neously, and semantic is cross-cutting. We also are the latest trends in suggestive linguistics and Creative Unconscious, in Russian). age, Thought, and Cultural Reality consider it advisable to consider sugestems/sug- NLP. Moscow: KSP +. (from Alexander Potebna to the Theory gestogens by the degree of intensity of actualiza- Thus, consideration of the achievements of Cherepanova, I. Y. (2014). Rossiyskaya sugges- of Linguistic Relativism), in Ukraini- tion of suggestive saturation (by analogy to the various sciences (psychology, medicine, sociolo- tivnaya lingvistika – vernonapravlen- an). 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Speech and Language in Psychoanaly- losophy of Science, VIII, 377-405. sis, in Russian). Report at the Rome Petrenko, V. F., & Kucherenko, V. V. (2000). Is- Congress, read at the Institute of Psy- kusstvo suggestivnogo vozdeistviya (Art chology, University of Rome, Septem- of Suggestive Influence, in Russian). ber 26 and 27. Retrieved March 20, The Journal of Practicing Psychologist, 2020 from: http://teneta.rinet.ru/rus/le/- 6. Retrieved March 19, 2020 from: lakan.htm. https://shust.me/iskusstvo-suggestiv- Lakoff, R. (1990). Talking Power. The Politics of nogo-vozdejstviya/. Language. New York: Free press. Porshnev, B. F. (1972). Kontrsuggestiya i istori- Locke, J. (1960). Opyt o chelovecheskom razu- ya (Elementarnoye sotsial‘no-psikholo- menii (The Experience of Human Un- gicheskoe yavlenie i ego trasformatsii v derstanding, in Russian). In J. Locke, razvitii chelovechestva) (Counter-Sug- Selected Philosophical Works, I (pp. gestion and History (Elementary Socio- 153-162). Moscow: Publishing House Psychological Phenomenon and its of Social and Economic Literature. Transformations in the Development of Manakin, V. M. (2011). Suhestyvna funktsiya Mankind), in Russian). History and movy yak prahmalinhvistychne yavysh- Psychology, 7-35. che (Suggestive Function of Language Porshnev, B. F. (1974). O nachale chelovech- as a Pragmalinguistic Phenomenon, in eskoi istorii. Problemy paleopsikhologii Ukrainian). Studia Linguistica, II, 196- (Beginning of Human History. Prob- 203. lems of Paleo-Psychology, in Russian). Murzin, L. N. (1995). O dinamicheskoy lingvis- Moscow: Thought. tike ХХ veka (On Dynamic Linguistics Potebnya, A. A. (1993). Mysl‘ i yazyk (Thought of the ХХ Century, in Russian). Lin- and Language, in Russian). Kiev: SIN- guistics at the End of the Twentieth TO. Century: Results and Prospects, ІІ, Vitale, J. (2008). Gipnoticheskiye reklamnye tek- 361-362. Moscow: Philology. sty: kak iskushat‘ i ubezhdat‘ kliyentov Nastin, I. V. (2007). Psikholingvistika (Psycho- odnimi slovami (Hypnotic Advertising linguistics, in Russian). Moscow: Mos- Texts: How to Tempt and Convince cow Psychological and Social Institute. Customers in One Word, in Russian). O‘Connor, J. (2006). NLP: Prakticheskoe ruko- Moscow: Eksmo. vodstvo dlya dostizheniya zhelayemykh Wittgenstein, L. (1994). Filosofskie issledovani- rezul‘tatov (NLP: A Practical Guide to ya (Philosophical Studies, in Russian). Achieving Desired Results, in Russian). In L. Wittgenstein, Philosophical Work Moscow: FAIR. (Part 1, pp. 75-319). Moscow: Gnosis. O‘Connor, J., & Seymour, J. (1998). Vvedeniye v Yudanova, E. T. (2003). Suggestivnaya funktsiya NLP (Introduction to NLP, in Russian). yazykovykh sredstv angloyazychnogo Chelyabinsk: Version. politicheskogo diskursa (Suggestive Pashinina, D. P. (2002). Vlekomye yazykom Function of Linguistic Means of Eng- (Drawn by Language, in Russian). Phi- ish-language Political Discourse, in

WISDOM 1(14), 2020 54 54 Linguophilosophical Aspect of Communicative Influence: Theoretical Basis

Speech and Language in Psychoanaly- losophy of Science, VIII, 377-405. Russian). St. Petersburg. Media Communication: Linguistic sis, in Russian). Report at the Rome Petrenko, V. F., & Kucherenko, V. V. (2000). Is- Zheltukhina, M. R. (2003). Mass-medial‘naya Consciousness - Impact - Suggestive- Congress, read at the Institute of Psy- kusstvo suggestivnogo vozdeistviya (Art kommunikatsiya: yazykovoye soznaniye ness, in Russian). Language. Consci- chology, University of Rome, Septem- of Suggestive Influence, in Russian). - vozdeystviye - suggestivnost‘ (Mass- ousness. Communication, 24, 13-28. ber 26 and 27. Retrieved March 20, The Journal of Practicing Psychologist, 2020 from: http://teneta.rinet.ru/rus/le/- 6. Retrieved March 19, 2020 from: lakan.htm. https://shust.me/iskusstvo-suggestiv- Lakoff, R. (1990). Talking Power. The Politics of nogo-vozdejstviya/. Language. New York: Free press. Porshnev, B. F. (1972). Kontrsuggestiya i istori- Locke, J. (1960). Opyt o chelovecheskom razu- ya (Elementarnoye sotsial‘no-psikholo- menii (The Experience of Human Un- gicheskoe yavlenie i ego trasformatsii v derstanding, in Russian). In J. Locke, razvitii chelovechestva) (Counter-Sug- Selected Philosophical Works, I (pp. gestion and History (Elementary Socio- 153-162). Moscow: Publishing House Psychological Phenomenon and its of Social and Economic Literature. Transformations in the Development of Manakin, V. M. (2011). Suhestyvna funktsiya Mankind), in Russian). History and movy yak prahmalinhvistychne yavysh- Psychology, 7-35. che (Suggestive Function of Language Porshnev, B. F. (1974). O nachale chelovech- as a Pragmalinguistic Phenomenon, in eskoi istorii. Problemy paleopsikhologii Ukrainian). Studia Linguistica, II, 196- (Beginning of Human History. Prob- 203. lems of Paleo-Psychology, in Russian). Murzin, L. N. (1995). O dinamicheskoy lingvis- Moscow: Thought. tike ХХ veka (On Dynamic Linguistics Potebnya, A. A. (1993). Mysl‘ i yazyk (Thought of the ХХ Century, in Russian). Lin- and Language, in Russian). Kiev: SIN- guistics at the End of the Twentieth TO. Century: Results and Prospects, ІІ, Vitale, J. (2008). Gipnoticheskiye reklamnye tek- 361-362. Moscow: Philology. sty: kak iskushat‘ i ubezhdat‘ kliyentov Nastin, I. V. (2007). Psikholingvistika (Psycho- odnimi slovami (Hypnotic Advertising linguistics, in Russian). Moscow: Mos- Texts: How to Tempt and Convince cow Psychological and Social Institute. Customers in One Word, in Russian). O‘Connor, J. (2006). NLP: Prakticheskoe ruko- Moscow: Eksmo. vodstvo dlya dostizheniya zhelayemykh Wittgenstein, L. (1994). Filosofskie issledovani- rezul‘tatov (NLP: A Practical Guide to ya (Philosophical Studies, in Russian). Achieving Desired Results, in Russian). In L. Wittgenstein, Philosophical Work Moscow: FAIR. (Part 1, pp. 75-319). Moscow: Gnosis. O‘Connor, J., & Seymour, J. (1998). Vvedeniye v Yudanova, E. T. (2003). Suggestivnaya funktsiya NLP (Introduction to NLP, in Russian). yazykovykh sredstv angloyazychnogo Chelyabinsk: Version. politicheskogo diskursa (Suggestive Pashinina, D. P. (2002). Vlekomye yazykom Function of Linguistic Means of Eng- (Drawn by Language, in Russian). Phi- ish-language Political Discourse, in

WISDOM 1(14), 2020 54 55 55 Vladimir OGORODNIKOV, Kadzhik OGANYAN

DOI: 10.24234/wisdom.v14i1.308 Vladimir OGORODNIKOV, Kadzhik OGANYAN

ON THE PERCEPTUAL, THE CONCEPTUAL, THE OBJECTIVELY REAL AND THE PROBLEM OF TRUTH IN COSMOGONY AND COSMOLOGY

Abstract

This article is devoted to the philosophical foundations of different explanations of the facts known from the latest scientific achievements of cosmogony and cosmology. It is shown, that some of the explanations on the matter under observation tacitly rehabilitate the idea of anthropocentrism finding int roots in Ptolemaic theory. In this context, great attention is paid to critical analysis of the anthropic principle, which is a version of current teleology. It is assumed that the above-mentioned principle is based on the inadequate interpretation of the hypothesis of the Big Bang. Thereat anthropic principle is determined on one side by Aristotle theory of telos and on the other side by religious and mystical ideas of creation of the World and Mankind. In contrast, the many-worlds interpretation or the Everett interpretation equates the conceptual and the objective reality going to the other extreme on this ground and postulating almost infinite plurality of alternate Universes. This article highlights the issues specific to philosophical and methodological foundations of delusions and criteria of knowing the truth in cosmogony and cosmology.

Keywords: the perceptual, the conceptual, the objectively real, geocentrism, the global non- geocentric, Big Bang, the many-worlds interpretation, anthropic principle, truth.

Introduction 1) the problem of the creation of the Universe; 2) the problem of philosophical foundations in Modern physical and mathematical cos- the cognition of the cosmogonic process; mology and cosmogony have expanded human 3) the problem of the link between the for- ideas about the Universe, its formation, devel- mation of the Universe and mankind‘s for- opment and structure so much, that it has led to mation in the perspective of philosophical the exacerbation of old philosophical issues anthropology and the meaning of being about man‘s place in the world, the meaning of human; social being, the cognition of things in the out- 4) the problem of the anthropic principle as a side world and a number of other issues. It is this version of the teleological approach to the very fact which determines the imperishable rel- formation of the Universe. evance of philosophical problems of cosmology The complexity of the aforementioned is- and cosmogony. sues as well as the adjacent issues determines the Notable among them are: necessity for finding the right philosophical

WISDOM 1(14), 2020 56 56 On the Perceptual, the Conceptual, the Objectively Real and the Problem of Truth in Cosmogony and Cosmology

DOI: 10.24234/wisdom.v14i1.308 foundation for interpreting the latest data of cur- of linear causality character – from philosophical Vladimir OGORODNIKOV, rent physical and mathematical cosmology. postulates to the scientific concept. Thus, the Kadzhik OGANYAN First of all, the perceptual Universe, the Ptolemaic system was determined by prevailing conceptual Universe and the objectively real religious or mythical ideas that God created the ON THE PERCEPTUAL, THE CONCEPTUAL, THE OBJECTIVELY REAL AND Universe must be strictly distinguished in cogni- world and man as the culmination of all Creation THE PROBLEM OF TRUTH IN COSMOGONY AND COSMOLOGY tion. and the centre of the world. On the other hand, The current physical and mathematical mo- the geocentric model of the Universe formed the

Abstract del imparts ontological meaning to the space- basis of geocentrism in philosophy and the latter time conceptual framework of structuration and defined anthropomorphism and anthropocen-

This article is devoted to the philosophical foundations of different explanations of the facts known development of the Universe. And could you tell trism for natural sciences of modern and con- from the latest scientific achievements of cosmogony and cosmology. It is shown, that some of the expla- us how reasonable such an ontologization is? To temporary history. For its part, anthropocentrism nations on the matter under observation tacitly rehabilitate the idea of anthropocentrism finding int roots in answer this question, you cannot but use the acted as a prerequisite for the formulation of the Ptolemaic theory. In this context, great attention is paid to critical analysis of the anthropic principle, philosophical criterion of distinguishing the ob- anthropological principle put forward by L. von which is a version of current teleology. It is assumed that the above-mentioned principle is based on the jectively real and the subjective which exists in Feuerbach and further developed by N. Cher- inadequate interpretation of the hypothesis of the Big Bang. Thereat anthropic principle is determined on perceptual and conceptual variants. Materialistic nyshevsky. one side by Aristotle theory of telos and on the other side by religious and mystical ideas of creation of the philosophy notes that each subjective belongs to The Copernican model literally revolution- World and Mankind. In contrast, the many-worlds interpretation or the Everett interpretation equates the the cognizing individual‘s consciousness and ized scientific understanding proceeding by the th conceptual and the objective reality going to the other extreme on this ground and postulating almost infi- acts as the reflection of the objectively real which late 19 century from global geocentrism to equ- 1 nite plurality of alternate Universes. exists outside the mind (Oganyan, Branskij, ally important the non-geocentric . Copernican Hovhannisyan, & Djidjian, 2018). But how can This article highlights the issues specific to philosophical and methodological foundations of delu- 1 one make sure that the obtained knowledge is In the 20th century cosmic pluralism or the plurality sions and criteria of knowing the truth in cosmogony and cosmology. of worlds was further developed both in mega- and true and reliable as long as the field of descrip- microdirectional models and the vision of the quality tions of cosmological and cosmogonic facts con- and diversity of matter developed both wider and Keywords: the perceptual, the conceptual, the objectively real, geocentrism, the global non- deeper. And, as a consequence the early astronomical geocentric, Big Bang, the many-worlds interpretation, anthropic principle, truth. tains nothing but conceptual schemes and physi- the non-geocentric took a more generic form for nat- cal and mathematical models and these schemes ural science the non-geocentric (the concept of structural levels of matter organization) aiming at going and models are representatives of consciousness, up against the absoluteness of the earthly realm (or the macroscopic world) which is Man‘s natural envi- not of objective reality world? Introduction 1) the problem of the creation of the Universe; ronment and against arbitrary extrapolation of any attributes and modes (the doctrine of Attributes and 2) the problem of philosophical foundations in Modes by B. Spinoza) to other forms of objective re- Modern physical and mathematical cos- the cognition of the cosmogonic process; Methodological Framework ality without taking into account the specificities of the latter ones (Branskij, 2014). mology and cosmogony have expanded human 3) the problem of the link between the for- In the meantime, the creation of non-Euclidean ideas about the Universe, its formation, devel- mation of the Universe and mankind‘s for- From the very beginning of the develop- geometry and set theory in the 19th century resulted ment of classical physics, its statements and con- in the substantial limited scope of the concept for opment and structure so much, that it has led to mation in the perspective of philosophical natural science the non-geocentric and raised the clusions were formed on the basis of existing problem of development, generalization and consoli- the exacerbation of old philosophical issues anthropology and the meaning of being philosophical postulates. Isaac Newton, in his dation of the idea of the plurality of worlds in a com- about man‘s place in the world, the meaning of human; pletely new and very unexpected direction. In such ―Philosophiæ Naturalis Principia Mathematica‖, conditions, this generalization and consolidation social being, the cognition of things in the out- 4) the problem of the anthropic principle as a proved to be necessary in relation to the need to un- side world and a number of other issues. It is this version of the teleological approach to the puts forward the following philosophical princi- derstand the diversity in the transition from the ob- ples developed by already ancient philosophers jects of the earthly realm (the macroscopic world) to very fact which determines the imperishable rel- formation of the Universe. which everyone may deal with as an ongoing activity evance of philosophical problems of cosmology The complexity of the aforementioned is- and scientists such as atomism, absolute space, to the megaworld on one side that is the world of the absolute time and necessary causality as his orig- giant scale objects, and the microworld on the other and cosmogony. sues as well as the adjacent issues determines the side that is the world of micro-objects. th Notable among them are: necessity for finding the right philosophical inal postulates. This link, however, is not always So, in the late 20 century the term ―plurality of worlds‖ had some specific different meanings, name-

WISDOM 1(14), 2020 56 57 57 Vladimir OGORODNIKOV, Kadzhik OGANYAN

heliocentrism formed the foundation of new non- ties and supplements of causality. As a result, the geocentric philosophy. Giordano Bruno‘s idea reality is not reducible to pure necessity and pure about an infinite Universe with numerous inhab- chance, and chance is a form of being of relative ited worlds anticipated discoveries of cosmology necessity (Ogorodnikov, 1985; Ogorodnikov & and cosmogony of the 20th century. Non- Oganyan, 2019, pp. 30-39). Advocates of logical geocentric philosophy was of particular signifi- positivism made a few tries to solve a problem of cance to the establishment of relativistic cosmol- fundamental incomparability of conceptual ogy (Oganyan, 1987, pp. 53-59; Oganyan, 1992a; scheme with a unified system of objective reality Oganyan, 2018, pp. 127-131). processes describing this scheme through the use However, Albert Einstein did not create his of the coherence principle. Thus, R. Carnap theory on the basis of some philosophical princi- (1971) was convinced that the truth of the judg- ples. On the contrary, he made a significant ment is determined by logical coherence and the change in philosophical principles by his theory coherence between this judgment and other of relativity. In accordance with Einstein‘s theory judgements forming this concept (principle of of special relativity, the absoluteness of space- coherence) (p. 132). However, the logicality of a time is replaced by its concrete relativity that is theory cannot serve as the criterion of truth for the inherent linkage with material systems. The this theory. This statement bases its arguments material unity of the world is considered as a de- on the analysis of the history of the formation veloping system and not as a predefined harmo- and development of both cosmology and natural ny. The formation of particle physics, quantum sciences. Thus, Ptolemaic and Copernicus sys- mechanics, modern scientific cosmology and tems seem to be internally faultless and logical. cosmogony has shown that in global develop- However, you cannot recognize their genuine ment is not just the necessary causal link but also equality on this ground. unreasonable determinants of the implementing At the same time, the denial of coherence as opportunity process acting as patterns, regulari- a criterion of truth cannot serve as the grounds for explicit or implicit agnosticism. Nor can it be ly: 1) the plurality of material worlds in the traditional the assertion that substantive truth is fundamen- sense for natural sciences (in the non-geocentric tally unattainable, especially in terms of under- for natural sciences); 2) the plurality of material worlds from an ontologi- standing such great magnitudes as the Universe. cal perspective (in the ontological non- In point of the fact, what are the grounds for the geocentric); 3) the plurality of possible worlds in modal logic (in extrapolation of judgments related to parts and a the logical non-geocentric); greater whole, if the logical coherence of judg- 4) the plurality of mystical worlds (in the mystical non-geocentric). ments in the concept cannot serve as the grounds Definitions (1) and (2) allow only principally observed worlds for the objective existence; at that in for the conclusion of the truth of this concept? Definition (1) principal observability is linked with In addition, this statement concretizes a homogeneity of the universal content of attributes (forms) of matter and in Definition (2) the link is cre- well-known postulate of dialectical philosophy ated with heterogeneity of this content. Definitions about the relativity of truth and illustrates K. F. (3) and (4) allow for the objective existence principally unobserved worlds. At that Definition (3) con- Gödel‘s incompleteness theorems. Gödel tains a statement, stating that principally unobserved showed that noncontradiction of formal arithme- worlds must definitely follow the laws of logic, while Definition (4) postulates the opposite statement, i.e. tic cannot be proved by the tools of this theory. such a world does not follow the laws of logic.

WISDOM 1(14), 2020 58 58 On the Perceptual, the Conceptual, the Objectively Real and the Problem of Truth in Cosmogony and Cosmology

heliocentrism formed the foundation of new non- ties and supplements of causality. As a result, the In the future, this statement was extended to each makes the existence of higher forms of the matter geocentric philosophy. Giordano Bruno‘s idea reality is not reducible to pure necessity and pure and every system of formal statements. Howev- and, above all, life impossible. Criticizing the about an infinite Universe with numerous inhab- chance, and chance is a form of being of relative er, Gödel‘s incompleteness theorems do not im- concept of ―Heat death of the Universe‖ by R. ited worlds anticipated discoveries of cosmology necessity (Ogorodnikov, 1985; Ogorodnikov & ply that some aspects of the essence of objective Clausius, F. Engels showed the main deficiency and cosmogony of the 20th century. Non- Oganyan, 2019, pp. 30-39). Advocates of logical reality remains unknown forever. In addition, of his reasoning, namely that a true statement for geocentric philosophy was of particular signifi- positivism made a few tries to solve a problem of these theorems do not imply that human cogni- a finite system was extended to the entire infinite cance to the establishment of relativistic cosmol- fundamental incomparability of conceptual tive abilities are somehow limited. The above Universe. ogy (Oganyan, 1987, pp. 53-59; Oganyan, 1992a; scheme with a unified system of objective reality mentioned theorems only demonstrate the weak- F. Engels noted that philosophical material- Oganyan, 2018, pp. 127-131). processes describing this scheme through the use nesses and deficiencies of formal systems (Livio, ism must inevitably change its form with every However, Albert Einstein did not create his of the coherence principle. Thus, R. Carnap 2016, p.112.). discovery that constitutes an era, even in the nat- theory on the basis of some philosophical princi- (1971) was convinced that the truth of the judg- In this context, some authors‘ attempts aim- ural, historical field. This statement demonstrated ples. On the contrary, he made a significant ment is determined by logical coherence and the ing at presenting the limitations of today‘s its heuristic value in connection with the discov- change in philosophical principles by his theory coherence between this judgment and other knowledge of the Universe as an argument to the eries made in the fields of elementary particle of relativity. In accordance with Einstein‘s theory judgements forming this concept (principle of statement of the impossibility of experiencing the physics and quantum mechanics. They could not of special relativity, the absoluteness of space- coherence) (p. 132). However, the logicality of a Universe as a whole stem from the implicit iden- be interpreted on the basis of the old philosophi- time is replaced by its concrete relativity that is theory cannot serve as the criterion of truth for tification of ―the Universe as a whole‖ and ―the cal materialism, which had not assimilated the the inherent linkage with material systems. The this theory. This statement bases its arguments Universe on the whole‖ concepts as well as from dialectical method of G. Hegel. In this regard, material unity of the world is considered as a de- on the analysis of the history of the formation the absolutization of the philosophical statement many interpretations of the discoveries in physics veloping system and not as a predefined harmo- and development of both cosmology and natural on the concrete relativity of truth (Nesteruk, of the twentieth century are obviously idealistic. ny. The formation of particle physics, quantum sciences. Thus, Ptolemaic and Copernicus sys- 2017, pp. 72, 307). As an example, it suffices to consider the idea of mechanics, modern scientific cosmology and tems seem to be internally faultless and logical. The discovery of the law of conservation of instrumentalism in the interpretation of wave- cosmogony has shown that in global develop- However, you cannot recognize their genuine energy created the basis for further development particle duality. Such popular concepts as the ment is not just the necessary causal link but also equality on this ground. of thermodynamics and statistical physics. In ―many-worlds‖ interpretation by Hugh Everett unreasonable determinants of the implementing At the same time, the denial of coherence as 1850 the German physicist R. Clausius formulat- and the ―anthropic principle‖ of cosmogony and opportunity process acting as patterns, regulari- a criterion of truth cannot serve as the grounds ed the second law of thermodynamics which is cosmology are no exception. It should be noted for explicit or implicit agnosticism. Nor can it be the law of increasing entropy in an isolated and that these ideas demonstrate opposing positions ly: 1) the plurality of material worlds in the traditional the assertion that substantive truth is fundamen- non-equilibrium thermodynamic system. The to the non-geocentrical. sense for natural sciences (in the non-geocentric tally unattainable, especially in terms of under- law determines that thermal energy moves from Everett‘s interpretation of quantum mechan- for natural sciences); 2) the plurality of material worlds from an ontologi- standing such great magnitudes as the Universe. more heated objects to the less heated ones. In ics rejects the ideas of complementarity and unit cal perspective (in the ontological non- In point of the fact, what are the grounds for the this regard, the development of the physical reduction of the wave function by N. Bohr and geocentric); 3) the plurality of possible worlds in modal logic (in extrapolation of judgments related to parts and a world, according to Clausius, has a very definite offers a new solution to the problem of particle- the logical non-geocentric); greater whole, if the logical coherence of judg- direction: the proportion of heat in the overall wave dualism. Everett defends the view that the 4) the plurality of mystical worlds (in the mystical non-geocentric). ments in the concept cannot serve as the grounds balance of energy increases, and thermal energy absolute universal state is a quantum superposi- Definitions (1) and (2) allow only principally observed worlds for the objective existence; at that in for the conclusion of the truth of this concept? dissipates in the world space evermore. There- tion of several (and possibly of infinite number) Definition (1) principal observability is linked with In addition, this statement concretizes a fore, it is concluded that after a certain time an relative states of identical parallel Universes that homogeneity of the universal content of attributes (forms) of matter and in Definition (2) the link is cre- well-known postulate of dialectical philosophy increase in entropy will lead to the cooling pro- do not interact with each other, and it is mathe- ated with heterogeneity of this content. Definitions about the relativity of truth and illustrates K. F. cesses in all the stars and the ―thermal death‖ of matically true. This conceptual framework pro- (3) and (4) allow for the objective existence principally unobserved worlds. At that Definition (3) con- Gödel‘s incompleteness theorems. Gödel the Universe. The law of conservation of energy ceeds from the primacy of the act of observation tains a statement, stating that principally unobserved showed that noncontradiction of formal arithme- is observed, but the process of increasingly uni- in relation to its result. At first sight, Everett‘s worlds must definitely follow the laws of logic, while Definition (4) postulates the opposite statement, i.e. tic cannot be proved by the tools of this theory. form distribution of heat over infinite space idea seems to be a modern concretization of J. such a world does not follow the laws of logic.

WISDOM 1(14), 2020 58 59 59 Vladimir OGORODNIKOV, Kadzhik OGANYAN

Bruno‘s idea of the plurality of inhabited worlds. The Problem and the Ways ―The immeasurable, infinite Universe,‖ wrote of its Solution Bruno, ―is composed of this space and the bodies contained in it ... There is an infinite field and The specified methodology is used one vast space that encompasses everything and pen- more upstart cosmogonic and cosmological idea etrates everything. There are innumerable bodies called ―the anthropic principle‖. This idea is of- in it, similar to ours, of which none is more in the ten analyzed in the context of a trendy concept of centre of the Universe than the other, for the modern cosmogony called the Big Bang hypoth- Universe is infinite, and therefore it has neither esis. the centre nor the edge‖ (Kojre, 2001, pp. 31, Like any hypothesis, the Big Bang idea 34). proves to be an interpretation of empirical facts. However, Bruno‘s idea assumes the actual It appeared as the most probable interpretation of existence of many worlds in the entire stationary the redshift effect discovered by E. Hubble in the Universe, while Everett‘s interpretation assumes spectrum of galaxies in 1929 and the discovery the Universe virtual set. It seems to us that the of relict radiation made by A. Penzias and R. ―multi-worlds interpretation‖ is one more exam- Wilson in 1965. Both discoveries demonstrated ple showing how an internally logical conceptual the expansion of the observable Universe, and, framework concerning only one of the aspects of therefore, showed that a long time ago (about the world, attempts to be exhaustive in describ- 13.5 billion years ago according to today‘s calcu- ing the entire world global model. The conceptu- lations) the entire observable Universe was an al turns into the objectively real. entire point object and the ―singularity‖ or the In addition, this interpretation is a clear ex- explosion of the observable Universe was the trapolation from microcosm structure to macro- cause and beginning of the evolution of the Uni- cosm structure. It is interesting to note that phys- verse. On the other hand, this interpretation was icists acted diametrically opposite and extrapo- not free from classical religious and attitudinal lated macrocosm structure to microcosm struc- orientations (as in the case of the development of ture at the beginning and creation of microworld Ptolemy‘s geocentric model of the Universe). It physics. A prominent example was the planetary can be assumed that a Belgian Catholic priest model of the atom represented in 1911 by Ernest Georges Lemaitre‘ religious and philosophical Rutherford, who came to be known as the father worldview contributed to the fact that he became of nuclear physics. one of the authors of the Big Bang theory and the It should be noted that all such concepts are expansion of the Universe. It is no coincidence explicit or implicit forms of hypostatization – that this theory is used by representatives of neo- with the status of objective reality to abstract Thomism as an argument proving spontaneous conceptual structures. Hypostatization is the creation of the Universe from nothing. main method of objective idealism. It was used At the same time, any description of the in all kinds of objective idealistic vision, begin- singular state of the observed Universe before the ning with Pythagoras numerology and Plato‘s Big Bang clearly indicates that this concept has theory of ideas to Hegelian absolute idealisms. nothing to do with objective reality. Most often,

WISDOM 1(14), 2020 60 60 On the Perceptual, the Conceptual, the Objectively Real and the Problem of Truth in Cosmogony and Cosmology

Bruno‘s idea of the plurality of inhabited worlds. The Problem and the Ways a cosmological singularity is defined as the state tic, and the connection between a previous condi- ―The immeasurable, infinite Universe,‖ wrote of its Solution of the Universe at the starting point of existence tion and a subsequent condition seems random. Bruno, ―is composed of this space and the bodies characterized by infinite density and temperature In terms of synergetics, the very moment of tran- contained in it ... There is an infinite field and The specified methodology is used one and practically zero volume. Leading experts sition to a new condition acts as a ―bifurcation vast space that encompasses everything and pen- more upstart cosmogonic and cosmological idea have repeatedly noted that the singularity does point‖ at which a developing system can change etrates everything. There are innumerable bodies called ―the anthropic principle‖. This idea is of- not obey any of the known laws of physics and dramatically and unpredictably. The foregoing is in it, similar to ours, of which none is more in the ten analyzed in the context of a trendy concept of contradicts the principle of causality (Hawking, especially applicable to quantum mechanical in- centre of the Universe than the other, for the modern cosmogony called the Big Bang hypoth- 1967, pp. 187-201). teractions. However, in retrospect, the same pro- Universe is infinite, and therefore it has neither esis. Such concepts contradict all the laws of dia- cess seems linear, and the relationship of states the centre nor the edge‖ (Kojre, 2001, pp. 31, Like any hypothesis, the Big Bang idea lectics. Thus, the law of the transformation of from the present to the past is uniquely deter- 34). proves to be an interpretation of empirical facts. quantity into quality says that any certain quality mined. Therefore, when looking into the past, a However, Bruno‘s idea assumes the actual It appeared as the most probable interpretation of is linked with no less than a certain amount and randomly probabilistic scatter of events turns existence of many worlds in the entire stationary the redshift effect discovered by E. Hubble in the their unity represents measure. In this context the into an absolutely necessary connection of states, Universe, while Everett‘s interpretation assumes spectrum of galaxies in 1929 and the discovery postulation of the infinity of any property and which, in turn, acts as the basis for a teleological the Universe virtual set. It seems to us that the of relict radiation made by A. Penzias and R. characteristic contradicts the laws of any science, interpretation of the evolution of the Universe. ―multi-worlds interpretation‖ is one more exam- Wilson in 1965. Both discoveries demonstrated indicating that measure is quantitatively limited Philosophical origin of teleology is based on ple showing how an internally logical conceptual the expansion of the observable Universe, and, and, in this restriction, it qualitatively determines the thought of a prominent ancient Greek philos- framework concerning only one of the aspects of therefore, showed that a long time ago (about everything which is objectively existing. An in- opher and scientist Aristotle about four caus- the world, attempts to be exhaustive in describ- 13.5 billion years ago according to today‘s calcu- finite number means the absence of the existence es behind all the change in the world and his ing the entire world global model. The conceptu- lations) the entire observable Universe was an of something specific. For example, infinite thought of the centre-forming role of the pur- al turns into the objectively real. entire point object and the ―singularity‖ or the space means the lack of space as an attribute of pose-oriented reason. In addition, this interpretation is a clear ex- explosion of the observable Universe was the any material system, and infinite time means the It is the application of the teleological trapolation from microcosm structure to macro- cause and beginning of the evolution of the Uni- lack of a temporal characteristic and, consequent- worldview to the solution of the problem of the cosm structure. It is interesting to note that phys- verse. On the other hand, this interpretation was ly, the lack of existence of something concrete. Big Bang that on the one hand ―solves‖ the prob- icists acted diametrically opposite and extrapo- not free from classical religious and attitudinal As well as the mentioned above ―multi- lem of the randomness of this colossal event, and lated macrocosm structure to microcosm struc- orientations (as in the case of the development of world‖ interpretation by Hugh Everett, the con- on the other hand, serves as the basis for the an- ture at the beginning and creation of microworld Ptolemy‘s geocentric model of the Universe). It cept of the Big Bang and some of the concepts thropic principle. The anthropic principle re- physics. A prominent example was the planetary can be assumed that a Belgian Catholic priest adjacent to it, e.g. the concepts of ―black holes‖, stores the rights abolished by the Copernican he- model of the atom represented in 1911 by Ernest Georges Lemaitre‘ religious and philosophical ―dark energy‖, ―dark matter‖ are in fact the ex- liocentrism to anthropocentrism (Oganyan, Rutherford, who came to be known as the father worldview contributed to the fact that he became amples of hypostatization. 1992b). From the point of view of the anthropic of nuclear physics. one of the authors of the Big Bang theory and the The idea of the ―anthropic principle‖ uses principle, the humans became human as a result It should be noted that all such concepts are expansion of the Universe. It is no coincidence not only the method of hypostatization but also of cosmological evolution beginning from the explicit or implicit forms of hypostatization – that this theory is used by representatives of neo- Laplacian determinism methodology, which de- formation of matter and the world of elementary with the status of objective reality to abstract Thomism as an argument proving spontaneous nies objective randomness and probabilistic na- particles after the moment of Big Bang to the conceptual structures. Hypostatization is the creation of the Universe from nothing. ture of any process. These postulates lie in the appearance of Homo sapiens on the Earth. The main method of objective idealism. It was used At the same time, any description of the founding of teleology, which is the main philo- system of microphysical constants that had been in all kinds of objective idealistic vision, begin- singular state of the observed Universe before the sophical and methodological basis of the an- formed by that time supposedly determined this ning with Pythagoras numerology and Plato‘s Big Bang clearly indicates that this concept has thropic principle. process unambiguously. theory of ideas to Hegelian absolute idealisms. nothing to do with objective reality. Most often, It does not take into account that the devel- Moreover, the weak anthropic principle opment perspective of any process is probabilis- clearly points to the privilege of our position in

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the Universe. According to the British theoretical Each and every hypothesis and the theory of sci- physicist B. Carter (1978) who is the founder of ence makes extensive use of concepts represent- this view of the evolution of the observable Uni- ing ideal objects. However, everyday language verse, ―our location in the Universe is necessarily words bearing casual relations to objects also act privileged to the extent of being compatible with as an ideal object. Therefore, not only the scien- our existence as observers‖ (pp. 31, 44). Thus, tific process but also everyday speech are exam- the fact of our being determines what we ob- ples of the manipulation of ideal objects. If at the serve. This is the consideration of the process in same time, the connection between the universal its retrospective - from the now existing observer and the singular is lost, there is a danger of the in all his/her entirety to the beginning of the ontologization of concepts which is the way to global cosmic evolution resulting in the afore- the objective-idealism worldview. mentioned observer. As it was noted, such a con- In the context of the above, the anthropic sideration results in the conclusion that the pro- principle looks like nothing more than an ideal cess of cosmic evolution is unambiguous and construct which does not have any referents in teleonomic. objective cosmogonic processes. But do these The strong anthropic principle absolutizes processes exist? This Humean epistemological the necessity for a major step forward to the hu- scepticism leads us to the conclusion that it is mans for global cosmic evolution, strengthens impossible to know the Universe as a single this process teleonomically of and claiming that harmonious entity. And in its turn, dating back to there is one possible Universe which is in some ancient philosophy, this conclusion is based on sense compelled to eventually have conscious the contrast between the necessity of cause-effect and sapient life emerge within it (Barrow & relations and the accidental, which is contrasted Tipler, 1988, p. 21). Obviously, this approach to the necessity as a groundless attempt (Demo- logically conflicts with the abovementioned critus). Hence, there comes a new contrast be- ―multi-world‖ interpretation of Everett‘s quan- tween the necessary general and randomly indi- tum mechanics, although the latter also postu- vidual. The positivist approach to scientific lates the primacy of the observation act towards knowledge this knowledge treated as empirically its result. The following Carter‘s (1978) words single and random leads to the assertion that the acknowledge the fact that the strong anthropic causes of the formation of the Universe cannot principle is logically connected with Laplacian be established in cosmology and cosmogony. In determinism: ―The Universe (and hence the fun- connection with this, it is advisable to single out damental parameters on which it depends) must for criticism the fundamentals of I. Kant‘s philo- be as to admit the creation of observers within it sophical views. These are the views of an out- at some stage of evolution‖ (p. 373). One of the standing founder of German classical philoso- critics of the anthropic principle made the fol- phy, and they still stay relevant. lowing warding of this principle paraphrasing a In the context of the above-mentioned is- famous saying by Descartes: ―I think, therefore sues of cosmology, it is especially important to the world is‖. turn to the consideration of Kantian antinomies. The ultimate result of abstraction is an ideal As the founder of the new philosophical school, object which is an example of the conceptual. Kant formulated a number of the problems (pri-

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the Universe. According to the British theoretical Each and every hypothesis and the theory of sci- marily the epistemological ones) of the old phi- then space and time would still remain, but the physicist B. Carter (1978) who is the founder of ence makes extensive use of concepts represent- losophy very clearly, but left their solution to his theory of relativity says that space and time this view of the evolution of the observable Uni- ing ideal objects. However, everyday language followers, mainly to G. Hegel. Kant does not would also disappear. verse, ―our location in the Universe is necessarily words bearing casual relations to objects also act understand that Democritean concept about ab- As Kant (1964) says in his second antino- privileged to the extent of being compatible with as an ideal object. Therefore, not only the scien- solutely indivisible particles called atoms mov- my: ―Every composite substance in the world is our existence as observers‖ (pp. 31, 44). Thus, tific process but also everyday speech are exam- ing in absolute space is completely anti- made up of simple parts versus No composite the fact of our being determines what we ob- ples of the manipulation of ideal objects. If at the dialectical (Kant relied on Newton in this re- thing in the world is made up of simple parts,‖ serve. This is the consideration of the process in same time, the connection between the universal gard). Kant‘s (1964) first antinomy intrinsically (pp. 410-411). This antinomy was also resolved its retrospective - from the now existing observer and the singular is lost, there is a danger of the reproduces the main paradoxes of Zeno‘s apori- by modern quantum mechanics but not by phi- in all his/her entirety to the beginning of the ontologization of concepts which is the way to as: ―The world has a beginning in time, and is losophy. Kant still cannot solve the problem of global cosmic evolution resulting in the afore- the objective-idealism worldview. also limited as regards space versus. The world the link between chance and necessity. Hence, he mentioned observer. As it was noted, such a con- In the context of the above, the anthropic has no beginning, and no limits in space; it is in- interprets the aforementioned antinomies (like all sideration results in the conclusion that the pro- principle looks like nothing more than an ideal finite as regards both time and space‖ (pp. 404- his antinomies) in the spirit of non-observance of cess of cosmic evolution is unambiguous and construct which does not have any referents in 405). Analyzing Zeno‘s aporias, Hegel (2019) the law of the excluded third. Therefore, he pos- teleonomic. objective cosmogonic processes. But do these noted that it was necessary to agree with ancient tulates two more antinomies. The strong anthropic principle absolutizes processes exist? This Humean epistemological thinkers that the movement was contradictory, In accordance with Kant (1964), the ap- the necessity for a major step forward to the hu- scepticism leads us to the conclusion that it is but it did not follow from the point that there was pearance of the world and all can be derived mans for global cosmic evolution, strengthens impossible to know the Universe as a single no movement and, on the contrary, the move- from Spontaneity versus There is no Spontanei- this process teleonomically of and claiming that harmonious entity. And in its turn, dating back to ment was the existing contradiction by itself (pp. ty; everything in the world takes place solely in there is one possible Universe which is in some ancient philosophy, this conclusion is based on 134-135). Essentially, Zeno revealed a formally accordance with laws of nature. (pp. 418-419). sense compelled to eventually have conscious the contrast between the necessity of cause-effect logical contradiction of movement deriving from Spontaneity is incorrectly opposed to necessity. and sapient life emerge within it (Barrow & relations and the accidental, which is contrasted the postulates of absolute time and absolute Hence the dilemma turns to be the false one. As Tipler, 1988, p. 21). Obviously, this approach to the necessity as a groundless attempt (Demo- space, which can be arbitrarily divided into any Kant (1964) also says, there belongs to the logically conflicts with the abovementioned critus). Hence, there comes a new contrast be- segments. The great philosopher Aristotle spoke world, either as its part or as its cause, a being ―multi-world‖ interpretation of Everett‘s quan- tween the necessary general and randomly indi- of the dialectical connection of space and time as (God) that is absolutely necessary versus an ab- tum mechanics, although the latter also postu- vidual. The positivist approach to scientific the properties of things that cannot exist outside solutely necessary being (God) nowhere exists in lates the primacy of the observation act towards knowledge this knowledge treated as empirically the things themselves similar to whiteness which the world, nor does it exist outside the world as its result. The following Carter‘s (1978) words single and random leads to the assertion that the cannot exist outside the specifically white things. its cause (pp. 424-425). Both dilemmas are based acknowledge the fact that the strong anthropic causes of the formation of the Universe cannot Hegel is credited with the formation of the first on anti-dialectic contraposition of the necessity principle is logically connected with Laplacian be established in cosmology and cosmogony. In approaches to the potential infinity and inex- of a causal series (pan-causalism) and ―ground- determinism: ―The Universe (and hence the fun- connection with this, it is advisable to single out haustibility of the world and the definition of less‖ chance. Kantian arguments in favour of the damental parameters on which it depends) must for criticism the fundamentals of I. Kant‘s philo- space and time as characteristics of changes in equal truth of contradictory statements seem very be as to admit the creation of observers within it sophical views. These are the views of an out- specific things. However, it is the great physicist naive nowadays. But those trusting these argu- at some stage of evolution‖ (p. 373). One of the standing founder of German classical philoso- Albert Einstein that drew a definite line in this ments believe that the antinomies refer to rele- critics of the anthropic principle made the fol- phy, and they still stay relevant. dispute. When answering to a journalist‘s, ques- vant epistemological contradictions. According lowing warding of this principle paraphrasing a In the context of the above-mentioned is- tion on how to explain in a concise and accessi- to the law of the excluded third, contradictory famous saying by Descartes: ―I think, therefore sues of cosmology, it is especially important to ble way the main conclusions of the theory of statements cannot be either true or false at the the world is‖. turn to the consideration of Kantian antinomies. relativity, Einstein gave quite a cosmological same time, but Kant ―proves‖ that they are true The ultimate result of abstraction is an ideal As the founder of the new philosophical school, explanation and said that before it was believed in parallel. From Kant‘s point of view, antino- object which is an example of the conceptual. Kant formulated a number of the problems (pri- that if all matter disappeared from the Universe, mies show that the learning higher essences of

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―things in themselves‖ is impossible either sen- in his doctoral dissertation of 1801 saying that sually or rationally. In this way, Kant unfolds contradiction is the criterion of truth and the ab- before us as a partial-shape agnostic philosopher. sence of contradiction is the criterion of error. Facing some epistemological difficulties that un- This thesis is the key to interpreting the essence dermined both the old rationalism and empiri- of dialectical logic. Kantian a priori knowledge cism, Kant takes an original position. He defends and phenomenalism were developed by E. Hus- sensualism against extreme rationalism which serl (1994), who argued that transcendentally treated sensations an only imaginary knowledge. phenomenological reduction is designed to solve But he also defends rationalism against one-sided the problem of correlation between ―constitutive of sensualism, which interpreted thinking as a subjectivity and constituted objectivity‖ (p. 132). direct continuation of sensuality in quality or, at At the same time, it must be recognized that such least, in terms of the functions of direct expres- an epistemological problem really exists, but it is sion of the properties and the structure of the impossible to follow the way of orthodox subjec- outer world. On the other hand, Kant also criti- tive idealism here, calling any objective thing a cizes both sensualism, which treated mind as its subjective construction. With this approach, a successor on the way of cognizing the essence of radical abolition of objective reality, including all things, and the old rationalism which claimed to cognition and, consequently, the procedure of fulfil the task to solve this problem directly. Al- cosmos cognition takes place. In this way, sub- ready Hegel reconciled Kant‘s antinomies inter- jectivity is destroyed for the subjective exists on- preting them in the spirit of dialectical logic. He ly in an inextricable linkage with the objective. also ironically commented on the law of the ex- In this case, one cannot allow a return to the excluded third. Hegel cited the following example: haustively criticized position of R. Avenarius on ―Spirit is green - Spirit is not green‖. To raise the the ―principle coordination‖, of the object and question ―Which of these two statements is the subject and their inextricable linkage that is true?‖ is senseless, since both of them are sense- what the proponents of introducing the observer less. No law of logic can be applied to the into the cosmological model do. This linkage is judgements which subject and predicate are not of symmetrical character as there is no the doubtful regarding their existence. The same as- subjective without the objective, but there is the sertions can be made about all four the- objective without the subjective (in the end, this ses/antithesis pairs in Kantian antinomies. Kant‘s is not a question of concepts, but about the enti- antinomies are based on a misunderstanding of ties behind them that is about the content of con- the dialectical link of objective opposites, and cepts). Otherwise, the objective is deprived of its cannot serve as arguments for the existence of essence and existence. There was no past YET some incomprehensible ―things in themselves‖, when there was no something subjective, the ―noumena‖. present when there was no actual linkage be- The contradiction found in judgments about tween this objective and something subjective. something is an incentive to cognizing the truth There is no future when there is ALREADY no and not the reason to abandon cognition and to subjective reflecting this objective. join the ―creeping empiricism‖ of phenomenolo- In more recent times, the idea of principal gy. Hegel aptly expressed himself int his regard coordination was largely discredited when trying

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―things in themselves‖ is impossible either sen- in his doctoral dissertation of 1801 saying that to use it for the interpretations of the physical manifestation. True knowledge as Plato taught sually or rationally. In this way, Kant unfolds contradiction is the criterion of truth and the ab- discoveries of the late XIX - early XX century. must be a combination of sensuality and mind, before us as a partial-shape agnostic philosopher. sence of contradiction is the criterion of error. Thus, observing no direct linkage between a and the mind must comprehend the elements of Facing some epistemological difficulties that un- This thesis is the key to interpreting the essence cognizing subject and a micro-object (electron) sensory experience in order to discern the com- dermined both the old rationalism and empiri- of dialectical logic. Kantian a priori knowledge the outstanding physicist Henri Poincaré, argued mon in the singular and the eternal in the transi- cism, Kant takes an original position. He defends and phenomenalism were developed by E. Hus- that matter at the level of the microcosm ―disap- ent. Plato (1968) through the mouth of his be- sensualism against extreme rationalism which serl (1994), who argued that transcendentally pears‖, only some equations describing imagin- loved teacher Socrates gives his classical truth- treated sensations an only imaginary knowledge. phenomenological reduction is designed to solve ing things remain. The post-non-classical science definition, saying that the one who speaks of But he also defends rationalism against one-sided the problem of correlation between ―constitutive includes the cognizing subject with his/her philo- things according to what they are, speaks the of sensualism, which interpreted thinking as a subjectivity and constituted objectivity‖ (p. 132). sophical and scientific views and beliefs in the truth (p. 417). This understanding of truth dis- direct continuation of sensuality in quality or, at At the same time, it must be recognized that such description of scientific discovery, and this al- plays the only criterion of truth, which is prac- least, in terms of the functions of direct expres- an epistemological problem really exists, but it is lows us to establish a linkage between the cogni- tice. There is no rhyme or reason to identify sion of the properties and the structure of the impossible to follow the way of orthodox subjec- tion of truth and the dialectical materialist phi- practice with empirical verification, as did the outer world. On the other hand, Kant also criti- tive idealism here, calling any objective thing a losophy. Based on the foregoing, one can cast representatives of neo-positivism. It is a practice cizes both sensualism, which treated mind as its subjective construction. With this approach, a doubt on the effectiveness of the phenomenolog- that sweeps away all subjective idealism assump- successor on the way of cognizing the essence of radical abolition of objective reality, including all ical analysis for not only cosmological theories tions about the fact that we deal not with objects things, and the old rationalism which claimed to cognition and, consequently, the procedure of but also for any theoretical constructs in general. and processes but with their subjective images. It fulfil the task to solve this problem directly. Al- cosmos cognition takes place. In this way, sub- For the truth is neither on the surface of a phe- is easy to get ascertained that truth cannot be ver- ready Hegel reconciled Kant‘s antinomies inter- jectivity is destroyed for the subjective exists on- nomenon, nor it is cognized and recognized in- ified by voting. Imagine a pan-European referen- preting them in the spirit of dialectical logic. He ly in an inextricable linkage with the objective. tuitively. All examples of triggering ―creative dum devoted to the description of the Universe also ironically commented on the law of the ex- In this case, one cannot allow a return to the ex- intuition‖ illustrate this statement, for example, which dates back to the days when Copernicus cluded third. Hegel cited the following example: haustively criticized position of R. Avenarius on according to a famous legend known already was finishing his work on his heliocentric model. ―Spirit is green - Spirit is not green‖. To raise the the ―principle coordination‖, of the object and during D. I. Mendeleev‘s lifetime, his periodic Revising the concept of ―truth‖ going back to question ―Which of these two statements is the subject and their inextricable linkage that is table came from his dream when he saw a table Plato in favour of the idea that truth is a matter of true?‖ is senseless, since both of them are sense- what the proponents of introducing the observer where all the elements fell into places as re- social agreement we, generally speaking, fall out less. No law of logic can be applied to the into the cosmological model do. This linkage is quired. It is known that the author of the periodic of the field of science. We have good reason to judgements which subject and predicate are not of symmetrical character as there is no the table was very ironic about this legend, noting believe that the famous Malevich‘s Black Square doubtful regarding their existence. The same as- subjective without the objective, but there is the that the table was the fruit of the research which would not have been possibly considered as a sertions can be made about all four the- objective without the subjective (in the end, this took more than twenty years of hard work. An- work of art in any society up until the twentieth ses/antithesis pairs in Kantian antinomies. Kant‘s is not a question of concepts, but about the enti- other widely used variant of the subjective- century. The criteria of truth degraded in antinomies are based on a misunderstanding of ties behind them that is about the content of con- idealistic solution to the problem of truth in sci- modernism and postmodernism, including but the dialectical link of objective opposites, and cepts). Otherwise, the objective is deprived of its entific knowledge is the assertion that the truth of not limited to art. General significance became cannot serve as arguments for the existence of essence and existence. There was no past YET a theory is established on the basis of the collec- known as the criterion of truth. How this can some incomprehensible ―things in themselves‖, when there was no something subjective, the tive agreement of a community of professional ―work‖ was brilliantly shown by G. Kh. Ander- ―noumena‖. present when there was no actual linkage be- scientists (Nesteruk, 2017, p. 12). Is it not this son, in his philosophical tale ―The Emperor‘s The contradiction found in judgments about tween this objective and something subjective. position that dissertation councils take advantage New Clothes‖. Nowadays, the effect of such a something is an incentive to cognizing the truth There is no future when there is ALREADY no of when they decide whether some scholars will ―promoted‖ general significance as the criterion and not the reason to abandon cognition and to subjective reflecting this objective. obtain their PHDs? Truth is linked with an objec- of truth is observed in art, in politics, in trade, join the ―creeping empiricism‖ of phenomenolo- In more recent times, the idea of principal tive entity which is defined as a relative need for and even in science that is almost everywhere. L. gy. Hegel aptly expressed himself int his regard coordination was largely discredited when trying discovering many chances as the forms of its Wittgenstein argued that the veritable criterion of

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something that he had correctly drawn when ent, even opposite character in terms of geocen- looking at it was in something that he said, mea- tric and heliocentric models. Current physical ning that it was veritable. So right or true? These cosmology has shifted the solar system to the may be translation difficulties. In some lan- most distant periphery of the Milky Way. Non- guages, there is no terminological distinction be- geocentric has become truly global. In this re- tween truth and verity. But this does not mean gard, placing the Earth back in the centre of the that they do not differ at the level of the essence Universe and calling Humans the crown of crea- and the terms are treated as synonyms, and not as tion via the postulation of the anthropic principle homonyms. Everyone clearly understands that looks like the return to Ptolemy... It should be on a polygraph test or a lie detector test, it is im- noted that the principle of the reproduction of the possible to separate truth from delusions, but it is phylogenesis in the ontogenesis obtains much possible to separate the truth from lies. These greater heuristic potentials and this fact drew E. considerations are another counterargument Haeckel‘s attention as early as 1866. This princi- against the idea of the possibility of using general ple can also be helpful in consideration of the significance as a criterion of truth. There remains spiritual formation of the society and the devel- an agreement in faith or a faith agreement. But opment of consciousness. In this case, the social faith means choosing the road to the temple, not nature of human beings will be taken into ac- to the World... (Oganyan K. M., Branskij, & Og- count in contrast to genetic similarity principle. anyan K. K., 2018, pp. 57-72). However, we doubt whether this principle can be Another position in modern cosmology used for the argumentation of inextricable link- aiming at hiding agnosticism is that the Universe ages and connections between the development is so grandiose that it can be declared as princi- of the Universe and humanity. What can prevent pally unobservable. There is no reason to extrap- us from using current discoveries in cosmogony olate the knowledge of a tiny part of the Uni- and cosmology to establish the basis for such verse to the entire observable Universe. Modern linkages and connections? science came across the absence of observability The analysis undertaken demonstrates that when developing classical electrodynamics by J. many interpretations of current discoveries in Maxwell. Taking cosmology into account, the cosmogony and cosmology are based on the fol- absence of observability of objective process def- lowing old philosophical fallacies: initely took place already in the outbreak and 1. the identification of the perceptual, the con- extension of the geocentric system developed by ceptual and the objectively real; Anaximander of Miletus in the 6th century BC. 2. the classical religious and philosophical The concept of this system was further devel- doctrine of God‘s creation of the World and oped by Aristotle and finally formed by Ptolemy Man; in the 2nd century AD. 3. metaphysical space/time absolutization, defining space and time as substances or abso- Conclusion lute entities (the substantial concept); 4. erroneous extrapolation of the macrocosmic The human in place space, the essence and structural organization into the microcosm meaning of human existence are of rather differ- and vice versa;

WISDOM 1(14), 2020 66 66 On the Perceptual, the Conceptual, the Objectively Real and the Problem of Truth in Cosmogony and Cosmology

something that he had correctly drawn when ent, even opposite character in terms of geocen- 5. agnostic scepticism regarding the impossi- and Observation, 359-378. looking at it was in something that he said, mea- tric and heliocentric models. Current physical bility to cognize and recognize the Universe Hawking, S. W. (1967). The Occurrence of Sin- ning that it was veritable. So right or true? These cosmology has shifted the solar system to the in view of its practical infinity; gularities in Cosmology. III. Causality may be translation difficulties. In some lan- most distant periphery of the Milky Way. Non- 6. claiming that the rules of logic can distin- and singularities. Proceedings of the guages, there is no terminological distinction be- geocentric has become truly global. In this re- guish criteria of truth on their own; Royal Society A. Retrieved from: tween truth and verity. But this does not mean gard, placing the Earth back in the centre of the 7. the assertion that the truth of a theory is es- https://doi.org/10.1098/rspa.1967.0164. that they do not differ at the level of the essence Universe and calling Humans the crown of crea- tablished on the basis of the collective Hegel, G. (2019). Logika (Logic, in Russian). and the terms are treated as synonyms, and not as tion via the postulation of the anthropic principle agreement of the majority of a community Moscow: AST. homonyms. Everyone clearly understands that looks like the return to Ptolemy... It should be of professional scientists; Husserl, E. (1994). Fenomenologiya vnutrenne- on a polygraph test or a lie detector test, it is im- noted that the principle of the reproduction of the 8. hypostatization which is giving the status of go soznaniya-vremeni (The Phenome- possible to separate truth from delusions, but it is phylogenesis in the ontogenesis obtains much objective reality to abstract conceptual nology of Internal Consciousness- possible to separate the truth from lies. These greater heuristic potentials and this fact drew E. structures and ideal objects; Time, in Russian). Moscow: RIG Lo- considerations are another counterargument Haeckel‘s attention as early as 1866. This princi- 9. Laplacian determinism postulating absolute gik. against the idea of the possibility of using general ple can also be helpful in consideration of the necessity and linearity of cause and effect Kant, I. (1964). Kritiki chistogo razuma (Criti- significance as a criterion of truth. There remains spiritual formation of the society and the devel- relationships of the cosmogonic processes. cism of Pure Mind, in Russian) Works an agreement in faith or a faith agreement. But opment of consciousness. In this case, the social Understanding and overcoming these falla- in six volumes (Vol. 3). Moscow: Pen- faith means choosing the road to the temple, not nature of human beings will be taken into ac- cies opens the way for a dialectical interpretation sée. to the World... (Oganyan K. M., Branskij, & Og- count in contrast to genetic similarity principle. of current discoveries in cosmology and cos- Kojre, A. (2001). Novaya astronomiya i novaya anyan K. K., 2018, pp. 57-72). However, we doubt whether this principle can be mogony. metafizika (New Astronomy and New Another position in modern cosmology used for the argumentation of inextricable link- Metaphysics, in Russian). From the aiming at hiding agnosticism is that the Universe ages and connections between the development REFERENCES Closed World to the Infinite Universe, is so grandiose that it can be declared as princi- of the Universe and humanity. What can prevent 29-46. pally unobservable. There is no reason to extrap- us from using current discoveries in cosmogony Barrow, J. D., & Tipler, F. J. (1988). The An- Livio, M. (2016). Byl li Bog matematikom? (Was olate the knowledge of a tiny part of the Uni- and cosmology to establish the basis for such thropic Cosmological Principle. Ox- God a Mathematician? in Russian). verse to the entire observable Universe. Modern linkages and connections? ford: Clarendon Press. Moscow: АСТ. science came across the absence of observability The analysis undertaken demonstrates that Branskij, V. P. (2014). Sinergetika i kosmologiya Nesteruk, A. (2017). Fundamental`nye filoso- when developing classical electrodynamics by J. many interpretations of current discoveries in (filosofskie osnovaniya kosmologiches- fskie problemy sovremennoi kosmolo- Maxwell. Taking cosmology into account, the cosmogony and cosmology are based on the fol- koj modeli vselennoj) (Synergy and gii: ekzi-stencial`no-fenomenologiches- absence of observability of objective process def- lowing old philosophical fallacies: Cosmology (Philosophical Foundations kii analiz (Fundamental Philosophical initely took place already in the outbreak and 1. the identification of the perceptual, the con- of the Cosmological Model of the Uni- Problems of Modern Cosmology: Exis- extension of the geocentric system developed by ceptual and the objectively real; verse), in Russian). St. Petersburg Her- tential and Phenomenological Analysis, Anaximander of Miletus in the 6th century BC. 2. the classical religious and philosophical ald, 4(17), 12-29. in Russian). Moscow: URSS. The concept of this system was further devel- doctrine of God‘s creation of the World and Carnap, R. (1971). Studies in Inductive Logic Oganyan, K. M. (1987). Theoretical Knowledge oped by Aristotle and finally formed by Ptolemy Man; and Probability. (Vol. 1.). University of Species Genesis (on the Basis of Physi- in the 2nd century AD. 3. metaphysical space/time absolutization, de- California Press. cal Theories). 8 International Congress fining space and time as substances or abso- Carter, B. (1978). Sovpadenie bol`shix chisel i of Lope Methodology and Philosophy Conclusion lute entities (the substantial concept); antropologicheskii princip v kosmologii of Science, 53-59. 4. erroneous extrapolation of the macrocosmic (Coincidence of Large Numbers and Oganyan, K. M. (1992a). Beskonechnosti i kvan- The human in place space, the essence and structural organization into the microcosm Anthropological Principle in Cosmolo- tovaya kosmologiya (Infinity and Quan- meaning of human existence are of rather differ- and vice versa; gy, in Russian). Cosmology: Theory tum Cosmology, in Russian). Interac-

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tion and the Problem of the Beginning ingradskoi ontologicheskoi i erevans- of the World in Science and Technology koi logiko-argumentacionnoi shkolakh (Materials of the International Semi- (Methodological Analysis of Genesis of nar) from November 27-29, 1991), 135- Scientific Theory: Types of Science 144. Knowledge and their Relationship. Oganyan, K. M. (1992b). Antropnyi princip i no- Outlines about Leningrad Ontological vyi vzglyad na Vselennuyu (Anthropic and Yerevan Logico-Argumentational Principle and a New Look at the Uni- Schools, in Russian). Saint Petersburg: verse, in Russian). Interaction of Sci- SPGU. ence and Theology in the Study of the Ogorodnikov, V. P. (1985). Poznanie neobkhodi- Problem of Nature and Society: History mosti: Determinizm kak princip nauch- and Modernity, 148-155. Saint Peters- nogo mirovozzreniya (Recognition of burg: SPGU. Necessity: Determinism as a Principle Oganyan, K. M. (2018). In Memoriam. Vladimir of the Scientific Worldview, in Rus- BRANSKIJ. Wisdom, 1(10), 127-137. sian). Moscow: Pensée. Oganyan, K. M., Branskij, V. P., & Oganyan, K. Ogorodnikov, V. P., & Oganyan, K. M. (2019). K. (2018). A New Line of Research: The Link between Necessity and Ran- Synergetic Philosophy and Sociology domness in Scientific Discovery (Con- of Personality. Wisdom, 1(10), 57-72. structive Criticism of Karl Popper‘s Oganyan, K. M., Branskij, V. P., Hovhannisyan, Conception). Wisdom, 2(13), 30-38. H. H., & Djidjian, R. Z. (2018). Metod- Plato (1968). Sochineniya: v trekh tomakh (Com- ologicheskii analiz genezisa nauchnoi positions: in 3 volumes, in Russian) teorii: vidy estestvennonauchnogo zna- (Vol. 1). Moscow: Pensée. niya i ikh vzaimosvyaz. Ocherki o len-

WISDOM 1(14), 2020 68 68 Nadezhda POKROVSKAIA, Yakov MARGULYAN, Alena BULATETSKAIA, Svetlana SNISARENKO

tion and the Problem of the Beginning ingradskoi ontologicheskoi i erevans- DOI: 10.24234/wisdom.v14i1.305 of the World in Science and Technology koi logiko-argumentacionnoi shkolakh Nadezhda POKROVSKAIA, (Materials of the International Semi- (Methodological Analysis of Genesis of Yakov MARGULYAN, nar) from November 27-29, 1991), 135- Scientific Theory: Types of Science Alena BULATETSKAIA, 144. Knowledge and their Relationship. Svetlana SNISARENKO Oganyan, K. M. (1992b). Antropnyi princip i no- Outlines about Leningrad Ontological vyi vzglyad na Vselennuyu (Anthropic and Yerevan Logico-Argumentational INTELLECTUAL ANALYSIS FOR EDUCATIONAL PATH Principle and a New Look at the Uni- Schools, in Russian). Saint Petersburg: COGNITIVE MODELING: DIGITAL KNOWLEDGE FOR POST-MODERN verse, in Russian). Interaction of Sci- SPGU. VALUE CREATION ence and Theology in the Study of the Ogorodnikov, V. P. (1985). Poznanie neobkhodi-

Problem of Nature and Society: History mosti: Determinizm kak princip nauch- Abstract and Modernity, 148-155. Saint Peters- nogo mirovozzreniya (Recognition of burg: SPGU. Necessity: Determinism as a Principle The philosophy of cognition allows humans to better orient in the world due to the deepening and ex- Oganyan, K. M. (2018). In Memoriam. Vladimir of the Scientific Worldview, in Rus- tension of available paths to follow. The cognitive modelling determines the understanding, knowledge BRANSKIJ. Wisdom, 1(10), 127-137. sian). Moscow: Pensée. creation and reality reflection in a person‘s conscience. The human persons apply the cognitive approach Oganyan, K. M., Branskij, V. P., & Oganyan, K. Ogorodnikov, V. P., & Oganyan, K. M. (2019). in the logics and ethics, the example to illustrate this refers to the regulative issues related to self-driving K. (2018). A New Line of Research: The Link between Necessity and Ran- cars, the solutions for the making decision and for the responsibility. Synergetic Philosophy and Sociology domness in Scientific Discovery (Con- Philosophy of education is a specific part of the general knowledge about the creation and transfer of of Personality. Wisdom, 1(10), 57-72. structive Criticism of Karl Popper‘s knowledge that traditionally allowed scholars the understanding of the cognition process. The digital era Oganyan, K. M., Branskij, V. P., Hovhannisyan, Conception). Wisdom, 2(13), 30-38. gives broader sense to the cognition and the diversity of knowledge to analyze through the philosophical H. H., & Djidjian, R. Z. (2018). Metod- Plato (1968). Sochineniya: v trekh tomakh (Com- approach and to the synthesis through educational practices as a subject for the philosophical study. ologicheskii analiz genezisa nauchnoi positions: in 3 volumes, in Russian) The paper presents the longitude results obtained in 2005-2020 of the values that determine the teorii: vidy estestvennonauchnogo zna- (Vol. 1). Moscow: Pensée. choice of the educational trajectory on the level of the second degree of higher education – Master pro- niya i ikh vzaimosvyaz. Ocherki o len- grams, which are not necessary for the majority of the corporate positions, that allows scholars to analyze

this choice as reflecting the free interest of the potential students for their personal cognitive growth.

Keywords: values scale, social regulation, education, cognitive modelling, intellectual analysis, intelligence.

Introduction es; the digital era allows humans to transfer the wider bulk of work to proceed and analyse the Human intellectual activity is examined as a collected data from the the human brain toward part of the history of knowledge, the perception the machine. and understanding of the reality by humans. The The machine learning and neuron networks empirical data collected with the human feelings allow humans to avoid a part of intellectual underlie the knowledge; the scientific and tech- work, the ―intellectual, analytical‖ systems repre- nological development helps to collect the data sent the digitalized solution for the statistical data with monitors, sensors and other tools fixing and treatment, and the correlations concluded, that registering the diverse indicators of the process- can help to understand the reality (Khansuva-

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rova, T. A., Khansuvarov, R. A., & Pokrovskaia, cuss the interconnection between, on the one 2018). The intellectual systems‘ work can re- hand, the digital technologies‘ influence on the place human activities in very numerous and di- intellectual analysis, understood as machine verse kinds of fields (Davenport & Kalakota, learning applied to the labour market dynamics, 2019). The life-long learning is one of the solu- and, on the other hand, the cognitive modelling tions for human beings who want to be involved of the personality self-realization and personal into active life, with producing of any kind of interests‘ embodiment through the choice of the creative products, that is reflected by the increas- professional growth and educational path. ing interest of adults and graduates to the second (Master) level of higher education. Educational Path Choice Analysis The pressure of the digital technologies, the neuron networks and artificial intelligence ful- Today the young generation representatives filled by the computing techniques and infor- coming at universities to get the higher educa- mation technologies forces part of people to tion, especially, at the Master level of studying, change their professional speciality that is typical are focused on achieving specific results and are for the routine functions and jobs (Sigov, Uva- choosing an educational institution, an educa- rov, & Pokrovskaia, 2017). At the same time, the tional program and, in general, the higher level cognitive approach to modelling the professional of education, based on the planning of their own growth based on the intellectual analysis tools professional development and career growth ac- helps to discover more attractive activities, to cording to their personal preferences. The per- develop the creativity (Ababkova, Pokrovskaia, sonality plays a more important role in the so- & Trostinskaya, 2018) and to enhance the human cial-economic pressure from the labour market, dimension with the capacities to build the cogni- the employers‘ needs. The key importance of the tive model of the future self-realization (Ab- formation of professional competencies is mani- abkova & Leontieva, 2018). fested in the independence of choice based on the The Master students represent the group of values of labour and on the key motives of la- population with a high level of maturity, compar- bour behaviour. ing to the Bachelor students who perceive the The orientation to the professional trajecto- graduating as an opening of doors in the labour ry, which is typical for the Soviet period of de- market. The results of the survey of the reasons velopment of the education system as a list of within the Master education choice help us to specialities replying to the criteria of the future better understand the real role of the human place employment through the system of planned dis- in the information society and digital era. tribution of graduates to enterprises, the descrip- The theoretical research intends to find the tion of the requirements was coherent to the fu- essential typical features of the post-modernity ture professional path, is now giving way to a evolution of the life strategy of humans, on the new approach that aims the student to build his example of the choice of educational strategies or her professional and educational trajectory and parts in the professional activity, based on autonomously, to create the curriculum vitae the empirical results of longitude study that took with their own interests, motivations and ideas place in 2005-2020. The paper purpose is to dis- for the future job.

WISDOM 1(14), 2020 70 70 Intellectual Analysis for Educational Path Cognitive Modeling: Digital Knowledge for Post-Modern Value Creation

rova, T. A., Khansuvarov, R. A., & Pokrovskaia, cuss the interconnection between, on the one The dynamics of the criteria for making a logical research. To identify the content of the 2018). The intellectual systems‘ work can re- hand, the digital technologies‘ influence on the decision on the choice of a particular educational criteria for choosing an educational program as place human activities in very numerous and di- intellectual analysis, understood as machine program clearly reflects the macroeconomic and an element of the trajectory of personal and pro- verse kinds of fields (Davenport & Kalakota, learning applied to the labour market dynamics, socio-cultural changes taking place in society, as fessional development in a number of universi- 2019). The life-long learning is one of the solu- and, on the other hand, the cognitive modelling evidenced by the results of a sociological study ties, economics and management faculties con- tions for human beings who want to be involved of the personality self-realization and personal of the model of preferences when choosing an ducted a study aimed at identifying the decisive into active life, with producing of any kind of interests‘ embodiment through the choice of the educational program. factors in choosing an educational level and edu- creative products, that is reflected by the increas- professional growth and educational path. Since the decision to obtain or continue ed- cational program. The study was conducted during interest of adults and graduates to the second ucation is made almost completely consciously, ing the last 14 years, starting in 2005, and in- (Master) level of higher education. Educational Path Choice Analysis the content of such a criteria‘ model can be stud- cluded, among others, a direct question about the The pressure of the digital technologies, the ied on the basis of formalized methods of socio- criteria that influenced a student‘s decision: neuron networks and artificial intelligence ful- Today the young generation representatives filled by the computing techniques and infor- coming at universities to get the higher educa- Table 1 mation technologies forces part of people to tion, especially, at the Master level of studying, The Significance of the Criteria for the Choice between the Educational Programs, change their professional speciality that is typical are focused on achieving specific results and are % to the Number of Respondents for the routine functions and jobs (Sigov, Uva- choosing an educational institution, an educa- Education strategy criteria 2005 2008 2012 2015 2018 2020 rov, & Pokrovskaia, 2017). At the same time, the tional program and, in general, the higher level Professional speciality 25,7 30,5 31,0 21,6 32,1 36,6 cognitive approach to modelling the professional of education, based on the planning of their own Communication with students from other countries 19,2 19,0 17,1 19,6 2,5 5,7 growth based on the intellectual analysis tools professional development and career growth ac- Communication with interesting teachers, professors 8,2 12,6 15,5 3,9 13,6 16,5 helps to discover more attractive activities, to cording to their personal preferences. The per- Ability to gain new knowledge and skills 51,0 56,3 58,9 51,0 43,2 48,5 develop the creativity (Ababkova, Pokrovskaia, sonality plays a more important role in the so- Studying of foreign language 39,4 42,5 45,0 27,5 19,8 14,4 & Trostinskaya, 2018) and to enhance the human cial-economic pressure from the labour market, Semester of study abroad 9,2 10,9 14,0 13,7 18,5 8,8 dimension with the capacities to build the cogni- the employers‘ needs. The key importance of the Internship abroad 44,9 34,5 31,0 37,3 33,3 32,0 tive model of the future self-realization (Ab- formation of professional competencies is mani- Employment prospects 47,9 50,0 62,0 62,7 56,8 26.8 abkova & Leontieva, 2018). fested in the independence of choice based on the Price 5,5 8,6 12,4 15,7 16,0 13,9 The Master students represent the group of values of labour and on the key motives of la- Reputation 10,3 12,6 16,3 19,6 17,3 18,0 population with a high level of maturity, compar- bour behaviour. The influence of parents, family, loved ones, friends 0,3 1,7 3,1 2,0 23,5 24,7 ing to the Bachelor students who perceive the The orientation to the professional trajecto- graduating as an opening of doors in the labour ry, which is typical for the Soviet period of de- Source: (Pokrovskaia & d‘Ascenzo, 2018); and the results of the research carried out market. The results of the survey of the reasons velopment of the education system as a list of with the participation of A. N. Levitskaya in winter-spring 2020 (the research director is N.N. within the Master education choice help us to specialities replying to the criteria of the future Pokrovskaia), the results‘ report is not published yet. better understand the real role of the human place employment through the system of planned dis- in the information society and digital era. tribution of graduates to enterprises, the descrip- The obtained results reflect the dynamic of logic. The Master students have already achieved The theoretical research intends to find the tion of the requirements was coherent to the fu- the criteria applied by students to choose their the first level of higher education and received essential typical features of the post-modernity ture professional path, is now giving way to a educational path at the Master level, after having the diploma that is compulsory to obtain a well- evolution of the life strategy of humans, on the new approach that aims the student to build his been graduated. If bachelor students are under paid job and the initial level of financial autono- example of the choice of educational strategies or her professional and educational trajectory pressure of the labour market to choose the re- my and to satisfy basic needs. Since the global and parts in the professional activity, based on autonomously, to create the curriculum vitae quired profession that corresponds to the vacant crisis 2008-2009 the employment factors (domi- the empirical results of longitude study that took with their own interests, motivations and ideas jobs proposed by employers, the Master studying nating throughout the decade, first place in 2012- place in 2005-2020. The paper purpose is to dis- for the future job. is chosen by the students according to a different 2018 - 62.0 and 62.7%, 56.8% in 2018), ceded

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their priority place to the possibility of obtaining employment and the expansion and updating of new knowledge and skills (almost 60% in 2008 instrumental baggage of knowledge and skills, and 2012, but only 51.0% in 2015, 43.2% in including a foreign language - have been fairly 2018, and 48.5% again in 2020). Over the 15 stable over the past ten years. At the same time, years, the factor of a foreign internship is slightly the dynamics of changes in the criteria and fac- behind: third place in 2005 and 2018 - 44.9% tors that had a decisive influence on the choice of and 33.3%, moreover, in 2008-2012, the intern- an educational program testifies to the combina- ship took the 4th place, yielding to a foreign lan- tion of behavioural patterns as a ―forced‖ re- guage study - 42.5% and 45.0%, but the value of sponse to the demands of the labour market and the last factor in 2018 decreased to 19.8% and to the employer (the growing importance of the cri- 14.4% in 2020. terion associated with employment prospects, In the era of innovation growth, new know- from 47.9% in 2005 up to 62.7% of 2015), with ledge and skills can constitute the key competi- the desire to expand the set of its competitive tive advantage (Porter, 1985) of the graduate of advantages in the labour market. the educational program in employment. The In addition, making a conclusion about the significance of the criterion for learning a foreign underlying sociocultural reasons for such chang- language is associated, on the one hand, with es, it is legitimate to ask the question: does the globalization and the rapid growth of interna- second criterion mean self-actualization of stu- tional contacts in the last decades after 1985- dents‘ curiosity or reflects the demands of an in- 1990, and on the other hand, with trends in ex- novative economy that needs more open think- panding the field of application of future person- ing. The answer to this question can be obtained al and professional competencies, and the im- in the course of in-depth studies of socio-cultural portance of mobility of any type, including cul- mechanisms. tural and geographical mobility, is one of the el- A significant increase in the value of such a ements of competitiveness in the labour market. criterion as communication with interesting te- A foreign language begins to act not so much in achers (from 8.2 to 13.6% from 2005-2018), the role of the tool used, as in the role of an im- combined with a reduction in the importance of portant element in the resume, without which the the criterion of the social category of students as professional portrait does not look complete. a future social circle (from 19.2 to 2.5% ) forces It can be concluded that the socio-cultural us to conclude that the educational program is orientation to the pragmatisation of educational gradually becoming an area of transfer of activities and adaptation to government deci- knowledge and skills with a relative reduction in sions, Eurasian integration and the development the role in the community, also very significant of an innovative economy, to macroeconomic in terms of the formation of social capital, but shocks (financial and economic crisis of 2008- still not decisive, given the function of the social 2010) are significantly reflected in the changes in institution of education ac transmission systems the importance of various criteria for the selec- of knowledge and experience from the older tion of training programs. generation to the next one. As can be seen from the table, the dynamics In this connection, the North American and of the criteria described above - the prospects for Western European experience of forming a pro-

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their priority place to the possibility of obtaining employment and the expansion and updating of fessional path and choosing a student‘s career within the framework of state regulation of the new knowledge and skills (almost 60% in 2008 instrumental baggage of knowledge and skills, planning in the higher education system is espe- educational system of the society, and at the mi- and 2012, but only 51.0% in 2015, 43.2% in including a foreign language - have been fairly cially interesting, when the student is actively cro-level, in terms of the needs of employers in 2018, and 48.5% again in 2020). Over the 15 stable over the past ten years. At the same time, involved in the educational process as a subject mature and an adequate worker with a developed years, the factor of a foreign internship is slightly the dynamics of changes in the criteria and fac- of inquiry. The activity of the professional plan is value-normative model of regulation of their behind: third place in 2005 and 2018 - 44.9% tors that had a decisive influence on the choice of based on the fact that the student comes to an own behaviour, and from the point of view of the and 33.3%, moreover, in 2008-2012, the intern- an educational program testifies to the combina- educational institution with his own interest, consumers of educational services, students and ship took the 4th place, yielding to a foreign lan- tion of behavioural patterns as a ―forced‖ re- generated by life and activities that he seeks to their families, who understand the freedom and guage study - 42.5% and 45.0%, but the value of sponse to the demands of the labour market and satisfy, for this he requires and seeks from the also the responsibility in the social development the last factor in 2018 decreased to 19.8% and to the employer (the growing importance of the cri- education system to provide the information and which requires not only professional but also 14.4% in 2020. terion associated with employment prospects, knowledge he needs, to develop the skills he personal competences in a knowledge-based In the era of innovation growth, new know- from 47.9% in 2005 up to 62.7% of 2015), with needs. On this basis, the system of higher voca- economy. ledge and skills can constitute the key competi- the desire to expand the set of its competitive tional education is transformed into a market for In a global innovation economy, the key tive advantage (Porter, 1985) of the graduate of advantages in the labour market. the demand for knowledge and supply. In this factor in the growth and well-being of society is the educational program in employment. The In addition, making a conclusion about the sense, the system of higher professional educa- the human potential of a firm or region. In a rap- significance of the criterion for learning a foreign underlying sociocultural reasons for such chang- tion can become a service industry satisfying the idly changing environment, only interest and ad- language is associated, on the one hand, with es, it is legitimate to ask the question: does the needs of the customer, in the highest sense of equate offer from educational institutions can globalization and the rapid growth of interna- second criterion mean self-actualization of stu- understanding the meaning and essence of the help professionals effectively shape their life tional contacts in the last decades after 1985- dents‘ curiosity or reflects the demands of an in- service sector. The educational services play the path and their professional career. The dynamics 1990, and on the other hand, with trends in ex- novative economy that needs more open think- additional role on the level of national develop- of criteria when making a decision on the choice panding the field of application of future person- ing. The answer to this question can be obtained ment (Eichengreen, Park, & Shin, 2014), the part of a particular educational program quite clearly al and professional competencies, and the im- in the course of in-depth studies of socio-cultural of the population with the higher education is reflects the macroeconomic and socio-cultural portance of mobility of any type, including cul- mechanisms. one of the determinants for the smooth economic changes taking place in society. If we consider tural and geographical mobility, is one of the el- A significant increase in the value of such a growth. the transition from the Soviet administrative ements of competitiveness in the labour market. criterion as communication with interesting te- At the same time, the need for educating a model to the market model, then one of the most A foreign language begins to act not so much in achers (from 8.2 to 13.6% from 2005-2018), person, a personality and a citizen is not always striking differences is the emergence of the la- the role of the tool used, as in the role of an im- combined with a reduction in the importance of realized and can be paid, such as, for example, a bour market and, in turn, the gradual abandon- portant element in the resume, without which the the criterion of the social category of students as hairdresser‘s service. In this regard, students‘ ment of the mandatory distribution of graduates professional portrait does not look complete. a future social circle (from 19.2 to 2.5% ) forces personal and professional development is not after completing any stage of education in any It can be concluded that the socio-cultural us to conclude that the educational program is only a subject of marketing efficiency of the educational institution. The emergence, as a con- orientation to the pragmatisation of educational gradually becoming an area of transfer of higher education system but also a question of sequence, of the problem of employment until activities and adaptation to government deci- knowledge and skills with a relative reduction in the responsibility of the state as a public institu- today has a serious impact on the form of the sions, Eurasian integration and the development the role in the community, also very significant tion, whose task is to redirect funds to the public criteria model of the choice of the educational of an innovative economy, to macroeconomic in terms of the formation of social capital, but good, which, in a certain sense, becomes person- path of the consumer of educational services, shocks (financial and economic crisis of 2008- still not decisive, given the function of the social al and professional development in the context of students and his reference persons (parents, fami- 2010) are significantly reflected in the changes in institution of education ac transmission systems the global socio-economic space of the XXI cen- ly, relatives, friends), making this choice increas- the importance of various criteria for the selec- of knowledge and experience from the older tury. At the same time, the functional duty of the ingly pragmatic and translating work from the tion of training programs. generation to the next one. education system to prepare not only a profes- sphere of the final to the group of instrumental As can be seen from the table, the dynamics In this connection, the North American and sional, but also a citizen, is increasingly recog- values. of the criteria described above - the prospects for Western European experience of forming a pro- nized both at the macro-level of management, During the choice of vocational education,

WISDOM 1(14), 2020 72 73 73 Nadezhda POKROVSKAIA, Yakov MARGULYAN, Alena BULATETSKAIA, Svetlana SNISARENKO

students are guided by many factors, among and ways of personal self-realization, in particu- which the prospects for successful self-realiza- lar, in the professional sphere in the format of a tion and a favourable starting position in career professiogram, the functional job description. growth occupy key positions. The correlation of The harmonization of personal development the significance of these two groups of factors - and self-actualization of the individual and the the content and functional characteristics of the employer‘s needs in the labour market, theoreti- place of work - depends on such external factors cally, should be achieved on the basis of the con- as the external socio-cultural environment, the stant adaptation of the educational trajectory of level of economic development, as well as the each individual to the socio-economic and tech- intrapersonal factors associated with individual nological changes in the market. For such an ad- psychological preferences. aptation, it is obviously necessary to harmonize In general, since the period of transition in the offer of educational services with the needs 1980-2000s, a shift took place in favour of func- of employers and students. tional motivators, in which work is considered The implementation of the functional aspect by the employee as a tool for implementing ex- of education as a way to increase prices in the ternal, non-content of labour, needs and goals. If labour market can and should, as it seems, be during the Soviet period the first group of factors based on an analysis of demand. Those. The was decisive, including interest in the content of choice of the educational trajectory should be activities and self-actualization in work, then to- based on the choice of deficient competencies, day a group of motivators dominates, orienting the acquisition of which should form the basis of graduates‘ preferences to successful employ- the criteria cognitive model when choosing an ment, including expectations of high-income educational program. The professional orienta- jobs, as quickly as possible to achieve attractive tion of students takes into account this factor; status positions in prestigious companies reputa- however, there is no systematic analysis of the tion. demand for competencies by educational institu- The relationship between the employer as a tions or students, which speaks today about the party to the demand in the labour market and weak degree of adequacy of both reactive and students offering their talents and competencies proactive approaches to the formation of stu- in this market can be carried out within the dents‘ educational and professional trajectories. framework of ego-marketing when the student A modern specialist is, first of all, an inde- studies the job offer and chooses his or her edu- pendent person who is able to build his own ac- cational path based on the analysis of published tivity, coordinating his own values with the job ads. In this sense, the harmony of the proac- needs of the company. The professional builds a tive and reactive approaches to the choice of a system of goals, giving them personal meaning. professional trajectory must be recreated: the on- In this case, we can talk about successful work in tological, existential desire of the individual to the long term. On the other hand, the system of change the world with which the person is in secondary education rarely considers the prob- contact, in accordance with his representative lems of meaning-building and goal-setting while system, value scale and normative model, is im- preparing a person for independent activities. plemented in the social fabric that offers forms Values are aspects of life that are significant

WISDOM 1(14), 2020 74 74 Intellectual Analysis for Educational Path Cognitive Modeling: Digital Knowledge for Post-Modern Value Creation

students are guided by many factors, among and ways of personal self-realization, in particu- to a person. It is obvious that each person has his and educational trajectory, rather than following which the prospects for successful self-realiza- lar, in the professional sphere in the format of a own hierarchy of values, but there are cultural the existing structure, that permits to analyze the tion and a favourable starting position in career professiogram, the functional job description. values, the presence of which presupposes the reasons for the different educational and profes- growth occupy key positions. The correlation of The harmonization of personal development full inclusion of man in society, enculturation. In sional trajectories as diverse life paths, including the significance of these two groups of factors - and self-actualization of the individual and the this case, values act as general guidelines of ac- the cognition as personal development and trans- the content and functional characteristics of the employer‘s needs in the labour market, theoreti- tivity. Values need awareness, or a person ceases fer of knowledge (Wei & Pokrovskaya, 2016). It place of work - depends on such external factors cally, should be achieved on the basis of the con- to be the active agent, the author of their life. is within the framework of creating their own as the external socio-cultural environment, the stant adaptation of the educational trajectory of Modern science is characterized by the under- life-world, a kind of concrete social innovation at level of economic development, as well as the each individual to the socio-economic and tech- standing of man as a phenomenon of culture, the the micro-level, that students realize their values intrapersonal factors associated with individual nological changes in the market. For such an ad- human beings are perceived as the bearers of the on the basis of the self-realization. psychological preferences. aptation, it is obviously necessary to harmonize intellectual capital and specific abilities to cogni- In general, since the period of transition in the offer of educational services with the needs tion that differs them from machines (Brooking, Conclusion 1980-2000s, a shift took place in favour of func- of employers and students. 1996). In the process of the activity of the indi- tional motivators, in which work is considered The implementation of the functional aspect vidual in the space of culture, a person‘s values The development reflects an objective pro- by the employee as a tool for implementing ex- of education as a way to increase prices in the are formalized in the process of the activity in cess of internal, consistent quantitative and quali- ternal, non-content of labour, needs and goals. If labour market can and should, as it seems, be three categories – community, consciousness and tative change in the physical and spiritual forces during the Soviet period the first group of factors based on an analysis of demand. Those. The activity: they are the universal ways of a person‘s of a human being. Personal development implies was decisive, including interest in the content of choice of the educational trajectory should be being, the foundations of her / his life, and the an increase in the readiness of the individual for activities and self-actualization in work, then to- based on the choice of deficient competencies, whole universe of the actual human characteris- an actual social activity based on spiritual and day a group of motivators dominates, orienting the acquisition of which should form the basis of tics of this being. moral orientations. This reasoning implies the graduates‘ preferences to successful employ- the criteria cognitive model when choosing an Awareness of values is a complex process, education of personality traits - useful for self- ment, including expectations of high-income educational program. The professional orienta- the mastery of which is a component of human valuable society. The process of personal devel- jobs, as quickly as possible to achieve attractive tion of students takes into account this factor; akmeological growth. The inclusion of the sub- opment of a person in the workshops occurs as a status positions in prestigious companies reputa- however, there is no systematic analysis of the ject in the knowledge of their value structure is result of social interaction with other participants, tion. demand for competencies by educational institu- carried out in the pedagogical workshop. The accompanied by a rethinking of life experience. The relationship between the employer as a tions or students, which speaks today about the embodiment of life values in the acts of life is The collective form of education provides just party to the demand in the labour market and weak degree of adequacy of both reactive and carried out by setting goals. such social creativity. The intellectual analysis is students offering their talents and competencies proactive approaches to the formation of stu- The goal is an image of the desired result of not able to replace the human for the making de- in this market can be carried out within the dents‘ educational and professional trajectories. the activity. Goals are essential components of a cision process but is helpful to build the cogni- framework of ego-marketing when the student A modern specialist is, first of all, an inde- projective portfolio. It is the formulation and tive map and the cognition model for every per- studies the job offer and chooses his or her edu- pendent person who is able to build his own ac- achievement of goals that determine the project son within the knowledge society. cational path based on the analysis of published tivity, coordinating his own values with the nature of this type of portfolio. Moreover, it can job ads. In this sense, the harmony of the proac- needs of the company. The professional builds a be noted that goal-setting within the framework REFERENCES tive and reactive approaches to the choice of a system of goals, giving them personal meaning. of developing a professional, educational, per- professional trajectory must be recreated: the on- In this case, we can talk about successful work in sonal or other project makes it possible to move Ababkova, M. Yu., & Leontieva, V. L. (2018). tological, existential desire of the individual to the long term. On the other hand, the system of away from the reactive approach of building the Neuromarketing for Education: Re- change the world with which the person is in secondary education rarely considers the prob- personal and professional development of the thinking Frameworks for Marketing contact, in accordance with his representative lems of meaning-building and goal-setting while child based on the system of society‘s require- Activities. The European Proceedings system, value scale and normative model, is im- preparing a person for independent activities. ments and to implement a proactive approach of Social & Behavioural Sciences plemented in the social fabric that offers forms Values are aspects of life that are significant building your life and independent professional (EpSBS). XXXV, 10-18.

WISDOM 1(14), 2020 74 75 75 Nadezhda POKROVSKAIA, Yakov MARGULYAN, Alena BULATETSKAIA, Svetlana SNISARENKO

doi:10.15405/epsbs.2018.02.1. Conferences and Publishing Interna- Ababkova, M. Yu., Pokrovskaia, N. N., & Tros- tional Limited. tinskaya, I. R. (2018). Neuro-Technolo- Pokrovskaia, N. N., & D‘Ascenzo, F. (2018). Di- gies for Knowledge Transfer and Expe- gitizing Responsibility: the Regulation rience Communication. The European Approach for Aggregating Business. Proceedings of Social & Behavioural Bulletin of the Faculty of Management, Sciences (EpSBS). XXXV, 10-18. St. Petersburg State University of Eco- Brooking, A. (1996). Intellectual Capital: Core nomics, 3, 441-445. Asset for the Third Millennium Enter- Porter, M. E. (1985). Competitive Advantage: prise. London: International Thomson Creating and Sustaining Superior Per- Business Press. formance. New York: Free Press; Lon- Davenport, T., & Kalakota, R. (2019). The po- don: Collier Macmillan. tential for artificial intelligence in Sigov, V. I., Uvarov, S. A., & Pokrovskaia, N. healthcare. Future healthcare journal, N. (2017). Neuro-Fuzzy Tools in Stud- 6(2), 94–98. https://doi.org/10.7861/fu- ying Social Management. Proceedings turehosp.6-2-94. of 2017 IEEE 2nd International Con- Eichengreen, B., Park, D., & Shin, K. (2014). ference on Control in Technical Sys- Growth Slowdowns Redux. Japan and tems, CTS 2017, 216-219. IEEE Ex- the World Economy, 32, 65-84. plore. Khansuvarova, T. A., Khansuvarov, R. A., & Wei, F., & Pokrovskaia, N. N. (2016). Regulato- Pokrovskaia, N. N. (2018). Network ry Mechanisms and Tax Incentives for Decentralized Regulation with the Fog- the Transfer of Knowledge: China Ex- Edge Computing and Blockchain for perience. Sovremennyi menedzhment: Business Development. Proceedings of problemy i perspektivy (Modern man- the 14th European Conference on Ma- agement: challenges and prospectives, nagement, Leadership and Governance in Russian), Part 1 (pp. 244-250). Saint ECMLG 201 (B. M. E. de Waal, P. Ra- Petersburg: Saint Petersburg State Uni- vesteijn, Eds.), 205-212. Academic versity of Economics publ.

WISDOM 1(14), 2020 76 76 doi:10.15405/epsbs.2018.02.1. Conferences and Publishing Interna- Ababkova, M. Yu., Pokrovskaia, N. N., & Tros- tional Limited. tinskaya, I. R. (2018). Neuro-Technolo- Pokrovskaia, N. N., & D‘Ascenzo, F. (2018). Di- gies for Knowledge Transfer and Expe- gitizing Responsibility: the Regulation rience Communication. The European Approach for Aggregating Business. Proceedings of Social & Behavioural Bulletin of the Faculty of Management,

Sciences (EpSBS). XXXV, 10-18. St. Petersburg State University of Eco- Brooking, A. (1996). Intellectual Capital: Core nomics, 3, 441-445. Asset for the Third Millennium Enter- Porter, M. E. (1985). Competitive Advantage: prise. London: International Thomson Creating and Sustaining Superior Per-

Business Press. formance. New York: Free Press; Lon- Davenport, T., & Kalakota, R. (2019). The po- don: Collier Macmillan. tential for artificial intelligence in Sigov, V. I., Uvarov, S. A., & Pokrovskaia, N. healthcare. Future healthcare journal, N. (2017). Neuro-Fuzzy Tools in Stud-

6(2), 94–98. https://doi.org/10.7861/fu- ying Social Management. Proceedings turehosp.6-2-94. of 2017 IEEE 2nd International Con- Eichengreen, B., Park, D., & Shin, K. (2014). ference on Control in Technical Sys- Growth Slowdowns Redux. Japan and tems, CTS 2017, 216-219. IEEE Ex- SOCIAL AND POLITICAL PHILOSOPHY the World Economy, 32, 65-84. plore. Khansuvarova, T. A., Khansuvarov, R. A., & Wei, F., & Pokrovskaia, N. N. (2016). Regulato- Pokrovskaia, N. N. (2018). Network ry Mechanisms and Tax Incentives for Decentralized Regulation with the Fog- the Transfer of Knowledge: China Ex- Edge Computing and Blockchain for perience. Sovremennyi menedzhment: Business Development. Proceedings of problemy i perspektivy (Modern man- the 14th European Conference on Ma- agement: challenges and prospectives, nagement, Leadership and Governance in Russian), Part 1 (pp. 244-250). Saint ECMLG 201 (B. M. E. de Waal, P. Ra- Petersburg: Saint Petersburg State Uni- vesteijn, Eds.), 205-212. Academic versity of Economics publ.

WISDOM 1(14), 2020 76 77 77 Roman BULAT, Hafiza BAICHOROVA

DOI: 10.24234/wisdom.v14i1.293 Roman BULAT, Hafiza BAICHOROVA

PSYCHO-PEDAGOGICAL RESOURCES AND THE QUALITY OF PROFESSIONAL TRAINING OF STUDENTS

Abstract

The scientific search for intra-University potential to improve the quality of training of student is based on the improvement of the quality management system of vocational training. Further development is based not on private technical solutions, but on the reengineering of the management system aimed at activating the psychological and pedagogical resources of the University.

Keywords: educational activities of the University, the main professional educational programs, professional training, quality management system, adaptive organizational structures, the psychological and pedagogical resources of the University.

WISDOM 1(14), 2020 78 78 Psycho-Pedagogical Resources and the Quality of Professional Training of Students

DOI: 10.24234/wisdom.v14i1.293 In the history of professional training in or- tions and suggestions of ―customers‖. However, Roman BULAT, der to strengthen the security of the state, the is- awareness of the essence of changing the object Hafiza BAICHOROVA sue of forming the readiness of graduates for fur- of accreditation from universities to their main ther professional activity has been constantly professional educational programs (MPEP) and PSYCHO-PEDAGOGICAL RESOURCES AND THE QUALITY OF given increased attention (Shadrina & Bulat, the adoption of the Federal law of December 29, PROFESSIONAL TRAINING OF STUDENTS 2010, pp. 36-43). This is evidenced by the histor- 2012, N 273-FZ ―On Education in the Russian 1 ically developed planning of distribution of Federation‖ significantly influenced the percep- Abstract graduates, collecting feedback about them, mak- tion of the concept of quality of professional ing adjustments to the content of education on training of graduates and approaches to its provi- The scientific search for intra-University potential to improve the quality of training of student is the basis of monitoring comments, recommenda- sion (Fig. 1). based on the improvement of the quality management system of vocational training. Further development is based not on private technical solutions, but on the reengineering of the management system aimed at activating the psychological and pedagogical resources of the University.

Introduction was given a passive role of ―recipient‖ of education. In September 2003, Russia committed itself Now it is already realized that quality to implementing the standards and guidelines growth is connected with the development of the developed by the European Association for qual- ability of the educational organization to satisfy ity assurance in higher education (ENQA). In the the available and expected requirements of ―cus- subsequent period of introduction of quality tomers‖ of professional training of students. In management systems of vocational training in modern conditions without orientation to the pre- higher education institutions of the country sent and future (in 5 years) requests of the exter- Fig. 1. Changes in State Approaches to the Examination of the Quality of Training. (2004-2008), significant controversy was caused nal environment, the University can no longer by the implementation of the principle of orienta- guarantee the demand for its graduates and, as a Clarification of the goals and main activity ases the demand for training (Caduca & Bulat, tion to the ―customer‖, which was associated result, ensure its competitiveness (Bulat, 2015, of the University focused on the quality of train- 2013). In addition, it leads to significant savings with the historical ―untouchability‖ of the Uni- pp. 137-143). Therefore, when predicting changing for each MPEP, leaving in the past the ability of all types of University resources, eliminating versity community. In the technical Sciences for es in the external environment and risk assess- of universities to ―replicate‖ higher education. the cost of achieving unclaimed results of train- decades, it was believed that only a teacher based ment when making management decisions can The shift of emphasis from the educational activ- ing. on the analysis of scientific achievements is able not be limited to the implementation of the re- ities of the University as a whole to the imple- Moreover, the introduced changes contrib- to determine the content of education (Bulat, quirements of the Federal state educational mentation of specific MPEP contributed to the uted to the specification of requirements for gra- b 2009 ; Zhilina & Bulat 2009). As a result of this standards of higher education (GEF HE), and it development of an individual approach to each ______attitude, the head of the Department, which later is necessary to ―anticipate‖ the dynamics of the ―customer‖ professional training of graduates. 1 See: Federal Law of 29 December 2012 N 273-FZ turned out to be a graduate of the University, and needs of ―customers‖ and strive for their fullest ―On Education in the Russian Federation‖. Retrieved Such a ―rejection of the principles of mass pro- February 02, 2019 from: http://ivo.garant.ru/docu- even more so the student himself, in this aspect satisfaction. duction‖ not only does not reduce but also increment?id=70191362&sub=0.

WISDOM 1(14), 2020 78 79 79 Roman BULAT, Hafiza BAICHOROVA

duates in each speciality and the growth of the not as an end in itself, but as a means of forming responsibility of the University for the quality the complete readiness of the graduate for proof their training. The achieved results were im- fessional activity. plemented in the implementation of updated Therefore, contrary to the experience of GEF IN the third generation, including clarifica- some universities, we have a critical attitude to tion of requirements for the quality of profes- the creation of a ―parallel‖ quality management sional training of graduates and ensuring its di- structure in addition to the University manage- agnosability. ment system, which actually leads to the division At the same time, in recent years, the short- of the management process into training manage- comings associated with such a negative factor in ment and quality management. We consider it as predicting changes in the external environment inexpedient to separate these processes, as well as the period of study at the University have be- as separate creation on production and its quality. come more apparent. Therefore, we see further Therefore, our position is the need for measures improvement of quality in the University in the to promote the reorientation of the goals of the development of monitoring the requirements of existing University management substructures ―customers‖ for each specific MPEP. for the purposes of the quality management system of vocational training. One of the most ap- Methodological Framework propriate solutions to this problem in practice, we believe the strengthening of the role of intra- A systematic approach to the management adaptive substructures of training management of vocational training at the University requires (see Meskon, Albert, & Hedouri, 1992, p. 701). the coordination of all aspects of its activities Adaptive organizational structures are in- (Milner, Evenko, & Rapoport, 1983, pp. 225), inherent in the revitalization of managers through cluding the systematization of the efforts of the creation of new relationships between units structural units (faculties, departments, educatio- and the flexible use of human resources of the or- nal and methodical departments, group of profes- ganization. Therefore, we believe that in the ex- sional and psychological selection, research la- isting conditions, the management resource of boratory of training, personnel department, etc.). the quality growth of professional training in the However, the lack of monitoring of goals, ways University is to enhance the activities of such to achieve them and criteria for assessing the qu- adaptive organizational structures as scientific ality of professional training of graduates in vari- and methodological sections on specialties and ous areas and specialities provokes the depart- areas of training (hereinafter – the NMS on the ment to stagnate in the activities to improve it. SNP), United by the scientific and methodologi- Therefore, at present, the emphasis should cal Council of the University. be shifted from the solution of private technological problems to further systematization of voca- Conducting Research and Some Results tional training management aimed at activating the psychological and pedagogical resources of Our analysis showed that at present, not all the University. At the same time, the quality departments, especially University-wide, in the management of education should be considered development of training programs are aware of

WISDOM 1(14), 2020 80 80 Psycho-Pedagogical Resources and the Quality of Professional Training of Students

duates in each speciality and the growth of the not as an end in itself, but as a means of forming the goals of MPEP. As a result, the content of think about the dependence of the content of responsibility of the University for the quality the complete readiness of the graduate for pro- MPEP, which directly affects the formation of their classes on the specifics of a particular of their training. The achieved results were im- fessional activity. the required competencies of the graduate, does MPEP but also, entering the classroom, have a plemented in the implementation of updated Therefore, contrary to the experience of not take into account its purpose. In other vague idea of the future speciality of students GEF IN the third generation, including clarifica- some universities, we have a critical attitude to words, the graduate‘s compliance with profes- (Table 1). Moreover, some teachers are proud to tion of requirements for the quality of profes- the creation of a ―parallel‖ quality management sional standards has been achieved only formal- note that the discipline they read with the same sional training of graduates and ensuring its di- structure in addition to the University manage- ly. content as in the financial and economic or ped- agnosability. ment system, which actually leads to the division Analysis of the activities of the teaching agogical University, where they teach part-time. At the same time, in recent years, the short- of the management process into training manage- staff showed that some teachers not only do not comings associated with such a negative factor in ment and quality management. We consider it as predicting changes in the external environment inexpedient to separate these processes, as well Table 1. Analysis of Awareness of the Goals MPEP as the period of study at the University have be- as separate creation on production and its quality. Teaching Staff in the Process of its Organization come more apparent. Therefore, we see further Therefore, our position is the need for measures (Results of the Survey of the Teaching Staff) improvement of quality in the University in the to promote the reorientation of the goals of the development of monitoring the requirements of existing University management substructures Total number Are you Do You focus on Do You agree Do You agree Do You take ―customers‖ for each specific MPEP. for the purposes of the quality management sys- of teaching Based on the the characteris- that it is neces- that the same into account the tem of vocational training. One of the most ap- staff who objectives of tics of the spe- sary to design course should sufficiency of Methodological Framework propriate solutions to this problem in practice, participated a specific cialty in the de- Your discipline be given to stu- the content of we believe the strengthening of the role of intra- in the survey MPEP when velopment of the for different dents of differ- the program of A systematic approach to the management adaptive substructures of training management filling the structure of the specialties (ar- ent specialties the discipline of vocational training at the University requires (see Meskon, Albert, & Hedouri, 1992, p. 701). content of the pedagogical pro- eas of train- with different taught by You discipline cess (within one ing)? practical tasks? in the formation

the coordination of all aspects of its activities Adaptive organizational structures are in- total in (Milner, Evenko, & Rapoport, 1983, pp. 225), inherent in the revitalization of managers through you teach? discipline)? of diagnostic tools for the cluding the systematization of the efforts of the creation of new relationships between units results of the structural units (faculties, departments, educatio- and the flexible use of human resources of the or- training of stu- nal and methodical departments, group of profes- ganization. Therefore, we believe that in the ex- dents of differ- sional and psychological selection, research la- isting conditions, the management resource of ent specialties? boratory of training, personnel department, etc.). the quality growth of professional training in the However, the lack of monitoring of goals, ways University is to enhance the activities of such yes no yes no yes no yes no yes no to achieve them and criteria for assessing the qu- adaptive organizational structures as scientific 30 30 ality of professional training of graduates in vari- and methodological sections on specialties and 20 10 17 13 11 19 7 23 5 25 ous areas and specialities provokes the depart- areas of training (hereinafter – the NMS on the 100 % 66,7 33,3 56,7 43,3 36,7 63,3 23,3 76,7 16,7 83,3 ment to stagnate in the activities to improve it. SNP), United by the scientific and methodologi-

Therefore, at present, the emphasis should cal Council of the University. The strengthening of the role of NMS in NSP ensures the development of common ap- be shifted from the solution of private technolog- the NSP is capable of compensating the above- proaches to filling each discipline of all blocks ical problems to further systematization of voca- Conducting Research and Some Results mentioned disadvantages due to the strengthen- with the corresponding goal of MPEP content, tional training management aimed at activating ing of horizontal relations (Milner, Evenko, & preventing its duplication in different disci- the psychological and pedagogical resources of Our analysis showed that at present, not all Rapoport, 1983, p. 225) between departments. plines, etc. In our opinion, it will allow not only the University. At the same time, the quality departments, especially University-wide, in the The intensification of the NMS activities on the to realize in practice requirements of legislative management of education should be considered development of training programs are aware of

WISDOM 1(14), 2020 80 81 81 Roman BULAT, Hafiza BAICHOROVA

acts and other normative documents but also and synthesis of the content and volume of each will provide the focus of all educational disci- discipline allow the University to adjust the plines in each MPEP on the formation of readi- MPEP as a whole and to ensure the growth of the ness of the graduate to the solution of multidi- quality of training in a particular specialty. mensional tasks of further professional activity As a result of such organization of activity in the corresponding specialty. simultaneously by all NMS on NSP of higher The Chairman of the NMS on the NSP education institution, there are qualitative chan- (one of the heads of departments) creates a crea- ges in all realized MPEP according to the pur- tive team of like-minded people who are direct- pose – readiness of the graduate for further pro- ly involved in the preparation of graduates in a fessional activity on each specific specialty (Bu- particular specialty (MPEP). This supervisor be- lat, 2009a). comes a subordinate, not a supervisor, but a su- Thus, the system of professional training pervisor inspiring subordinates in order to en- can be qualitatively updated due to the emer- sure the quality of professional training in the gence of new links between existing elements implementation of MPEP (Shadrina & Bulat, on the basis of the revitalization of adaptive or- 2010, pp. 35-40). In his competence – distributi- ganizational structures aimed at the implemen- on within collective of tasks, functions and du- tation of the psychological and pedagogical po- ties, and - from the moment of the organization tential of the University. This approach deter- of professional orientation work with potential mines the effect of emergence, i.e. the acquisi- entrants before modification of MPEP on the tion of new properties by the system, which it basis of monitoring of responses about gradu- did not previously possess, and hence the emer- ates from ―customers‖ of concrete military ac- gence of a new quality of training. counting specialty. Awareness of the readiness of the graduate Such decisions can be in the field of both to further professional activity in the specialty the volume and content of all academic disci- as the goal of improving the quality of profes- plines of each Department, taking part in train- sional training at the University radically ing in a particular specialty (Bespalko, 1989, p. changes the perception of the teaching staff of 300). Decision-making at the NMS meetings on the University system of management of voca- the NSP contributes to the awareness of each tional training, including a system of assessing teacher of the goals of their activities for the the quality of education, monitoring the for- implementation of MPEP. mation of readiness for professional activity, the For example, step-by-step consecutive hea- system of motivation of the subjects of the edu- ring at the meetings of the NMS on the NSP of cational process with a focus on the result of each teacher on the content and volume of the joint activities. discipline taught by him within a particular spe- In General, the scheme of quality manage- cialty leads to the awareness of the teacher of his ment of vocational training, activating the psy- role in the results of the implementation of the chological and pedagogical resources of the Uni- MPEP by the University. Subsequent analysis versity, is shown in Figure 2.

WISDOM 1(14), 2020 82 82 Psycho-Pedagogical Resources and the Quality of Professional Training of Students

acts and other normative documents but also and synthesis of the content and volume of each will provide the focus of all educational disci- discipline allow the University to adjust the plines in each MPEP on the formation of readi- MPEP as a whole and to ensure the growth of the ness of the graduate to the solution of multidi- quality of training in a particular specialty. mensional tasks of further professional activity As a result of such organization of activity in the corresponding specialty. simultaneously by all NMS on NSP of higher The Chairman of the NMS on the NSP education institution, there are qualitative chan- (one of the heads of departments) creates a crea- ges in all realized MPEP according to the pur- tive team of like-minded people who are direct- pose – readiness of the graduate for further pro- ly involved in the preparation of graduates in a fessional activity on each specific specialty (Bu- particular specialty (MPEP). This supervisor be- lat, 2009a). comes a subordinate, not a supervisor, but a su- Thus, the system of professional training pervisor inspiring subordinates in order to en- can be qualitatively updated due to the emer- sure the quality of professional training in the gence of new links between existing elements implementation of MPEP (Shadrina & Bulat, on the basis of the revitalization of adaptive or- 2010, pp. 35-40). In his competence – distributi- ganizational structures aimed at the implemen- on within collective of tasks, functions and du- tation of the psychological and pedagogical po- ties, and - from the moment of the organization tential of the University. This approach deter- of professional orientation work with potential mines the effect of emergence, i.e. the acquisi- entrants before modification of MPEP on the tion of new properties by the system, which it basis of monitoring of responses about gradu- did not previously possess, and hence the emer- ates from ―customers‖ of concrete military ac- gence of a new quality of training. counting specialty. Awareness of the readiness of the graduate Such decisions can be in the field of both to further professional activity in the specialty the volume and content of all academic disci- as the goal of improving the quality of profes- plines of each Department, taking part in train- sional training at the University radically ing in a particular specialty (Bespalko, 1989, p. changes the perception of the teaching staff of 300). Decision-making at the NMS meetings on the University system of management of voca- the NSP contributes to the awareness of each tional training, including a system of assessing Fig. 2. General Scheme of the Quality Management System of Vocational Training. teacher of the goals of their activities for the the quality of education, monitoring the for- The quality of professional training, as can to solve professional problems to the needs and implementation of MPEP. mation of readiness for professional activity, the be seen from the figure, consists of the quality of demands of ―customers‖ of vocational training For example, step-by-step consecutive hea- system of motivation of the subjects of the edu- accepted students, the quality of the teaching and regulatory requirements of the Ministry of ring at the meetings of the NMS on the NSP of cational process with a focus on the result of staff, the quality of logistics and educational and education of the Russian Federation. each teacher on the content and volume of the joint activities. laboratory equipment, the quality of educational At the same time, management decisions discipline taught by him within a particular spe- In General, the scheme of quality manage- technologies used, the quality of the educational will be able to create an impulse for self- cialty leads to the awareness of the teacher of his ment of vocational training, activating the psy- environment of the University, the quality of the organization of personal structures of conscious- role in the results of the implementation of the chological and pedagogical resources of the Uni- content of the main professional educational pro- ness of teachers and students in the right direc- MPEP by the University. Subsequent analysis versity, is shown in Figure 2. grams and many other factors. The result of qual- tion only if they rely on forecasting changes in

ity management of vocational training is the the external environment and multidimensional compliance of the level of readiness of graduates risk analysis. ―Another error in evaluation, asso-

WISDOM 1(14), 2020 82 83 83 Roman BULAT, Hafiza BAICHOROVA

ciated with insufficient objectivity, can lead to the problem of determining the deviations of the irreversible consequences in management deci- actual results of management from the provided, sion-making‖ (Bespalko, 1989, p. 300). There- has a situational nature and is short in time of fore, management decisions should be made on implementation. In contrast to the control, moni- the basis of objective and reliable information. toring is preceded by planning and decision- However, until now, some innovations, re- making and is associated with the functioning of gardless of their effectiveness, are rejected be- the entire control system. This information sup- cause they threaten to reduce the ―ringing‖ load port is based on regular monitoring of the state of with the resulting personnel reductions or require the object of study, fixation or identification of teachers to improve their skills, greater dedica- problems and analysis of the results of manage- tion and labour. As a result, management deci- ment actions. sions can be made not by rational calculation of Monitoring is a systematic study of the ele- alternatives, but under the influence of subjective ments of the quality of the training system, not factors, and as a result - irrational factors can af- an empirical collection of material. It is directed fect the fate of the organization as a whole. Ex- to the same objects, periodically repeats and cessive caution or risk-taking, increased ambition thereby creates conditions for planning (annual, or passivity, the desire to make a career or escape perspective, strategic). This analysis of infor- responsibility - such motives may lie at the heart mation is aimed at studying the state system of of strategic decisions (Burman, 2008, p. 260). quality of vocational training – from the position On the other hand, the University still main- of conformity to the requirements of customers, tains a system of quality control of education, the effectiveness of corrective actions and for characterized by the principle of ―rejection‖. forecasting possible changes in the external and Such quality assurance in the production was not internal environment to prepare proposals to the to improve it but to prevent the production of governing body. products that do not meet the established stand- It should be understood that traditionally ards. This organization of the educational pro- used methods to identify the level of readiness of cess belongs to the outgoing technological order. graduates for further professional activity in a The traditional methods of control, used in the particular specialty are not enough (Zvonnikov changed conditions and although convenient in & Chelyshkova, 2009, p. 272). The effectiveness many ways, are not effective enough yet. of monitoring the quality of training depends on With the aim of improving the quality of the dynamism and flexibility in adjusting the managerial decision-making requires the devel- components of the quality assessment, depending opment and implementation of special proce- on the transformation of the needs of the ―cus- dures and technologies. Therefore, the im- tomer‖, and on changes in the external environ- portance of monitoring the quality of profession- ment as a whole (economic, political, etc.). al training of graduates is growing. The differ- Therefore, a key component of monitoring ences between the functions of this unit and the the quality of training is a subsystem of analysis control are significant. Control as one of the of the requirements of ―customers‖ and their as- functions of the management is aimed at organiz- sessment of the level of readiness of graduates ing the implementation of the work plan, to solve for professional activity. Therefore, the imperfec-

WISDOM 1(14), 2020 84 84 Psycho-Pedagogical Resources and the Quality of Professional Training of Students

ciated with insufficient objectivity, can lead to the problem of determining the deviations of the tion of traditional forms of cooperation with Council of the University to further control ac- irreversible consequences in management deci- actual results of management from the provided, ―customers‖ predetermines changes, and as a tions in all subsystems of the control system of sion-making‖ (Bespalko, 1989, p. 300). There- has a situational nature and is short in time of result, the construction of a new system. the University. fore, management decisions should be made on implementation. In contrast to the control, moni- As part of this work, the analysis of collect- the basis of objective and reliable information. toring is preceded by planning and decision- ing feedback on graduates carried out by the per- Conclusion However, until now, some innovations, re- making and is associated with the functioning of sonnel department, as a whole, for the university gardless of their effectiveness, are rejected be- the entire control system. This information sup- should be transformed into a system of forecast- Thus, the study of management resources of cause they threaten to reduce the ―ringing‖ load port is based on regular monitoring of the state of ing changes in the external environment based on the quality of training of students showed that: with the resulting personnel reductions or require the object of study, fixation or identification of the collection, compilation and evaluation of the  now it is necessary to ―foresee‖ dynamics of teachers to improve their skills, greater dedica- problems and analysis of the results of manage- information required to adjust each specific spe- needs of ―customers‖ and to aspire to their tion and labour. As a result, management deci- ment actions. cialty separately. fullest satisfaction; sions can be made not by rational calculation of Monitoring is a systematic study of the ele- Innovations in the work initiated by each  the shift of emphasis from the educational alternatives, but under the influence of subjective ments of the quality of the training system, not Chairman of the scientific and methodological activities of the University as a whole to the factors, and as a result - irrational factors can af- an empirical collection of material. It is directed section for each specialty may include such pre- implementation of specific MPEP is aimed fect the fate of the organization as a whole. Ex- to the same objects, periodically repeats and viously unaffected sources of information collec- at saving the resources of the University, cessive caution or risk-taking, increased ambition thereby creates conditions for planning (annual, tion as: eliminating the cost of achieving unclaimed or passivity, the desire to make a career or escape perspective, strategic). This analysis of infor-  questionnaire and survey the students of the results of professional training; responsibility - such motives may lie at the heart mation is aimed at studying the state system of faculty training and re-training (i.e. prac-  the growth of the quality of professional of strategic decisions (Burman, 2008, p. 260). quality of vocational training – from the position tising managers, current graduates); training should be based on significant On the other hand, the University still main- of conformity to the requirements of customers,  a questionnaire survey and a survey of changes not only in the technological sub- tains a system of quality control of education, the effectiveness of corrective actions and for graduates of previous years during tradi- system of the system of professional train- characterized by the principle of ―rejection‖. forecasting possible changes in the external and tionally organized meetings in 5-, 10-, 15- ing of the University but also in its other Such quality assurance in the production was not internal environment to prepare proposals to the anniversary, etc. of the University (i.e. prac- subsystems – pedagogical, organizational, to improve it but to prevent the production of governing body. tising managers, current graduates); economic, theoretical and methodological; products that do not meet the established stand- It should be understood that traditionally  centralized analysis of feedback from the  contrary to the experience of some universi- ards. This organization of the educational pro- used methods to identify the level of readiness of heads of organizations on practical training ties in creating a ―parallel‖ quality manage- cess belongs to the outgoing technological order. graduates for further professional activity in a and internships; ment structure in addition to the University The traditional methods of control, used in the particular specialty are not enough (Zvonnikov  target survey and survey of applicants, stu- management system, further development is changed conditions and although convenient in & Chelyshkova, 2009, p. 272). The effectiveness dents and graduates (before graduation) of most rational due to the unification of the many ways, are not effective enough yet. of monitoring the quality of training depends on the University; existing management system; With the aim of improving the quality of the dynamism and flexibility in adjusting the  questioning and questioning of teachers,  reorientation of the objectives of the exist- managerial decision-making requires the devel- components of the quality assessment, depending employees and other categories of employ- ing management structures to improve the opment and implementation of special proce- on the transformation of the needs of the ―cus- ees of the University. quality of training is advisable on the basis dures and technologies. Therefore, the im- tomer‖, and on changes in the external environ- Further comparison of the obtained data of the revitalization of such intra-adaptive portance of monitoring the quality of profession- ment as a whole (economic, political, etc.). with the results of the internal evaluation of the structures as scientific and methodological al training of graduates is growing. The differ- Therefore, a key component of monitoring quality of the readiness of graduates for profes- Council and scientific and methodological ences between the functions of this unit and the the quality of training is a subsystem of analysis sional activities will allow you to rapidly and sections on specialties and areas of training; control are significant. Control as one of the of the requirements of ―customers‖ and their as- comprehensively provide information for discus-  the activation of the NMS will ensure the functions of the management is aimed at organiz- sessment of the level of readiness of graduates sion at meetings of the NMS at the SNP with a growth of awareness of each teacher who ing the implementation of the work plan, to solve for professional activity. Therefore, the imperfec- view to developing the scientific-methodical takes part in the training of graduates, its

WISDOM 1(14), 2020 84 85 85 Roman BULAT, Hafiza BAICHOROVA

role in achieving the goals of the Obor; gineering Education, 5, 120-126.  management decisions will create an im- Bulat, R. E. (2015). Kachestvo vysshego obra- pulse for self-organization of personal struc- zovaniya v vuze kak pedagogicheskaya tures of consciousness of teachers and stu- sistema (The Quality of Higher Educa- dents in the required direction only if they tion at the University as a Pedagogical rely on forecasting changes in the external System, in Russian). Scientific and environment and risk analysis; technical statements of St. Petersburg  for the purpose of the more exhaustive im- state Polytechnic University. Humani- plementation of intra-University psycholog- ties and social Sciences, 4(232), 137- ical and pedagogical resources, it is neces- 143. sary to develop monitoring of the quality of Burman, L. A. (2008). Upravlencheskie resheni- professional training of cadets, which pre- ya: uchebnik dlya vuzov (Management cedes planning and decision-making and is Decisions: Textbook for Universities, associated with the functioning of the entire in Russian). Moscow: Delo. management system; Caduca, L. A., & Bulat, P. E. (2013). Lichnost-  the emergence effect (acquisition of new noe razvitie obuchayushchikhsya kak properties by the quality management sys- cel‘ upravleniya kachestvom professio- tem of vocational training, which it did not nal‘nogo obrazovaniya (Personal Deve- have before) on the basis of reengineering lopment of Students as the Goal of of various links between the existing ele- Quality Management of Professional ments of the educational system of the Uni- Education, in Russian). Bulletin of Bel- versity will raise the professional training of gorod state University, 13(156), 238- graduates to a new quality level. 242. Meskon, M. H., Albert, M., & Hedouri, F. REFERENCES (1992). Osnovy menedzhmenta (Fun- damentals of Management, in Russian). Bespalko, V. P. (1989). Slagaemye pedagog- Moscow: Case. icheskoi tehnologii (Components of Pe- Milner, B. Z., Evenko, L. I., & Rapoport, S. V. dagogical Technology, in Russian). (1983). Sistemnyi podkhod k organi- Moscow: Pedagogy. zacii upravleniya (System Approach to Bulat, R. E. (2009a). Osobennosti upravleniya Management Organization, in Russian). kachestvom voenno-tekhnicheskoi pod- Moscow: Economics. gotovki specialistov (Features of Quali- Shadrina, E. Yu., & Bulat, R. E. (2010). Aktu- ty Management of Military-Technical al‘nye voprosy upravleniya kachestvom Training, in Russian). People and Edu- lichnostno-orientirovannogo professio- cation, 2(19), 35-40. nal‘nogo obrazovaniya (Actual Issues Bulat, R. E. (2009b). Problemy vnedrenija inno- of Quality Management of Personality- vacij v voenno-tehnicheskom obrazova- Oriented Professional Education, in nii (Problems of Innovation in Military- Russian). Engineering Education, 6, Technical Education, in Russian). En- 36-43.

WISDOM 1(14), 2020 86 86 Psycho-Pedagogical Resources and the Quality of Professional Training of Students

role in achieving the goals of the Obor; gineering Education, 5, 120-126. Zhilina, A. I., & Bulat R. E. (2009). Organizaci- Zvonnikov, V. I., & Chelyshkova, M. B. (2009).  management decisions will create an im- Bulat, R. E. (2015). Kachestvo vysshego obra- onnyi aspekt upravleniya kachestvom Kontrol‘ kachestva obucheniya pri at- pulse for self-organization of personal struc- zovaniya v vuze kak pedagogicheskaya voenno-professional‘nogo obrazovani- testacii. Kompetentnostnyi podkhod tures of consciousness of teachers and stu- sistema (The Quality of Higher Educa- ya (Organizational Aspect of Quality (Control of Quality of Training at Certi- dents in the required direction only if they tion at the University as a Pedagogical Management of Military-Professional fication. Competence Approach, in rely on forecasting changes in the external System, in Russian). Scientific and Education, in Russian). Kazan Peda- Russian). Moscow: Logos. environment and risk analysis; technical statements of St. Petersburg gogical Journal, 3(69), 3-9.  for the purpose of the more exhaustive im- state Polytechnic University. Humani- plementation of intra-University psycholog- ties and social Sciences, 4(232), 137- ical and pedagogical resources, it is neces- 143. sary to develop monitoring of the quality of Burman, L. A. (2008). Upravlencheskie resheni- professional training of cadets, which pre- ya: uchebnik dlya vuzov (Management cedes planning and decision-making and is Decisions: Textbook for Universities, associated with the functioning of the entire in Russian). Moscow: Delo. management system; Caduca, L. A., & Bulat, P. E. (2013). Lichnost-  the emergence effect (acquisition of new noe razvitie obuchayushchikhsya kak properties by the quality management sys- cel‘ upravleniya kachestvom professio- tem of vocational training, which it did not nal‘nogo obrazovaniya (Personal Deve- have before) on the basis of reengineering lopment of Students as the Goal of of various links between the existing ele- Quality Management of Professional ments of the educational system of the Uni- Education, in Russian). Bulletin of Bel- versity will raise the professional training of gorod state University, 13(156), 238- graduates to a new quality level. 242. Meskon, M. H., Albert, M., & Hedouri, F. REFERENCES (1992). Osnovy menedzhmenta (Fun- damentals of Management, in Russian). Bespalko, V. P. (1989). Slagaemye pedagog- Moscow: Case. icheskoi tehnologii (Components of Pe- Milner, B. Z., Evenko, L. I., & Rapoport, S. V. dagogical Technology, in Russian). (1983). Sistemnyi podkhod k organi- Moscow: Pedagogy. zacii upravleniya (System Approach to Bulat, R. E. (2009a). Osobennosti upravleniya Management Organization, in Russian). kachestvom voenno-tekhnicheskoi pod- Moscow: Economics. gotovki specialistov (Features of Quali- Shadrina, E. Yu., & Bulat, R. E. (2010). Aktu- ty Management of Military-Technical al‘nye voprosy upravleniya kachestvom Training, in Russian). People and Edu- lichnostno-orientirovannogo professio- cation, 2(19), 35-40. nal‘nogo obrazovaniya (Actual Issues Bulat, R. E. (2009b). Problemy vnedrenija inno- of Quality Management of Personality- vacij v voenno-tehnicheskom obrazova- Oriented Professional Education, in nii (Problems of Innovation in Military- Russian). Engineering Education, 6, Technical Education, in Russian). En- 36-43.

WISDOM 1(14), 2020 86 87 87 Yelena ETARYAN

DOI: 10.24234/wisdom.v14i1.309 Yelena ETARYAN

IRONY AS ―FERMENT OF PHILOSOPHICAL AND AESTHETIC SPECULATION‖ (BY FRIEDRICH SCHLEGEL AND THOMAS MANN)

Abstract

The focus of this scientific contribution is German Romanticism with its early romantic concept of self-referentiality or romantic irony. In the article, according to Safransky (2007, p. 12), romanticism is considered not only as a literary era, but also as a ―mental attitude‖ that can be imprinted in any era. Using the work of Thomas Mann as an example, we illustrate it by looking at the epoch of modernity. In the Romantic period irony became a philosophy of life and art. It is also a central concept for Thomas Mann. The goal of this scientific article is to demonstrate the consequent realization of the concept of (early) romantic irony of a self-reflective narrative in the work by Thomas Mann. In the article, as a conclusion, the thesis is put forward that Thomas Mann seeks to synthesize the spheres of cognition and aesthetics, but this ―synthesis‖ has a slightly different meaning than that of the early romantics. The common ground of their concept of irony is mediating between opposites, but at the same time, these opposite sides are to be preserved in their specificity and can only be unified selectively.

Keywords: romantic irony, progressive universal poetry, negative-progressive meta-reflection, literary self-referentiality.

Introduction the forms of literary self-reference in modern or postmodernism are influenced by Romantic lit- Although metafiction and other forms of literary theory. Furthermore, the target of the paper erary self-referentiality are often regarded as a is to explain the alternating relationship between characteristic of postmodern narrative literature, Thomas Mann - the great novelist of the 20th self-reflective methods of representation can al- century - and the era of German Romanticism ready be found in various earlier epochs and es- with its aesthetic-philosophical concepts. pecially in the era of German Romanticism with their early romantic concept of self-referentiality * * * or romantic irony. The present paper aims at briefly presenting Friedrich Schlegel‘s romantic concept of the romantic concept of literary self-reflection by progressive universal poetry emerged in around Friedrich Schlegel and following it in the work 1800. Romantic theory seeks to create a literature of Thomas Mann, based on his novella ―Tonio that is aware of itself. ―If literature faces the re- Kröger‖. This will enable to show how strongly quirement to know about itself, then this know-

WISDOM 1(14), 2020 88 88 Irony as “Ferment of Philosophical and Aesthetic Speculation” (By Friedrich Schlegel and Thomas Mann)

DOI: 10.24234/wisdom.v14i1.309 ledge can no longer be described as poetological. treatise ―Romanticism: A German Affair‖ (p. Yelena ETARYAN Because she doesn‘t just know about herself, but 12). He describes the romantic as a spiritual if she really wants to mirror herself, she has to mindset that is not limited to a specific era.1 In IRONY AS ―FERMENT OF PHILOSOPHICAL know what it means to know about herself. Not this scientific contribution, the romantic, based AND AESTHETIC SPECULATION‖ only can it represent itself, it must also represent on Safransky, is understood as a spiritual posi- what it means to represent itself‖ (Kohns, 2007, tion. This also leads us to the goal of this scien- (BY FRIEDRICH SCHLEGEL AND THOMAS MANN) p. 195). In this regard, Kohns points to the im- tific article, namely to demonstrate the conse-

mense problem in understanding romantic irony: quent realization of the concept of (early) roman- Abstract a self-reflecting self divides into a reflected part tic irony as the most ambitious draft of a self-

and a reflecting part, which necessarily cannot reflective narrative in the work of Thomas Mann. The focus of this scientific contribution is German Romanticism with its early romantic concept of make up the entire self. Every reflexive act po- According to Friedrich Schlegel‘s (1967) self-referentiality or romantic irony. In the article, according to Safransky (2007, p. 12), romanticism is tentiates this division, which is why romantic concept of transcendental poetry, the latter ―can considered not only as a literary era, but also as a ―mental attitude‖ that can be imprinted in any era. Using irony is a negative-progressive meta-reflection at most flutter between the depicted and the per- the work of Thomas Mann as an example, we illustrate it by looking at the epoch of modernity. In the and the process of reflection is generally incom- forming, free from all real and ideal interest, float Romantic period irony became a philosophy of life and art. It is also a central concept for Thomas Mann. plete. Thus, according to Schlegel, romantic lit- on the wings of poetic reflection in the middle, The goal of this scientific article is to demonstrate the consequent realization of the concept of (early) ro- erature is metaliterature (Kohns, 2007, p. 195). potentiate this reflection again and again and mantic irony of a self-reflective narrative in the work by Thomas Mann. In the article, as a conclusion, the The fact that romantic literature also reflects multiply it like in an endless series of mirrors‖ thesis is put forward that Thomas Mann seeks to synthesize the spheres of cognition and aesthetics, but itself, the conditions of its production and even (p. 182). According to this program, philosophy this ―synthesis‖ has a slightly different meaning than that of the early romantics. The common ground of its reception, reveals the creative power of imag- and rhetoric are to become equally romantic their concept of irony is mediating between opposites, but at the same time, these opposite sides are to be ination, which according to the romantic idea is (romanhaft). Romantic poetry is an interminable preserved in their specificity and can only be unified selectively. supposed to restore the lost unity of spirit and process. It consists of a constant alternation of

nature. This lays the foundation for all self- poetry and reflection of the poetry or the real and Keywords: romantic irony, progressive universal poetry, negative-progressive meta-reflection, liter- referentiality of modern literature. What is con- the ideal, which is repeatedly potentiated. The ary self-referentiality. sidered impossible in science becomes real in permanent representation of content and / or

poetry: Here, the separation between object and formal opposites creates a state of suspense,

metalanguage, which becomes an obligatory which in other words is called romantic irony: ―It Introduction the forms of literary self-reference in modern or condition in science, is eliminated. However, it is is a feature of irony which not only exposes the postmodernism are influenced by Romantic lit- not always clear where to draw the line between indissoluble conflict between the conditioned Although metafiction and other forms of literary theory. Furthermore, the target of the paper the general self-referentiality of the linguistic (finite) and the unconditional (infinite), but also erary self-referentiality are often regarded as a is to explain the alternating relationship between artwork due to the poetic function of language rises infinitely above everything conditioned, in a characteristic of postmodern narrative literature, Thomas Mann - the great novelist of the 20th and phenomena (content-related and formal) that constant alternation of self-creation and self- self-reflective methods of representation can al- century - and the era of German Romanticism represent and / or discuss this self-referentiality. exaltation. It is therefore related to the infinite, ready be found in various earlier epochs and es- with its aesthetic-philosophical concepts. If one thinks romantic theory further as literary firstly, because it repeatedly delimits the finite in pecially in the era of German Romanticism with theory, there is no end to the romantic era, be- favor of the larger whole, secondly, because it is their early romantic concept of self-referentiality * * * cause all past and future texts are part of one con- a never-ending dialectical process‖ (Pikulik, or romantic irony. tinuous movement of progressive universal poet- 2000, p. 157). The present paper aims at briefly presenting Friedrich Schlegel‘s romantic concept of ry (insofar as Schlegel anticipates the poeticity the romantic concept of literary self-reflection by progressive universal poetry emerged in around criterion of self-reference as the literary principle Friedrich Schlegel and following it in the work 1800. Romantic theory seeks to create a literature 1 par excellence). See the latest study by Sandra Kerschbaumer, which of Thomas Mann, based on his novella ―Tonio that is aware of itself. ―If literature faces the re- summarizes a multi-year research project on exactly Safransky (2007) goes even further with his this topic at the University of Jena. Sandra (Kersch- Kröger‖. This will enable to show how strongly quirement to know about itself, then this know- baumer, 2018).

WISDOM 1(14), 2020 88 89 89 Yelena ETARYAN

Romantic irony can now be understood as gitimacy of the writer‘s existence. Thomas potentiation or delimitation of rhetorical irony. Mann‘s earlier poetic considerations are mainly The last one thinks to express something by its reflected in the essay ―Bilse and I‖ (―Bilse und opposite. At the level of fiction, romantic irony ich‖, on the relations between a trivial bestselling leads to a constant interplay between illusion author of his time and his own work; 1906). At building and illusion disturbance, which results the center of this treatise is the relationship be- in the anticipation of the unity of the two and tween the literary and extra-literary world, and leads to the dissolution of the opposites. The re- the question of the position of the writer between alization of their unity, their absolute identity, aestheticism and cognition (Erkenntnis), which is forms the ―synthesis‖, because ―through absolute targeted at the practice of life, remains central. synthesis of the productive imagination‖ a uni- Above all, the text establishes a theoretical con- verse is to be created ―from seemingly irrecon- nection between these two spheres, which is dif- cilable opposites‖ (Oesterreich, 1994, p. 356). ficult to implement in practice, no matter how In contrast to (post-) modern metafiction, much Thomas Mann tries to synthesize it. This the reflection of romanticism is directed towards essay also outlines the other side of being an art- transcendence. ―The imaginative crossing of ist, that is, whether the artist appears as a cogniz- boundaries between reality and fiction, which in er: he looks through the objects with a critical romantic irony is an expression of transcending, eye. The functionalization of art as criticism, in becomes in postmodern metafiction an expres- other words, as ―literary criticism‖ (Mann, 2002, sion of an intrinsic tension beyond the possibility 14.2, p. 106) is seen here as ―perhaps not a bad of transcendence‖ (Quendler, 2002, p. 167). kind‖ (Mann, 2002, 14.2, p. 106). Heinrich De- Romantic poetry is thus infinite and pro- tering reads Thomas Mann‘s descriptions of suf- gressive because it can only come closer to its fering and pain associated with artistic existence universal goal, but it arises in the first place and production and fathoms the critically reflec- through the contrast that separates poetry from tive function of art as an expression of a para- this goal. ―Applied to poetry, it means that the religious concept of ―self-breeding, yes self-sac- work does not remain within the limits of the rifice‖ (Detering, 2012, pp. 15-16). representation of a finite world, but also that it The essays ―The social position of the writ- relativizes these limits in an eternal process and er in Germany‖ (―Die gesellschaftliche Stellung merely approaches the infinite, but never reaches des Schriftstellers in Deutschland‖) (1910), ―The it‖ (Pikulik, 2000, p. 157). This is exactly what writer‖ (―Der Literat‖) (1913) and ―About Fio- creates the romantic longing motif. This motive, renza‖ (―Über Fiorenza‖) (1912) represent a as well as other themes, are expressed in Thomas view that resembles the middle position of litera- Mann‘s novel ―Tonio Kröger‖. ture, and Mann wrote here: ―The synthesis is the The reflection on literarylogical principles poet / writer himself. He represents it, always accompanies Thomas Mann throughout his liter- and everywhere, the reconciliation of spirit and ary path. On the one hand, it is about aesthetic art, of cognition and creativity, intellectualism self-reflection, which often reflects the writer‘s and simplicity, reason and demoniac, asceticism identity crises, as well as the question of the le- and beauty - the [romantic concept of a] Third

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Romantic irony can now be understood as gitimacy of the writer‘s existence. Thomas Empire‖ (Mann, 2002, 14.1, p. 349).2 The ten- question of the meaning of the literary open potentiation or delimitation of rhetorical irony. Mann‘s earlier poetic considerations are mainly sion of this interrelation is reflected in the irony. (Muecke, 1982, pp. 119-120). It can be noted The last one thinks to express something by its reflected in the essay ―Bilse and I‖ (―Bilse und This subject then becomes central in the novella that irony is always fraught with a notion of cri- opposite. At the level of fiction, romantic irony ich‖, on the relations between a trivial bestselling ―Tonio Kröger‖, published in 1903. The famous sis and as a result always has its reservations leads to a constant interplay between illusion author of his time and his own work; 1906). At narrative demonstrates an unbridgeable contrast concerning reality. building and illusion disturbance, which results the center of this treatise is the relationship be- between artistry and bourgeoisie (Bürgerlich- With regard to Thomas Mann, Nündel dis- in the anticipation of the unity of the two and tween the literary and extra-literary world, and keit); the protagonist suffers from this contradic- tinguishes between Socratic and Romantic iro- leads to the dissolution of the opposites. The re- the question of the position of the writer between tion in his existence as a writer. In fact this no- ny.3 He summarizes the latter ―as artistically realization of their unity, their absolute identity, aestheticism and cognition (Erkenntnis), which is vella plays a central role in the work of Thomas flected behaviour, which has become questiona- forms the ―synthesis‖, because ―through absolute targeted at the practice of life, remains central. Mann; in many ways, it is a fundament for his ble about reality, which therefore has no fixed synthesis of the productive imagination‖ a uni- Above all, the text establishes a theoretical con- later writings. position and whose statements therefore always verse is to be created ―from seemingly irrecon- nection between these two spheres, which is dif- Irony is a central subject of theoretical and remain ambiguous‖ (Nündel, 1972, p. 119). This cilable opposites‖ (Oesterreich, 1994, p. 356). ficult to implement in practice, no matter how literary discussions by Thomas Mann, which he is a view that is in line with our thinking. Nündel In contrast to (post-) modern metafiction, much Thomas Mann tries to synthesize it. This addresses throughout in his ―Reflections of a (1972) points out that today‘s understanding of the reflection of romanticism is directed towards essay also outlines the other side of being an art- Nonpolitical‖ (―Betrachtungen eines Unpolitis- irony is based on the romantic concept. Thomas transcendence. ―The imaginative crossing of ist, that is, whether the artist appears as a cogniz- chen‖) and in some essays of the 1930s and Mann describes irony as ―the only artistically boundaries between reality and fiction, which in er: he looks through the objects with a critical 1940s. As is generally known, irony is always fruitful tension in a late period‖ (p. 119), which romantic irony is an expression of transcending, eye. The functionalization of art as criticism, in mentioned when there is a contradiction between finds its continuation in parody. becomes in postmodern metafiction an expres- other words, as ―literary criticism‖ (Mann, 2002, what is meant and what is said. In addition to the The concept of irony in Thomas Mann‘s sion of an intrinsic tension beyond the possibility 14.2, p. 106) is seen here as ―perhaps not a bad comic, irony is characterized by a certain ambi- work again moves into the light of the relation- of transcendence‖ (Quendler, 2002, p. 167). kind‖ (Mann, 2002, 14.2, p. 106). Heinrich De- guity, which leads to uncertainty among the ship between life and spirit, which he considers Romantic poetry is thus infinite and pro- tering reads Thomas Mann‘s descriptions of suf- reader. The intention of irony is to ―lead the as follows: ―The relationship between life and gressive because it can only come closer to its fering and pain associated with artistic existence wrong, dogmatic, shifted through itself to ab- spirit is an extremely delicate, difficult, exciting, universal goal, but it arises in the first place and production and fathoms the critically reflec- surdity‖ (Nündel, 1972, p. 115). This results in a painful relationship filled with irony and eroti- through the contrast that separates poetry from tive function of art as an expression of a para- certain superiority, an ironic standing above cism‖ (Mann, 2009, 13.1, p. 617). this goal. ―Applied to poetry, it means that the religious concept of ―self-breeding, yes self-sac- things. It should be noted that, the common denom- work does not remain within the limits of the rifice‖ (Detering, 2012, pp. 15-16). It is important to differentiate that irony is inator of the Romanticists‘ and Thomas Mann‘s representation of a finite world, but also that it The essays ―The social position of the writ- both a rhetorical device and a principle, a ―fer- concept of irony is that it is about mediating be- relativizes these limits in an eternal process and er in Germany‖ (―Die gesellschaftliche Stellung ment of philosophical and aesthetic speculation‖ tween opposites that attract and need each other. merely approaches the infinite, but never reaches des Schriftstellers in Deutschland‖) (1910), ―The (Muecke, 1982, p. 15). As we have already noted This is why they cannot easily be reconciled or it‖ (Pikulik, 2000, p. 157). This is exactly what writer‖ (―Der Literat‖) (1913) and ―About Fio- earlier, at the time of German Romanticism irony solved, but are to be preserved in their specificity creates the romantic longing motif. This motive, renza‖ (―Über Fiorenza‖) (1912) represent a was elevated to a philosophy of life and art. Its as well as other themes, are expressed in Thomas view that resembles the middle position of litera- hallmarks are dissimulation and play, which have 3 Nündel talks about Socratic irony being knowledge- oriented, so it is often referred to as pedagogical iro- Mann‘s novel ―Tonio Kröger‖. ture, and Mann wrote here: ―The synthesis is the to do with artistic imagination and critical intel- ny. ―Socrates claimed to be unknowing. With this he The reflection on literarylogical principles poet / writer himself. He represents it, always lect and can finally lead to overcoming one‘s said that he was knowledgeable, because he knew about his unknowing. But this knowledge had no accompanies Thomas Mann throughout his liter- and everywhere, the reconciliation of spirit and own art. In the 20th century, however, irony is positive content. He was the equivalent of negative ary path. On the one hand, it is about aesthetic art, of cognition and creativity, intellectualism changing into a view of life that is characterized freedom, and therefore his ignorance was ironic.‖ (117). ―If Socratic irony only referred to Greek reali- self-reflection, which often reflects the writer‘s and simplicity, reason and demoniac, asceticism by a variety of interpretations and leaves the ty, romantic irony aims at the entire reality. Thus, the identity crises, as well as the question of the le- and beauty - the [romantic concept of a] Third creative ego [...] became infinitely free, also free in relation to its own structure. Every setting occurs in 2 What is meant, of course, is the old, historical-philo- the awareness that it can be immediately negated‖ sophical term, which the Nazis later misused as well. (Nündel, 1972, p. 118).

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while only being unified selectively. A proof for derstood as a reservation against anything and our considerations is the fact that irony in Thom- everything, it is an ideal instrument for the writ- as Mann‘s work is not a question of either-or, but er. Through its ambiguity and multiplicity, it en- of both-as-well and soars in the middle. In other ables ambiguity: it protects the writer on the one words, it is an ambivalent irony. In our opinion, hand against literature associated with unfitness, this definition brings Thomas Mann close to illness and death, and on the other hand against Friedrich Schlegel‘s concept of irony as dis- life in all its manifestations. cussed above – a concept which he studied al- The above can be clearly traced in the figure ready as a young man, his main source being of Tonio Kröger, because ―He is only a spectator Ricarda Huch‘s two-volume introduction into the and shaper of life, but does not interfere. He is an era of Romanticism.4 ironist, therefore not subject to any interest [...]. In the thematization of irony Thomas Mann Translated into the language of the Bible: The is interested in placing himself in the gallery of ironist has no part in anything earthly‖ (Kurzke, his literary forefathers and role models and in 1999, p. 441). Tonio‘s actual conflict is reflected taking a position in relation to the mind-life prob- in the novella in his infatuation with the blond lem addressed. Following Nietzsche, Thomas and blue-eyed, but they don‘t want to know any- Mann understands irony as self-negation. thing about it. Ernst Nündel (1972) notes in this In ―Reflections of a Nonpolitical Man‖ respect that this is ―a highly devious, broken (―Betrachtungen eines Unpolitischen‖), however, love, a passion with doubts‖ (p. 126). Thomas Mann puts the concept of irony into a Thomas Mann‘s own example of the young formula. He writes: ―It‘s an opposition and an artist Tonio Kröger illustrates the tensions be- either / or. The spiritual person has the choice (as tween art and life, the ―bohemian‖ and the bour- far as he has the choice) to be either an ironist or geois, outsiderhood and social integration, which a radical; a third is decently not possible. What Tonio seeks to bridge. It is again the reflections he proves to be is a question of the last argumen- and the resulting insights that separate Tonio tation. It is decided by the fact which argument is from the naive, vital citizens and their everyday the last, decisive and absolute for him: life or life of the ―blond and blue-eyed‖. This is why he spirit (the spirit as truth or as justice or as purity). turns his back on the ―clumsy and lowly exist- For the radicalist, life is not an argument. Fiat ence‖ (―plumpes und niedriges Dasein‖, Mann justitia or veritas or libertas, fiat spiritus - pereat 2.1, 2004, p. 263)5 and indulges completely in mundus et vita! This is the way all radicalism ―the power of the spirit and the word‖ (―der speaks. ―Is truth an argument, if life is valid? Macht des Geistes und Wortes‖), ―which smile This question is the formula of irony‖ (Mann, and throne over the unconscious and mute life‖, 2009, 13.1, p. 617). ―die lächelnd über dem unbewußten und stum- Since irony can generally be understood as men Leben thront‖; (Mann, 2004, 2.1, p. 264). a reservation against anything and everything, it The real tension consists in the fact that on the is an ideal instrument for the writer. Through its one hand he develops an ―epistemological dis- ambiguity and Since irony can generally be un- gust‖ (―Erkenntnisekel‖) (Mann, 2004, 2.1, p.

4 Ricarda Huch: Die Romantik. Ausbreitung, Blütezeit und Verfall Blütezeit der Romantik. Leipzig: Haessel 5 Quotations from the original text were translated by 1899. Y. E. into English.

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while only being unified selectively. A proof for derstood as a reservation against anything and 276), but does not want to participate in the life ic creativity. our considerations is the fact that irony in Thom- everything, it is an ideal instrument for the writ- of the blond and blue-eyed. He even mocks their However, a change in Tonio‘s artistic as Mann‘s work is not a question of either-or, but er. Through its ambiguity and multiplicity, it en- naivety, since they ―have no need of the spirit‖ worldview is reflected in his conversations with of both-as-well and soars in the middle. In other ables ambiguity: it protects the writer on the one (―Geist nicht nötig haben‖; Mann, 2004, 2.1, p. Russian painter Lisaveta: He begins to realize words, it is an ambivalent irony. In our opinion, hand against literature associated with unfitness, 279). This separation leads to the fact that he is that ―one does not have to have died to be a crea- this definition brings Thomas Mann close to illness and death, and on the other hand against constantly searching for various compensations tive person in its whole sense‖ (―nicht gestorben Friedrich Schlegel‘s concept of irony as dis- life in all its manifestations. that can alleviate his ―cold heart‖ (―Her- sein muß, um ganz ein Schaffender zu sein‖), but cussed above – a concept which he studied al- The above can be clearly traced in the figure zenskälte‖; Mann, 2004, 2.1, p. 264). For this he considers it absolutely acceptable to unfold ready as a young man, his main source being of Tonio Kröger, because ―He is only a spectator reason, he is drawn to the south, where he ―em- artistically in a close relation with life. While at Ricarda Huch‘s two-volume introduction into the and shaper of life, but does not interfere. He is an barked on adventures of the flesh‖ (―sich in the beginning of the novella he was interested in era of Romanticism.4 ironist, therefore not subject to any interest [...]. Abenteuer des Fleisches begab‖, he ―descended the question of whether the two extremes could In the thematization of irony Thomas Mann Translated into the language of the Bible: The deeply into lust and hot guilt and suffered un- be combined, in his conversations with Lisaveta is interested in placing himself in the gallery of ironist has no part in anything earthly‖ (Kurzke, speakably‖ (―stieg tief hinab in Wollust und Ivanovna he raises the question of how the rela- his literary forefathers and role models and in 1999, p. 441). Tonio‘s actual conflict is reflected heiße Schuld und litt unsäglich dabei‖; Mann, tionship between the artist and society should be taking a position in relation to the mind-life prob- in the novella in his infatuation with the blond 2004, 2.1, p. 264). This, too, is no solution for shaped6. Meanwhile Tonio is also in the middle lem addressed. Following Nietzsche, Thomas and blue-eyed, but they don‘t want to know any- him, because ―a disgust and hatred against the between life and the distance towards life. He Mann understands irony as self-negation. thing about it. Ernst Nündel (1972) notes in this senses captured him‖ (―ein Ekel und Haß gegen knows ―that one has a strangely distant and In ―Reflections of a Nonpolitical Man‖ respect that this is ―a highly devious, broken die Sinne erfaßte ihn‖; Mann, 2004, 2.1, p. 265). uninvolved relationship with the human‖ (―daß (―Betrachtungen eines Unpolitischen‖), however, love, a passion with doubts‖ (p. 126). He leads a life outside society and the ―eccentric man zum Menschlichen in einem seltsam fernen Thomas Mann puts the concept of irony into a Thomas Mann‘s own example of the young adventures‖ benefit his work. His enthusiasm is und unbeteiligten Verhältnis stehe‖; Mann, 2004, formula. He writes: ―It‘s an opposition and an artist Tonio Kröger illustrates the tensions be- emphasized by the narrator: ―He does not work 2.1, p. 270). As noted above, at this stage of his either / or. The spiritual person has the choice (as tween art and life, the ―bohemian‖ and the bour- like the one who works in order to live, but like development Tonio is already faced with the far as he has the choice) to be either an ironist or geois, outsiderhood and social integration, which the one who wants nothing but to work, because question of how this way should be shaped. At a a radical; a third is decently not possible. What Tonio seeks to bridge. It is again the reflections as a living man he does not care about anything, later point, he simply asks: ―But what is the art- he proves to be is a question of the last argumen- and the resulting insights that separate Tonio he wants to be considered only as a creator‖ (―Er ist?‖ (Mann, 2004, 2.1, p. 273). Lisaveta Ivanov- tation. It is decided by the fact which argument is from the naive, vital citizens and their everyday arbeitet nicht wie Jemand, der arbeitet, um zu na then points out the enlightening impetus of the last, decisive and absolute for him: life or life of the ―blond and blue-eyed‖. This is why he leben, sondern wie Einer, der nichts will als ar- art, namely its ―purifying and sanctifying effect‖ spirit (the spirit as truth or as justice or as purity). turns his back on the ―clumsy and lowly exist- beiten, weil er sich als lebendigen Menschen für (―reinigende und heiligende Wirkung‖; Mann, For the radicalist, life is not an argument. Fiat ence‖ (―plumpes und niedriges Dasein‖, Mann nichts achtet, nur als Schaffender in Betracht zu 2004, 2.1, p. 275), which she hopes will ―destroy justitia or veritas or libertas, fiat spiritus - pereat 2.1, 2004, p. 263)5 and indulges completely in kommen wünscht‖. (Mann, 2004, 2.1, p. 266). passions‖ ―die Zerstörung der Leidenschaften‖ mundus et vita! This is the way all radicalism ―the power of the spirit and the word‖ (―der Tonio Kroeger understands that ―good works are (Mann, 2004, 2.1, p. 275). Such a conception of speaks. ―Is truth an argument, if life is valid? Macht des Geistes und Wortes‖), ―which smile born only under the pressure of a bad life, that he art should show ―the way to understanding, for- This question is the formula of irony‖ (Mann, and throne over the unconscious and mute life‖, who lives does not work, and that one must have giveness and love‖ (―den Weg zum Verstehen, 2009, 13.1, p. 617). ―die lächelnd über dem unbewußten und stum- died in order to be completely a creator‖ (―daß zum Vergeben und zur Liebe‖; Mann, 2004, 2.1, Since irony can generally be understood as men Leben thront‖; (Mann, 2004, 2.1, p. 264). gute Werke nur dem Druck eines schlimmen Le- p. 275). a reservation against anything and everything, it The real tension consists in the fact that on the bens entstehen, daß, wer lebt, nicht arbeitet, und This leads Tonio Kröger to reject a view of is an ideal instrument for the writer. Through its one hand he develops an ―epistemological dis- daß man gestorben sein muß, um ganz ein Schaf- art that is only oriented towards cognition and ambiguity and Since irony can generally be un- gust‖ (―Erkenntnisekel‖) (Mann, 2004, 2.1, p. fender zu sein‖; Mann, 2004, 2.1, p. p. 266). As a understanding: ―Another, but no less endearing result, it is impossible for him to establish a con- 4 Ricarda Huch: Die Romantik. Ausbreitung, Blütezeit und Verfall Blütezeit der Romantik. Leipzig: Haessel 5 Quotations from the original text were translated by nection to ordinary life – it would kill his aesthet- 6 This is a question that also occupied the early roman- 1899. Y. E. into English. ticists.

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side of the matter is, of course, the blasé, indif- home with confidence. I am finished‖ (―Ich ference and ironic tiredness towards all truth, as danke Ihnen, Lisaweta Iwanowna; nun kann ich it is a fact that nowhere in the world is it more getrost nach Hause gehn. Ich bin erledigt‖; mute and hopeless than in a circle of ingenious Mann, 2004, 2.1, p. 281) [emphasis in the text]. people who are already hounded by all dogs. All Jens Ewen (2017) believes that this state- cognition is old, stale, and boring. Speak a truth ment creates an ironic structure: ―Because Tonio that you may take some youthful delight in con- sees the range of art as limited, denies the possi- quering and possessing, and your vulgar enlight- bility of doing things once and for all, and cannot enment will be answered with a brief release of see the purpose of art in it, his own statement at air through the nose...‖ (―Eine andere, aber nicht the end of the conversation (―I‘m done‖) is rela- minder liebenswürdige Seite der Sache ist dann tivized. For because of his art theoretical as- freilich die Blasiertheit, Gleichgültigkeit und sumptions, he cannot really relate this statement ironische Müdigkeit aller Wahrheit gegenüber, to himself‖ (p. 89). We are more inclined to the wie es denn Thatsache ist, daß es nirgends in der view that in this formula Tonio does not want to Welt stummer und hoffnungsloser zugeht, als in admit to himself, but suppresses in return, is true, einem Kreise von geistreichen Leuten, die bereits because of his conviction that life kills the spirit mit allen Hunden gehetzt sind. Alle Erkenntnis or cognition. In any case, here art is assigned a ist alt und langweilig. Sprechen Sie eine middle position between spirit and life (―The Wahrheit aus, an deren Eroberung und Besitz Sie Middle Position of Poetry‖). The following quo- vielleicht eine gewisse jugendliche Freude tations from the novella, which describe Tonio‘s haben, und man wird Ihre ordinäre Aufgek- inner conflict as follows, bear witness to this: lärtheit mit einem kurzen Entlassen der Luft ―tossed back and forth between holiness and durch die Nase beantworten…‖; Mann, 2004, heat, refined, impoverished, exhausted by cold 2.1, p. 275). and artificially exalted exaltations, lost, devastat- The conversation ends with the famous ed, martyred, sick‖ (―zwischen Heiligkeit und formula that postulates Tonio‘s belonging to the Brunst hin- und hergeworfen, raffiniert, verarmt, bourgeoisie: ―I have reached my goal, Lisaveta. erschöpft von kalten und künstlich erlesenen Ex- Listen to me. I love life, - this is a confession. altationen, verirrt, verwüstet, zermartert, krank‖; Take it and keep it, I‘ve never done it to anyone (Mann, 2004, 2.1, p. 316) In another passage it before‖ (―Ich bin am Ziel, Lisaweta. Hören Sie says: ―I stand between two worlds, I am not at mich an. Ich liebe das Leben, – dies ist ein home in either one and as a result I have a little Geständnis. Nehmen Sie es und bewahren Sie es, difficulty‖ (―Ich stehe zwischen zwei Welten, bin – ich habe es noch keinem gemacht‖; (Mann, in keiner daheim und habe es infolge dessen ein 2004, 2.1, p. 278). From this the judgement made wenig schwer‖; (Mann, 2004, 2.1, p. 317). In a by Lisaveta Ivanovna it can be deduced that he letter to Lisaveta, it is also said that his love for was ―a citizen lost at a crossroads‖ (―ein auf Ir- the ―blond and blue-eyed, the happy, the lovable rwegen […] verirrter Bürger‖; Mann, 2004, 2.1, and the ordinary‖ is always carried by contrasts: p. 281), to which Tonio Kröger again reacts am- ―In it there is longing and melancholy, envy and biguously. He concludes with the words: ―I a little bit of contempt and a very chaste happi- thank you, Lisaveta Ivanovna; now I can go ness‖ (―Sehnsucht ist darin und schwermütiger

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side of the matter is, of course, the blasé, indif- home with confidence. I am finished‖ (―Ich Neid und ein klein wenig Verachtung und eine 1 Cor. 13: ―For if anything can turn a man of let- ference and ironic tiredness towards all truth, as danke Ihnen, Lisaweta Iwanowna; nun kann ich ganz keusche Seligkeit‖; (Mann, 2004, 2.1, p. ters into a poet, it is my civic love for the human, it is a fact that nowhere in the world is it more getrost nach Hause gehn. Ich bin erledigt‖; 318). This tension lies at the heart of what is ac- the living and the ordinary. All warmth, all kind- mute and hopeless than in a circle of ingenious Mann, 2004, 2.1, p. 281) [emphasis in the text]. tually artistic, and the way it is dealt with is com- ness, all humour comes from it, and it almost people who are already hounded by all dogs. All Jens Ewen (2017) believes that this state- pared to the ―dangerous knife dance‖, which is seems to me as if it were the love itself of which cognition is old, stale, and boring. Speak a truth ment creates an ironic structure: ―Because Tonio intended to remind the artist of the contradiction it is written that one can speak with the tongues that you may take some youthful delight in con- sees the range of art as limited, denies the possi- ―which lay in having to dance when one of men and angels, and without it is but a sound- quering and possessing, and your vulgar enlight- bility of doing things once and for all, and cannot loved...‖. (―der darin lag, tanzen zu müssen, ing brass and a ringing bell‖ (―Denn wenn irgend enment will be answered with a brief release of see the purpose of art in it, his own statement at indeß man liebte…‖; (Mann, 2004, 2.1, p. 314). etwas imstande ist, aus einem Literaten einen air through the nose...‖ (―Eine andere, aber nicht the end of the conversation (―I‘m done‖) is rela- The antithetical structure that is imprinted here Dichter zu machen, so ist es diese meine Bürger- minder liebenswürdige Seite der Sache ist dann tivized. For because of his art theoretical as- runs through the entire narrative. liebe zum Menschlichen, Lebendigen und freilich die Blasiertheit, Gleichgültigkeit und sumptions, he cannot really relate this statement Returning to the theme of reflections, it can Gewöhnlichen. Alle Wärme, alle Güte, aller ironische Müdigkeit aller Wahrheit gegenüber, to himself‖ (p. 89). We are more inclined to the be pointed out that in the aforementioned con- Humor kommt aus ihr, und fast will mir wie es denn Thatsache ist, daß es nirgends in der view that in this formula Tonio does not want to versation with Lisaveta Ivanovna, Tonio speaks scheinen, als sei sie jene Liebe selbst, von der Welt stummer und hoffnungsloser zugeht, als in admit to himself, but suppresses in return, is true, of the illusion-destroying power of mental reflex- geschrieben steht, dass Einer mit Mensch- und einem Kreise von geistreichen Leuten, die bereits because of his conviction that life kills the spirit ivity, which no longer gives room to the irration- Engelszungen reden könne und ohne sie doch mit allen Hunden gehetzt sind. Alle Erkenntnis or cognition. In any case, here art is assigned a al ―sweet tumult‖ (―süßen Tumult‖; (Mann, nur ein tönendes Erz und eine klingende Schelle ist alt und langweilig. Sprechen Sie eine middle position between spirit and life (―The 2004, 2.1, p. 277): ―that is pronounced [...] is sei.‖ (Mann, 2004, 2.1, p. 318). Wahrheit aus, an deren Eroberung und Besitz Sie Middle Position of Poetry‖). The following quo- done. If the whole world is pronounced, it is fin- According to Ewen, the irony here is car- vielleicht eine gewisse jugendliche Freude tations from the novella, which describe Tonio‘s ished, redeemed, and done with‖ (―Was ried to extremes by the fact ―that these art theo- haben, und man wird Ihre ordinäre Aufgek- inner conflict as follows, bear witness to this: ausgesprochen ist […], ist erledigt. Ist die ganze retical discussions are themselves part of a liter- lärtheit mit einem kurzen Entlassen der Luft ―tossed back and forth between holiness and Welt ausgesprochen, so ist sie erledigt, erlöst, ary text. While in the beginning Tonio‘s posi- durch die Nase beantworten…‖; Mann, 2004, heat, refined, impoverished, exhausted by cold abgethan‖; (Mann, 2004, 2.1, p. 277). In the end, tion is that there can be no more art in modern 2.1, p. 275). and artificially exalted exaltations, lost, devastat- however, Tonio does the same, and that is to say, times, he revises this position at the end by The conversation ends with the famous ed, martyred, sick‖ (―zwischen Heiligkeit und he thematizes his own conditions of creation, making a fiery declaration of ‗life‘. The artistic formula that postulates Tonio‘s belonging to the Brunst hin- und hergeworfen, raffiniert, verarmt, which should show that artistic production can appearance given to this confession is limited in bourgeoisie: ―I have reached my goal, Lisaveta. erschöpft von kalten und künstlich erlesenen Ex- very well be subject to rational analysis. This its authenticity and originality by the fact that it Listen to me. I love life, - this is a confession. altationen, verirrt, verwüstet, zermartert, krank‖; point of reference also corresponds to the pro- draws its aesthetic power from the quotation. Take it and keep it, I‘ve never done it to anyone (Mann, 2004, 2.1, p. 316) In another passage it gramme of German Romanticism, according to However, the form of artistic expression given before‖ (―Ich bin am Ziel, Lisaweta. Hören Sie says: ―I stand between two worlds, I am not at which the conditions of production of a literary to these self-thematizations of art restores their mich an. Ich liebe das Leben, – dies ist ein home in either one and as a result I have a little work should be reflected upon. Although Tonio validity and implicitly, conveys that art does not Geständnis. Nehmen Sie es und bewahren Sie es, difficulty‖ (―Ich stehe zwischen zwei Welten, bin himself states that he is ―done‖ ((Mann, 2004, only have the quote at its disposal. In this way, a – ich habe es noch keinem gemacht‖; (Mann, in keiner daheim und habe es infolge dessen ein 2.1, p. 281), he actually wants to continue writ- complex form of irony is achieved on several 2004, 2.1, p. 278). From this the judgement made wenig schwer‖; (Mann, 2004, 2.1, p. 317). In a ing. After the confession of his bourgeoisie levels of statement, which keeps a constant by Lisaveta Ivanovna it can be deduced that he letter to Lisaveta, it is also said that his love for (Bürgerlichkeit), he knows that he is not an artist movement of thought going and prevents a clear was ―a citizen lost at a crossroads‖ (―ein auf Ir- the ―blond and blue-eyed, the happy, the lovable in the sense of the genius-aesthetic tradition al- positioning‖ (Ewen, 2017, p. 93). Finally, it rwegen […] verirrter Bürger‖; Mann, 2004, 2.1, and the ordinary‖ is always carried by contrasts: ready mentioned. Nevertheless, it obliges him to should be noted that in the novella Tonio p. 281), to which Tonio Kröger again reacts am- ―In it there is longing and melancholy, envy and stand in relation to the social conditions of mo- Kroeger maintains an ironic attitude towards the biguously. He concludes with the words: ―I a little bit of contempt and a very chaste happi- dernity. Tonio‘s confession of life at the end con- world, because it enables ―the linguistically log- thank you, Lisaveta Ivanovna; now I can go ness‖ (―Sehnsucht ist darin und schwermütiger tains a direct reference to the Bible passage from ical realization of an attitude that wants to keep

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the oppositions open and not reconcile them‖ Huch, R. (1899). Die Romantik. Ausbreitung, (Ewen, 2017, p. 94). Blütezeit und Verfall Blütezeit der Ro- mantik. Leipzig: Haessel. Conclusions Kerschbaumer, S. (2018). Immer wieder Roman- tik. Modelltheoretische Beschreibungen To sum up, it is worth noting, in regard to ihrer Wirkungsgeschichte. Heidelberg: irony, that Thomas Mann uses this term to ex- Winter. press ambiguity in literary terms. It enables the Kohns, O. (2007). Romantische Ironie und die writer ―constructive, positive narrative attitude Möglichkeit von Metaliteratur. In J. [...] wherever the narrator is not satisfied with Hauthal (Hg.), Metaisierung in Litera- reality, but the opposite of what seems to be ir- tur und anderen Medien: Theoretische revocable is considered and expressed, wherever Grundlagen – Historische Perspektiven long discussions end without a fixed result [...]‖ – Metagattungen – Funktionen (S.194- (Koopmann, 1975, p. 356-357) [emphasis: Y. 205). Berlin u.a.: De Gruyter. E.]. Koopmann, H. (Hg.). (1975). Thomas Mann. Looking back on the philosophical-aesthetic Theorie und Praxis der epischen Ironie. position of Friedrich Schlegel, it can be said that -Darmstadt: Wissenschaftliche Buch- the novella ―Tonio Kröger‖ is nothing other than gesellschaft. the manifestation of a middle position between Kurzke, H. (1999). Thomas Mann. München: spirit and life, which reflects the position of the Beck. ―state of suspense‖ in Schlegel‘s view of pro- Mann, Th. (2009). 13.1. Betrachtungen eines gressive poetry. This, in turn, corresponds to Unpolitischen. In Heinrich Detering Thomas Mann‘s view of poetry, according to (Hg.), Große kommentierte Frankfurter which the poet himself represents the synthesis Ausgabe (GKFA). Werke – Briefe – Ta- of the spheres of life and spirit. From this results gebücher. u.a. Frankfurt a.M.: Fischer. the range of the romantic conception of univer- Mann, Th. (2004). 2.1. Frühe Erzählungen 1893- sity poetry or literary self-reflection up to the 1912. In Heinrich Detering (Hg.), epoch of modernity, in our case represented in Große kommentierte Frankfurter Aus- the novella by Thomas Mann. gabe (GKFA). Werke – Briefe – Tage- bücher. u.a. Frankfurt a.M.: Fischer. REFERENCES Mann, Th. (2002). 14.1./14.2. Essays I: 1893- 1914. In Heinrich Detering (Hg.), Detering, H. (2012). Thomas Manns amerika- Große kommentierte Frankfurter nische Religion. Theologie, Politik und Ausgabe (GKFA). Werke – Briefe – Ta- Literatur im kalifornischen Exil. Frank- gebücher. u.a. Frankfurt a.M.: Fischer. furt a.M.: Fischer. Muecke, D. C. (1982). Irony and the Ironic. Lon- Ewen, J. (2017). Erzählter Pluralismus. Thomas don: Methuen. Manns Ironie als Sprache der Moder- Nündel, E. (1972). Die Kunsttheorie Thomas ne. Frankfurt a. M.: Vittorio Kloster- Manns. Bonn: Bouvier. mann. Oesterreich, P. L. (1994). Ironie. In Helmut

WISDOM 1(14), 2020 96 96 Irony as “Ferment of Philosophical and Aesthetic Speculation” (By Friedrich Schlegel and Thomas Mann)

the oppositions open and not reconcile them‖ Huch, R. (1899). Die Romantik. Ausbreitung, Schanze (Hg.), Romantik-Handbuch (S. M.: Lang. (Ewen, 2017, p. 94). Blütezeit und Verfall Blütezeit der Ro- 351-365). Stuttgart: Kröner. Safransky, R. (2007). Romantik: Eine deutsche mantik. Leipzig: Haessel. Pikulik, L. (2000). Frühromantik: Epoche-Werk Affäre. München: Hanser. Conclusions Kerschbaumer, S. (2018). Immer wieder Roman- Wirkung. München: Beck. Schlegel, F. (1967). Kritische Ausgabe seiner tik. Modelltheoretische Beschreibungen Quendler, Ch. (2002). From Romantic Irony to Werke (Bd. 2). (E. Behler, Hg.). Mün- To sum up, it is worth noting, in regard to ihrer Wirkungsgeschichte. Heidelberg: Postmodernist Metafiction. Frankfurt a. chen: Schöningh. irony, that Thomas Mann uses this term to ex- Winter. press ambiguity in literary terms. It enables the Kohns, O. (2007). Romantische Ironie und die writer ―constructive, positive narrative attitude Möglichkeit von Metaliteratur. In J. [...] wherever the narrator is not satisfied with Hauthal (Hg.), Metaisierung in Litera- reality, but the opposite of what seems to be ir- tur und anderen Medien: Theoretische revocable is considered and expressed, wherever Grundlagen – Historische Perspektiven long discussions end without a fixed result [...]‖ – Metagattungen – Funktionen (S.194- (Koopmann, 1975, p. 356-357) [emphasis: Y. 205). Berlin u.a.: De Gruyter. E.]. Koopmann, H. (Hg.). (1975). Thomas Mann. Looking back on the philosophical-aesthetic Theorie und Praxis der epischen Ironie. position of Friedrich Schlegel, it can be said that -Darmstadt: Wissenschaftliche Buch- the novella ―Tonio Kröger‖ is nothing other than gesellschaft. the manifestation of a middle position between Kurzke, H. (1999). Thomas Mann. München: spirit and life, which reflects the position of the Beck. ―state of suspense‖ in Schlegel‘s view of pro- Mann, Th. (2009). 13.1. Betrachtungen eines gressive poetry. This, in turn, corresponds to Unpolitischen. In Heinrich Detering Thomas Mann‘s view of poetry, according to (Hg.), Große kommentierte Frankfurter which the poet himself represents the synthesis Ausgabe (GKFA). Werke – Briefe – Ta- of the spheres of life and spirit. From this results gebücher. u.a. Frankfurt a.M.: Fischer. the range of the romantic conception of univer- Mann, Th. (2004). 2.1. Frühe Erzählungen 1893- sity poetry or literary self-reflection up to the 1912. In Heinrich Detering (Hg.), epoch of modernity, in our case represented in Große kommentierte Frankfurter Aus- the novella by Thomas Mann. gabe (GKFA). Werke – Briefe – Tage- bücher. u.a. Frankfurt a.M.: Fischer. REFERENCES Mann, Th. (2002). 14.1./14.2. Essays I: 1893- 1914. In Heinrich Detering (Hg.), Detering, H. (2012). Thomas Manns amerika- Große kommentierte Frankfurter nische Religion. Theologie, Politik und Ausgabe (GKFA). Werke – Briefe – Ta- Literatur im kalifornischen Exil. Frank- gebücher. u.a. Frankfurt a.M.: Fischer. furt a.M.: Fischer. Muecke, D. C. (1982). Irony and the Ironic. Lon- Ewen, J. (2017). Erzählter Pluralismus. Thomas don: Methuen. Manns Ironie als Sprache der Moder- Nündel, E. (1972). Die Kunsttheorie Thomas ne. Frankfurt a. M.: Vittorio Kloster- Manns. Bonn: Bouvier. mann. Oesterreich, P. L. (1994). Ironie. In Helmut

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DOI: 10.24234/wisdom.v14i1.314 Arusyak GEVORGYAN

A THEORETICAL-PRACTICAL ANALYSIS OF PHILOSOPHICAL AND PSYCHOLOGICAL ASPECTS OF HUMAN RESOURCES MANAGEMENT

Abstract

The article presents the role of human resources (HR) management philosophy in the work of an organization. The staff management philosophy development phases, the principles and functions are observed. The link of HR management philosophy with the socio-cultural traditions and different countries and ethnic groups is shown based on the analyses of HR management national peculiarities. The author also represents the specifics of the HR management process in law enforcement bodies and in the Police of the Republic of Armenia in particular. The socio-psychological specifics of HR management in the Po- lice, as well as the perspectives of their development, are outlined.

Keywords: HR management philosophy, organization mission, Police personnel, ensuring the psychological aspect, personal quality, HR management tools.

Introduction Taylor, G. Emerson, G. Ford, H. Fayol1. In the book entitled ―The Principles of Scientific It is known that each sphere of knowledge, Management‖ F. Taylor (1911) justified his the- having reached a certain level of development, sis on the new perception of industrial enterprise requires giving a meaning to its object, methods, management. The staff management theory de- principles and concepts and defining its specific veloped along with the development of man- place among the other sciences. This also hap- agement science since every managerial science pened to the field of management which having a comes into existence where the human factor huge history and shocking the world with the emerges in management. Later the empiric greatest creations of men by organizing the con- knowledge in the field of management obtained struction of the Egyptian Pyramids and the a more organised nature and transformed into a Hanging Gardens of Babylon developed into sci- logical system of principles and methods. This ence only at the end of the 19th century and the development was the result of the application of beginning of the 20th century. achievements of several related sciences, such as The definitions of the phenomenon of the Economics, Sociology, Psychology, Anthropol- ―scientific management‖, the main laws and ogy, Ethics, Social Philosophy, Philosophy of

principles were first used in the works of F. 1 For more details on scientific management or HR management theory formation, please refer to Fayol, Emerson, Taylor, & Ford, 1992, p. 349.

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DOI: 10.24234/wisdom.v14i1.314 Culture, etc. That is why management science According to M. U. Rogozhin (2008), the Arusyak GEVORGYAN has an interdisciplinary character. HR management philosophy is perceived as a The management styles brought forward by system of organization/enterprise management A THEORETICAL-PRACTICAL ANALYSIS K. Lewin, the works on the activities of law views and ideas on the essence of staff manage- OF PHILOSOPHICAL AND PSYCHOLOGICAL ASPECTS enforcement bodies and personal qualities of ment as a specific type of management activity employees of Yu. Chufarowski, G. Shikhantsov, (p. 11). OF HUMAN RESOURCES MANAGEMENT V. L. Vasiliev, the staff management psychology HR management philosophy defines a

of O. V. Yevtikhov, etc. were studied given that priority system in the process of organising the Abstract ensuring the psychological aspect of the HR HR management, including the attitude both to

management process in the RA Police was the whole staff and to each employee individu- The article presents the role of human resources (HR) management philosophy in the work of an or- considered important in the article. The research ally. Thus the HR management philosophy inc- ganization. The staff management philosophy development phases, the principles and functions are ob- methods applied were the traditional analysis of ludes the principle of the flexible attitude in served. The link of HR management philosophy with the socio-cultural traditions and different countries documents, in-depth interviews, and focus group which the employee is a valuable asset. This all and ethnic groups is shown based on the analyses of HR management national peculiarities. The author inquiries. creates sound competitiveness, not on account of also represents the specifics of the HR management process in law enforcement bodies and in the Police HR management, but of each employee‘s com- of the Republic of Armenia in particular. The socio-psychological specifics of HR management in the Po- The General Description of HR mitment to the company/organization assets. For lice, as well as the perspectives of their development, are outlined. Management Philosophy this reason, from our viewpoint, it is very im-

portant to include the interests of both the com- Keywords: HR management philosophy, organization mission, Police personnel, ensuring the HR management philosophical analysis is pany/organization and each employee in organiz- psychological aspect, personal quality, HR management tools. targeted at the study of human resources activi- ing the management process efficiently.

ties in the management process. In the work of HR management philosophy, first of all, is

V. S. Diev (2010), the management philosophy targeted at findings of relations between the Introduction Taylor, G. Emerson, G. Ford, H. Fayol1. In the is defined as ―a system of generalising judge- company/organization and the employee. Giving book entitled ―The Principles of Scientific ments of philosophical character on management each employee an opportunity to meet his/her It is known that each sphere of knowledge, Management‖ F. Taylor (1911) justified his the- methods and its object, the place of ―manage- needs during the work, the organization manager having reached a certain level of development, sis on the new perception of industrial enterprise ment‖ among other sciences, its gnoseological can develop the company. The HR management requires giving a meaning to its object, methods, management. The staff management theory de- and social role in the contemporary society‖ (pp. accepted in the company allows ensuring equal, principles and concepts and defining its specific veloped along with the development of man- 35-41). fair, mutually beneficial relations, to develop place among the other sciences. This also hap- agement science since every managerial science The management philosophy is to bind the trust not only between the employees and ma- pened to the field of management which having a comes into existence where the human factor sense of the organization existence with the nagers but also between the consumers, stake- huge history and shocking the world with the emerges in management. Later the empiric sense of the work of the employees working holders and suppliers. As a consequence, HR greatest creations of men by organizing the con- knowledge in the field of management obtained there in order to find agreement and harmony. management philosophy creates an opportunity struction of the Egyptian Pyramids and the a more organised nature and transformed into a For this reason, the sense of HR management to not only present the moral-ethical basis of the Hanging Gardens of Babylon developed into sci- logical system of principles and methods. This philosophy is to achieve harmony in relations company/organization activities analytically but ence only at the end of the 19th century and the development was the result of the application of between the employee and the manager. In fact, also to contribute to stabilizing the sound socio- beginning of the 20th century. achievements of several related sciences, such as philosophy in the field of HR management pre- psychological atmosphere. The definitions of the phenomenon of the Economics, Sociology, Psychology, Anthropol- sumes how the management treats its employees, R. Shuler speaking of HR management ―scientific management‖, the main laws and ogy, Ethics, Social Philosophy, Philosophy of what role they play in the success of their work, philosophy issues came to the following conclu- principles were first used in the works of F. how they should communicate with them and sion: ―…HR management philosophy defines 1 For more details on scientific management or HR management theory formation, please refer to Fayol, how to manage them. how the companies/organizations treat their hu- Emerson, Taylor, & Ford, 1992, p. 349.

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man resources, which aims the resources pursue influence of the competition. As it is mentioned in the overall work success and how they should in professional analyses, if the goals of an organ- be treated and managed. HR management phi- ization become the goals of every single employ- losophy defines guidelines that are necessary for ee, he/she will make maximum efforts for their the development of HR management projects implementation (Genkin, 1999). and issues related to people emerging in the field In another research, P. Druker (2007) wrote of work, as well as for the development of practi- that it is better not to manage people at all, but to cal methods for organizing the work based on guide them instead, this is about developing strategic goals‖ (Randall & Dennis, 2004, p. partnership relations between employees. There 284). On the whole, philosophy allows reviewing should be trust in the basis of communication management from outside penetrating into the with an employee. Only then the employees will essence of the management activity. The HR strive to work selflessly, committed and will management philosophy is conditioned by ob- make ―sacrifices‖ to the company. Then the main jecttive and subjective factors, as well as by the principles will be loyalty and mutual trust. High- external and internal environment. ly appreciating the selflessness and commitment The political and economic situation of a in working relations, we consider it necessary to country that dictates its rules in the company/ touch upon the fact that commitment cannot be organization management is classified among the the only component of partnership relations and objective factors. And the subjective factors refer very often it is not enough as a condition for the to the viewpoints of the owners, founders and efficient operation of the organization. chief executives on management, strategy, as In the context of the HR management well as the prescribed period of this company‘s philosophy of a company/organization, the emp- operation in which it is currently. loyees are viewed as the main asset and not an Efficient HR management immediately investment base, which consequently is groun- influences the stability of the company/organi- ded on certain principles: zation. This is particularly displayed in crisis sit-  following the labour legal framework; uations. The change of the external environment  justice; influences not only the managerial decision mak-  absence of discrimination; ing of the leadership but also the staff behaviour.  a decent attitude to a hired employee as the If a system known to everyone functions in a most important resource for the implemen- company, this allows to overcome hardships, tation of strategic and tactical goals. make the right decisions. The following idea can be cited as an ex- It is known that the organization mission is ample of an application of principles of working the main goal of its operation, the reason for and with human resources in the Russian profes- the sense of its existence. The mission and philo- sional literature ―…the principles are as follows sophy are mutually conditioned. The sense of the in the field of work with staff: employees can existence of successful organizations is in their count on stable salaries if a vacant position for a social direction. In case of orientation on exclu- manager is open, the preference is always given sively corporative values, the organization loses to the employees of the institution, in the case its viability and may stop its existence under the when the relations between the employer and

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man resources, which aims the resources pursue influence of the competition. As it is mentioned employee are built on the basis of partnership sonnel policy, to organize the staff interrelations, in the overall work success and how they should in professional analyses, if the goals of an organ- relations‖ (Kibanov, 2010, pp․ 87-88). etc. be treated and managed. HR management phi- ization become the goals of every single employ- HR management philosophy existence The HR management philosophy fixed in a losophy defines guidelines that are necessary for ee, he/she will make maximum efforts for their gives the company/organization an opportunity document gives the opportunity to establish just, the development of HR management projects implementation (Genkin, 1999). to have an additional impact on the organization reliable relations among the team, to raise the and issues related to people emerging in the field In another research, P. Druker (2007) wrote management process. This can be reached due to role of employees in decision-making processes, of work, as well as for the development of practi- that it is better not to manage people at all, but to the unified system of the ―game rules‖ in the or- to improve the working life quality. The viola- cal methods for organizing the work based on guide them instead, this is about developing ganization for the employees and for the organi- tion of the principles mentioned above can result strategic goals‖ (Randall & Dennis, 2004, p. partnership relations between employees. There zation in general. When the employees clearly in a conflict between the administrative team and 284). On the whole, philosophy allows reviewing should be trust in the basis of communication realize their mission in the organization, they employees and can bring to the collapse of the management from outside penetrating into the with an employee. Only then the employees will know the principles on which their own conduct organization. essence of the management activity. The HR strive to work selflessly, committed and will inside and outside the organization should be According to the opinion of numerous spe- management philosophy is conditioned by ob- make ―sacrifices‖ to the company. Then the main based. cialists, the philosophical bases of the organi- jecttive and subjective factors, as well as by the principles will be loyalty and mutual trust. High- The organization strives to have such staff zation activities were first clearly formulated in external and internal environment. ly appreciating the selflessness and commitment that agree to its philosophy and established va- Japan. Akio Morita (1990) developed the HR The political and economic situation of a in working relations, we consider it necessary to lues. Those who do not accept these values don‘t management philosophy of the company Sony: country that dictates its rules in the company/ touch upon the fact that commitment cannot be have any perspective to work in this organi- ―if it were possible to create conditions in which organization management is classified among the the only component of partnership relations and zation. people could unite for a clear goal of working objective factors. And the subjective factors refer very often it is not enough as a condition for the The following functions of the organization together and applying their technics, their abili- to the viewpoints of the owners, founders and efficient operation of the organization. philosophy are marked out in A. Ya. Kibanov‘s ties to make their own dreams come true, then chief executives on management, strategy, as In the context of the HR management (2010) works: such an organization could cause both a great well as the prescribed period of this company‘s philosophy of a company/organization, the emp-  product of solidarity; pleasure and a great benefit‖. operation in which it is currently. loyees are viewed as the main asset and not an  development of special orientations in the In Japan, the model of ―Our wealth is the Efficient HR management immediately investment base, which consequently is groun- staff conduct and activities; human resources‖ which corresponds to the idea influences the stability of the company/organi- ded on certain principles:  forming a deep understanding of the active- of ―The Company is our family‖. The HR ma- zation. This is particularly displayed in crisis sit-  following the labour legal framework; ties of each employee and administrative nagement practice of Japan is directed at ensur- uations. The change of the external environment  justice; subdivisions; ing employment during the whole working life. influences not only the managerial decision mak-  absence of discrimination;  creating a consistent and recognizable im- The social difference among the employees is ing of the leadership but also the staff behaviour.  a decent attitude to a hired employee as the age of the company in the external envi- not significant. The work management is imple- If a system known to everyone functions in a mented through a group principle in which the most important resource for the implemen- ronment (pp․ 96-97). company, this allows to overcome hardships, responsibility for the work quality and result is tation of strategic and tactical goals. It is necessary that the HR management make the right decisions. taken by the whole group. The following idea can be cited as an ex- humanistic value system is institutionalized so It is known that the organization mission is Thus, summing up the above-mentioned we ample of an application of principles of working that the organization ensures these principles. As the main goal of its operation, the reason for and come to the conclusion that the HR management with human resources in the Russian profes- a result, it is often formulated in the form of a the sense of its existence. The mission and philo- philosophy also has a vividly expressed national, sional literature ―…the principles are as follows separate document that permits clearly regulating sophy are mutually conditioned. The sense of the socio-psychological belonging. in the field of work with staff: employees can the relations between the employees and the existence of successful organizations is in their Certain peculiarities of HR management in count on stable salaries if a vacant position for a management. The existence of a normative docu- social direction. In case of orientation on exclu- the context of the Police of Armenia will be pre- manager is open, the preference is always given ment contributes to adaptаtion of new employees sively corporative values, the organization loses sented below. to the employees of the institution, in the case to the existing system, to clearly conduct the per- its viability and may stop its existence under the when the relations between the employer and

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Certain Psychological Peculiarities of Educational Complex2. 10 managers of the HR Management Complex departments and 6 representatives of the RA Police managerial personnel took part in When touching upon the psychological side the discussion. of HR management, we should mention that the Having summed up the results of the process of reforms taking place in the law en- research carried out, the findings as socio- forcement system in the Republic of Armenia psychological issues related to HR management creates favourable conditions for the develop- in the Police are as follows: ment of the HR management system in the RA  The RA Police has a mixture of military Police. Parallel to the quick changes in manage- hierarchy/ranks classification system and ment styles and principle happening in the law the Police civilian staff approach, which enforcement system and in the whole republic, means that the career of the employee is the study of the socio-psychological peculiarities mainly determined by meeting certain mili- of the management activities grows into a neces- tary rank standards, which in its turn is a sity. mandatory precondition for taking up the The concept of HR in the field of psycho- position. Today we cannot see any adminis- logy is used quite often, but unlike the field of trative instruction (with the exception of philosophy, it is not completely developed yet, law) that defines the standards of different and these resources as a factor to regulate the ranks but, as it was found out during our emotional state is poorly studied (Bodrov, 2000, meeting when getting employed by the RA p. 223). The main goal of the HR management Police, the employee can rarely avoid get- function in each organization is to confirm the ting a rank. This situation makes it difficult most efficient use of HR (Bas, 2010). to foster the appointment of young and re- What is meant by ―ensuring the psycholo- form-tended specialists in managerial posts gical aspect in the HR management‖ is the internally in the current system in order to personnel activities management, a series of break the obstacle of changes in the middle psychological preconditions, issues that are managerial circle. solved by special psychological technologies and  There is no HR management policy suffi- are the ensuring of localisation of the operating ciently developed in the RA Police, which system in the country (Kabachenko, 2003, pp 18- can clearly show the scope of the ―new 20). police‖. The Police reform strategy docu- Speaking of the RA Police HR management ment completes it to some extent, but it con- process, it should be mentioned that on 16-20 tains very little materials on the Police per- December 2019 a focus group discussion sonnel quality necessary changes or the re- targeted at finding the socio-psychological issues sponsibilities of the police during the con- of HR management efficiency among the RA temporary public service. Here it is note- Police personnel was held by the Education worthy that the conceptual changes of the Quality Assurance Department in the RA Police Police traditional role and mission present

2 The research was held with 16 participants of the focus group on 16-20 December, 2019.

WISDOM 1(14), 2020 102 102 A Theoretical-Practical Analysis of Philosophical and Psychological Aspects of Human Resources Management

Certain Psychological Peculiarities of Educational Complex2. 10 managers of the totally new requirements for the Police con- tions and so on. The psychological aspects HR Management Complex departments and 6 representatives of duct and personal qualities considering in- of motivation are the most important per- the RA Police managerial personnel took part in dependence, responsibility, flexibility, toler- sonal characteristics of a policeman, the When touching upon the psychological side the discussion. ance, communication skills, psychological person‘s attitude to the environment, and of HR management, we should mention that the Having summed up the results of the proficiency, etc. more significant. The va- being expressed in the motives, and it is process of reforms taking place in the law en- research carried out, the findings as socio- gueness of the HR management general displayed in actions, conduct, gets strength- forcement system in the Republic of Armenia psychological issues related to HR management policy was expressed in different ways by ened through them and becoming usual creates favourable conditions for the develop- in the Police are as follows: other organizations as well, the most recent evolves into relatively stable features of a ment of the HR management system in the RA  The RA Police has a mixture of military ones being the OECD SIGMA in the Base- character and qualities4. Police. Parallel to the quick changes in manage- hierarchy/ranks classification system and line Measurement report of which in March Considering all the aforementioned, we ment styles and principle happening in the law the Police civilian staff approach, which 2019 a general recommendation on Arme- think that the possible input of HR management enforcement system and in the whole republic, means that the career of the employee is nia was provided to the RA Government ―to tools in the RA Police may correspond to the the study of the socio-psychological peculiarities mainly determined by meeting certain mili- make changes in the legal framework on reforms planned by the RA Ministry of Justice, of the management activities grows into a neces- tary rank standards, which in its turn is a civil service which clarifies the civil service namely to e-management initiatives. In addition, sity. mandatory precondition for taking up the horizontal scope in regards with the posi- in the scope of the RA management wider The concept of HR in the field of psycho- position. Today we cannot see any adminis- tions in the customs office, tax administra- reforms, there can be already developed HR logy is used quite often, but unlike the field of trative instruction (with the exception of tive staff, intelligence service departments, management systems, and that can ease the philosophy, it is not completely developed yet, law) that defines the standards of different diplomatic service and law enforcement modern personnel policy input into the RA Po- and these resources as a factor to regulate the ranks but, as it was found out during our bodies‖3. lice. emotional state is poorly studied (Bodrov, 2000, meeting when getting employed by the RA  The RA Police does not possess any p. 223). The main goal of the HR management Police, the employee can rarely avoid get- contemporary tools that would fully corres- Conclusion function in each organization is to confirm the ting a rank. This situation makes it difficult pond to the general goals of the Police for most efficient use of HR (Bas, 2010). to foster the appointment of young and re- assessing the personnel‘s personal qualities, Thus, it has now become topical to input What is meant by ―ensuring the psycholo- form-tended specialists in managerial posts e.g. what can/should the officer/department HR management clear systems to assist the HR gical aspect in the HR management‖ is the internally in the current system in order to do to support the Police reforms. Still, the planning and career development, and it will be personnel activities management, a series of break the obstacle of changes in the middle idea that the Police or policemen cannot do appropriate to link the input of the systems with psychological preconditions, issues that are managerial circle. much to change the system and that the or- the overall IT support of the country at the same solved by special psychological technologies and  There is no HR management policy suffi- ders so-to-say ―come from above‖ is still time challenging us to disclose personal qualities are the ensuring of localisation of the operating ciently developed in the RA Police, which there. As a result, the training of the junior and necessary functions for professional success system in the country (Kabachenko, 2003, pp 18- can clearly show the scope of the ―new Police personnel has a rather low demand that dare not subject to the operation fall because 20). police‖. The Police reform strategy docu- which does not allow to ensure any profes- of a long-lasting and tense professional influence Speaking of the RA Police HR management ment completes it to some extent, but it con- sional or personal growth. And as it is or in case of a change of working tools. And process, it should be mentioned that on 16-20 tains very little materials on the Police per- known the efficiency of the work of an from the philosophical viewpoint, the develop- December 2019 a focus group discussion sonnel quality necessary changes or the re- employee- of a policeman in this case, is ment of HR management philosophy gives the targeted at finding the socio-psychological issues sponsibilities of the police during the con- mostly conditioned by the professional mo- opportunity to ensure equal rights, fair relations, of HR management efficiency among the RA temporary public service. Here it is note- tivation that includes the person‘s needs, a comfortable moral-psychological atmosphere, Police personnel was held by the Education worthy that the conceptual changes of the ambitions, interests, biases, believes, posi- social security of employees, employees‘ partici- Quality Assurance Department in the RA Police Police traditional role and mission present pation in decision-making processes in the or- 3 For more details see Public Management Principles ―Baseline Measurement Report‖, Armenia, March, 4 For more details on the Interrelation of a person‘s mo- 2 The research was held with 16 participants of the 2019, http://www.sigmaweb.org/publications/Baseli- tivation and character formation see Rubinstein, 2000, focus group on 16-20 December, 2019. ne-Measurement-Armenia-2019-ARM.pdf. p. 712.

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ganization and also ensuring the moral-ethical (1992). Management is a Science and basis of the activities of the company. Art. Moscow: Respublica. Genkin, B. M. (1999). Ekonomika i sotsiologiya REFERENCES truda (Economics and Sociology of Labor, in Russian), Textbook. for uni- Bas, V. N. (2010). Metodologiya upravleniya versities (2nd ed). Мoscow: Norma; organizatzionnim povedeniem na osno- Infra. ve korporativnoi kul‘turi v sisteme Kabachenko, T. S. (2003). Psikhologiya v uprav- upravleniya personalom (Methodology lenii chelovecheskimi resursami: U- of Managing Organizational Behavior chebnoe posobie (Psychology in Hu- Based on Corporate Culture in the man Resource Management: Textbook, System of Personal Management, in in Russian). Saint Petersburg: Peter. Russian) (Doctoral dissertation). Mos- Kibanov, A. Y., (2010) Upravlenie personalom cow: 99 Ryazanskiy Prospekt, Scien- organizatzii (Organization HR Mana- tists‘ Council conference hall. Retri- gement, in Russian). Мoscow: Infra-M. eved November 28, 2019 from: https:- Morita A. (1990). Sdelanno v Yaponii: Istoriya //www.dissercat.com/content/metodolo firmi Sony (Made in Japan: The History giya-upravleniya-organizatsionnym- of the Company ―Sony‖, in Russian). povedeniem-na-osnove-korporativnoi- Moscow: Progress. kultury-v-siste/read. Randall, S. S., & Dennis, R. B. (2004). Interna- Bodrov, V. A. (2000). Informatzionnyi stress, tional Human Resource Management, uchebnoe posobie dlya vuzov (Informa- 2nd ed. New York: Routledge. tional Stress, textbook for high schools, Rogozhin, M. Y. (2008). Upravlenie personalom in Russian). Moscow: PER SE. (HR Management, in Russian). Мos- Diev, V. S. (2010). Upravlenie, Philosophiya, cow: Prospect. Obshestvo (Management. Philosophy. Rubinstein, S. L. (2000). Osnovi obshei psikho- Society, in Russian), Philosophy Issues, logii (The Basics of General Psycho- 8, 35-41. logy, in Russian). Saint Petersburg: Pe- Druker, P. F., (2007) Zadachi menedzhmenta v ter. XIX veke (Management Objectives in Taylor, F. W. (1911). The Principles of Scientific the Nineteenth Century, in Russian). Management. New York, London: Har- Мoscow: Vilyams. per & Brothers. Fayol, H., Emerson, G., Taylor, F., & Ford, G.

WISDOM 1(14), 2020 104 104 Nonna KHACHATRYAN, Hrachya SARGSYAN

ganization and also ensuring the moral-ethical (1992). Management is a Science and DOI: 10.24234/wisdom.v14i1.319 basis of the activities of the company. Art. Moscow: Respublica. Nonna KHACHATRYAN, Genkin, B. M. (1999). Ekonomika i sotsiologiya Hrachya SARGSYAN REFERENCES truda (Economics and Sociology of Labor, in Russian), Textbook. for uni- NATIONAL VALUE SYSTEM IMPACT ON THE ECONOMY OF ARMENIA Bas, V. N. (2010). Metodologiya upravleniya versities (2nd ed). Мoscow: Norma; organizatzionnim povedeniem na osno- Infra. Abstract ve korporativnoi kul‘turi v sisteme Kabachenko, T. S. (2003). Psikhologiya v uprav- upravleniya personalom (Methodology lenii chelovecheskimi resursami: U- The process of accumulation and economic growth of national wealth has traditionally been linked in of Managing Organizational Behavior chebnoe posobie (Psychology in Hu- theory and in practice to the geographical position of the country, mineral wealth, high-quality human cap- Based on Corporate Culture in the man Resource Management: Textbook, ital, historical events. The article attempts to break this stereotype by linking the country‘s economic pro- System of Personal Management, in in Russian). Saint Petersburg: Peter. gress with the national value system. To this end, philosophical interpretations of the peculiarities of the Russian) (Doctoral dissertation). Mos- Kibanov, A. Y., (2010) Upravlenie personalom Armenian people‘s national value system are made, analyzing the nation-wide advantages and disad- cow: 99 Ryazanskiy Prospekt, Scien- organizatzii (Organization HR Mana- vantages that directly affect the economic progress of the country. In particular, the manifestations of na- tists‘ Council conference hall. Retri- gement, in Russian). Мoscow: Infra-M. tional values that impede Armenia‘s economic progress are revealed. In this respect, philosophical inter- eved November 28, 2019 from: https:- Morita A. (1990). Sdelanno v Yaponii: Istoriya pretation is given for Armenians, doing more effectively implement their entrepreneurial skills abroad, //www.dissercat.com/content/metodolo firmi Sony (Made in Japan: The History rather than in their homeland. giya-upravleniya-organizatsionnym- of the Company ―Sony‖, in Russian). povedeniem-na-osnove-korporativnoi- Moscow: Progress. Keywords: value system of nations, national entrepreneurial features, ―patriotic economics‖, public kultury-v-siste/read. Randall, S. S., & Dennis, R. B. (2004). Interna- and private interests. Bodrov, V. A. (2000). Informatzionnyi stress, tional Human Resource Management, nd uchebnoe posobie dlya vuzov (Informa- 2 ed. New York: Routledge. tional Stress, textbook for high schools, Rogozhin, M. Y. (2008). Upravlenie personalom Introduction sources and high-quality workforce presents. The in Russian). Moscow: PER SE. (HR Management, in Russian). Мos- formation of state good neighbourly relations, Diev, V. S. (2010). Upravlenie, Philosophiya, cow: Prospect. For centuries, the economic developments long-term historical favourable conditions for the Obshestvo (Management. Philosophy. Rubinstein, S. L. (2000). Osnovi obshei psikho- of nations and countries have not been sustained development of inter-state relations and vice ver- Society, in Russian), Philosophy Issues, logii (The Basics of General Psycho- and have had their ups and downs. Some of the sa can also have a positive or negative impact on 8, 35-41. logy, in Russian). Saint Petersburg: Pe- once economically powerful countries are now the prosperity of the national economy. Druker, P. F., (2007) Zadachi menedzhmenta v ter. classified as developing nations, or vice versa, a The factors listed certainly have a strong or XIX veke (Management Objectives in Taylor, F. W. (1911). The Principles of Scientific few centuries ago wild tribes and ethnic groups weak impact on the economic development of the Nineteenth Century, in Russian). Management. New York, London: Har- that did not even have statehood, currently in- any country, but we believe that the value system Мoscow: Vilyams. per & Brothers. cluded in economically developed countries of nations residing in the country is a priority. Fayol, H., Emerson, G., Taylor, F., & Ford, G. framework. This phenomenon can be interpreted Many examples can be found, when several Eu- in several ways. In one case it can be argued, that ropean countries, lacking a rich mineral base and nations have different speeds of economic devel- large territories, are currently among the most opment due to the geographical location of their economically developed countries. On the con- homeland, being located at commercial cross- trary, some African states, which are rich in min- roads, and having seaports. In the other case, the eral resources and have a population of millions, rates of economic development of nations can be are still unable to provide the necessary econom- correlated with the country‘s rich mineral re- ic growth.

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As for Armenia, which only gained inde- functions himself. Due to the fact that he suc- pendence thirty years ago, it should be noted, ceeds in self-organization only by distinguishing that a small state in the region, surrounded by his position from others, which is in principle, non-fraternal neighbour states, with a poor raw identical and equal to his position, this means the material base, can provide some economic stabil- need for a person to affirm himself in communi- ity. However, we do not think that the factors cation by contrasting other individuality. But listed in the economic progress of the Armenian even at the level of analysis of communication, it people are the ones that hinder them. Here we turns out that for its possibility such affirmation hypothesize, that the main reasons for the slow is not enough, it requires something in common economic prosperity of the Armenian people are for opposed social positions. This results in the hidden in the national value system, where there fact that the personality itself can be analyzed as are harmful components that, cause an economic a two-part type of individuality, including the slowdown. Therefore, our comments on Arme- unique uniqueness affirmed in the acts of com- nia‘s economic development opportunities will munication, and universality, which makes the be viewed in the article through the prism of the positions of communicants comparable (compa- national value system. rable), and theirs similar to each other. A nation is a value, politically-constructed, Research Results discursive type of socio-ethnic communities. The above allows us to formulate methodological The nation stands out among other types of provisions regarding the study of national values. socio-ethnic communities as follows. Unlike The system of national values is complex, multi- other socio-ethnic communities, a nation makes level, synchronous and anachronous and cannot out a type of sociality characterized by high mo- be determined a priori - it should be considered bility of individuals, their lack of attachment to as an overlap of the past historical development any social positions (more precisely, the possibil- of the socio-ethnic community, the existing so- ity of fixing them to some kind of only function- cio-political (and wider the whole social) organi- al, given that the functionality itself is changea- zation, and specifically communicative as organ- ble). The positions themselves can be considered izing integrity. reversible, which paradoxes‘ the communication Accordingly, in this system, it is possible to between the individuals who occupy them, distinguish three functionally distinct subsystems makes it tautological and uninterrupted. As a re- that can be considered as levels of ideal objects sult, a new type of individualization (personaliza- of national consciousness, the ordering, and con- tion) of the individual is formed, which has his- figuration of which in any system is historically torically been reflected in the concept of ―per- concrete, and therefore random and unique. The sonality‖. Figuratively speaking, this type of per- first is ethnic, in which two complex structured sonality is problematic for itself. Since the indi- elements can be distinguished: vidual is not fixed on any unambiguous social A. basic, with ethnic namely: territory (Father- position, and the latter is determined through land, Motherland), language (mother ton- functional correlation with each other, the indi- gue), stable forms of group consciousness vidual must organize the whole variety of his (ethnic mentality, ethnic stereotypes).

WISDOM 1(14), 2020 106 106 National Value System Impact on the Economy of Armenia

As for Armenia, which only gained inde- functions himself. Due to the fact that he suc- B. concrete-historical, from the point of view The typologization of national values, the pendence thirty years ago, it should be noted, ceeds in self-organization only by distinguishing of theory, random, but which constitutes elucidation of the specific mechanisms of their that a small state in the region, surrounded by his position from others, which is in principle, proper ethnic (national) history. It includes development, the forms of manifestation in each non-fraternal neighbour states, with a poor raw identical and equal to his position, this means the concrete historical manifestations of ethno- nation are tasks solved by the methods of specif- material base, can provide some economic stabil- need for a person to affirm himself in communi- consolidating and ethno-differentiating pro- ic social sciences. The task of social philosophy ity. However, we do not think that the factors cation by contrasting other individuality. But cesses. It should also include specific mani- in this area is to determine the directions of these listed in the economic progress of the Armenian even at the level of analysis of communication, it festations of the ethnos culture (literature, studies. Thus, typologization can be carried out people are the ones that hinder them. Here we turns out that for its possibility such affirmation religion, etc.), facts of history (heroes, according to the method of affirming the value, hypothesize, that the main reasons for the slow is not enough, it requires something in common memorable dates, etc.). The subsystem, as a according to the levels of subjectivity, according economic prosperity of the Armenian people are for opposed social positions. This results in the whole, is connected with the past, serves as to the selection of culturally and historically sig- hidden in the national value system, where there fact that the personality itself can be analyzed as the basis for development (social memory). nificant, according to the subjects within the na- are harmful components that, cause an economic a two-part type of individuality, including the The third subsystem - the idea of a nation, tion. The dynamics of values should be analyzed slowdown. Therefore, our comments on Arme- unique uniqueness affirmed in the acts of com- also manifests itself in two ways: as a value by as the dynamics of intergroup interaction and the nia‘s economic development opportunities will munication, and universality, which makes the which subjects are identified, and as an operator dynamics of group interests. be viewed in the article through the prism of the positions of communicants comparable (compa- in the political space, which ensures the legitimi- From the socio-philosophical point of view, national value system. rable), and theirs similar to each other. zation of private interest as a universal, pow- the main function of national values is recog- A nation is a value, politically-constructed, er/wealth, and, therefore, the orientation of the nized as the formation of ideal subjects of na- Research Results discursive type of socio-ethnic communities. The general action in the desired direction. This sub- tional consciousness at all levels. As a form of above allows us to formulate methodological system is associated with the future; with goal- consciousness, national values are distinguished The nation stands out among other types of provisions regarding the study of national values. setting (design), acting in the form of ideology. by complexity, synchronous and anachronous socio-ethnic communities as follows. Unlike The system of national values is complex, multi- Accordingly, social philosophy in the study variability and should be considered as the addi- other socio-ethnic communities, a nation makes level, synchronous and anachronous and cannot of national value should proceed from an analy- tion of time vectors: the past development of a out a type of sociality characterized by high mo- be determined a priori - it should be considered sis of the subject‘s social interest, determined by socio-ethnic community, a real socio-political bility of individuals, their lack of attachment to as an overlap of the past historical development his position in the system of social relations. The (and more broadly - the entire social) organiza- any social positions (more precisely, the possibil- of the socio-ethnic community, the existing so- study itself should be conducted according to the tion, and the future formed in discursive com- ity of fixing them to some kind of only function- cio-political (and wider the whole social) organi- following logical scheme: the subject‘s position munication organizing social integrity. The struc- al, given that the functionality itself is changea- zation, and specifically communicative as organ- in its interdependence on other positions; re- ture of national values includes three compo- ble). The positions themselves can be considered izing integrity. sources available to a social group necessary for nents. The first is ethnic, in which two complex reversible, which paradoxes‘ the communication Accordingly, in this system, it is possible to the formation of their subjectivity (in case of structured elements can be distinguished: ethno- between the individuals who occupy them, distinguish three functionally distinct subsystems their insufficiency, the definition of social groups forming and concrete historical. The second is makes it tautological and uninterrupted. As a re- that can be considered as levels of ideal objects dominating over it); the way she posits her sub- socio-organizational, which also includes two sult, a new type of individualization (personaliza- of national consciousness, the ordering, and con- jectivity (i.e., self-identification or identification elements: substantive, private-group and formal- tion) of the individual is formed, which has his- figuration of which in any system is historically with another subject); methods and resources of universal, political. The third is the idea of a na- torically been reflected in the concept of ―per- concrete, and therefore random and unique. The entering into communication systems in which tion, playing a dual role, namely: means of self- sonality‖. Figuratively speaking, this type of per- first is ethnic, in which two complex structured the affirmation of subjectivity takes place (and identification of social actors and the operator in sonality is problematic for itself. Since the indi- elements can be distinguished: the reverse is the impact of the communicative the political space. vidual is not fixed on any unambiguous social A. basic, with ethnic namely: territory (Father- system on the ability to access and mobilize re- Despite the multiplicity of the latter, people position, and the latter is determined through land, Motherland), language (mother ton- sources, restrictions on the methods used), the living in a single socio-cultural and political- functional correlation with each other, the indi- gue), stable forms of group consciousness subject‘s attitude to the social system as integrity cultural space need a certain set of common val- vidual must organize the whole variety of his (ethnic mentality, ethnic stereotypes). and its place to it. ues, norms, attitudes, etc. for all of them, which

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together provide the modus Vivendi of all mem- vidual lies in the fact that these values are gener- bers of society. This complex, which determines ally valid and socially significant for all repre- the content and orientation of public conscious- sentatives of the ethnos at the same time. Nation- ness, social and political-philosophical thought, al values make it possible to distinguish from the can be called a paradigm. The paradigm is un- totality of motives, needs, attitudes, orientations, derstood not as one or another socio-philosophi- assessments, and opinions of individuals some cal or other theory or stream of thought, but the common and generally significant elements, fundamental infrastructure of the picture of the which, firstly, are supported by an influential set social universe, which includes a set of funda- of representatives of a particular nation and, sec- mental ideas about society and the individual, ondly, are of great importance from the point of civil society and the state, sacred and secular, view of the survival of the nation itself. Eth- etc., constituting, as it was the substrate of the nocultural and national self-identification of the most important concepts, theories, and trends of individual, in turn, involves both the preservation a given historical period. Or, in other words, it and reproduction of important social relations, constitutes a worldview infrastructure that char- resources, ideas, attitudes characteristic of a par- acterizes space and time, nature and society, man ticular nation, and effective countermeasures in and the state, freedom, and slavery, good and response to destabilizing influences from the out- evil, etc. side and as well inside, ensuring the survival of One of the types of identification strategies the nation. The internal destabilizing factors in of an individual is ethnocultural and national their impact turn out to be much more destructive self-identification, the idea of the spiritual unity in their influence on national values, which is of an ethnic group based on national values. The primarily associated with the loss of a sense of identification potential of national values, capa- integrity and the loss of ethnos based foundations ble of forming an ethnicity in an individual, is of self-identification strategies of representatives concluded in the fact that national values record of one ethnos (Vildanov, 2014). the fact of the psychological and social identity The study shows that in general terms the of a certain ethnic group and its difference from national value system is presented as a set of ste- other similar communities and suggest the unity reotypes specific to a particular ethnic group, in of all members of a certain ethnic group, united which the customs and norms of cultural, spiritu- by common ideas, goals, and attitudes. In this al, and specific behavioural performance are mu- regard, national values are not only a combina- tually exclusive. In this respect, the Armenian tion of psyche traits, needs, interests, attitudes, people, who have a millennium-long history, value orientations, beliefs and ideals of a particu- have inherited a number of value-added compo- lar people, which ultimately determine the ethnic nents that can have both positive and negative character but also act as methods, techniques, effects on the country‘s national wealth for- and means of achieving goals, forming a specific mation, such as diligence, creativity, and rapid identification strategy and spiritual and moral perception of competitive entrepreneurship. Or, principles of all representatives of the nation. an opposite, a lack of perception of corporate The role of national values in the ethnocul- economic interest, a deficiency of entrepreneurial tural and national self-identification of the indi- collectivism, a shortage of awareness of the need

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together provide the modus Vivendi of all mem- vidual lies in the fact that these values are gener- for state-run economics, and so on (Tshuguryan nomic progress of one‘s homeland. bers of society. This complex, which determines ally valid and socially significant for all repre- & Khachatryan, 2019). Since independence, when the Armenians the content and orientation of public conscious- sentatives of the ethnos at the same time. Nation- The national value system of any nation is centuries-old dream of having a state finally ness, social and political-philosophical thought, al values make it possible to distinguish from the formed over a long historical period. The Arme- came true, the process of patriotic entrepreneur- can be called a paradigm. The paradigm is un- totality of motives, needs, attitudes, orientations, nian people had lost their statehood as early as ship in the Republic of Armenia has failed. The derstood not as one or another socio-philosophi- assessments, and opinions of individuals some the fifth century. Even now, that Armenia has exact opposite was done. On the one hand, in- cal or other theory or stream of thought, but the common and generally significant elements, gained independence, it is occasionally prefera- stead of helping the Republic of Armenia coun- fundamental infrastructure of the picture of the which, firstly, are supported by an influential set ble for an Armenian businessman to export capi- try prosper, Armenian businessmen stole the as- social universe, which includes a set of funda- of representatives of a particular nation and, sec- tal from his own country and start entrepreneur- sets accumulated over decades and privatized mental ideas about society and the individual, ondly, are of great importance from the point of ship abroad, as in some cases he may find it during independence, rather than promoting civil society and the state, sacred and secular, view of the survival of the nation itself. Eth- more profitable (Tshuguryan, 2018). Guided by them for active business development. On the etc., constituting, as it was the substrate of the nocultural and national self-identification of the the principle that ―capital recognizes comfort other hand, in those years, state officials simply most important concepts, theories, and trends of individual, in turn, involves both the preservation rather than the homeland‖, Armenian business- for the sake of self-interest simply wasted a sig- a given historical period. Or, in other words, it and reproduction of important social relations, men often contribute to the development of the nificant portion of grants and aid entering the constitutes a worldview infrastructure that char- resources, ideas, attitudes characteristic of a par- economy of foreign countries, bypassing the country, bypassing public interest and thus caus- acterizes space and time, nature and society, man ticular nation, and effective countermeasures in economic interests of the homeland. Not only is ing serious economic damage to the homeland. and the state, freedom, and slavery, good and response to destabilizing influences from the out- the capital of Armenian businessmen outflowing As a result, the capital accumulated in the coun- evil, etc. side and as well inside, ensuring the survival of from the homeland, but the capital of successful try began to feel more comfortable abroad, and One of the types of identification strategies the nation. The internal destabilizing factors in Diaspora Armenian businessmen is hardly in- the rate of emigration increased (Khachatryan, of an individual is ethnocultural and national their impact turn out to be much more destructive coming to Armenia. And the main reason is not 2018). Instead, significant inflows of internation- self-identification, the idea of the spiritual unity in their influence on national values, which is the lack of attractiveness of the country‘s inal credit entered the country, which began to of an ethnic group based on national values. The primarily associated with the loss of a sense of vestment environment, but the deficiency of serve not only the economic growth but only identification potential of national values, capa- integrity and the loss of ethnos based foundations state-owned economy rooted in the national val- short term macroeconomic stability, thereby in- ble of forming an ethnicity in an individual, is of self-identification strategies of representatives ue system of Armenians (Tshuguryan & Kha- creasing the external debt of the Republic of Ar- concluded in the fact that national values record of one ethnos (Vildanov, 2014). chatryan, 2019). menia year by year. Here too, the ―patriotic busi- the fact of the psychological and social identity The study shows that in general terms the In this case, the question arises; what will ness‖ did not manifest itself, since the authorities of a certain ethnic group and its difference from national value system is presented as a set of ste- fill that gap? (Acemoglu & Robinson, 2009) In preferred not to exert special efforts in the devel- other similar communities and suggest the unity reotypes specific to a particular ethnic group, in our opinion, the Armenian national system needs opment of the economy, but merely to ensure of all members of a certain ethnic group, united which the customs and norms of cultural, spiritu- a well-developed ―patriotic economy‖ settle- economic stability at the expense of external debt by common ideas, goals, and attitudes. In this al, and specific behavioural performance are mu- ment. The theory is not considered being the at the expiration of its term and a growing debt regard, national values are not only a combina- tually exclusive. In this respect, the Armenian term ―patriotic economy‖, but in general, it can burden, without worrying that this burden could tion of psyche traits, needs, interests, attitudes, people, who have a millennium-long history, be characterized as an economic process, target- be a serious obstacle to the future prosperity of value orientations, beliefs and ideals of a particu- have inherited a number of value-added compo- ed at the development of the homeland economy. the economy. lar people, which ultimately determine the ethnic nents that can have both positive and negative In our opinion, the key component of the On the other hand, the pursuit of the ―max- character but also act as methods, techniques, effects on the country‘s national wealth for- patriotic economy is the public‘s awareness of imum profit of his majesty‖ pushes Armenian and means of achieving goals, forming a specific mation, such as diligence, creativity, and rapid the nation‘s interest and its dedication. In this businessmen further away from ―patriotic busi- identification strategy and spiritual and moral perception of competitive entrepreneurship. Or, case, it is already in the subconscious mind of ness‖ (Tshuguryan & Khachatryan, 2019). In our principles of all representatives of the nation. an opposite, a lack of perception of corporate every citizen, apart from the personal interest, to reality, at least today, the slogan ―You must not The role of national values in the ethnocul- economic interest, a deficiency of entrepreneurial serve the interests of the public economy, which import what can be produced domestically‖ tural and national self-identification of the indi- collectivism, a shortage of awareness of the need is a powerful and stimulating factor in the eco- should be considered more relevant today, which

WISDOM 1(14), 2020 108 109 109 Nonna KHACHATRYAN, Hrachya SARGSYAN

currently largely bypasses the activities of Ar- private and group interests. In this situation, natu- menian entrepreneurs. Having large financial rally, there is no avoidance of entrepreneurial funds, they focus more on importing products cohesion, which adversely affects not only pri- that are in high market demand than on produc- vate business but also the economic growth of ing them in the homeland, as the latter is less the country. profitable. Thus, national capital serves the eco- Having been without statehood for centu- nomic interests of foreigners and does not serve ries, the manifestations of the Armenian national the development of the real economic sector of system of values sidestepped by public economic the homeland and the formation of the country‘s interests, and the weakening of the state-run national wealth (Soghomonyan, 2013). economy. In this respect, we attach great impor- In our opinion, the classification of the im- tance to the revision of the Armenian national pacts of the components of the national value value system and the start of the process of self- system on the economy of the Republic of Ar- purification of the negative components in- menia can be implemented in two directions: volved, which must first of all be reflected in the positive and negative. Components of the posi- upbringing of the individuals. tive impact include the hard work of the Armeni- Researchers believe that today we are wit- an people, the high level of creativity in com- nessing a serious crisis of the world order, which merce, the flexibility to cope with change, the has developed mainly after the second world high degree of resistance to economic stresses, war. This crisis is exacerbated by a fall in world and the emphasis on adaptation to the struggle authority, elites, level of trust in the authorities for business survival. Components of negative and the main public institutions (Vardanyan & impacts may include mono-entrepreneurial aspi- Alekyan, 2018). Given this challenge, we believe rations, weak state-run governance orientation, that the above-described components of the busi- rejection of participatory governance principles, ness behaviour of the Armenian people should avoidance of entrepreneurial cohesion. be re-evaluated. Experience shows that the Armenian entrepreneurs generally rejecting participatory man- Conclusion agement approaches and seeks mono-management ways (Khachatryan, 2018). Armenians, as a The centuries-old national value system has rule, in a business environment trying to govern had a significant impact on the economic devel- separately and are unwilling to agree to partici- opment of the country. In this regard, we consid- pate in corporate governance. This problem aris- er it necessary to identify and assess the specific es mainly because Armenians in the business national behavioural risks that may have a nega- sector are reluctant to be included in the partici- tive impact on economic development processes. patory management system and generally do not Consequently, we consider it necessary to inter- accept compromise options when confronted pret not only business education but also the ed- with conflicts of interest. However, it is well- ucation of the individual related to the risk fac- known that the current entrepreneurial sector be- tors arising from the national value system, comes more competitive when it comes to corpo- which by their nature impede the economic pros- rate governance when there is harmony between perity of the country. In our opinion, the risks to

WISDOM 1(14), 2020 110 110 National Value System Impact on the Economy of Armenia

currently largely bypasses the activities of Ar- private and group interests. In this situation, natu- the negative impact of the Armenian people‘s kurs.am/2013/08/109/. menian entrepreneurs. Having large financial rally, there is no avoidance of entrepreneurial national value system are mono-entrepreneurial Tshuguryan, A., & Khachatryan, N. (2019). Eco- funds, they focus more on importing products cohesion, which adversely affects not only pri- aspirations, weak state-run governance, circum- nomy Development and National Val- that are in high market demand than on produc- vate business but also the economic growth of vention of the principles of patriotism, rejection ue Interdependence. Journal Hyusisa- ing them in the homeland, as the latter is less the country. of participatory governance principles, avoidance payl (in Armenia), 5, 41-47. profitable. Thus, national capital serves the eco- Having been without statehood for centu- of entrepreneurial cohesion, which can signifi- Tshuguryan, A., (2018, September 19). Tavshya nomic interests of foreigners and does not serve ries, the manifestations of the Armenian national cantly impact the country‘s economic growth. heghapoxut‘yuny‘ ev kapitali p‘axusty the development of the real economic sector of system of values sidestepped by public economic (Velvet Revolution and Capital Escape, the homeland and the formation of the country‘s interests, and the weakening of the state-run REFERENCES in Armenian). Aravot. Retrieved from: national wealth (Soghomonyan, 2013). economy. In this respect, we attach great impor- https://www.aravot.am/2018/09/19/981 In our opinion, the classification of the im- tance to the revision of the Armenian national Acemoglu, D., & Robinson, J. (2009). Persis- 457/. pacts of the components of the national value value system and the start of the process of self- tence of Power, Elites and Institutions. Vardanyan, R., & Alekyan N. (2018). At The system on the economy of the Republic of Ar- purification of the negative components in- American Economic Review, 98(1), Crossroads: Armenia 2041 Project. Re- menia can be implemented in two directions: volved, which must first of all be reflected in the 121-124. trieved March 26, 2019 from: positive and negative. Components of the posi- upbringing of the individuals. Khachatryan, N. (2018). Kapitali paxusty‘ pat- https://www.reddit.com/r/armenia/com tive impact include the hard work of the Armeni- Researchers believe that today we are wit- makan y‘nt‘aqy‘ ev dra kanxargelman ments/bwtec6/at_the_crossroads_arme an people, the high level of creativity in com- nessing a serious crisis of the world order, which ughinery Hayastani Hanrapetut‘yunum nia_2041_project_a/. merce, the flexibility to cope with change, the has developed mainly after the second world (The Historical Process of Capital Es- Vildanov, H. S. (2014). Natsional‘nye tsennosti v high degree of resistance to economic stresses, war. This crisis is exacerbated by a fall in world cape and the Prevention Ways in the strukture etnokul‘turnoi i natsional‘noi and the emphasis on adaptation to the struggle authority, elites, level of trust in the authorities Republic of Armenia, in Armenian). samoidentifikatsii individa (National for business survival. Components of negative and the main public institutions (Vardanyan & Journal, History and Politics, 1(2), Values in the Structure of Ethno Cul- impacts may include mono-entrepreneurial aspi- Alekyan, 2018). Given this challenge, we believe 147-152. tural and National Identity of the Indi- rations, weak state-run governance orientation, that the above-described components of the busi- Soghomonyan, V. (2013). Haykakan inqnut‘- vidual, in Russian). The Journal, Basic rejection of participatory governance principles, ness behaviour of the Armenian people should yunn u evropakan arjhehamakargy‘ Research, 9, Retrieved March 26, 2019 avoidance of entrepreneurial cohesion. be re-evaluated. (Armenian Identity and the European from: http://www.fundamental-research Experience shows that the Armenian entre- System of Values, in Armenian). Re- .ru/ru/article/view?id=34672. preneurs generally rejecting participatory man- Conclusion trieved March 26, 2019 from: http://dis agement approaches and seeks mono-management ways (Khachatryan, 2018). Armenians, as a The centuries-old national value system has rule, in a business environment trying to govern had a significant impact on the economic devel- separately and are unwilling to agree to partici- opment of the country. In this regard, we consid- pate in corporate governance. This problem aris- er it necessary to identify and assess the specific es mainly because Armenians in the business national behavioural risks that may have a nega- sector are reluctant to be included in the partici- tive impact on economic development processes. patory management system and generally do not Consequently, we consider it necessary to inter- accept compromise options when confronted pret not only business education but also the ed- with conflicts of interest. However, it is well- ucation of the individual related to the risk fac- known that the current entrepreneurial sector be- tors arising from the national value system, comes more competitive when it comes to corpo- which by their nature impede the economic pros- rate governance when there is harmony between perity of the country. In our opinion, the risks to

WISDOM 1(14), 2020 110 111 111 Irina UTIUZH, Natalia SPYTSIA, Alla SINITSYNA, Natella PAVLENKO

DOI: 10.24234/wisdom.v14i1.315 Irina UTIUZH, Natalia SPYTSIA, Alla SINITSYNA, Natella PAVLENKO

SCIENTIFIC AND EDUCATIONAL TECHNOLOGIES IN HUMAN CAPITAL FORMATION

Abstract

The article deals with a constructive role of socio-humanitarian and philosophical knowledge in the system of natural science structures. It is proved that the relevance of socio-humanities and philosophy is a response to the challenges of the modern technology-based civilization, where exact and natural sciences call for the revival of a philosophic component in the education system and science. In the article, the main cause-and-effect relations that have resulted in modern societies in demand for revival of philosophic and socio-humanitarian knowledge in science and education are revealed. A new paradigm for the development of philosophic and socio-humanitarian knowledge is presented. The authors present the implementation results of new interdisciplinary dialogue in the system of socio-humanities and natural sciences within the Zaporizhzhia State Medical University (Ukraine), where the Department of Social Studies has adapted and implemented a number of projects in this area. One of which is the School for Young Lecturers – project in the framework of practice-oriented education. The article emphasizes that the return of social science to the higher education system and its role in science must be considered as a complex, multi-level process that should be studied and comprehended for its optimal implementation.

Keywords: socio-humanitarian knowledge, paradigm, interdisciplinary, transdisciplinary, synthetic methodology.

Introduction processes being launched. More and more works regarding the prob- The modern world is rapidly changing, but lem of changing the vector of attitude to humani- sometimes being unpredictable in its develop- tarian knowledge in the scientific community ment and therefore, dangerous. Modern technol- have appeared in recent decades. However, most ogies allow us to make large-scale discoveries of them are general, sometimes rhetorical. Phi- (for example, in the use of biotechnologies), losophers have always talked about this problem, transform the world around us, but, unfortunate- as, for example, John Horgan (1997) mentioned ly, do not permit us to foresee not only distant in his interviews. We would like to refer to sev- outcomes but also immediate consequences of eral works that are of particular value for our

WISDOM 1(14), 2020 112 112 Scientific and Educational Technologies in Human Capital Formation

DOI: 10.24234/wisdom.v14i1.315 study. One of the most interesting and productive the future. Not without reason, according to Irina UTIUZH, researchers for us is Mikhail Epstein (2001, UNESCO, the 21st century should become the Natalia SPYTSIA, 2004, 2016, 2017, 2019). He is the author of ―Age of Education‖. Education and science con- Alla SINITSYNA, many works in which the problem of a new par- stitute the core of the major resources of the new Natella PAVLENKO adigm of knowledge, the importance of the so- civilization development stage based on high- cial and humanitarian sciences and the synthetic tech technologies (bio-, nano-, info-, electro- SCIENTIFIC AND EDUCATIONAL TECHNOLOGIES methodology of the future science is touched chemistry, etc.). The process of constructing the IN HUMAN CAPITAL FORMATION upon. Besides, it is worth noting the works of I. image of the future sets the essence of develop- Kasavin (2016), V. Tretko (2013), S. Chechotina ment, where the leading role belongs to the man, Abstract (2013), Yu. Lotman (2001) and, especially, V. creator with adequate moral beliefs, value orien- Porus (2019). tations and creative abilities. The article deals with a constructive role of socio-humanitarian and philosophical knowledge in the Today‘s economy is being transformed, de- system of natural science structures. It is proved that the relevance of socio-humanities and philosophy is a * * * veloped into an ―intellectual‖ economy. response to the challenges of the modern technology-based civilization, where exact and natural sciences Creative, innovative activity, creative abili- call for the revival of a philosophic component in the education system and science. In the article, the main These are the consequences of the positivist ties of the individual characterized by the ability cause-and-effect relations that have resulted in modern societies in demand for revival of philosophic and paradigm ―reign‖ in both science and education. to produce fundamentally new ideas – all these socio-humanitarian knowledge in science and education are revealed. A new paradigm for the develop- It is positivism that within a long period of time characterize the concept of creativity. The ability ment of philosophic and socio-humanitarian knowledge is presented. conveyed A. Comte`s (2011) idea that any extra- to create something new also allows being aware The authors present the implementation results of new interdisciplinary dialogue in the system of so- scientific knowledge can affect the development of the new in existence, to comprehend and feel cio-humanities and natural sciences within the Zaporizhzhia State Medical University (Ukraine), where of scientific knowledge rather in terms of quanti- it. Divergent thinking is one of the most im- the Department of Social Studies has adapted and implemented a number of projects in this area. One of ty than in terms of quality – it can accelerate or portant indicators of modern human wealth. which is the School for Young Lecturers – project in the framework of practice-oriented education. slacken scientific process (p. 57). However, at True human wealth is the ability to create, The article emphasizes that the return of social science to the higher education system and its role in the level of philosophical analysis, G. Hegel desire to create something new and improve the science must be considered as a complex, multi-level process that should be studied and comprehended showed that any knowledge is based on the pre- existing one, or simply create the same thing in a for its optimal implementation. existing culture, history of dialectical relations different way. It should be noted that for this between the subject and the object. This dramati- purpose, it is necessary to comprehend the es- Keywords: socio-humanitarian knowledge, paradigm, interdisciplinary, transdisciplinary, synthetic cally changes the essential meaning of science sence of the activity object. methodology. and knowledge in general, and any knowledge is In the process of activity, the main thing for historical and culturally determined, that is any a creative person is not only to create something knowledge is affected by social factors. There- new, but also to show his creativity, feel this as- Introduction processes being launched. fore, the problems of cognitive communication piration and implement it. A modern man needs More and more works regarding the prob- should be further comprehended in the paradigm to create something new and be able to adequate- of ―social philosophy of science‖ (Kasavin, ly evaluate his activities in order to make sure The modern world is rapidly changing, but lem of changing the vector of attitude to humani- sometimes being unpredictable in its develop- tarian knowledge in the scientific community 2016, p. 222). According to I. Kasavin (2016), in that his actions are creative. In fact, a creative ment and therefore, dangerous. Modern technol- have appeared in recent decades. However, most the dynamics of the future, a man should become person has a vital need for creation. However, as ogies allow us to make large-scale discoveries of them are general, sometimes rhetorical. Phi- part of the single system of the modern world (p. a subject of activity, with this view, he needs to (for example, in the use of biotechnologies), losophers have always talked about this problem, 222). Post-modern man is given a constructivist possess necessary skills and knowledge, which transform the world around us, but, unfortunate- as, for example, John Horgan (1997) mentioned role. The main principle of constructivism is the are characterized by the concept of human capi- ly, do not permit us to foresee not only distant in his interviews. We would like to refer to sev- principle of world cognition by building models, tal. outcomes but also immediate consequences of eral works that are of particular value for our where science and education are the essence of In this article, we aim to reveal the main

WISDOM 1(14), 2020 112 113 113 Irina UTIUZH, Natalia SPYTSIA, Alla SINITSYNA, Natella PAVLENKO

cause-and-effect relations that have resulted in ciplines presented to the world as a symbiosis of modern societies in demand for revival of philo- two or more sciences have long been introduced sophic and socio-humanitarian knowledge in sci- into university programs. However, this process ence and education. We will make an attempt to continues and creates new opportunities for predict the form of socio-humanities in the near combination, the synergy of knowledge obtained future in the framework of modern education, in in different areas. particular, focusing on higher medical education. Another question arises – who is the con- In the mid-90s of the last century, John ductor of this amazing orchestra of new interdis- Horgan‘s work ―The End of Science‖ was pub- ciplinary areas, which can form and direct these lished, where the author reflects on the fact that new structures in a most productive way? science in its ―pure form‖ can no longer exist There is an attempt to answer these ques- since all the most important things have already tions made in the writings by Mikhail Epstein, been discovered. There appears an idea that to who claims that projectivity is experiencing a support scientific progress, more and more effort rapid rise. What is most interesting is that the and resources will be necessary, human re- things previously considered to be the unchang- sources are limited and not able to infinitely satu- ing reality often become projects. rate science; therefore, progress cannot last infi- ―Scientists believe that their ―birth‖, or ra- nitely. ―When the questions arise, which science ther a synthesis, will help create a unified theory cannot answer, ambitious scientists pursue sci- of physical forces and interactions. Thus, the ence in a non-empirical mode that I call ironic ―objective‖ theory turns into the ―projective‖ science, even after empirical science – science one, that is, it is assumed that the theory should that answers questions – comes to an end‖ (Hor- be completed by further practice‖ (Epstein, 2016, gan, 1997, p. 51). p. 110). We will not insist on this standpoint since Therefore, social and humanitarian scienc- the problem can hardly be resolved and is purely es, as well as philosophy, are currently the ―me- hypothetical, but it is possible to assume that thodological regulatory framework for develop- there is some truth in this idea. If the basic laws ment‖ of modern society. The philosophical cul- of the universe are already known to mankind, ture of the individual is formed and developed the logical question arises – what is next? Most through analysis, criticism of the ideals and likely, there comes time when the ―puzzles‖ of norms of the culture of thinking being shaped in scientific knowledge are collected many times everyday life. again, creating, like a kaleidoscope, new pictures The preservation of socio-humanitarian and of the world, new approaches and, accordingly, philosophical disciplines in the educational dis- new disciplines. ―No matter how far empirical course is an opportunity to form a human world- science can go, our imagination is always able to view as an ontological factor that guides man. go further‖ (Horgan, 1997, p. 51). Modern education has not only received a Everyone, who has had anything to do with large number of new technological tools, which science over the past (at least) 50 years, has been we should learn to use efficiently, has also be- discussing, participating in and creating interdis- come a political, remedial and social technology. ciplinary contexts of scientific knowledge. Dis- Professors of Humanities should take this fact

WISDOM 1(14), 2020 114 114 Scientific and Educational Technologies in Human Capital Formation

cause-and-effect relations that have resulted in ciplines presented to the world as a symbiosis of into account and use new technologies to avoid grounded on a general scientific methodology, modern societies in demand for revival of philo- two or more sciences have long been introduced the catastrophe of global dehumanization. If so- which is based on the mechanisms of knowledge sophic and socio-humanitarian knowledge in sci- into university programs. However, this process cial and humanitarian disciplines have an oppor- integration, interdisciplinarity, transdisciplinarity ence and education. We will make an attempt to continues and creates new opportunities for tunity to profit from impersonal technologies, we and polydisciplinarity. We assume that it is ex- predict the form of socio-humanities in the near combination, the synergy of knowledge obtained should use this opportunity to turn from passive pedient to consider the main concepts that define future in the framework of modern education, in in different areas. observers and researchers into active creators of new trends in the development of modern educa- particular, focusing on higher medical education. Another question arises – who is the con- a new reality, with the man being the core of it. tion and science. In the mid-90s of the last century, John ductor of this amazing orchestra of new interdis- The ―philosophy of synthesis‖ project pro- According to Vitalii Tretko (2013), a Ukrai- Horgan‘s work ―The End of Science‖ was pub- ciplinary areas, which can form and direct these posed by M. Epstein is so relevant that it enables nian researcher, ―Interdisciplinarity‖ is used in lished, where the author reflects on the fact that new structures in a most productive way? granting a new innovative status to philosophy different meanings; ―polydisciplinarity‖ and science in its ―pure form‖ can no longer exist There is an attempt to answer these ques- and many socio-humanities, delivering them ―transdisciplinarity‖ are synonyms to this con- since all the most important things have already tions made in the writings by Mikhail Epstein, from useless tautology and translation of outdat- cept with some differences in interpretations (p. been discovered. There appears an idea that to who claims that projectivity is experiencing a ed or subjective political views. According to the 96). Polydisciplinarity means the study of a cer- support scientific progress, more and more effort rapid rise. What is most interesting is that the author, to this end, it is necessary to reprogram tain complex object jointly by different disci- and resources will be necessary, human re- things previously considered to be the unchang- the methodological settings of both philosophy plines (for example, the study of man by psy- sources are limited and not able to infinitely satu- ing reality often become projects. and socio-humanitarian knowledge. chology, genetics, sociology, etc.). Here, a possi- rate science; therefore, progress cannot last infi- ―Scientists believe that their ―birth‖, or ra- In his article ―Philosophy as a Dream of the bility of dialogue between sciences is only out- nitely. ―When the questions arise, which science ther a synthesis, will help create a unified theory Future‖, professor V. Porus expressed some in- lined, with each science having its own subject cannot answer, ambitious scientists pursue sci- of physical forces and interactions. Thus, the teresting thoughts on this issue with regard to of research. Transdisciplinarity means that re- ence in a non-empirical mode that I call ironic ―objective‖ theory turns into the ―projective‖ redirecting the methodological setting of philos- search goes beyond disciplinary limits, and re- science, even after empirical science – science one, that is, it is assumed that the theory should ophy – ―from analysis to synthesis‖. The author search schemes are transferred from one branch that answers questions – comes to an end‖ (Hor- be completed by further practice‖ (Epstein, 2016, points out that the method of synthesis admits a to another. Transdisciplinary research is a col- gan, 1997, p. 51). p. 110). lot of interpretations: from the synthesis of no- laborative research project for several distinct We will not insist on this standpoint since Therefore, social and humanitarian scienc- tions to synthesis of philosophical and scientific branches of scientific knowledge. Interdiscipli- the problem can hardly be resolved and is purely es, as well as philosophy, are currently the ―me- concepts occurring in the interdisciplinary study nary interaction involves communication, in hypothetical, but it is possible to assume that thodological regulatory framework for develop- of complex, multi-factor processes (Porus, 2019, which each discipline is both autonomous and there is some truth in this idea. If the basic laws ment‖ of modern society. The philosophical cul- p. 82). open. It is necessary that every scientific disci- of the universe are already known to mankind, ture of the individual is formed and developed The issue of synthetic methodology creation pline included in poly- and transdisciplinary the logical question arises – what is next? Most through analysis, criticism of the ideals and that is extremely necessary for the science of our complex should be both open and closed. ―It likely, there comes time when the ―puzzles‖ of norms of the culture of thinking being shaped in time is quite relevant, since it enables collection should be open to new cognitive schemes trans- scientific knowledge are collected many times everyday life. and combination of basic components in a new ferred from related and more distant scientific again, creating, like a kaleidoscope, new pictures The preservation of socio-humanitarian and way and, in principle, is the only possible way to disciplines, which have a heuristic significance of the world, new approaches and, accordingly, philosophical disciplines in the educational dis- study what can/could happen. According to M. for it; it should be ready to cooperate with other new disciplines. ―No matter how far empirical course is an opportunity to form a human world- Epstein, it is synthetic disciplines that represent scientific disciplines in order to implement joint science can go, our imagination is always able to view as an ontological factor that guides man. not even the immediate future but the concrete research projects. However, a scientific disci- go further‖ (Horgan, 1997, p. 51). Modern education has not only received a present of our science. Scientific community pline should be closed, as it seeks to preserve its Everyone, who has had anything to do with large number of new technological tools, which seeks to move from the knowledge of what has specific subject and research perspective, devel- science over the past (at least) 50 years, has been we should learn to use efficiently, has also be- already happened to the knowledge of what has op progressive and most advanced research discussing, participating in and creating interdis- come a political, remedial and social technology. not yet occurred (Porus, 2019, p. 85). According- methods and strategies‖ (Tretko, 2013, p. 96). ciplinary contexts of scientific knowledge. Dis- Professors of Humanities should take this fact ly, the research in synthetic sciences can be The term ―integration‖ (from Latin integ-

WISDOM 1(14), 2020 114 115 115 Irina UTIUZH, Natalia SPYTSIA, Alla SINITSYNA, Natella PAVLENKO

rum – complete, integratio – renewal) means ment and immortality has always been of great combining, interpenetration. This is the process importance and among most desirable for man. of combining elements (parts) into a single In addition, as stated by J. Horgan (1997, p. 22), whole, the process of mutual approach and for- provided that in the near future science is only mation of relationships. Interdisciplinary integra- developing in the areas where it makes real mate- tion is a targeted strengthening of interdiscipli- rial profits (that is the reason for investment allo- nary links in order to maintain the theoretical and cation in research), the field of medicine will practical integrity of academic disciplines (Che- never suffer from a lack of funding. People have chotina, 2013, p. 86). always been willing to give all their treasures to It is important to determine the field, in prolong youth, beauty and health. Therefore, it is which the most exciting scientific ―battles‖ will so important for the medicine to educate scien- take place in the near future. We are convinced tists who are able to think critically, approach that this area will be directly and indirectly relat- issues in a non-standard and creative way and ed to medicine. It is here, in the sciences about invent something new. the man and for the man, technology and new Thus, it is obvious that the social and cogni- scientific discoveries will find their new applica- tive role of both philosophy and all socio-huma- tion domain. Thus, it is medicine where the role nitarianism is changing. In modern conditions, of the socio-humanitarian and philosophical philosophy follows science, art, politics, religion components is rather significant. and everyday experience. The socio-philosophic On this ―battlefield‖, we can see that the understanding of the modern science nature, in events related to technization of the man and an- particular medicine, contrasts with the economic thropologization of the machine are already de- dimension image of the scientific and technical veloping. Therefore, it is crucial to consider pos- complex, in which fundamental knowledge is sible points of contact between socio-humani- devalued, and the role of the instrumental science tarian and philosophical knowledge in medicine product as a commodity is absolutized. This rais- that is actively working on the creation of a es the question of the possibility and necessity of trans-humanized being, which means that it cre- a new social philosophy of science, a new disci- ates a superhuman, realizes the human desire for pline – philosophy of medicine. Thus, the na- self-creation. tional tradition in teaching philosophy should be Why are socio-humanitarian and philosoph- restructured. ical components so important in higher medical There are some interesting ideas in this re- education? Let us thoroughly examine the situa- gard presented by professor V. Porus. He de- tion. clares, ―it is time for Philosophy to leave behind The ability to invent and create new things the ―remedial‖ functions of clearing the language is named among the most important skills of of science from metaphysical remnants and lin- humanity, especially active this ability is realized guistic traps, which is what ―analytical philoso- in the 20 and the 21st centuries, and, of course, phy‖ is intended for (Porus, 2019, p. 85); actual- medicine is the sphere where something new will ly, it is not philosophy, but that is why it persis- be created all the time. This is caused by the fact tently pretends to be one. Such mimicry was jus- that aspiration for self-creation, self-improve- tified a hundred years ago when the struggle

WISDOM 1(14), 2020 116 116 Scientific and Educational Technologies in Human Capital Formation

rum – complete, integratio – renewal) means ment and immortality has always been of great against metaphysics under the banner of ―scien- What exactly should be taken into account combining, interpenetration. This is the process importance and among most desirable for man. tific philosophy‖ was under way. Having built up in higher education in the first place in order to of combining elements (parts) into a single In addition, as stated by J. Horgan (1997, p. 22), their muscles in this struggle, the institutions of meet the basic needs of the future? Here, we whole, the process of mutual approach and for- provided that in the near future science is only ―analytical philosophy‖ have gradually acquired should consider several points on the example of mation of relationships. Interdisciplinary integra- developing in the areas where it makes real mate- such impressive dimensions that they are current- higher medical education, namely, education at tion is a targeted strengthening of interdiscipli- rial profits (that is the reason for investment allo- ly said to be ―predominant‖ in the modern philo- the Zaporizhzhia State Medical University nary links in order to maintain the theoretical and cation in research), the field of medicine will sophical world. Although there seems to be no (ZSMU). It is appropriate to reveal the two main practical integrity of academic disciplines (Che- never suffer from a lack of funding. People have one to fight against, and since the old metaphys- areas through which ZSMU is actively involved chotina, 2013, p. 86). always been willing to give all their treasures to ics is still seen only in historical and philosophi- in the global network of higher medical educa- It is important to determine the field, in prolong youth, beauty and health. Therefore, it is cal obituaries, these institutions preserve their tion players, who are learning to quickly and which the most exciting scientific ―battles‖ will so important for the medicine to educate scien- fighting spirit and are ready to fight against productively respond to the challenges of today. take place in the near future. We are convinced tists who are able to think critically, approach windmills. Taking care of ammunition, philo- We are not only moving from one paradigm of that this area will be directly and indirectly relat- issues in a non-standard and creative way and sophical analytics surrounds itself with special university development to another, we are also ed to medicine. It is here, in the sciences about invent something new. filters and scientific criteria. ―Its texts are full of observing a large diversification of university the man and for the man, technology and new Thus, it is obvious that the social and cogni- references to logical-mathematical and logical- models and must create this new reality together. scientific discoveries will find their new applica- tive role of both philosophy and all socio-huma- semantic results, which provides them with cer- Part of this new educational reality, the authors tion domain. Thus, it is medicine where the role nitarianism is changing. In modern conditions, tain respectability and inspires confidence – in of which are a creative tandem of university of the socio-humanitarian and philosophical philosophy follows science, art, politics, religion contrast to speculations, which make people, management and lecturers of Humanities de- components is rather significant. and everyday experience. The socio-philosophic who are trained to ―do things‖ rather than chase partments, consists of, firstly, online courses that On this ―battlefield‖, we can see that the understanding of the modern science nature, in after some philosophical wind, sick and tired. A ensure implementation of new educational pro- events related to technization of the man and an- particular medicine, contrasts with the economic masquerade can last long, but not forever. Even jects of the global educational space, which are thropologization of the machine are already de- dimension image of the scientific and technical today, it is clear that analytical studies do not essential for a modern higher education institu- veloping. Therefore, it is crucial to consider pos- complex, in which fundamental knowledge is have a noticeable impact on processes in science tion; and, secondly, practice-oriented education, sible points of contact between socio-humani- devalued, and the role of the instrumental science (both in natural science and humanities) as well adult education. tarian and philosophical knowledge in medicine product as a commodity is absolutized. This rais- as on the ―rest‖ of cultural life. Rare exceptions The problem of training specialists, who are that is actively working on the creation of a es the question of the possibility and necessity of prove the rule‖ (Porus, 2019, p. 87). ready to develop the synthetic methodology and trans-humanized being, which means that it cre- a new social philosophy of science, a new disci- It is not possible to disagree with these create inter-, trans-, meta-paradigm disciplinari- ates a superhuman, realizes the human desire for pline – philosophy of medicine. Thus, the na- thoughts. Hegel (1932) wrote that the owl of Mi- ty, is a separate issue. Like nuggets, this kind of self-creation. tional tradition in teaching philosophy should be nerva flies only at dusk, but dusk is not eternal, specialists cannot often appear in the background Why are socio-humanitarian and philosoph- restructured. there is a hope for dawn to come: having ―woken of the old scientific paradigm. They need to be ical components so important in higher medical There are some interesting ideas in this re- up‖ in the morning, humans will draw conclu- educated in comfortable conditions and taught education? Let us thoroughly examine the situa- gard presented by professor V. Porus. He de- sions and ―learn from errors‖ (p. 103). However, the basic principles of nonlinearity. ―You need to tion. clares, ―it is time for Philosophy to leave behind under modern terms of ―death of the social‖, know a lot about the things that exist in order to The ability to invent and create new things the ―remedial‖ functions of clearing the language ―simulation will only be defeated by simulation‖ create something unprecedented. At the same is named among the most important skills of of science from metaphysical remnants and lin- (Baudrillard, 1983, p. 78); therefore, we need to time, you need to create something unprecedent- humanity, especially active this ability is realized guistic traps, which is what ―analytical philoso- act immediately. In a particular case, it is neces- ed in order to better understand the things that in the 20 and the 21st centuries, and, of course, phy‖ is intended for (Porus, 2019, p. 85); actual- sary to help philosophy out of the marginality exist‖ (Epstein, 2016, p. 112). Computer simula- medicine is the sphere where something new will ly, it is not philosophy, but that is why it persis- and adapt it to the conditions of Medical Univer- tions are actively used in medical education and be created all the time. This is caused by the fact tently pretends to be one. Such mimicry was jus- sity within the framework of the interdisciplinary science, creating new models of reality that re- that aspiration for self-creation, self-improve- tified a hundred years ago when the struggle paradigm. quire researchers seeking new regularities.

WISDOM 1(14), 2020 116 117 117 Irina UTIUZH, Natalia SPYTSIA, Alla SINITSYNA, Natella PAVLENKO

―Nowadays, due to innovative technologies, we Lecturers project. The Department of Social Stu- are leaving the universe for the multiverse – the dies and the Department of Cultural Studies and era of multi-dimensionality, when virtual uni- Ukrainian Studies were entrusted with the task of verses begin to multiply, gaining more and more realization and implementation of this project, material authenticity‖ (Epstein, 2016, p. 112). from the development of a unique (in the system With the view of this, the system of postgraduate of higher medical education) program to holding medical education, which trains Doctors of Phi- masterclasses in the framework of meetings with losophy, is developing new programs which en- colleagues. able moving away from the ordinary education In order to form the pedagogical skills of paradigm. Professors of philosophy are responsi- young teachers, exclusively applied materials ble for creating a new type of scientist able to were selected: from a social and philosophical abandon the clichés and standard constructs of discourse to a psychological and pedagogical science. one. All the materials and the entire project aim To satisfy the demands, the Zaporizhzhia to create new ―social skills‖, which are also re- State Medical University introduced the institute ferred to as ―soft skills‖ (―social skills‖, ―univer- of mentoring under the School for Young Lec- sal skills‖ or ―success skills‖). ―Soft skills‖ is a turers project in the framework of practice- complex of non-specialized, highly professional oriented education, rightfully declaring that this skills vital for successful participation in work is the only project in the Ukrainian higher medi- performance and high productivity. They allow cal education (in the context of a general reduc- post-graduate students to perform efficiently at tion in humanitarian education and deprivation of their workplace. Soft skills include communica- its humanistic component, our University pays tion skills, leadership, abilities to take responsi- great attention to the training of talented lectur- bility and work under pressure, settle conflicts, ers). work in a team, manage their time, understand University young scientists are in the centre the importance of deadlines, think logically and of events, ready to work in modern, often para- systematically as well as creativity, etc. doxical conditions: a lack of time and money, an Therefore, the following methodological abundance of information, etc. There is no doubt forms were used: training, business games, case that in Ukrainian universities there are disciplines studies. The lectures and workshops provide the that provide post-graduate students with a com- necessary information in three modules, which mon understanding of pedagogical activities, but include specific topics namely: 1) Logical and they become aware of the need for such Philosophical Workshop on Rhetorical and knowledge only on entering a lecture hall (from Communication Competence; 2) Psychological- the preparation of lectures and practical training pedagogical and Methodological Training of to conflict situations emerging in the classroom). Young Lecturers; 3) Conflictology in Modern This is when there is a vital need for help, obtain- Higher Education. Development of Creative ing necessary information fast and, in general, Thinking. We should note the following classes support and advice from their mentor. This ob- among those included in the above-mentioned jective reality resulted in a progressive manage- training modules: ―Logical Foundations of Ar- ment decision to introduce the School for Young gumentation‖, ―Features and Techniques of Ora-

WISDOM 1(14), 2020 118 118 Scientific and Educational Technologies in Human Capital Formation

―Nowadays, due to innovative technologies, we Lecturers project. The Department of Social Stu- tory. Rhetorical Devices for Speakers‖, ―Forms ence and education. The preservation of the so- are leaving the universe for the multiverse – the dies and the Department of Cultural Studies and of Speech Communication (dialogue, mono- cio-humanitarian, philosophical disciplines in the era of multi-dimensionality, when virtual uni- Ukrainian Studies were entrusted with the task of logue). Dispute as a Type of Speech Communi- educational discourse allows us to form an ade- verses begin to multiply, gaining more and more realization and implementation of this project, cation. Strategy and Tactics of Argumentation‖. quate worldview that will correspond to the spe- material authenticity‖ (Epstein, 2016, p. 112). from the development of a unique (in the system Practical training sessions in the determination of cific cultural and historical system in which the With the view of this, the system of postgraduate of higher medical education) program to holding the psychological and typological communica- person is located. Besides, modern education has medical education, which trains Doctors of Phi- masterclasses in the framework of meetings with tion characteristics of a young teacher‘s person- not only received a large number of new techno- losophy, is developing new programs which en- colleagues. ality and a workshop on the culture of profes- logical tools that it must learn to use with optimal able moving away from the ordinary education In order to form the pedagogical skills of sional speech are included in the above modules results – it becomes a political, therapeutic, social paradigm. Professors of philosophy are responsi- young teachers, exclusively applied materials as well: ―Speech and Communication Training‖, technology. ble for creating a new type of scientist able to were selected: from a social and philosophical ―Personality and the Masses: Peculiarities of Be- We attempted to justify the need to redirect abandon the clichés and standard constructs of discourse to a psychological and pedagogical haviour in the Context of Higher Education. So- the methodological installation of philosophy science. one. All the materials and the entire project aim cial Psychology to Assist Organization of Inter- from analysis to synthesis. An example of the To satisfy the demands, the Zaporizhzhia to create new ―social skills‖, which are also reaction between the Teacher and the Student‖, creation and application of the synthetic method- State Medical University introduced the institute ferred to as ―soft skills‖ (―social skills‖, ―univer- ―Peculiarities of University Education in the ology in the field of higher medical education is of mentoring under the School for Young Lec- sal skills‖ or ―success skills‖). ―Soft skills‖ is a Context of Globalization. Dialogue of Philoso- presented. To satisfy the demands of forming turers project in the framework of practice- complex of non-specialized, highly professional phy and Science in Western and Eastern Cul- and use of such methodology, Zaporizhzhia State oriented education, rightfully declaring that this skills vital for successful participation in work tures‖, etc. Medical University introduced the institute of is the only project in the Ukrainian higher medi- performance and high productivity. They allow The worth of personality, professional qual- mentoring under the School for Young Lecturers cal education (in the context of a general reduc- post-graduate students to perform efficiently at ifications and man‘s individual characteristics – project in the framework of practice-oriented tion in humanitarian education and deprivation of their workplace. Soft skills include communica- character, intuition, ability to choose search strat- education, rightfully declaring that this is the on- its humanistic component, our University pays tion skills, leadership, abilities to take responsi- egies, even zest for life – all these affect a young ly project in the Ukrainian higher medical educa- great attention to the training of talented lectur- bility and work under pressure, settle conflicts, teacher in selecting a model of reality, first of all, tion. ers). work in a team, manage their time, understand a professional one. This is the kind of profes- Thus, the return of socio-humanities to the University young scientists are in the centre the importance of deadlines, think logically and sional to be trained by a modern University, and higher education system and their role in science of events, ready to work in modern, often para- systematically as well as creativity, etc. this is the kind of professional to work in modern must be considered as a complex, multi-level doxical conditions: a lack of time and money, an Therefore, the following methodological University. Such kind of professional is the process that should be studied and comprehend- abundance of information, etc. There is no doubt forms were used: training, business games, case greatest social value; therefore, social and hu- ed for its optimal implementation. It is very im- that in Ukrainian universities there are disciplines studies. The lectures and workshops provide the manitarian disciplines headed by Philosophy portant to save this process from a cynical desire that provide post-graduate students with a com- necessary information in three modules, which should always remain the basis for his/her train- to reduce, vulgarize and diminish the signifi- mon understanding of pedagogical activities, but include specific topics namely: 1) Logical and ing. cance of socio-humanities in modern science. they become aware of the need for such Philosophical Workshop on Rhetorical and Otherwise, the ―prosthetic style‖ will result in knowledge only on entering a lecture hall (from Communication Competence; 2) Psychological- Conclusions tragic consequences and post-humanism will be- the preparation of lectures and practical training pedagogical and Methodological Training of come a sad reality, in which nothing can be to conflict situations emerging in the classroom). Young Lecturers; 3) Conflictology in Modern Socio-humanities and philosophy today is a changed to return to humanity. This is when there is a vital need for help, obtain- Higher Education. Development of Creative ―methodological regulation‖ of development for ing necessary information fast and, in general, Thinking. We should note the following classes modern society. The philosophical culture of the REFERENCES support and advice from their mentor. This ob- among those included in the above-mentioned individual, which forming and developing jective reality resulted in a progressive manage- training modules: ―Logical Foundations of Ar- through analytics, critique of ideals, norms of the Baudrillard, J. (1983). Simulations. Los Angeles, ment decision to introduce the School for Young gumentation‖, ―Features and Techniques of Ora- culture of thinking, acts as a regulation for sci- California: Semiotext.

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Chechotina, S. (2013). Aktualnist uprovadzhen- Creatorics, Erotology, Digital Philology nia mizhdystsyplinarnoi intehratsii pry and Other Disciplines of the XXI cen- vyvchenni farmakolohii (The Relevance tury, in Russian). Moscow: Ripol-klas- of Interdisciplinary Integration in the sik. Study of Pharmacology, in Ukrainian). Hegel, G. (1932). Lektsii po istorii filosofii (Lec- Ukrainian Dental Almanac, 4, 86-88. tures on the History of Philosophy, in Comte, A. (2011). Dukh pozitivnoi filosofii (The Russian). Moscow: Partijnoe izdatel‘- Spirit of Positive Philosophy, in Rus- stvo. sian). Moscow: Izd-vo Librokom. Horgan, J. (1997). The End of Science: Facing Epstein, M. (2001). Filosofiya vozmozhnogo. the Limits of Knowledge in the Twilight Modal‘nosti v myshlenii i kul‘ture (The of the Scientiﬁc Age. New York: Broad- Philosophy of the Possible: The Modal- way Books. ities in Thought and Culture, in Rus- Kasavin, I. (2016). Sotsial‘naya filosofiya nauki i sian). Saint Petersburg: Aleteia. kollektivnaya epistemologiya (Social Epstein, M. (2004). Znak probela: O budush- Philosophy of Science and Collective chem gumanitarnykh nauk (Mapping Epistemology, in Russian). Moscow: Blank Spaces: On the Future of the Ves Mir Publishing House. Humanities, in Russian). Moscow: No- Lotman, Yu. M. (2001). Semiosfera. Kul‘tura i voe literaturnoe obozrenie. vzryv. Sredi myslyashchikh mirov (Se- Epstein, M. (2016). Ot znaniya – k tvorchestvu. miosphere. Culture and Explosion. Kak gumanitarnye nauki mogut izmen- Among the Thinking Worlds, in Rus- it‘ mir (From Knowledge – to Creativi- sian). Saint Petersburg: Iskusstvo – ty. How the Humanities Can Change SPB. the World, in Russian). Moscow, St. Porus, V. (2019). Filosofiya kak mechta o budu- Petersburg: Tsentr gumanitarnykh init- shchem (Philosophy as a Dream of the siativ. Future, in Russian). Voprosy Filosofii, Epstein, M. (2017). Proektivnyi slovar‘ gumani- 7, 82-88. tarnykh nauk (The Projective Diction- doi: 10.31857/S004287440005729-6. ary of Humanistic Disciplines, in Rus- Tretko, V. (2013). Mizhdystsyplinarnyi pidkhid u sian). Moscow: Novoe literaturnoe pidhotovtsi maibutnikh mahistriv mizh- obozrenie. narodnykh vidnosyn (Interdisciplinary Epstein, M. (2019). Budushchee gumanitarnykh Approach in Training Future Masters nauk: Tekhnogumanizm, kreatorika, of International Relations, in Ukraini- erotologiya, elektronnaya filologiya i an). Osvita doroslykh: teoriia, dosvid, drugie nauki XXI veka. (The Future of perspektyvy, 6, 94-103. the Humanities: Technohumanism,

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Comte, A. (2011). Dukh pozitivnoi filosofii (The Russian). Moscow: Partijnoe izdatel‘- Spirit of Positive Philosophy, in Rus- stvo. sian). Moscow: Izd-vo Librokom. Horgan, J. (1997). The End of Science: Facing Epstein, M. (2001). Filosofiya vozmozhnogo. the Limits of Knowledge in the Twilight

Modal‘nosti v myshlenii i kul‘ture (The of the Scientiﬁc Age. New York: Broad- Philosophy of the Possible: The Modal- way Books. ities in Thought and Culture, in Rus- Kasavin, I. (2016). Sotsial‘naya filosofiya nauki i sian). Saint Petersburg: Aleteia. kollektivnaya epistemologiya (Social

Epstein, M. (2004). Znak probela: O budush- Philosophy of Science and Collective chem gumanitarnykh nauk (Mapping Epistemology, in Russian). Moscow: Blank Spaces: On the Future of the Ves Mir Publishing House. Humanities, in Russian). Moscow: No- Lotman, Yu. M. (2001). Semiosfera. Kul‘tura i PHILOSOPHY OF LAW voe literaturnoe obozrenie. vzryv. Sredi myslyashchikh mirov (Se-

Epstein, M. (2016). Ot znaniya – k tvorchestvu. miosphere. Culture and Explosion. Kak gumanitarnye nauki mogut izmen- Among the Thinking Worlds, in Rus- it‘ mir (From Knowledge – to Creativi- sian). Saint Petersburg: Iskusstvo – ty. How the Humanities Can Change SPB. the World, in Russian). Moscow, St. Porus, V. (2019). Filosofiya kak mechta o budu- Petersburg: Tsentr gumanitarnykh init- shchem (Philosophy as a Dream of the siativ. Future, in Russian). Voprosy Filosofii, Epstein, M. (2017). Proektivnyi slovar‘ gumani- 7, 82-88. tarnykh nauk (The Projective Diction- doi: 10.31857/S004287440005729-6. ary of Humanistic Disciplines, in Rus- Tretko, V. (2013). Mizhdystsyplinarnyi pidkhid u sian). Moscow: Novoe literaturnoe pidhotovtsi maibutnikh mahistriv mizh- obozrenie. narodnykh vidnosyn (Interdisciplinary Epstein, M. (2019). Budushchee gumanitarnykh Approach in Training Future Masters nauk: Tekhnogumanizm, kreatorika, of International Relations, in Ukraini- erotologiya, elektronnaya filologiya i an). Osvita doroslykh: teoriia, dosvid, drugie nauki XXI veka. (The Future of perspektyvy, 6, 94-103. the Humanities: Technohumanism,

WISDOM 1(14), 2020 120 121 121 Hayk GRIGORYAN

DOI: 10.24234/wisdom.v14i1.329 Hayk GRIGORYAN

AGGRESSION AS A CRIME IN INTERNATIONAL AND NATIONAL CRIMINAL LAW

Abstract

The article analyzes the process of international criminalization of the crime of aggression, the role and significance of the Charter of the Nuremberg Tribunal for the formation of the modern concept of aggression, compares the definitions of aggression as a punishable offense committed by individuals, according to the Statute of the International Criminal Court, in line with the amendments made in 2010 by the Assembly of States that are Parties to the Court and the corpus delicti of the crime provided in Article 384 of the Criminal Code of the Republic of Armenia – ―Aggressive War‖. The correlation developed by the author allows us to offer scientifically grounded recommendations on the qualification of the acts that constitute the crime of aggression, including the cases where it is accompanied by the commission of criminal violations of the laws and customs of conducting military operations.

Keywords: international crimes, international criminal law, international criminal court, qualification of aggression.

―History teaches that wars begin when governments believe the price of aggression is cheap.‖ Ronald Reagan

The goals and objectives of this article are Firstly, international humanitarian law establish- to consider legal problems related to criminal es a direct dependence of the qualification of ag- law emerging in the prosecutorial and investiga- gression and other war crimes on the nature of tive practice of the criminal justice authorities of the armed conflict. Secondly, the characteristics the Republic of Armenia when qualifying the act of aggression as a crime are not identical in na- of aggression and ways to overcome them. In tional and international criminal law. this article, we will express our view on the qual- Beginning in the middle of the 16th century, ification of aggression. We are aware that the professor at the University of Salamanca F. de complexity and novelty of the raised legal issues Vitoria wrote that wars can only be fought to inevitably imply the existence of different points correct a wrong cause. Moreover, ―if a subject is of view and approaches for solving them, since convinced of the injustice of a war, he may not the problems of qualifying aggression are associ- serve in it, even though his sovereign com- ated with complex and multifaceted aspects. mands‖ (Lukashuk & Ledyakh, 1995, p. 116).

WISDOM 1(14), 2020 122 122 Aggression as a Crime in International and National Criminal Law

DOI: 10.24234/wisdom.v14i1.329 Spanish scientist of the same era, B. Ayala, concept of ―aggression‖ allows us to conclude Hayk GRIGORYAN argued that ―wars cannot be declared against that the fact of the declaration of war itself does Gentiles only because they are Gentiles, even by not make it legal, and the Resolution, which was AGGRESSION AS A CRIME IN INTERNATIONAL order of an emperor or the Pope‖. War can be often referred to, until recently, was not a bind- AND NATIONAL CRIMINAL LAW used only in self-defense or as an extreme means ing document for States, and the definition of for ensuring law, ―when justice and reason have aggression as an international crime also was not Abstract failed‖ (Lukashuk & Ledyakh, 1995, p. 117). worked out, moreover the Resolution describes Hugo Grotius, considered a fair, permitted the actions of States, and not individuals – sub- The article analyzes the process of international criminalization of the crime of aggression, the role war only the one that was launched in response jects of the crime of aggression (Trikoz, 2011, and significance of the Charter of the Nuremberg Tribunal for the formation of the modern concept of ag- to a violation of law. War is permissible as self- pp. 20-23; Bogush, 2010, pp. 87-95). This ap- gression, compares the definitions of aggression as a punishable offense committed by individuals, accord- defense: ―In the event of an attack on people proach is related to the fact that aggression is dis- ing to the Statute of the International Criminal Court, in line with the amendments made in 2010 by the with open force and the impossibility of avoiding tinguished as an act of a State for which they can Assembly of States that are Parties to the Court and the corpus delicti of the crime provided in Article 384 otherwise the danger to life, war is permitted, be brought to international legal responsibility, of the Criminal Code of the Republic of Armenia – ―Aggressive War‖. The correlation developed by the even entailing the killing of an attacker‖ (Gro- and aggression as a criminal offense committed author allows us to offer scientifically grounded recommendations on the qualification of the acts that con- tius, 1956, pp. 186-188). by individuals for which they can be criminally stitute the crime of aggression, including the cases where it is accompanied by the commission of criminal According to B. Ferenz (1983), many of Vi- liable (Marusin, 2013, pp. 112-120). violations of the laws and customs of conducting military operations. toria‘s ideas formulated in the first half of the After Nuremberg and until the establish- th 16 century, such as elements of defining ag- ment of the International Criminal Court (herein- Keywords: international crimes, international criminal law, international criminal court, qualification gression, boundaries of acceptable self-defense, after ICC), not a single international court was of aggression. (...) responsibility of heads of States, groundless vested with jurisdiction related to the crime of references to orders from a superior for their pro- aggression. After 1946, no international or na- tection, were early predecessors of doctrines, tional criminal court considered this crime, alt- ―History teaches that wars begin which became recognized principles of interna- hough in several cases the UN Security Council when governments believe tional law four centuries later (p. 8). decided that the act of aggression was committed the price of aggression is cheap.‖ Thus, despite the fact that the idea of the by states (Cassese, 2003, p. 112). As rightly not- Ronald Reagan wrongfulness of an aggressive war emerged be- ed by I. S. Marusin (2013), in the statutes of in- th ginning in the middle of the 16 century, the le- ternational criminal judicial institutions created gal prohibition of aggression was established later, such as the International Tribunal for the The goals and objectives of this article are Firstly, international humanitarian law establish- only in the 20th century. So, in accordance with Former Yugoslavia, the International Tribunal to consider legal problems related to criminal es a direct dependence of the qualification of ag- UN General Assembly Resolution No. 3314 for Rwanda, the Special Court for Sierra Leone, law emerging in the prosecutorial and investiga- gression and other war crimes on the nature of adopted on 14 December, 1974, aggression is aggression was not included in the number of tive practice of the criminal justice authorities of the armed conflict. Secondly, the characteristics meant as a usage of armed force by one state crimes covered by the jurisdiction of these bod- the Republic of Armenia when qualifying the act of aggression as a crime are not identical in na- against the other‘s sovereignty, territorial integri- ies, which due to the fact that armed conflicts, of aggression and ways to overcome them. In tional and international criminal law. th ty and political independence, or in any other during which the crimes pursued by these inter- this article, we will express our view on the qual- Beginning in the middle of the 16 century, manner incompatible with the UN Charter1. national judicial institutions were committed, ification of aggression. We are aware that the professor at the University of Salamanca F. de Article 3 of this Resolution provides a non- were (mainly) of intra-State nature (pp. 112- complexity and novelty of the raised legal issues Vitoria wrote that wars can only be fought to exhaustive list of acts the commission of which 120). inevitably imply the existence of different points correct a wrong cause. Moreover, ―if a subject is constitutes an act of aggression2. Analysis of the Despite the fact that the original version of of view and approaches for solving them, since convinced of the injustice of a war, he may not the Rome Statute of the ICC in Article 5 already the problems of qualifying aggression are associ- serve in it, even though his sovereign com- 1 provided for the jurisdiction over aggression, ated with complex and multifaceted aspects. mands‖ (Lukashuk & Ledyakh, 1995, p. 116). Charter of the United Nations, 25 June 1945. 2 See Charter of the United Nations, 25 June 1945.

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however, according to paragraph 2 of Article 5 Article 8 bis, adopted in 2010, defines the of the Statute, it was regulated that the ICC shall elements of aggression as criminal offense as exercise jurisdiction over the crime of aggression follows: planning, preparing, initiating or execu- once a provision defining this crime and setting tion an act of aggression by a person who is able out the conditions of jurisdiction is adopted. to effectively direct or control the political and Therefore, the participating States were not able military actions of the State. We share the fair to agree on an acceptable definition of this crime opinion of I. S. Marusin that, from the point of immediately. In 2002, on the basis of a Reso- view of ordinary law enforcement practice, the lution of the Assembly of States – Parties to the recognition of acts listed in Article 8 bis criminal Statute of the ICC, a Special Working Group on and criminally punishable should mean that all Aggression was established.3 persons involved in the commission of these From May 31 to June 11, 2010, at the 13th acts, both the organizers and the direct perpetra- meeting of the conference on international crim- tors, should bear criminal responsibility. In other inal justice in the Ugandan capital Kampala, a words, if State A commits an act of aggression Conference was held, which was attended by 86 delegations of participating States and 33 ob- other manner inconsistent with the Charter of the server states, on the review of the Rome Statute United Nations. Any of the following acts, regardless of a declaration of war, shall, in accord- of the ICC. ance with United Nations General Assembly res- The outcome of the ICC Conference of olution 3314 (XXIX) of 14 December 1974, qualify as an act of aggression: States Parties was the adoption on June 11, 2010, (a) The invasion or attack by the armed forces of by consensus, of Resolution RC/Res.6 ―Crime of a State of the territory of another State, or any military occupation, however temporary, re- Aggression‖, which provides for the inclusion in sulting from such invasion or attack, or any the Rome Statute of new articles 8 bis, 15 bis, 15 annexation by the use of force of the territory of another State or part thereof; ter defining the crime of aggression and harmo- (b) Bombardment by the armed forces of a State nizing the order of the ICC jurisdiction. So, in against the territory of another State or the use of any weapons by a State against the ter- two paragraphs of the new article of the Statute ritory of another State; (c) The blockade of the ports or coasts of a State of the ICC 8 bis, a unified substantive definition by the armed forces of another State; of the crime of aggression.4 (d) An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State; 3 See: RC/Res.6, R. (11 June 2010.). ―The Crime of (e) The use of armed forces of one State which Aggression‖. Annex I. Amendments to the Rome are within the territory of another State with Statute of the International Criminal Court on the the agreement of the receiving State, in con- Crime of Aggression. travention of the conditions provided for in 4 ―Article 8 bis the agreement or any extension of their pres- Crime of aggression ence in such territory beyond the termination 1. For the purpose of this Statute, ―crime of aggres- of the agreement; sion‖ means the planning, preparation, initiation (f) The action of a State in allowing its territory, or execution, by a person in a position effectively which it has placed at the disposal of another to exercise control over or to direct the political State, to be used by that other State for perpe- or military action of a State, of an act of aggres- trating an act of aggression against a third sion which, by its character, gravity and scale, State; constitutes a manifest violation of the Charter of (g) The sending by or on behalf of a State of the United Nations. armed bands, groups, irregulars or mercenar- 2. For the purpose of paragraph 1, ―act of aggres- ies, which carry out acts of armed force sion‖ means the use of armed force by a State against another State of such gravity as to against the sovereignty, territorial integrity or po- amount to the acts listed above, or its substan- litical independence of another State, or in any tial involvement therein.‖

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however, according to paragraph 2 of Article 5 Article 8 bis, adopted in 2010, defines the against neighboring State B, then, according to country. Millions of German and Austrian gen- of the Statute, it was regulated that the ICC shall elements of aggression as criminal offense as this approach, both the head and the supreme erals, officers, and soldiers who directly commit- exercise jurisdiction over the crime of aggression follows: planning, preparing, initiating or execu- commander of State A, who ordered the attack ted war crimes were not held accountable. The once a provision defining this crime and setting tion an act of aggression by a person who is able on State B, and all military personnel, including States participating in the ICC also did in the out the conditions of jurisdiction is adopted. to effectively direct or control the political and ordinaries, who fulfilled this order, should be same manner. It is true that in the Statute of the Therefore, the participating States were not able military actions of the State. We share the fair held criminally responsible. Nuremberg Tribunal, the circle of persons liable to agree on an acceptable definition of this crime opinion of I. S. Marusin that, from the point of However, the adopted Article 8 bis indi- for aggression was not precisely defined. All de- immediately. In 2002, on the basis of a Reso- view of ordinary law enforcement practice, the cates the circle of persons liable for aggression. fendants at the Nuremberg Tribunal, according lution of the Assembly of States – Parties to the recognition of acts listed in Article 8 bis criminal These are, firstly, people who are able effectively to the wording of Article 6 of the Charter, could Statute of the ICC, a Special Working Group on and criminally punishable should mean that all to exercise control over the political or military be brought such accusation, but the circle of de- Aggression was established.3 persons involved in the commission of these actions of a State, and secondly, people who are fendants at the Nuremberg Tribunal was individ- From May 31 to June 11, 2010, at the 13th acts, both the organizers and the direct perpetra- able effectively to exercise the directing of polit- ually determined (Marusin, 2013). meeting of the conference on international crim- tors, should bear criminal responsibility. In other ical or military actions of a State. ―Effectively‖ Thus, the first paragraph of Article 8 bis in- inal justice in the Ugandan capital Kampala, a words, if State A commits an act of aggression directing the actions of a State means that not all cludes the main definition of a crime, the main Conference was held, which was attended by 86 persons formally legally authorized to execute constituent elements of which are: the first - ele- delegations of participating States and 33 ob- the act of aggression, such as the head of State, ments of the ―actus reus‖ (alternative nature of other manner inconsistent with the Charter of the server states, on the review of the Rome Statute United Nations. Any of the following acts, re- head of government or supreme commander, can the types of active actions, a special ―threshold of gardless of a declaration of war, shall, in accord- of the ICC. ance with United Nations General Assembly res- be held accountable for an act of aggression, but gravity‖ in the form of ―gross violation‖ of the The outcome of the ICC Conference of olution 3314 (XXIX) of 14 December 1974, only those who actually possessed such power UN Charter, blank description of an act of ag- qualify as an act of aggression: States Parties was the adoption on June 11, 2010, (a) The invasion or attack by the armed forces of (Marusin, 2013, pp. 112-120). gression with reference to the ―Definition of Ag- by consensus, of Resolution RC/Res.6 ―Crime of a State of the territory of another State, or any Such an approach, in our opinion, is caused gression‘ of 1974), the second is a special subject military occupation, however temporary, re- Aggression‖, which provides for the inclusion in sulting from such invasion or attack, or any not by a condescending attitude towards direct that characterizes this crime as ―leadership the Rome Statute of new articles 8 bis, 15 bis, 15 annexation by the use of force of the territory executors, but by exceeding the limits of the crime‖5. The characteristics of the ―mens rea‖ of of another State or part thereof; ter defining the crime of aggression and harmo- (b) Bombardment by the armed forces of a State criminal law mechanism and the inability to a crime are disclosed in the ―Elements of nizing the order of the ICC jurisdiction. So, in against the territory of another State or the prosecute thousands or a million representatives Crimes‖ of the ICC Statute 2002, which were use of any weapons by a State against the ter- two paragraphs of the new article of the Statute ritory of another State; of the opposing side of an armed conflict without also supplemented by relevant provisions: the (c) The blockade of the ports or coasts of a State of the ICC 8 bis, a unified substantive definition by the armed forces of another State; depriving them of their fundamental procedural offender must have been aware of factual cir- of the crime of aggression.4 (d) An attack by the armed forces of a State on rights and judicial guarantees. No judicial system cumstances that established that such a use of the land, sea or air forces, or marine and air fleets of another State; can cope with so many accused, defendants and armed force was inconsistent with the Charter of 3 See: RC/Res.6, R. (11 June 2010.). ―The Crime of (e) The use of armed forces of one State which convicts. At the same time, the management of a the United Nations, also the circumstances indi- Aggression‖. Annex I. Amendments to the Rome are within the territory of another State with Statute of the International Criminal Court on the the agreement of the receiving State, in con- State, in which such a number of accused, de- cating a gross violation of the UN Charter by its Crime of Aggression. travention of the conditions provided for in fendants and convicts will simultaneously ap- character, gravity and scale of the act of aggres- 4 ―Article 8 bis the agreement or any extension of their pres- Crime of aggression ence in such territory beyond the termination pear, would be extremely difficult. But one can 1. For the purpose of this Statute, ―crime of aggres- of the agreement; sion‖ means the planning, preparation, initiation (f) The action of a State in allowing its territory, bring to justice one hundred, two hundred, a 5 I.e. persons who are able effectively to exercise con- or execution, by a person in a position effectively which it has placed at the disposal of another thousand people. It is precisely because of these trol over the political or military actions of the state, to exercise control over or to direct the political State, to be used by that other State for perpe- and people who are able effectively to direct the po- or military action of a State, of an act of aggres- trating an act of aggression against a third considerations that the victorious states in the litical or military actions of the state. ―Effectively‖ sion which, by its character, gravity and scale, State; Second World War during the Nuremberg trials means that not all persons who formally have legal constitutes a manifest violation of the Charter of (g) The sending by or on behalf of a State of authority to carry out an act of aggression (head of the United Nations. armed bands, groups, irregulars or mercenar- of 1945, the circle of persons responsible for the State, head of government or supreme commander) 2. For the purpose of paragraph 1, ―act of aggres- ies, which carry out acts of armed force crimes committed by Germany was narrowed to can be held accountable for an act of aggression, but sion‖ means the use of armed force by a State against another State of such gravity as to only those who actually possessed such power, even against the sovereignty, territorial integrity or po- amount to the acts listed above, or its substan- the highest political and military leaders of the from among those persons who do not have such litical independence of another State, or in any tial involvement therein.‖ formal legal powers.

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sion. such by the UN Security Council (Arsanjani, Strictly speaking, the main elements of the 1999, p. 29; Kolodkin, 1998, pp. 231-232). If crime of aggression in accordance with this defi- such proposal were accepted, it would mean that nition are the following: the blanket nature of the the actions of any of the permanent members of objective side; a special subject that characterizes the Security Council would never have been rec- the crime as ―leadership crime‖6; a special ―thre- ognized as aggression, since the relevant state shold of gravity‖ in the form of a demand for a has the opportunity to veto a resolution in which ―gross violation‖ of the UN Charter. Even a sin- its actions are qualified as such. However, this gle shelling of the territory of a foreign State ac- proposal was not accepted in the end. Thus, Arti- cording to the Definition of 1974 and Article 8 cle 15 bis of the ICC Statute is prescribed for the bis of the ICC Statute should be considered an case when the situation is transferred to the ICC act of aggression, but if the incident is quickly by a State party or when the prosecutor initiates resolved, then there is obviously no need for the an investigation by proprio motu and establishes ICC to intervene. And in this case, the provisions the following procedure for initiating proceed- of the ICC Statute provide for the responsibility ings in the Court on charges of aggression. If the for the outbreak and conduct of an aggressive Prosecutor comes to the conclusion that there are war, and not for any single acts of the use of sufficient grounds for initiating the criminal armed force. In addition, the two new Articles 15 prosecution of a certain person on this charge, bis and 15 ter of the Statute establish a different then he must first find out did the UN Security procedure for the exercise of the Court‘s jurisdic- Council qualify as aggression the actions now tion over the crime of aggression. This is due to being considered by the Prosecutor, and also no- the role of the UN Security Council in establish- tify the UN Secretary General of his intentions ing the fact that the State committed an act of by providing him with all the necessary materials aggression and with the restrictions on the terri- and documents. If such a qualification by the torial and personal jurisdiction of the Court. It Security Council has already been implemented, should be noted that the competence to deter- as well as if the Security Council has not given mine whether an event of international life is an any assessment of this situation and will not give aggression belongs only and exclusively to the it within 6 months after the Prosecutor has noti- UN Security Council (Article 39 of the UN fied the UN Secretary General of his intention to Charter). However, such an assessment of the initiate criminal prosecution, the Prosecutor has UN Security Council, in our opinion, is political, the right to continue the proceedings in this case not legal. under the usual manner. Thus, the UN Security So, when preparing the Statute of the ICC, Council can, qualifying certain actions not as some permanent members of the UN Security aggression, thereby stopping the proceedings in Council believed that as aggression can be con- this case at the ICC. But if the Security Council sidered only those actions that were qualified as cannot qualify a particular situation, then the ICC will be able to act in accordance with its assess- 6 In the novel Article on the crime of aggression is included the reference to the ―Definition of aggres- ment. However, qualifying the actions of a par- sion‖ approved by the Resolution of the General As- ticular State as aggression does not mean that the sembly of the UN number 3314 (XXIX) on 14 De- cember 1974, and its text is reproduced (point 2 Ar- persons who directed these actions or exercised ticle 8 bis of the Charter).

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sion. such by the UN Security Council (Arsanjani, control over them are liable in the ICC. Article of an aggressive war is understood as the fulfill- Strictly speaking, the main elements of the 1999, p. 29; Kolodkin, 1998, pp. 231-232). If 15 ter of the Statute, in its turn, refers to the exer- ment of any actions of an intellectual nature to crime of aggression in accordance with this defi- such proposal were accepted, it would mean that cise of jurisdiction by the Court when transfer- achieve the goals of such a war, in particular: the nition are the following: the blanket nature of the the actions of any of the permanent members of ring a situation by the UN Security Council. In development of its ideological, political and mili- objective side; a special subject that characterizes the Security Council would never have been rec- this case, the jurisdiction of the ICC may be car- tary concept; drawing up plans for strategies and the crime as ―leadership crime‖6; a special ―thre- ognized as aggression, since the relevant state ried out in relation to any crimes, including those tactics of military operations; mobilization plans; shold of gravity‖ in the form of a demand for a has the opportunity to veto a resolution in which committed in the territory of the ―third States‖ or development of plans for the structure, composi- ―gross violation‖ of the UN Charter. Even a sin- its actions are qualified as such. However, this by their citizens. tion, deployment and tasks of the armed forces; gle shelling of the territory of a foreign State ac- proposal was not accepted in the end. Thus, Arti- Moreover, a two-stage procedure for the en- organization of intelligence activities; informa- cording to the Definition of 1974 and Article 8 cle 15 bis of the ICC Statute is prescribed for the try into force of new jurisdictional provisions of tional activity (Borzenkova & Komissarova, bis of the ICC Statute should be considered an case when the situation is transferred to the ICC the Statute is provided. Firstly, the jurisdiction of 2002, pp. 354-355). The preparation of an ag- act of aggression, but if the incident is quickly by a State party or when the prosecutor initiates the Court is possible only after the amendments gressive war is understood as the implementation resolved, then there is obviously no need for the an investigation by proprio motu and establishes are confirmed by a majority vote of 2/3 in the of actions aimed at implementing the developed ICC to intervene. And in this case, the provisions the following procedure for initiating proceed- Assembly of States – Parties after January 1, plans of aggression: building up armed forces, of the ICC Statute provide for the responsibility ings in the Court on charges of aggression. If the 2017. Secondly, the Court can exercise jurisdic- accumulating weapons and ammunition, creating for the outbreak and conduct of an aggressive Prosecutor comes to the conclusion that there are tion over the crime of aggression only if it was food supplies, intensifying intelligence against war, and not for any single acts of the use of sufficient grounds for initiating the criminal committed after a year from ratification of another State, conducting command-and-staff armed force. In addition, the two new Articles 15 prosecution of a certain person on this charge, amendments by 30 participating States. In ac- exercises to develop aggression, etc. (Kruglikov, bis and 15 ter of the Statute establish a different then he must first find out did the UN Security cordance with Article 15 bis, also included in the 1999, p. 769). The outbreak of an aggressive war procedure for the exercise of the Court‘s jurisdic- Council qualify as aggression the actions now Rome Statute by this Resolution, the Court may is the beginning of concrete actions for its con- tion over the crime of aggression. This is due to being considered by the Prosecutor, and also no- exercise jurisdiction only with respect to crimes duct, with a view to its further conduct, and not the role of the UN Security Council in establish- tify the UN Secretary General of his intentions of aggression committed one year after the ratifi- an act of sporadic aggressive use of military ing the fact that the State committed an act of by providing him with all the necessary materials cation or adoption of these amendments by thirty force against another State. So, in the fair opin- aggression and with the restrictions on the terri- and documents. If such a qualification by the participating States. ion of N. F. Kuznetsova, untying aggressive war torial and personal jurisdiction of the Court. It Security Council has already been implemented, The correlation of the definition ―Crime of is the facts of aggression, ―preceding the full- should be noted that the competence to deter- as well as if the Security Council has not given aggression‖ developed for the purposes of the scale conduct of an aggressive war‖ (Malakhov, mine whether an event of international life is an any assessment of this situation and will not give ICC Statute has some specificity than Article 384 2003, p. 139), such as: diplomatic demarches aggression belongs only and exclusively to the it within 6 months after the Prosecutor has noti- of the Criminal Code of the Republic of Arme- with aggressive goals, reconnaissance, the sei- UN Security Council (Article 39 of the UN fied the UN Secretary General of his intention to nia7. The problem is that aggression as a crime zure of ships and the like ―acts of aggressive be- Charter). However, such an assessment of the initiate criminal prosecution, the Prosecutor has under national and international criminal law is havior‖ (Borzenkova & Komissarova, 2002, pp. UN Security Council, in our opinion, is political, the right to continue the proceedings in this case not identical. So, analysis and comparison of the 357-358). Usually in the literature it is argued not legal. under the usual manner. Thus, the UN Security Article 384 of the Criminal Code of the Republic that the unleashing of aggression is a ―treacher- So, when preparing the Statute of the ICC, Council can, qualifying certain actions not as of Armenia ―Aggressive War‖, which is dis- ous‖ act committed in spite of the existence of some permanent members of the UN Security aggression, thereby stopping the proceedings in closed in two parts and contains two separate peace treaties. The conduct of an aggressive war Council believed that as aggression can be con- this case at the ICC. But if the Security Council elements of a crime, provides for responsibility is a continuation of an aggressive war after the sidered only those actions that were qualified as cannot qualify a particular situation, then the ICC in part 1 for planning or preparing an aggressive fact of its unleashing (Naumov, 2007, p. 610), will be able to act in accordance with its assess- war, and in part 2 for unleashing or waging an and can be expressed in large-scale aggression 6 In the novel Article on the crime of aggression is included the reference to the ―Definition of aggres- ment. However, qualifying the actions of a par- aggressive war. At the same time, the planning against another state in the form of an attack, at- sion‖ approved by the Resolution of the General As- ticular State as aggression does not mean that the tack, invasion of its territory with the aim of cap- sembly of the UN number 3314 (XXIX) on 14 De- 7 The Criminal Code of the Republic of Armenia cember 1974, and its text is reproduced (point 2 Ar- persons who directed these actions or exercised adopted on April 29, 2003, further the RA Criminal ture or other aggressive purposes. It seems that ticle 8 bis of the Charter). Code.

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the conduct of an aggressive war may be an un- On this occasion, we share the fair opinion declared conduct of hostilities against another of I. S. Marusin (2013, p. 119), who notes that state de facto - after all, legally, an act of aggres- such a position of the States – Parties to the ICC sion is stated regardless of the declaration of a of the court could be agreed if the text of the state of war. Statute or the Rules of Procedure and Evidence Thus, if the Article 384 of the RA Criminal would give objective criteria for distinguishing Code establishes criminal liability in accordance an manifest (gross) violation of the UN Charter. with Article 3 ―Definition of aggression,‖ pro- That means the criteria for this assessment in the vided for by UN General Assembly Resolution normative acts, on the basis of which the ICC No. 3314 of 14 December, 1974, even for a sin- should make its decisions, are absent. The Ap- gle shelling of a foreign state‘s territory, regard- pendix to the ―Elements of Crimes‖, adopted less of purpose and intent8, without specifying simultaneously with the amendments to the Stat- the subject, which from the point of view of or- ute of the ICC, only states that the term ―mani- dinary law enforcement practice means that fest‖ is an objective characteristic (Article 8 bis, criminal liability for them should be borne by all paragraph 3 of the Introduction). This means that persons who participated in the commission of a person‘s subjective assessment of his actions as these acts, both the organizers and the direct ex- legitimate or as violating the provisions of the ecutors, then Article 8 bis establishes criminal UN Charter, but not rudely, does not relieve him liability for an act of aggression, which by its of responsibility. At the same time, the grounds character, seriousness or scale is a gross violation for holding accountable for aggression are for- of the UN Charter, and not for any single acts of mulated in the adopted amendments to the ICC the use of armed force, narrows the range of per- Statute so that they allow for a different approach sons who hold criminal responsibility for aggres- to similar situations and leave too much room for sion only by the highest state and military lead- judicial discretion. This situation necessitates the ers, freeing from it lower-level performers, i.e., introduction of appropriate amendments and ex- generals, officers and ordinary, directly and car- pansion of the circle of persons responsible for rying out actions that qualify as aggression9. the crime of aggression. Such a restriction testifies to the desire of the In the framework of the goals and objec- ICC Member States to consider really signifi- tives of this article, it is also necessary to consid- cant, serious crimes, and if a single shelling of er such an important question: how to qualify the the territory of a foreign state, which should be conduct of an aggressive war if such actions are considered an act of aggression, is quickly set- accompanied by the commission of criminal vio- tled, then there is no need for ICC intervention. lations of the laws and customs of military opera-

tions. 8 In the point 1 of Article 5 of ―Definition of Aggres- It seems that the commission of war crimes sion‖ of 1974 is clearly stated that ―No consideration of whatever nature, whether political, economic, mili- in the course of an aggressive war should always tary or otherwise, may serve as a justification for ag- receive an independent legal assessment - that is, gression‖. 9 By this aggression differs from other types of interna- the deed should be qualified in the totality of tional crimes, for example, from genocide, for the crimes. commission of which to criminal liability are brought all people who participated in its commission - both International humanitarian law establishes a the directors and the executors.

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the conduct of an aggressive war may be an un- On this occasion, we share the fair opinion direct dependence of the qualifications of aggres- ing to the totality of crimes provided for in part 2 declared conduct of hostilities against another of I. S. Marusin (2013, p. 119), who notes that sion and other war crimes on the nature of the of Article 384 of the Criminal Code of the Re- state de facto - after all, legally, an act of aggres- such a position of the States – Parties to the ICC armed conflict, recognizing similar acts, in some public of Armenia ―Aggressive war‖ and part 1 sion is stated regardless of the declaration of a of the court could be agreed if the text of the cases, as military and other international crimes, of Article 387 of the RA Criminal Code ―The state of war. Statute or the Rules of Procedure and Evidence but not in others. To date, individual criminal use of means and methods of war prohibited by Thus, if the Article 384 of the RA Criminal would give objective criteria for distinguishing liability for war crimes committed during con- an international treaty in military operations or Code establishes criminal liability in accordance an manifest (gross) violation of the UN Charter. flicts of a non-international nature is a norm of armed conflicts‖, and in some cases in conjunc- with Article 3 ―Definition of aggression,‖ pro- That means the criteria for this assessment in the customary international law, which is also con- tion with Article 390 of the Criminal Code of the vided for by UN General Assembly Resolution normative acts, on the basis of which the ICC firmed by the practice of international organiza- Republic of Armenia ―gross violations of inter- No. 3314 of 14 December, 1974, even for a sin- should make its decisions, are absent. The Ap- tions. So Article 7 of the Resolution of the UN national humanitarian law during armed con- gle shelling of a foreign state‘s territory, regard- pendix to the ―Elements of Crimes‖, adopted General Assembly No. 3314 of 14 December, flicts‖. less of purpose and intent8, without specifying simultaneously with the amendments to the Stat- 1974, provides for the provision that nothing in Thus, the question of the possible prosecu- the subject, which from the point of view of or- ute of the ICC, only states that the term ―mani- this definition, and in particular in Article 3, can tion of the crime of aggression is currently de- dinary law enforcement practice means that fest‖ is an objective characteristic (Article 8 bis, in any way prejudice the right of peoples to self- void of any practical plane and remains the sub- criminal liability for them should be borne by all paragraph 3 of the Introduction). This means that determination, freedom and independence aris- ject of academic theorizing. This statement also persons who participated in the commission of a person‘s subjective assessment of his actions as ing from the Charter, as well as the right of these applies to the ICC until the ICC considers such these acts, both the organizers and the direct ex- legitimate or as violating the provisions of the peoples to fight this purpose10. However, the in- crimes in its practice. In any case, prosecution of ecutors, then Article 8 bis establishes criminal UN Charter, but not rudely, does not relieve him terpretation and application of the above provi- representatives of the opposing side of an armed liability for an act of aggression, which by its of responsibility. At the same time, the grounds sions should be interrelated and each provision conflict for committing a crime of aggression is character, seriousness or scale is a gross violation for holding accountable for aggression are for- should be considered in the context of all other currently possible only at the international level. of the UN Charter, and not for any single acts of mulated in the adopted amendments to the ICC provisions. Such an approach, in our opinion, is Nevertheless, in our opinion, such a qualification the use of armed force, narrows the range of per- Statute so that they allow for a different approach legally legitimate. However, qualifying the ac- of the offense under national law is most correct sons who hold criminal responsibility for aggres- to similar situations and leave too much room for tions of a certain state as aggression does not due to its obviousness and legal certainty. sion only by the highest state and military lead- judicial discretion. This situation necessitates the mean that the persons who directed these actions ers, freeing from it lower-level performers, i.e., introduction of appropriate amendments and ex- or exercised control over them are liable in the REFERENCES generals, officers and ordinary, directly and car- pansion of the circle of persons responsible for ICC. rying out actions that qualify as aggression9. the crime of aggression. It seems that if the outbreak and the conduct Arsanjani, M. (1999). The Rome Statute of the Such a restriction testifies to the desire of the In the framework of the goals and objec- of an aggressive war are accompanied by the ICC. Americal Journal of International ICC Member States to consider really signifi- tives of this article, it is also necessary to consid- commission of other war crimes, the latter must Law, N 1, 22-43. cant, serious crimes, and if a single shelling of er such an important question: how to qualify the always be qualified independently, i.e., accord- Bogush, G. (2010). Obzornaya konferencia po the territory of a foreign state, which should be conduct of an aggressive war if such actions are Rimskomu statutu: novie gorizonti 10 considered an act of aggression, is quickly set- accompanied by the commission of criminal vio- According to the Article 7 of the Resolution of the UN mezhdunarodnovo ugolovnovo pravo- General Assembly number 3314 of 14 December tled, then there is no need for ICC intervention. lations of the laws and customs of military opera- 1974, ―Nothing in this Definition, and in particular ar- sudiya (Overview Conference on Ro- ticle 3, could in any way prejudice the right to self- tions. determination, freedom and independence, as derived man Statute: New Prospects of Interna- 8 In the point 1 of Article 5 of ―Definition of Aggres- It seems that the commission of war crimes from the Charter, of peoples forcibly deprived of that tional Criminal Justice, in Russian). sion‖ of 1974 is clearly stated that ―No consideration right and referred to in the Declaration on Principles of whatever nature, whether political, economic, mili- in the course of an aggressive war should always of International Law concerning Friendly Relations Sravnitelnoye konstitucionnoye oboz- tary or otherwise, may serve as a justification for ag- receive an independent legal assessment - that is, and Cooperation among States in accordance with the reniye (Competitive Constitutional gression‖. Charter of the United Nations, particularly peoples 9 By this aggression differs from other types of interna- the deed should be qualified in the totality of under colonial and racist regimes or other forms of al- Overview), 5, 87-95. tional crimes, for example, from genocide, for the crimes. ien domination: nor the right of these peoples to strug- Borzenkova, V. S., & Komissarova, G. (Eds.). commission of which to criminal liability are brought gle to that end and to seek and receive support, in ac- all people who participated in its commission - both International humanitarian law establishes a cordance with the principles of the Charter and in con- (2002). Kurs ugolovnovo prava. Oso- the directors and the executors. formity with the above-mentioned Declaration‖.

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bennaya chast‘ (Course of Criminal sian). Moscow: BEK. Law. Special Part, in Russian). (Vol. 5). Malakhov, O. (2003). Agressia kak prestupleniye Moscow: Zercalo. po nacional‘nomu i mezhdunarodnomu Cassese, A. (2003). International Criminal Law. pravu (Aggression as a Crime in Na- Oxford: OUP Higher Education Divi- tional and International Law, in Rus- sion. sian). (PhD dissertation). Stavropol. Ferenz, B. (1983). Enforcing International Law Marusin, I. (2013). Opredelenie agresii v statute – A Way to World Peace. (Vol. 1). Lon- mezhdunarodnogo ugolovnogo suda i don-New York: Oceana Publications ustave Nurenbergskovo tribunala (The Inc. Definition of Agression in the Statute Grotius, G. (1956). O prave voiny i mira (The of International Criminal Court and the Laws of War and Peace, in Russian). Charter of the Nuremberg Tribunal, in Moscow: Ladomir. Russian). Jurisprudence (Actual Issues Lukashuk, I. I. & Ledyakh, I. (Eds.). (1995). Public Law and International Law), Nyurenbergskii process protiv voiny i 4(309), 112-120. fashizma (Nuremberg Process: the Law Naumov, A. (2007). Rossiiskoe ugolovnoe pra- against War and Fascism, in Russian). vo: kurs lekcii (Russian Criminal Law: Moscow: Volters Kluver. the Course of Lectures, in Russian). Kolodkin, R. (1998). O mezhdunardnom ugolov- Moscow: Volters Kluver. nom sude (On International Criminal Trikoz, E. (2011). Mezhdunarodnoye ugolov- Court, in Russian). Russian Year Book noye pravo i mezhdunarodnaya yustici- of International Law, 1996-1997, 231- ya International Criminal Law and In- 232. ternational Justice, in Russian). In Kruglikov, L. (Ed.). (1999). Ugolovnoye pravo Kampala International Conference on Rossii. Osobennaya chast (Criminal International Criminal Justice (Vol. 1, Law in Russia. Special Part, in Rus- pp. 87-95). The Hague. Ipskamp.

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bennaya chast‘ (Course of Criminal sian). Moscow: BEK. DOI: 10.24234/wisdom.v14i1.310 Law. Special Part, in Russian). (Vol. 5). Malakhov, O. (2003). Agressia kak prestupleniye Davit HARUTYUNYAN, Moscow: Zercalo. po nacional‘nomu i mezhdunarodnomu Lilit YEREMYAN Cassese, A. (2003). International Criminal Law. pravu (Aggression as a Crime in Na- Oxford: OUP Higher Education Divi- tional and International Law, in Rus- FREEDOM OF THOUGHT: sion. sian). (PhD dissertation). Stavropol. LEGAL PROTECTION FROM MANIPULATION Ferenz, B. (1983). Enforcing International Law Marusin, I. (2013). Opredelenie agresii v statute – A Way to World Peace. (Vol. 1). Lon- mezhdunarodnogo ugolovnogo suda i Abstract don-New York: Oceana Publications ustave Nurenbergskovo tribunala (The

Inc. Definition of Agression in the Statute The freedom of thought is stipulated as a fundamental human right in main international human Grotius, G. (1956). O prave voiny i mira (The of International Criminal Court and the rights instruments at universal and regional levels. Freedom of thought is also guaranteed at the national Laws of War and Peace, in Russian). Charter of the Nuremberg Tribunal, in level in constitutions of many states. It might seem that the legal regulation of freedom of thought is more Moscow: Ladomir. Russian). Jurisprudence (Actual Issues declarative by its very nature: prima facie, it cannot be limited or violated in practice. Thus, one might as- Lukashuk, I. I. & Ledyakh, I. (Eds.). (1995). Public Law and International Law), sume that it does not need any legal protection. In this paper, we argue that the rapid scientific and techno- Nyurenbergskii process protiv voiny i 4(309), 112-120. logical evolution urge the necessity of rethinking the legal content of the freedom of thought and elaborat- fashizma (Nuremberg Process: the Law Naumov, A. (2007). Rossiiskoe ugolovnoe pra- ing mechanisms at national and international levels for its effective protection. In particular, we discuss the against War and Fascism, in Russian). vo: kurs lekcii (Russian Criminal Law: lawfulness of manipulation as means of influencing the freedom of thought in the age of high technologies Moscow: Volters Kluver. the Course of Lectures, in Russian). and argue that the large-scale intensive manipulation by using special big data processing tools (including Kolodkin, R. (1998). O mezhdunardnom ugolov- Moscow: Volters Kluver. artificial intelligence) with the aim to shape the information receivers‘ decision-making process in order to nom sude (On International Criminal Trikoz, E. (2011). Mezhdunarodnoye ugolov- reach a certain outcome motivated by self-interest should be viewed as unlawful interference into the free- Court, in Russian). Russian Year Book noye pravo i mezhdunarodnaya yustici- dom of thought under International Human Rights Law, consequently creating positive obligations for of International Law, 1996-1997, 231- ya International Criminal Law and In- states. 232. ternational Justice, in Russian). In

Kruglikov, L. (Ed.). (1999). Ugolovnoye pravo Kampala International Conference on Keywords: freedom of thought, manipulation, ethics, human rights, national and international regula- Rossii. Osobennaya chast (Criminal International Criminal Justice (Vol. 1, tions. Law in Russia. Special Part, in Rus- pp. 87-95). The Hague. Ipskamp.

Introduction anything more important for personal autonomy and individual self-determination than the free- ―Cogito, ergo sum‖ (I think, therefore I am): dom of thought? Thus, freedom of thought can these words were the centre of Rene Descartes‘s also be regarded as a form of expression of hu- philosophy and the cornerstone element of Wes- man dignity. This leads to the question: what is tern rationalism. In this context, thinking should freedom of thought? Is it merely a metaphysical be understood not just as the ability of a human category, moral, philosophical term, a supreme being to think, but actually also as the readiness value or can it be classified as a legal concept? Is to exercise this ability via questioning, doubting, freedom of thought axiomatic, and is its applica- reasoning, choosing, via free will, as well as the tion absolute in practice? Does freedom of ecosystem, which allows a person to freely exer- thought require legal protection? What does the cise this ability. Indeed, is there anything more freedom of thought in legal instruments, such as vital to Homo sapiens than thinking, and is there universal and regional international human rights

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treaties, or constitutions of different states, stricting access to information and means of ex- mean? Is it envisaged in legal documents as a pressing information against the will of the po- proclamation that should never be forgotten, or tential ―thinker‖. Thoughts concerning the 1984 does it have a practical meaning? Is it possible to raise the question of whether hard power, i.e. limit the freedom of thought and how? oppression, is the only feasible tool for restricting One might recall the Orwellian 1984 and the freedom of thought? A mechanism that Or- the oppression of freedom of thought through the well did not discuss in the 1984 is soft power in so-called Thought Police that was created to pun- the form of targeted information control policy ish thought-crime. The 1984, often referred as and large-scale manipulations using new tech- science-fictional drama, in our opinion, is in fact nologies and artificial intelligence (AI) under the exaggerated description of real repressive socie- aegis of freedom of information and freedom of ties as was, for instance, Stalin‘s totalitarian re- expression in the atmosphere of love and solidar- gime, with only elements of science fiction. But ity. is totalitarianism capable of restricting the free- In the first section of this paper, we analyze dom of thought per se or just it‘s manifestation the regulation of the freedom of thought as en- by restricting the freedom of expression? ―Don‘t visaged in universal and regional human rights you see that the whole aim of Newspeak is to instruments, inter alia, by drawing a comparison narrow the range of thought? In the end, we between the wordings and revealing the legal shall make thought-crime literally impossible, content of the right to freedom of thought and its because there will be no words in which to ex- protection under International Law. The second press it. …Every year fewer and fewer words, section is devoted to the analysis of the right to and the range of consciousness always a little the freedom of thought at the national level as smaller. Even now, of course, there‘s no reason stipulated in state constitutions of randomly se- or excuse for committing thought-crime. It‘s lected countries from the European, American merely a question of self-discipline, reality- and African human rights systems. Here we control. But in the end, there won‘t be any need show that at the national level there is no uni- even for that…‖ (Orwell, 1949, p. 67). Thus, in form approach towards regulation of the freedom the ―Orwellian‖ scenario freedom of thought of thought and that belonging of the given state could be limited either by self-discipline or by to a certain system of human rights protection ―rubbing‖ the means of expression of thought. does not significantly influence the content of the Both these mechanisms described in 1984 are in constitutional level regulation of the freedom of essence examples of hard power. The first one thought. In section three of the current paper, we requires the will of the ―thinker‖ for self-discip- focus specifically on large-scale manipulation as line assumedly under the fear to be punished by a means of influencing the freedom of thought in the Thought Police. But this mechanism hasn‘t the age of rapid scientific and technological evo- proven to be successful. The collective character lution. This thesis calls for the necessity to re- of the 1984 - Winston - is the best proof of its think and revise the legal mechanisms of protec- inefficiency, which called the necessity for a new tion of the right to freedom of thought at interna- oppressive mechanism aimed at limiting the pos- tional and national levels in the light of risks sibility to exercise freedom of thought by re- posed by widely used new technologies and al-

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treaties, or constitutions of different states, stricting access to information and means of ex- gorithmic tools in the data processing. Some of rights and freedoms of others or for the pur- mean? Is it envisaged in legal documents as a pressing information against the will of the po- such legal mechanisms and relevant recommen- pose of just requirements of morality, public proclamation that should never be forgotten, or tential ―thinker‖. Thoughts concerning the 1984 dations are discussed in section four of the paper. order and the general welfare in a democrat- does it have a practical meaning? Is it possible to raise the question of whether hard power, i.e. ic society. This is the most reasonable inter- limit the freedom of thought and how? oppression, is the only feasible tool for restricting Freedom of Thought in International pretation of the applicability of the UDHR One might recall the Orwellian 1984 and the freedom of thought? A mechanism that Or- Human Rights Treaties article 29 deriving from common sense. the oppression of freedom of thought through the well did not discuss in the 1984 is soft power in UDHR is not binding for states in and of it- so-called Thought Police that was created to pun- the form of targeted information control policy The Universal Declaration of Human self, but it has been largely argued that it is ish thought-crime. The 1984, often referred as and large-scale manipulations using new tech- Rights (UDHR)1in its article 18 states: ―Every- legally enforceable as a reflection of cus- science-fictional drama, in our opinion, is in fact nologies and artificial intelligence (AI) under the one has the right to freedom of thought, con- tomary international law or general princi- exaggerated description of real repressive socie- aegis of freedom of information and freedom of science and religion; this right includes freedom ples of law (Shaw M.N., 2014, p.204). This ties as was, for instance, Stalin‘s totalitarian re- expression in the atmosphere of love and solidar- to change his religion or belief, and freedom, argument, however, seems as applicable to gime, with only elements of science fiction. But ity. either alone or in community with others and in the rights and freedoms reflected in UDHR is totalitarianism capable of restricting the free- In the first section of this paper, we analyze public or private, to manifest his religion or be- as the minimum that states should be dom of thought per se or just it‘s manifestation the regulation of the freedom of thought as en- lief in teaching, practice, worship and ob- obliged to ensure, rather than being applica- by restricting the freedom of expression? ―Don‘t visaged in universal and regional human rights servance‖. While article 29 envisages grounds ble to the limitations clause. you see that the whole aim of Newspeak is to instruments, inter alia, by drawing a comparison for possible limitation of rights as ―determined The International Covenant on Civil and narrow the range of thought? In the end, we between the wordings and revealing the legal by law solely for the purpose of securing due Political Rights (ICCPR)2 generally follows the shall make thought-crime literally impossible, content of the right to freedom of thought and its recognition and respect for the rights and free- UDHR approach when envisaging the right to because there will be no words in which to ex- protection under International Law. The second doms of others and of meeting the just require- freedom of thought in its article 18, regulating press it. …Every year fewer and fewer words, section is devoted to the analysis of the right to ments of morality, public order and the general this right together with freedom of conscience and the range of consciousness always a little the freedom of thought at the national level as welfare in a democratic society‖. and religion with further detalization only of the smaller. Even now, of course, there‘s no reason stipulated in state constitutions of randomly se- As we can see from the UDHR provisions: right to freedom of conscience and religion. This or excuse for committing thought-crime. It‘s lected countries from the European, American a) Freedom of thought is referred to as a right, raises the question of whether the mentioned merely a question of self-discipline, reality- and African human rights systems. Here we thus, implying state obligation to protect it. provision puts an equation between thought and control. But in the end, there won‘t be any need show that at the national level there is no uni- b) Freedom of thought is regulated in the same conscience or whether it views thought as a wid- even for that…‖ (Orwell, 1949, p. 67). Thus, in form approach towards regulation of the freedom clause with conscience and religion. The er concept. According to General Comment N the ―Orwellian‖ scenario freedom of thought of thought and that belonging of the given state clause further opens the legal content of 22 the ―right to freedom of thought, conscience could be limited either by self-discipline or by to a certain system of human rights protection freedom of religion, leaving the freedom of and religion… is far-reaching and profound; it ―rubbing‖ the means of expression of thought. does not significantly influence the content of the thought without interpretation. encompasses freedom of thought on all matters, Both these mechanisms described in 1984 are in constitutional level regulation of the freedom of c) The wording of article 29 represents a ge- personal conviction and the commitment to reli- essence examples of hard power. The first one thought. In section three of the current paper, we neric regulation referring to all rights stipu- gion or belief, whether manifested individually requires the will of the ―thinker‖ for self-discip- focus specifically on large-scale manipulation as lated in the UDHR. However, its analysis or in community with others‖.3 From the word- line assumedly under the fear to be punished by a means of influencing the freedom of thought in leads to the conclusion that it cannot be ap- the Thought Police. But this mechanism hasn‘t the age of rapid scientific and technological evo- plicable to the right to freedom of thought. 2 International Covenant on Civil and Political Rights Adopted and opened for signature, ratification and proven to be successful. The collective character lution. This thesis calls for the necessity to re- Logically by no means can limitation of the accession by General Assembly resolution 2200A of the 1984 - Winston - is the best proof of its think and revise the legal mechanisms of protec- freedom of thought per se be necessary to (XXI) of 16 December 1966 entry into force 23 March 1976. inefficiency, which called the necessity for a new tion of the right to freedom of thought at interna- secure due recognition and respect for the 3 UN Human Rights Committee (HRC), CCPR General oppressive mechanism aimed at limiting the pos- tional and national levels in the light of risks Comment No. 22: Article 18 (Freedom of Thought, Conscience or Religion), 30 July 1993, CCPR/C/21/- sibility to exercise freedom of thought by re- posed by widely used new technologies and al- 1 UN General Assembly,Universal Declaration of Rev.1/Add.4, at: https://www.refworld.org/docid/- Human Rights, 10 December 1948, 217 A (III). 453883fb22.html.

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ing of the General Comment N 22, it could be the exigencies of the situation, provided that such concluded that the freedom of thought as envis- measures are not inconsistent with [states‘] other aged in article 18 should be interpreted as includ- obligations under international law‖. This ap- ing but not limited to personal beliefs or religious proach, in our opinion, might as well be condi- thought. At the same time, ICCPR establishes tioned by the narrower interpretation of the free- the permissible grounds for limitations in article doms enshrined in ECHR Article 9. In any case, 18 itself with a very precise wording applicable the absence of case-law interpretations on free- only to the limitation of the freedom to manifest dom of thought, in our opinion, should not be religion or beliefs. While ICCPR article 4, clause considered as leaving room for its limitation by 2 declares inter alia article 18 as non-derogable. states but rather as a sign that the natural freedom At the regional level, the European Con- is taken as granted and not requiring any specific vention of Human Rights (ECHR)4 regulates regulation or interpretation. freedom of thought in article 9 akin to analogical The African Charter on Human and Peo- provision of ICCPR. However, the analysis of ples Rights (ACHPR)7 guarantees the freedom the relevant literature, as well as the case-law of of conscience, the profession and free practice of the European Court of Human Rights (ECtHR) religion, freedom of information and freedom of leads us to the conclusion that concept of free- speech, freedoms of association, freedom of as- dom of thought in the meaning of ECHR is dif- sembly (articles 8-11) and other freedoms, re- ferent from that of article 18 of ICCPR. While maining silent on the freedom of thought. Does treating freedom of thought, conscience and reli- this mean that the guarantee of the freedom of gion as representing one of the foundations of a thought is perceived as meaningless? In the dis- ―democratic society‖ in the meaning of the cussion of the legal content of the right to free- ECHR,5 it implies from the relevant analysis that dom of thought, opinions have been expressed the freedom of thought is viewed as a narrow that freedom of thought should be understood as concept embracing only the religious aspects of a declarative norm rather than having a practical thought and moral convictions (White, Ovey, & meaning. Under such interpretation, the freedom Jacobs, 2010, pp. 402-424)6. As to limitations, of thought at best would be constituting freedom unlike the ICCPR article 4 on derogations, article implying no obligation of the state rather than a 15 clause 1 of ECHR does not include the provi- right with corresponding obligations. The sion on freedom of thought, conscience and reli- ACHPR, however, regulates the thought neither gion in the list of non-derogable rights, at the as a right nor even as freedom. same time envisaging that derogations should be Unlike the ACHPR the American Conven- allowed only ―to the extent strictly required by tion on Human Rights (ACHR)8 stipulates the

protection of the right to the freedom of thought 4 Convention for the Protection of Human Rights and and does so with an ―Orwellian approach‖ in its Fundamental Freedoms (ECHR), Rome, 4.XI.1950, CoE. 5 Kokkinakis v Greece, 25 May 1993, App. 14307/88. 7 Organization of African Unity (OAU), African Char- 6 Also see in general: Guide on Article 9 of the Europe- ter on Human and Peoples‘ Rights (―Banjul Charter‖), an Convention on Human Rights: Freedom of 27 June 1981, CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 thought, conscience and religion Council of Europe/ (1982). European Court of Human Rights (2019) at: https:- 8 Organization of American States (OAS), American //www.echr.coe.int/Documents/Guide_Art_9_ENG.p Convention on Human Rights, ―Pact of San Jose‖, df. Costa Rica, 22 November 1969.

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ing of the General Comment N 22, it could be the exigencies of the situation, provided that such article 13 titled ―Freedom of thought and expres- gency that threatens the independence or security concluded that the freedom of thought as envis- measures are not inconsistent with [states‘] other sion‖, thus, directly linking the protection of the of a State Party [… and only…], provided that aged in article 18 should be interpreted as includ- obligations under international law‖. This ap- freedom of thought to the freedom of expression. such measures are not inconsistent with its other ing but not limited to personal beliefs or religious proach, in our opinion, might as well be condi- Article 13 clauses 1 and 2 state: obligations under international law and do not thought. At the same time, ICCPR establishes tioned by the narrower interpretation of the free- ―1. Everyone has the right to freedom of involve discrimination on the ground of race, the permissible grounds for limitations in article doms enshrined in ECHR Article 9. In any case, thought and expression. This right includes free- colour, sex, language, religion, or social origin‖ 18 itself with a very precise wording applicable the absence of case-law interpretations on freedom to seek, receive, and impart information and as envisaged in ACHR article 27. only to the limitation of the freedom to manifest dom of thought, in our opinion, should not be ideas of all kinds, regardless of frontiers […] religion or beliefs. While ICCPR article 4, clause considered as leaving room for its limitation by 2. The exercise of the right provided for in Freedom of Thought in 2 declares inter alia article 18 as non-derogable. states but rather as a sign that the natural freedom the foregoing paragraph shall not be subject to Constitutions At the regional level, the European Con- is taken as granted and not requiring any specific prior censorship but shall be subject to subse- vention of Human Rights (ECHR)4 regulates regulation or interpretation. quent imposition of liability, which shall be ex- The analysis of randomly selected constitu- freedom of thought in article 9 akin to analogical The African Charter on Human and Peo- pressly established by law to the extent necessary tions of different states shows that there is no provision of ICCPR. However, the analysis of ples Rights (ACHPR)7 guarantees the freedom to ensure: a) respect for the rights or reputations uniform approach towards regulation of the free- the relevant literature, as well as the case-law of of conscience, the profession and free practice of of others; or b) the protection of national securi- dom of thought at the national level. It also the European Court of Human Rights (ECtHR) religion, freedom of information and freedom of ty, public order, or public health or morals‖. seems that belonging to the given state to a cer- leads us to the conclusion that concept of free- speech, freedoms of association, freedom of as- As we can see, the first sentence of article tain system of human rights protection does not dom of thought in the meaning of ECHR is dif- sembly (articles 8-11) and other freedoms, re- 13, clause 1 guarantees the right to the freedom significantly influence the constitutional level ferent from that of article 18 of ICCPR. While maining silent on the freedom of thought. Does of thought, implying state obligation for its pro- regulation of the freedom of thought. Thus, for treating freedom of thought, conscience and reli- this mean that the guarantee of the freedom of tection. Then the second sentence may seem to instance, in the constitutions of Bulgaria (article gion as representing one of the foundations of a thought is perceived as meaningless? In the dis- narrow down the protection to the freedoms of 37), Estonia (article 40), Latvia (article 99), Ma- ―democratic society‖ in the meaning of the cussion of the legal content of the right to free- expression and information. In our opinion, lawi (article 33), Namibia (article 21), Rwanda ECHR,5 it implies from the relevant analysis that dom of thought, opinions have been expressed however, this would be just the prima facie de- (article 37), Slovakia (article 24) the freedom of the freedom of thought is viewed as a narrow that freedom of thought should be understood as termination of the scope of the freedom: because thought is regulated in the same provision with concept embracing only the religious aspects of a declarative norm rather than having a practical it does not limit the freedom of thought and ex- the freedoms of conscience, religion, faith or be- thought and moral convictions (White, Ovey, & meaning. Under such interpretation, the freedom pression only to freedom to seek, receive, and lief. In article 54 of the Cuban Constitution, the Jacobs, 2010, pp. 402-424)6. As to limitations, of thought at best would be constituting freedom impart information and ideas but rather includes freedom of thought is regulated in line with free- unlike the ICCPR article 4 on derogations, article implying no obligation of the state rather than a the latter freedoms into the legal content of the dom of conscience and freedom of expression. 15 clause 1 of ECHR does not include the provi- right with corresponding obligations. The freedom of thought and expression. The ACHR The Constitution of Morocco regulates the free- sion on freedom of thought, conscience and reli- ACHPR, however, regulates the thought neither article 13 clause 4 does not allow any prior limi- dom of thought in the same clause with the free- gion in the list of non-derogable rights, at the as a right nor even as freedom. tations to the freedom, except public entertain- dom of opinion and expression (article 25). In same time envisaging that derogations should be Unlike the ACHPR the American Conven- ments by law for the sole purpose of regulating article 30 of the Constitution of Niger the free- allowed only ―to the extent strictly required by tion on Human Rights (ACHR)8 stipulates the access to them for the moral protection of child- dom of thought, opinion, expression, conscience,

protection of the right to the freedom of thought hood and adolescence, ―any propaganda for war religion and worship are regulated together. The 4 Convention for the Protection of Human Rights and and does so with an ―Orwellian approach‖ in its and any advocacy of national, racial, or religious Constitution of Chile guarantees the freedom of Fundamental Freedoms (ECHR), Rome, 4.XI.1950, CoE. hatred that constitute incitements to lawless vio- conscience, expression of belief and the manifes- 5 Kokkinakis v Greece, 25 May 1993, App. 14307/88. 7 Organization of African Unity (OAU), African Char- lence or to any other similar action against any tation of religion (article 19), and there is no 6 Also see in general: Guide on Article 9 of the Europe- ter on Human and Peoples‘ Rights (―Banjul Charter‖), an Convention on Human Rights: Freedom of 27 June 1981, CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 person or group of persons on any grounds…‖ as mentioning of the freedom of thought. The Ger- thought, conscience and religion Council of Europe/ (1982). stipulated in article 13 clause 5 of ACHR, and man Constitution envisages inter alia the free- European Court of Human Rights (2019) at: https:- 8 Organization of American States (OAS), American //www.echr.coe.int/Documents/Guide_Art_9_ENG.p Convention on Human Rights, ―Pact of San Jose‖, ―in time of war, public danger, or another emer- dom of faith and conscience in its article 4, free- df. Costa Rica, 22 November 1969.

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dom of expression, arts and sciences in article 5 rights standards. A similar approach is undertak- with no mentioning of the freedom of thought. In en in the Constitution of the Russian Federation, the constitutions of Greece, Peru, Poland, Portu- also providing the possibility of restricting the gal, Belarus, Cameroon, Tanzania, a similar ap- relevant freedoms in emergency situations (arti- proach is undertaken, and the freedom of thought cle 55, clause 3 and article 56). The Constitution is absent from regulations. Freedom of thought is of Cuba envisages in article 54 as a limitation not specifically regulated also in the Constitution clause that ―conscientious objection may not be of the USA, however, in several instances, the invoked with the intention of evading compli- freedom was acknowledged to get absolute pro- ance with the law or impeding another from the tection by virtue of the First Amendment to the exercise of their rights‖. US Constitution.9 The wording of the relevant In the given context, it is interesting to ana- provisions of the constitutions of Latvia (article lyze also the evolution of the legal regulation of 99), Malawi (article 33), Niger (article 30), South the right to freedom of thought in the Constitu- Africa (article 15) explicitly envisage the free- tion of the Republic of Armenia (RoA). Freedom dom of thought as a right, in constitutions of of thought has been envisaged by all three edi- some other states, it is stipulated as freedom tions of the RoA Constitution: namely article 23 however clearly implying the corresponding ob- in the 1995 edition, article 26 in the 2005 edition, ligation of the state to guarantee it.10 Different and article 41 in the 2015 edition. The RoA Con- approaches are undertaken by states also with stitution of the 1995 edition stipulated: ―every- regard to restriction and derogation clauses. one is entitled to freedom of thought, conscience, Thus, for instance, in Bulgaria (articles 37 and and religion.‖ The freedom of thought was stated 57) and Estonia (articles 40 and 130), the consti- as non-derogable and not subject to any re- tutions provide no possibility for derogation or strictions, while the freedom to exercise religion restriction of the freedom of thought. The consti- and beliefs could be restricted by law on the tutions of Malawi (article 44) and Namibia (arti- grounds prescribed in the Constitution. This pro- cle 21) envisage general grounds for reasonable vision was amended in 2005, and then new restrictions of rights and freedoms by law, which wording envisaged: ―Everyone shall have the are in consistence with international human right to freedom of thought, conscience and religion. This right shall include freedom to change 9 For example, US Supreme Court Justice Black in his religion or belief, and freedom — either individ- concurring opinion in Wieman v. Updegraff decision of 15 December 1952 stated: ―Framers rested our First ually or in community with others — to manifest Amendment on the premise that the slightest suppres- them in preaching, church ceremonies and other sion of thought, speech, press, or public assembly is still more dangerous‖ (p.194), and in dicta of the deci- rites of worship. The manifestation of this right sion Lawrence vs Texas of 26 June 2003 the US Su- preme Court mentioned that ―liberty presumes an au- may be limited only by law, where it is necessary tonomy of self that includes freedom of thought, be- to protect the public safety, health, morals or the lief, expression, and certain intimate conduct‖ (para.1). rights and freedoms of others.‖ Prima facie it 10 This is the case, for instance, in article 54 of the Con- might seem unclear from the wording of the stitution of Cuba, article 25 of the Constitution of Mo- rocco, article 37 of the Constitution of Rwanda, article RoA Constitution of 2005 edition whether the 24 of the Constitution of Slovakia, article 29 of the provided grounds for limitation are applicable Constitution of the Russian Federation, article 33 of the Constitution of the Republic of Belarus, articles 14 only to the conscience and religious freedom, or and 40 of the Constitution of Estonia.

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dom of expression, arts and sciences in article 5 rights standards. A similar approach is undertak- to the freedom of thought as well. However, the however, seems to be an unreasonable interpreta- with no mentioning of the freedom of thought. In en in the Constitution of the Russian Federation, keyword of the restriction clause, in our opinion, tion first and foremost because such interpreta- the constitutions of Greece, Peru, Poland, Portu- also providing the possibility of restricting the is the word ―manifestation‖. In other words, the tion would be viewed as conflicting with the gal, Belarus, Cameroon, Tanzania, a similar ap- relevant freedoms in emergency situations (arti- limitation clause provides grounds only for limit- RoA international legal obligations in the proach is undertaken, and the freedom of thought cle 55, clause 3 and article 56). The Constitution ing the manifestation of the right rather than the framework of article 5 clause 3 and article 81 of is absent from regulations. Freedom of thought is of Cuba envisages in article 54 as a limitation right itself. According to the authoritative doctri- the RoA Constitution. Thus, despite the vague- not specifically regulated also in the Constitution clause that ―conscientious objection may not be nal interpretation of the given constitutional pro- ness of the wording we are inclined to apply to of the USA, however, in several instances, the invoked with the intention of evading compli- vision thought is described as a natural character- article 41 the same interpretation as in case of the freedom was acknowledged to get absolute pro- ance with the law or impeding another from the istic of human beings, the basis for their spiritual wording of article 26 in the 2005 edition of the tection by virtue of the First Amendment to the exercise of their rights‖. life and spiritual freedom, which cannot be sub- Constitution. US Constitution.9 The wording of the relevant In the given context, it is interesting to ana- ject to legal regulation as such simply because provisions of the constitutions of Latvia (article lyze also the evolution of the legal regulation of the thought per se cannot be limited (Harutyun- Restriction of the Freedom 99), Malawi (article 33), Niger (article 30), South the right to freedom of thought in the Constitu- yan & Vagharshyan, 2010, pp. 297-298). Thus, of Thought Africa (article 15) explicitly envisage the free- tion of the Republic of Armenia (RoA). Freedom these commentaries also lead us to the conclu- dom of thought as a right, in constitutions of of thought has been envisaged by all three edi- sion that the mentioned limitations clause cannot Hobbes (as cited in Lemetti, 2012, p. 174) some other states, it is stipulated as freedom tions of the RoA Constitution: namely article 23 be interpreted as applicable to the freedom of describing the natural freedom of thought in his however clearly implying the corresponding ob- in the 1995 edition, article 26 in the 2005 edition, thought. The latest amendments to the RoA Con- Leviathan wrote: ―internal faith is in its own na- ligation of the state to guarantee it.10 Different and article 41 in the 2015 edition. The RoA Con- stitution were adopted in 2015, also altering the ture invisible and, consequently, exempted from approaches are undertaken by states also with stitution of the 1995 edition stipulated: ―every- wording of the provision on the right to freedom all human jurisdiction. regard to restriction and derogation clauses. one is entitled to freedom of thought, conscience, of thought, conscience and religion. Article 41 of Through centuries the thought has been Thus, for instance, in Bulgaria (articles 37 and and religion.‖ The freedom of thought was stated the RoA Constitution stipulates: perceived as an element of the inner world of the 57) and Estonia (articles 40 and 130), the consti- as non-derogable and not subject to any re- ―1. Everyone shall have the right to freedom ―thinker‖, the intangible product of the mental tutions provide no possibility for derogation or strictions, while the freedom to exercise religion of thought, conscience and religion. This right process in the brain of a person known only to restriction of the freedom of thought. The consti- and beliefs could be restricted by law on the shall include the freedom to change religion or that person until the moment of its expression in tutions of Malawi (article 44) and Namibia (arti- grounds prescribed in the Constitution. This pro- belief and, either alone or in community with one way or another, and, thus, reasonably not cle 21) envisage general grounds for reasonable vision was amended in 2005, and then new others and in public or in private, the freedom to subject to any regulation or limitation by state restrictions of rights and freedoms by law, which wording envisaged: ―Everyone shall have the manifest them in preaching, church ceremonies, (Bublitz, 2014, pp.1-3). Such perception of are in consistence with international human right to freedom of thought, conscience and reli- other rites of worship or in other forms. 2. The thought served basis for leaving the freedom gion. This right shall include freedom to change expression of freedom of thought, conscience without regulation in the basic laws of some 9 For example, US Supreme Court Justice Black in his religion or belief, and freedom — either individ- and religion may be restricted only by law for the states. Such perception might also be the reason concurring opinion in Wieman v. Updegraff decision of 15 December 1952 stated: ―Framers rested our First ually or in community with others — to manifest purpose of state security, protecting public order, for limited doctrinal analysis on the right to free- Amendment on the premise that the slightest suppres- them in preaching, church ceremonies and other health and morals or the basic rights and freedom of thought. The rapid evolution of science sion of thought, speech, press, or public assembly is still more dangerous‖ (p.194), and in dicta of the deci- rites of worship. The manifestation of this right doms of others‖. and technology, which is already merging with sion Lawrence vs Texas of 26 June 2003 the US Su- preme Court mentioned that ―liberty presumes an au- may be limited only by law, where it is necessary It is difficult to judge what the legal content once science fiction, make us rethink the use- tonomy of self that includes freedom of thought, be- to protect the public safety, health, morals or the of article 41 clause 2 is: i.e. does the term ―ex- lessness of the right to the freedom of thought lief, expression, and certain intimate conduct‖ (para.1). rights and freedoms of others.‖ Prima facie it pression of‖ apply to the freedom of thought and and the necessity to open a discussion on its legal 10 This is the case, for instance, in article 54 of the Con- might seem unclear from the wording of the conscience or is it linked only to the freedom of content, hypothetic grounds for and lawfulness stitution of Cuba, article 25 of the Constitution of Mo- rocco, article 37 of the Constitution of Rwanda, article RoA Constitution of 2005 edition whether the religion? It could be assumed that the freedom of of its limitation, as well as the evolution of the 24 of the Constitution of Slovakia, article 29 of the provided grounds for limitation are applicable thought is envisaged as potentially subject to re- law on the protection of the freedom of thought. Constitution of the Russian Federation, article 33 of the Constitution of the Republic of Belarus, articles 14 only to the conscience and religious freedom, or striction by law for certain listed purposes. This, There might be different hypothetic scenar- and 40 of the Constitution of Estonia.

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ios of intervention into the freedom of thought – We may witness or experience manipula- all interesting subject for discussion, however, in tion in our everyday life in the workplace, when the current paper, we would like to focus on ma- doing shopping, making (facilitating) choices nipulation as means of influencing the freedom about the government structure or participating of thought in the age of high technologies. in elections. Manipulations are always intention- Manipulation in and of itself is not a new al and manipulators also often acknowledge the phenomenon: it has always been used in order to unethical nature of their attempt to interfere with influence the decision-making process at all lev- the freedom of thought of a third person, and yet els. It is said that our reality is subjective, our it has always been and remains present in our expectations often shape the reality: we see what lives. So it would be naïve to assume that one we expect to see. Manipulation in our under- day, because of its unethical nature, manipula- standing is the process of misleading the infor- tions would stop taking place. But what has mation receiver by information control or selec- made current-day manipulation significantly dif- tive processing, and by this also determining the ferent from that of Wilde‘s age is the information behaviour of the information receiver, in order to and communication technologies and utilization make the latter form a certain opinion or idea, of AI for collecting and processing data, tracking make a certain decision or act in a certain way, and predicting individual and collective behav- and constituting direct intervention into the area iour, which makes psychological manipulation of freedom of thought. Manipulation becomes easier and less obvious (hidden), the expected easier if manipulator possesses comprehensive outcome more precisely predictable, the outcome information about the preferences, personal more targeted and large-scale, capable even of character, expectations, his/her belonging to a affecting public relations and government struc- certain group based on certain parameters, and tures. So if in case of single instances of manipu- about the environment of the information receiv- lation, i.e. intervention into the freedom of er. Regardless of whether the aim or cause of the thought domain of one person by another person, manipulator is good or bad manipulation is al- the state should not reasonably be expected to ways unethical. One of the most illustrative fic- have an obligation to protect the freedom of tional examples of manipulation could be con- thought of the person being influenced, in our sidered that of Dorian Grey by Lord Henry in opinion, the opposite assumption should be true Oscar Wilde‘s The Picture of Dorian Grey. when dealing with certain cases of large-scale ―There is no such thing as a good influence. All manipulation conducted by using new technolo- influence is immoral - immoral from the scien- gies. In casual interpersonal manipulation both: tific point of view. Because to influence a person the information receiver and the manipulator are is to give him one‘s own soul. He does not think in horizontal and symmetric relations. Both have his natural thoughts or burn with his natural pas- equal opportunities in seeking and receiving in- sions. His virtues are not real to him. His sins, if formation, choosing what information to impart, there are such things as sins, are borrowed. He what to believe in, and what to ignore, with becomes an echo of someone else‘s music, an whom to interact, etc. New information technol- actor of a part that has not been written for him‖ ogies and almost limitless possibilities of AI put (Wilde, 2011, p. 28). manipulator into a better position, transform the

WISDOM 1(14), 2020 138 138 Freedom of Thought: Legal Protection from Manipulation

ios of intervention into the freedom of thought – We may witness or experience manipula- nature of manipulator-information receiver rela- pp. 217-225).11 One of the approaches to address all interesting subject for discussion, however, in tion in our everyday life in the workplace, when tions into vertical and asymmetric. This, in our the issue of privacy is accepting the consequenc- the current paper, we would like to focus on ma- doing shopping, making (facilitating) choices opinion, calls the necessity for the state interven- es of the rapidly developing world and adapting nipulation as means of influencing the freedom about the government structure or participating tion to protect the ―weak‖ side from possible in- to the new situation. As the co-founder of Sun of thought in the age of high technologies. in elections. Manipulations are always intention- tervention into the freedom of thought. While Microsystems Scott McNealy famously said yet Manipulation in and of itself is not a new al and manipulators also often acknowledge the any manipulation in and of itself is immoral, we in 1999 to a group of reporters: ―You have zero phenomenon: it has always been used in order to unethical nature of their attempt to interfere with argue that large-scale intensive manipulation privacy anyway… Get over it‖ (Sprenger, 1999). influence the decision-making process at all lev- the freedom of thought of a third person, and yet (interference into the freedom of thought do- Later argued that these words were taken out of els. It is said that our reality is subjective, our it has always been and remains present in our main) by using special big data processing the context, however, in essence, this approach expectations often shape the reality: we see what lives. So it would be naïve to assume that one tools (including AI) with the aim to shape the not just has fairgrounds, but it has become even we expect to see. Manipulation in our under- day, because of its unethical nature, manipula- information receivers’ decision-making pro- more topical with the development of the new standing is the process of misleading the infor- tions would stop taking place. But what has cess in order to reach a certain (approximate- information technologies. The opposite ap- mation receiver by information control or selec- made current-day manipulation significantly dif- ly pre-calculated) outcome motivated by self- proach, i.e. attempt to regulate the use of new tive processing, and by this also determining the ferent from that of Wilde‘s age is the information interest is not just immoral but also unlawful. technologies and balance it with the right to pri- behaviour of the information receiver, in order to and communication technologies and utilization Big data is a term used to describe large and vacy, has also been considered. One suggested make the latter form a certain opinion or idea, of AI for collecting and processing data, tracking inter-connected data with high volume and a solution has been the ―privacy by design‖ con- make a certain decision or act in a certain way, and predicting individual and collective behav- wide variety of information, as well as high cept aimed at ensuring privacy protection ex-ante and constituting direct intervention into the area iour, which makes psychological manipulation speed of collecting and processing (McGregor, and included in the design of the new technolo- of freedom of thought. Manipulation becomes easier and less obvious (hidden), the expected Calderón, & Tonelli, 2013, p. 1). Data mining gy. This concept got pioneered by Ann Cavouki- easier if manipulator possesses comprehensive outcome more precisely predictable, the outcome and pooling tools allow to aggregate and com- an, formerly Ontario‘s Information and Privacy information about the preferences, personal more targeted and large-scale, capable even of bine the large quantity of information from many Commissioner, who also elaborated seven prin- character, expectations, his/her belonging to a affecting public relations and government struc- different sources and collected by different, in ciples of privacy by design: proactive and pre- certain group based on certain parameters, and tures. So if in case of single instances of manipu- one way or another, interconnected agencies, the ventative, privacy as the default setting, privacy about the environment of the information receiv- lation, i.e. intervention into the freedom of so-called data warehouses, to then integrate and embedded into the design, full functionality – er. Regardless of whether the aim or cause of the thought domain of one person by another person, analyse it, categorize the useful information and positive-sum, end-to-end security – full lifecycle manipulator is good or bad manipulation is al- the state should not reasonably be expected to identify individual and collective characteristics protection, visibility and transparency, user- ways unethical. One of the most illustrative fic- have an obligation to protect the freedom of and features, as well as trace behavioural trends, centric approach (Birnhack, Toch, & Hadar, tional examples of manipulation could be con- thought of the person being influenced, in our while these patters, in their turn can be either fo- 2014, pp. 55-114). Another very striking exam- sidered that of Dorian Grey by Lord Henry in opinion, the opposite assumption should be true cused or not, either applied on a wide-scale pop- ple of the balanced protection approach has been Oscar Wilde‘s The Picture of Dorian Grey. when dealing with certain cases of large-scale ulation or targeted at a certain group depending the adoption of General Data Protection Regula- ―There is no such thing as a good influence. All manipulation conducted by using new technolo- on the aim of data analysis (Kulhari, 2018, pp. tion (GDPR) implemented in May 2018 and ap- influence is immoral - immoral from the scien- gies. In casual interpersonal manipulation both: 26-27; McGregor, Calderón, & Tonelli, 2013, plicable to the territory of all European Union tific point of view. Because to influence a person the information receiver and the manipulator are p.1). It has been widely discussed that data min- (EU) member states.12 After the GDPR adoption, is to give him one‘s own soul. He does not think in horizontal and symmetric relations. Both have ing, pooling and its subsequent (automated or his natural thoughts or burn with his natural pas- equal opportunities in seeking and receiving in- human) processing often fairly raise questions in 11 See also Data mining, dog sniffs and the fourth amendment, Harvard Law Review Association, HLR sions. His virtues are not real to him. His sins, if formation, choosing what information to impart, the context of posing risks to person‘s privacy Vol. 128, No.2 (December 2014), pp. 697-698. there are such things as sins, are borrowed. He what to believe in, and what to ignore, with (Fienberg, 2006, pp. 143-154; Pavolotsky, 2013, 12 European Union (2018). General Data Protection Regulation, 2016/679 of the European Parliament and becomes an echo of someone else‘s music, an whom to interact, etc. New information technol- of the Council of 27 April 2016 on the protection of actor of a part that has not been written for him‖ ogies and almost limitless possibilities of AI put natural persons with regard to the processing of personal data and on the free movement of such data, and (Wilde, 2011, p. 28). manipulator into a better position, transform the repealing Directive 95/46/EC, at: https://eurlex.euro- pa.eu/eli/reg/2016/679/oj.

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many states also outside the EU have taken steps the main tool for generating government struc- to improve respective legislation on data protec- ture changes, like Arab Spring dubbed as ―Revo- tion. This movement is reaching even the USA lution 2.0‖ (Hochwald, 2013, pp. 21-27). (Serrato, Cwalina, Rudawski, Coughlin, & Far- These trends reasonably give rise to the le- delmann, 2018). gal discussions concerning the protection of the With massive discussions still ongoing freedom of thought. Interestingly, unlike the Or- states can choose between the ―zero privacy‖ wellian approach to possible limitation of the approach and regulation of the field to protect freedom of thought through restricting the free- privacy, inter alia, in accordance with interna- dom of expression, nowadays a shift took place tional human rights standards. The situation is often arguing the lawfulness of factual limitation different with balancing the application of new of the freedom of thought by the necessity to en- information technologies and mental autonomy. sure the freedom of expression. This argument, Discussions on the necessity to view the applica- however, does not seem to be well-grounded. In tion of automated data processing techniques our opinion, the protection of the freedom of inter alia in the light of freedom of thought, and thought does not need to be realised by imposing the ―challenges to cognitive sovereignty‖ have unbalanced or unlawful restrictions to the free- started to take place recently with a focus on dom of expression, but rather imposing only rea- such aspects as possible future AI application, sonable, necessary and proportional limitations. for instance, equipment capable of reading the A number of organizational and legislative mind of a person through the interface (McCar- measures at national and international levels thy-Jones, 2019; Gilbert, 2019) or manipulation could be undertaken by the state and businesses strategies used by social media (Băncău-Burcea, in order to ensure full and effective protection of 2017). The legal regulation of the first scenario the right to freedom of thought. would be necessary but more pre-emptive and proactive in nature, and the second scenario, in What could and should be done to Protect our opinion, remains in the domain of social me- Freedom of Thought: Summing up dia ethics. In the meantime, ―Big Techs‖ like Facebook and Google already today have very The absolute nature of the right to freedom significant power exerted from the bottom up, of thought in International Human Rights Law via the advanced technologies, the so-called sur- (IHRL) and the states‘ obligation to ensure and veillance capitalism, which ―allows them to di- protect it against violations call for the necessity vide and conquer us in ways that the oligarchs of of specific measures at international and national the past could only dream about‖ (Foroohar, levels to address the risks in the context of wide- 2019). ―Domination!‖ was the proclamation with spread utilization of new technologies and algo- which, as reported, Mark Zuckerberg used to end rithmic processes. meetings in the early years of Facebook At the universal level, the ICCPR regula- (Kuchler, 2019). Indeed, recently we have often tions ensure full protection of the freedom of been hearing that social media is influencing the thought, while the regional level protection results of elections, such as Cambridge Analytica seems to have room for improvement and updat- scandal (Confessore, 2018), or that it served as ed interpretation.

WISDOM 1(14), 2020 140 140 Freedom of Thought: Legal Protection from Manipulation

many states also outside the EU have taken steps the main tool for generating government struc- The necessity of enhancing the freedom of cial emphasis on political and electoral process- to improve respective legislation on data protec- ture changes, like Arab Spring dubbed as ―Revo- thought protection has already been emphasized es, research and raising awareness campaign, etc. tion. This movement is reaching even the USA lution 2.0‖ (Hochwald, 2013, pp. 21-27). by the Council of Europe (CoE) member states. The Draft Recommendations, in their turn, stipu- (Serrato, Cwalina, Rudawski, Coughlin, & Far- These trends reasonably give rise to the le- Thus, acknowledging that machine learning late details of the suggested cope of the obliga- delmann, 2018). gal discussions concerning the protection of the technologies and tools can be used to predict tion of the states and responsibilities of the busi- With massive discussions still ongoing freedom of thought. Interestingly, unlike the Or- choices, influence thoughts and subject people to nesses with respect to rights and freedoms in the states can choose between the ―zero privacy‖ wellian approach to possible limitation of the manipulation, CoE has called on member states context of advanced algorithmic systems. approach and regulation of the field to protect freedom of thought through restricting the free- to address the risk in February 2019. As a result, Additional measures at European level, in privacy, inter alia, in accordance with interna- dom of expression, nowadays a shift took place a Declaration on manipulative capabilities of al- our opinion, should include: broader interpretational human rights standards. The situation is often arguing the lawfulness of factual limitation gorithmic processes (Declaration)13 was adopted tion of ECHR article 9 in the framework of EC- different with balancing the application of new of the freedom of thought by the necessity to en- along with further draft recommendations of the tHR case-law to define ―thought‖ as including all information technologies and mental autonomy. sure the freedom of expression. This argument, Committee of Ministers (Draft Recommenda- aspects of thought not limited to a religious con- Discussions on the necessity to view the applica- however, does not seem to be well-grounded. In tions) to member-states addressing the impacts text. As it was first acknowledged in Tyrer case, tion of automated data processing techniques our opinion, the protection of the freedom of of algorithms on human rights14. The Declara- ECHR is a ―living instrument‖, and its interpreta- inter alia in the light of freedom of thought, and thought does not need to be realised by imposing tion, as reflected in its paragraph 9, encourages tion should be adopted to the current-day condi- the ―challenges to cognitive sovereignty‖ have unbalanced or unlawful restrictions to the free- member states to address the risks to human tions.15 Such approach also referred as the prin- started to take place recently with a focus on dom of expression, but rather imposing only rea- rights by, inter alia, ―initiating, within appropri- ciple of effectiveness, is dictated by the necessity such aspects as possible future AI application, sonable, necessary and proportional limitations. ate institutional frameworks, open-ended, in- to give the rights and freedoms of the ECHR for instance, equipment capable of reading the A number of organizational and legislative formed and inclusive public debates with a view ―fullest weight and effect consistent with the mind of a person through the interface (McCar- measures at national and international levels to providing guidance on where to draw the line language used and with the rest of the text and in thy-Jones, 2019; Gilbert, 2019) or manipulation could be undertaken by the state and businesses between forms of permissible persuasion and such a way that every part of it can be given strategies used by social media (Băncău-Burcea, in order to ensure full and effective protection of unacceptable manipulation. The latter may take meaning‖ (Merrills, J. as cited in White, Ovey, & 2017). The legal regulation of the first scenario the right to freedom of thought. the form of influence that is subliminal, exploits Jacobs, 2010, p. 73). It seems to be the right time would be necessary but more pre-emptive and existing vulnerabilities or cognitive biases, and/ to give meaning to the word ―thought‖ in article proactive in nature, and the second scenario, in What could and should be done to Protect or encroaches on the independence and authen- 9 via case-law. Such developments could, cer- our opinion, remains in the domain of social me- Freedom of Thought: Summing up ticity of individual decision-making; [as well as] tainly, be facilitated by the evolution of CoE soft dia ethics. In the meantime, ―Big Techs‖ like taking appropriate and proportionate measures to law. Facebook and Google already today have very The absolute nature of the right to freedom ensure that effective legal guarantees are in place As the ACHPR does not specifically regu- significant power exerted from the bottom up, of thought in International Human Rights Law against such forms of illegitimate interference‖. late the freedom of thought, regional initiatives via the advanced technologies, the so-called sur- (IHRL) and the states‘ obligation to ensure and The Declaration also stresses the need to put in could be launched aimed at analysing and as- veillance capitalism, which ―allows them to di- protect it against violations call for the necessity place a stronger regulatory body or to take other sessing the data on the use of specific technolo- vide and conquer us in ways that the oligarchs of of specific measures at international and national measures for oversight and monitoring with spe- gies or algorithmic processes with capacities to the past could only dream about‖ (Foroohar, levels to address the risks in the context of wide- influence decision-making. The results of such

2019). ―Domination!‖ was the proclamation with spread utilization of new technologies and algo- 13 Declaration by the Committee of Ministers on the analysis could then serve as the basis for drafting which, as reported, Mark Zuckerberg used to end rithmic processes. manipulative capabilities of algorithmic processes legal regulations ensuring full and effective pro- (Adopted by the on 13 February 2019) Decl. meetings in the early years of Facebook At the universal level, the ICCPR regula- (13/02/2019)1. tection of the freedom of thought. (Kuchler, 2019). Indeed, recently we have often tions ensure full protection of the freedom of 14 Committee of experts on human rights dimensions As to the ACHR, it might be interpreted as of automated data processing and different forms of been hearing that social media is influencing the thought, while the regional level protection artificial intelligence (MSI-AUT), Addressing the having relevant guarantees for ensuring full pro- results of elections, such as Cambridge Analytica seems to have room for improvement and updat- impacts of Algorithms on Human Rights Draft Recommendation of the Committee of Ministers to scandal (Confessore, 2018), or that it served as ed interpretation. member States on the human rights impacts of al- 15 Tyrer vs United Kingdom, ECtHR (App.5856/72) 25 gorithmic systems (status – draft, 2018). April 1978, para. 31.

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tection of the freedom of thought embedded in dignity. States, where freedom of thought is article 13. Thus, the wording of the third para- guaranteed by the constitution should carefully graph of the ACHR article 13 could be interpret- choose the wording making sure that it leaves no ed broadly as a relevant tool for protecting the room for misinterpretation of the scope of pro- freedom of thought. According to the mentioned tection of the right to the freedom of thought in clause ―indirect methods or means of restriction, consistence with their international legal obliga- including abuse of government or private con- tions. trols over newsprint, radio broadcasting frequen- States should, in our opinion, also take addi- cies, or equipment used in the dissemination of tional efforts to enhance their national legislation information, or by any other means tending to with mechanisms aimed at full and effective pro- impede the communication and circulation of tection of the freedom of thought. One such ideas and opinions‖. This regulation is, prima measure could be envisaging legal responsibility facie, aimed at ensuring full exercise of the right (liability) for large-scale intensive manipulation to information rather than the freedom of thought (interference into the freedom of thought do- as such: dealing with the freedom of thought main) by using special big data processing tools from the Orwellian perspective. However, taking (including AI) aimed at shaping the information into account that the development of ACHR receivers‘ decision-making process and by that takes place through its interpretation, which in its resulting in a certain (approximately pre-calcu- turn shall keep pace with the current develop- lated) outcome and motivated by any form of ments, it could as well be argued that the prohibi- self-interest. The described situation imposes tion of ―equipment used in the dissemination of positive obligations on the state to protect people information or any other means tending to im- from possible violations against freedom of pede the communication and circulation of ideas thought. This approach seems to be necessary, and opinions‖ should be broadly interpreted as reasonable, proportionate and consistent to the applicable to and relevant for imposing re- international human rights standards. And im- strictions, inter alia, on targeting technologies posing liability for the already realized conduct and software which are technically capable of would ensure no unnecessary interference with selectively suiting people on the basis of data- the freedom of expression. driven profiling and by this indirectly impeding Other preventive legislative measures at the the circulation of ideas and opinions. state level could include: envisaging legislative At the national level, states could also un- requirement for the technology companies to dertake certain measures aimed at protection of embed the freedom of thought guarantees into the right to the freedom of thought. Thus, state the design of a technology or an algorithmic sys- constitutions represent the highest legal act by tem similar to ―privacy by design‖ concept. This which the freedom of thought could be guaran- could be done by default disclosure of all third teed. If the constitution of a given state is silent parties with whom the information provided by a on the right to freedom of thought, it should be person may be shared, all purposes of processing interpreted as acknowledging that right by the the data and receiving the periodic informed con- force of IHRL as a customary norm or a general sent of the platform user, or by means of inform- principle of law constituting the core of human ing him/her of the origins of the advertisement,

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tection of the freedom of thought embedded in dignity. States, where freedom of thought is video or any similar materials and indicating the nowledged that the freedom of expression is not article 13. Thus, the wording of the third para- guaranteed by the constitution should carefully parameters that served as a basis (reasons) for an absolute right and states have a certain margin graph of the ACHR article 13 could be interpret- choose the wording making sure that it leaves no showing the given content to the given platform of appreciation in lawfully limiting it, including ed broadly as a relevant tool for protecting the room for misinterpretation of the scope of pro- user, the patterns identified, including the latter‘s via legislation (this approach is reflected, inter freedom of thought. According to the mentioned tection of the right to the freedom of thought in belonging to a certain category of users based on alia, in the ICCPR article 19 clause 2, ECHR clause ―indirect methods or means of restriction, consistence with their international legal obliga- the relevant parameters – labelled as a targeted article 10 clause 2, ACHR article 13 clause 2). including abuse of government or private con- tions. advertisement in every such case. By contrast, as analysed supra, the freedom of trols over newsprint, radio broadcasting frequen- States should, in our opinion, also take addi- In our opinion states should also proceed thought, encompassing all matters, is an absolute cies, or equipment used in the dissemination of tional efforts to enhance their national legislation with stipulating restrictions or prohibition on the right to which no limitations and from which no information, or by any other means tending to with mechanisms aimed at full and effective pro- dissemination of targeting advertisement (con- derogations should be allowed. States have posi- impede the communication and circulation of tection of the freedom of thought. One such tent) concerning political and electoral processes, tive obligations to secure this right and protect it ideas and opinions‖. This regulation is, prima measure could be envisaging legal responsibility as well as the adoption of do-not-track laws, fake from violations not only by state agents but also facie, aimed at ensuring full exercise of the right (liability) for large-scale intensive manipulation news laws, and establishing independent over- by private persons or entities (White, Ovey, & to information rather than the freedom of thought (interference into the freedom of thought do- sight and monitoring mechanisms as comple- Jacobs, 2010, pp. 99-102). In other words, the as such: dealing with the freedom of thought main) by using special big data processing tools mentary measures. necessity to ensure the right to freedom of from the Orwellian perspective. However, taking (including AI) aimed at shaping the information Acknowledging the significant role of fake thought, in our opinion, could serve a legitimate into account that the development of ACHR receivers‘ decision-making process and by that news in facilitating large-scale manipulation (in- ground for imposing restrictions on the right to takes place through its interpretation, which in its resulting in a certain (approximately pre-calcu- ter alia with the use of automated data pro- freedom of expression given certain conditions turn shall keep pace with the current develop- lated) outcome and motivated by any form of cessing tools) a number of states have already are fulfilled. ments, it could as well be argued that the prohibi- self-interest. The described situation imposes taken action against online manipulation via fake The practice of do-not-track bills has al- tion of ―equipment used in the dissemination of positive obligations on the state to protect people news. Such actions include elaborating state ready been adopted in the USA. Thus, as a information or any other means tending to im- from possible violations against freedom of strategies and action plans, launching media lit- mechanism to ensure privacy and data protection pede the communication and circulation of ideas thought. This approach seems to be necessary, eracy campaigns, setting up government task Assembly of California has passed a bill, the so- and opinions‖ should be broadly interpreted as reasonable, proportionate and consistent to the forces, signing public-private agreements, setting called Do Not Track Bill (AB 370), on amending applicable to and relevant for imposing re- international human rights standards. And im- online reporting portals and fact-checking sites, California Online Privacy Protection Act.16 The strictions, inter alia, on targeting technologies posing liability for the already realized conduct adopting special legislation (Funke & Flamini, main purpose of the Act is to provide the Internet and software which are technically capable of would ensure no unnecessary interference with 2019). One of the toughest regulations on online users with the opportunity to opt out of online selectively suiting people on the basis of data- the freedom of expression. manipulation is the ―Protection from Online tracking schemes (McGregor, Calderón, & To- driven profiling and by this indirectly impeding Other preventive legislative measures at the Falsehoods and Manipulation Act‖ (POFMA), nelli, 2013, pp. 3-4). In May 2019 a similar piece the circulation of ideas and opinions. state level could include: envisaging legislative passed in May 2019 by the Parliament of Singa- of legislation to enact a national do-not-track sys- At the national level, states could also un- requirement for the technology companies to pore (Wong, 2019). Singapore has invoked tem and to limit the targeted advertisements was dertake certain measures aimed at protection of embed the freedom of thought guarantees into POFMA for the first time against Facebook introduced to the Senate (currently pending) by the right to the freedom of thought. Thus, state the design of a technology or an algorithmic sys- (Palma, 2019). POFMA and similar laws are privacy and freedom of choice pioneer Senator constitutions represent the highest legal act by tem similar to ―privacy by design‖ concept. This treated with caution for the risks to the freedom Josh Hawley.17 These kinds of initiatives not on- which the freedom of thought could be guaran- could be done by default disclosure of all third of expression. Indeed special care shall be taken teed. If the constitution of a given state is silent parties with whom the information provided by a by states to ensure that any action aimed against 16 State of California Assembly (2013). An act to amend on the right to freedom of thought, it should be person may be shared, all purposes of processing spreading online misinformation does not consti- Section 22575 of the Business and Professions Code, relating to consumers, available at: https://leginfo- interpreted as acknowledging that right by the the data and receiving the periodic informed con- tute a violation of the freedom of expression and .legislature.ca.gov/faces/billNavClient.xhtml?bill_id= force of IHRL as a customary norm or a general sent of the platform user, or by means of inform- is in consistence with international human rights 201320140AB370. 17 Hawley, J. (2019). A Bill to protect the privacy of in- principle of law constituting the core of human ing him/her of the origins of the advertisement, standards. At the same time, it should be ack- ternet users through the establishment of a national Do Not Track system, and for other purposes (S.

WISDOM 1(14), 2020 142 143 143 Davit HARUTYUNYAN, Lilit YEREMYAN

ly enhance privacy protection but also serve as tection against violations by the state or private supplementary tools for ensuring the right to companies. freedom of thought. Moreover, in the protection It should be acknowledged and ensured that of freedom of thought Senator Hawley has also the freedom of thought remains the right of every suggested passing a bill ―to prohibit social media person. ―Think for yourself and let others enjoy companies from using practices that exploit hu- the privilege of doing so too.‖ Voltaire (Essay on man psychology or brain psychology to substan- Tolerance). tially impede freedom of choice, to require social media companies to take measures to mitigate Conclusion the risks of the Internet addiction and psychological exploitation, and for other purposes‖.18 De- Freedom of thought is recognized as a fun- spite the almost no chances for the draft to be damental human right in a number of interna- approved, Josh Hawley‘s action is one more sig- tional and regional human rights instruments. At nal drawing attention to the necessity of thinking the same time at the national level, there is no of special mechanisms or regulations aimed at uniform approach towards regulation of the right enhancing the protection of the freedom of to freedom of thought. Thus, in constitutions of thought. some of the randomly selected states, the regula- In addition to the above-mentioned mea- tion of the freedom of thought is directly linked sures, in our opinion, action should also be to the freedoms of conscience, religion, faith or launched to make businesses and state agencies belief, or to the freedom of expression, in other responsible for data processing via specific algo- states the freedom of thought is at all absent from rithmic systems to elaborate and adopt business constitutional regulations. Similarly in some ethics rules specifically addressing the mecha- states, where the freedom of thought is guaran- nisms that are used to ensure the freedom of teed under the basic law, the relevant constitu- thought. An example of such mechanism could tional provision explicitly envisages the freedom be, for instance, providing every user with a right of thought as a right, in other states the freedom to access an interactive online chart with the en- of thought is stipulated as freedom however tire massive of depersonalized, categorized data- clearly implying the corresponding state obliga- bases and datasets with identification only of that tion to effectively ensure it. Some of the ana- given user. And last but not least, states should lyzed state constitutions provide no possibility ensure that the civil society is well aware of the for derogations or restriction of the freedom of legal content of the right to the freedom of thought, and others envisage generic grounds for thought in the context of new technologies, as reasonable restriction of all rights and freedoms well as familiarized with the means for its pro- in general (including the right to the freedom of thought) by law provided that such restrictions are in consistence with international human 1578), available at: https://www.congress.gov/bill/11- rights standards. 6th-congress/senatebill/1578/text. 18 Hawley, J. (2019). Draft Bill ―Social Media Addiction While the right to freedom of thought is un- Reduction Technology Act‖ (SMART), LYN19429, doubtedly perceived as an absolute right to (para.1), available at: https://www.hawley.senate.- gov/sites/default/files/2019-07/Social-Media-Addic- which no restrictions are possible in practice, the tionReduction-Technology-Act.pdf/.

WISDOM 1(14), 2020 144 144 Freedom of Thought: Legal Protection from Manipulation

ly enhance privacy protection but also serve as tection against violations by the state or private rapid technological and scientific development, Birnhack, M., Toch, E., & Hadar, I. (2014). Pri- supplementary tools for ensuring the right to companies. in our opinion, calls for the necessity of evolu- vacy Mindset, Technological Mindset. freedom of thought. Moreover, in the protection It should be acknowledged and ensured that tion of the law on the protection of freedom of Jurimetrics, 1(55), 55-114. of freedom of thought Senator Hawley has also the freedom of thought remains the right of every thought, inter alia by revealing the legal content Bublitz, J. C. (2014). Freedom of Thought in the suggested passing a bill ―to prohibit social media person. ―Think for yourself and let others enjoy of the right to the freedom of thought in the pre- Age of Neuroscience: a Plea and a Pro- companies from using practices that exploit hu- the privilege of doing so too.‖ Voltaire (Essay on sent-day realities, as well as determining the posal for the Renaissance of a Forgot- man psychology or brain psychology to substan- Tolerance). scope of positive obligations of the state to en- ten Fundamental Right. Archives for tially impede freedom of choice, to require social sure its full and effective protection. This argu- Philosophy of Law and Social Philoso- media companies to take measures to mitigate Conclusion ment becomes specifically topical in the context phy, 1(100), 1-3. the risks of the Internet addiction and psycholog- of using machine learning technologies and tools Confessore, N. (2018, April 4). Cambridge Ana- ical exploitation, and for other purposes‖.18 De- Freedom of thought is recognized as a fun- for large-scale data processing aimed at reaching lytica and Facebook: The Scandal and spite the almost no chances for the draft to be damental human right in a number of interna- a certain outcome motivated by self-interest, i.e. the Fallout So Far. The New York Ti- approved, Josh Hawley‘s action is one more sig- tional and regional human rights instruments. At large-scale manipulation facilitated by the use of mes. Retrieved from: https://www.ny- nal drawing attention to the necessity of thinking the same time at the national level, there is no new technologies (including AI). We conclude times.com/2018/04/04/us/politics/cam- of special mechanisms or regulations aimed at uniform approach towards regulation of the right that while any manipulation in and of itself is bridge-analytica-scandal-fallout.html. enhancing the protection of the freedom of to freedom of thought. Thus, in constitutions of immoral, the large-scale intensive manipulation Fienberg, S. E. (2006). Privacy and Confidential- thought. some of the randomly selected states, the regula- (interference into the freedom of thought do- ity in an E-Commerce World: Data In addition to the above-mentioned mea- tion of the freedom of thought is directly linked main) by using special big data processing tools Mining Warehousing, Matching and sures, in our opinion, action should also be to the freedoms of conscience, religion, faith or with the aim to shape the information receivers‘ Disclosure Limitation. Statistical Sci- launched to make businesses and state agencies belief, or to the freedom of expression, in other decision-making process in order to reach a pre- ence, 2(21). A Special Issue on Statisti- responsible for data processing via specific algo- states the freedom of thought is at all absent from calculated outcome and motivated by self- cal Challenges and Opportunities in rithmic systems to elaborate and adopt business constitutional regulations. Similarly in some interest should also be interpreted as unlawful Electronic Commerce Research, 143- ethics rules specifically addressing the mecha- states, where the freedom of thought is guaran- under IHRL and, consequently, reflected in na- 154. nisms that are used to ensure the freedom of teed under the basic law, the relevant constitutional legislation. Such approach should be ad- Foroohar, R. (2019, December 8). How to Take thought. An example of such mechanism could tional provision explicitly envisages the freedom vanced by developing the interpretation of the Back Control from the Big Tech Bar- be, for instance, providing every user with a right of thought as a right, in other states the freedom right to freedom of thought regulations of rele- ons. Financial Times. Retrieved from: to access an interactive online chart with the en- of thought is stipulated as freedom however vant international treaties addressing the risks https://www.ft.com/content/1274db2e- tire massive of depersonalized, categorized data- clearly implying the corresponding state obliga- posed by technological development, as well as 1276-11ea-a7e6-62bf4f9e548a. bases and datasets with identification only of that tion to effectively ensure it. Some of the ana- by ensuring states undertake appropriate Funke, D., & Flamini, D. (2019). A Guide to given user. And last but not least, states should lyzed state constitutions provide no possibility measures to fulfil their positive obligation in pro- Anti-Misinformation Actions around ensure that the civil society is well aware of the for derogations or restriction of the freedom of tecting the absolute right to freedom of thought. the World. Retrieved January 2020 legal content of the right to the freedom of thought, and others envisage generic grounds for from: https://www.poynter.org/ifcn/an- thought in the context of new technologies, as reasonable restriction of all rights and freedoms REFERENCES ti-misinformation-actions/. well as familiarized with the means for its pro- in general (including the right to the freedom of Gilbert, B. (2019). Facebook Reportedly Spent thought) by law provided that such restrictions Băncău-Burcea, A. (2017). Social Media and More than $500 Million to Buy a are in consistence with international human Freedom of Thought. 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tech-ctrl-labs-acquisition-backlash- law-todayi. 2019-9. Orwell, G. (1949). 1984. Retrieved from: Harutyunyan, G. G., & Vagharshyan, A. G. https://www.planetebook.com/free- (Eds.). (2010). Hayastani Hanrapetut‘- ebooks/1984.pdf. yan Sahmanadrut‘yan meknabanut‘- Palma, S. (2019, November 29). Singapore Gov- yunner (Commentaries to the Constitu- ernment Orders Facebook to Correct tion of the Republic of Armenia, in Social Media Post. Financial Times. Armenian). Yerevan: ―Law‖. Retrieved from: https://www.ft.com- Hochwald, Th. (2013). How Do Social Media /content/1274db2e-1276-11ea-a7e6- Affect Intra-State Conflicts other than 62bf4f9e548a. War? Journal Connections, 12(3), 9- Pavolotsky, J. (2013). Privacy in the Age of Big 38. Data. The Business Lawyer, 69(1), 217- Kuchler, H. (2019, March 28). How Facebook 225. Grew Too Big to Handle. Financial Serrato, K. J., Cwalina, Ch., Rudawski, A., Times. Retrieved from: https://www.ft.- Coughlin, T., & Fardelmann, K. com/content/be723754-501c-11e9-9c- (2018). US States Pass Data Protection 76-bf4a0ce37d49. Laws on the Heels of the GDPR. Com- Kulhari, S. (2018). Building-Blocks of a Data pliance and Risk Management. Re- Protection Revolution: The Uneasy trieved from: https://www.dataprotec- Case for Blockchain Technology to Se- tionreport.com/2018/07/u-s-states-pass- cure Privacy and Identity. Nomos Ver- data-protection-laws-on-the-heels-of- lagsgesellschaft mbH. the-gdpr/. Lemetti, J. (2012). Historical Dictionary of Shaw, M.N. (2014). International Law (7th ed.). Hobbes‘s Philosophy. The Scarecrow Cambridge University Press. Press Inc. Sprenger, P. (1999). Sun on Privacy: ‗Get Over McCarthy-Jones, S. (2019, October 21). Free- It‘. Wired News. Retrieved from: https:- dom of Thought is Under Attack – //www.wired.com/1999/01/sun-on-pri- Here‘s How to Save Your Mind. The vacy-get-over-it/. Conversation. Retrieved from: https://- White, R. C. A., Ovey C., & Jacobs, F. G. theconversation.com/freedom-of-tho- (2010). Jacobs, White and Ovey: The ught-is-under-attack-heres-how-to-sa- European Convention on Human ve-your-mind-124379. Rights (5th ed.). Oxford University McGregor, V. K., Calderón S. H., & Tonelli R. Press. D. (2013, November). Big Data and Wilde, O. (2011). The Picture of Dorian Gray. Consumer Financial Information. Busi- Retrieved from: http://www.planetpub- ness Law Today (pp. 1-9). Retrieved lish.com/wp-content/uploads/2011/11- from: https://www.jonesday.com/en/- /ThePictureofDorianGrayNT.pdf. insights/2013/11/big-data-and-consu- Wong T. (2019, May 9). Singapore Fake News mer-financial-information-ibusiness- Law Polices Chats and Online Plat-

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WISDOM 1(14), 2020 146 147 147 Aghvan HOVSEPYAN

DOI: 10.24234/wisdom.v14i1.318 Aghvan HOVSEPYAN

PATRIOTISM AND ARMENIAN STATEHOOD IN THE NORMS OF ARMENIAN LAW

Abstract

The purpose of the article is to study and present the sources of Armenian law that contain provisions on patriotism and Armenian statehood. To achieve this goal, our task is to investigate the legal and patriotic labour standards of Hakob and Shahamir Shahamirian‘s Girk Anvanial Vorogayt Parats (Snare of Glory). It is no secret that the work ―Vorogayt Parats‖ is one of the most important documents of Armenian law, which for the first time in the reality of Armenia presents a holistic and orderly system of norms of various branches of law. As a result of the research were applied both scientific (analysis, the principle of historicity) and special (comparative-legal) methods. The study of the above mentioned legal and patriotic norms gives us the opportunity to conclude that they play a key role in the development of our national, legal, political thought and are a kind of value ra- diating patriotism.

Keywords: patriotism, Armenian law sources, formation of Armenian statehood, Vorogayt Parats, Shahamir Shahamirian, Artsakh, khamsa.

As we know, legal norms of customary law Shahamirians‘ ―Vorogayt Parats‖1, we will also have historically emerged after the formation of briefly address some legal norms containing pat- families; due to this, matriarchy, and then patri- riotism, democracy, humanity. archy formed. Based on family ties, tribes and The very existence of the state implies the clans were later formed. emergence of law and legal norms, and they are At the initial stage these were types of peo- interrelated. ples‘ communities, later, due to the emergence Historically the procedures of emergence and development of labour division and trading and development of the state and the law took relations, appeared state institutions with their place also on Armenian Highland. It was the mechanisms, leverages, supervision and enforce- Armenian world, where Armenian statehood ment bodies. Simultaneously, the legislative law arose and developed. emerged and developed. Labor refers to such sources of Armenian 1 law that contain patriotism. We will present the On how the social-philosophical, political-legal world- views of Armenian enlighteners of the XVIII century legal – patriotic norms of Hakob and Shahamir are considered in their main works, in particular Sha- hamir Shahamiryans ―Snare of Glory‖ (1773) see Hovhannisyan, 2001.

WISDOM 1(14), 2020 148 148 Patriotism and Armenian Statehood in the Norms of Armenian Law

DOI: 10.24234/wisdom.v14i1.318 In the Bible, the Armenian Highland was sitions and governing bodies, he was making Aghvan HOVSEPYAN the earthly paradise, where originated paradise appointments. The monarchic title was heredi- rivers – Araks (Genon), Tigris, Euphrates and tary. The Armenian monarchic dynasties and PATRIOTISM AND ARMENIAN STATEHOOD IN THE Pison (Jorokh) and where Adam and Eve had kings‘ forenames of the V-III millennia BC were NORMS OF ARMENIAN LAW settled for the first time (Nelson, 2010, p. 8). reflected on clay tablets. Armenian Highland was considered to be Clay inscription is depicting Armenian Ar- Abstract the land of legal knowledge and sacred rituals. amazd God as the ruler of the earth, waters and The climate, geographical location and the abun- sky demonstrating the attributes of his absolute The purpose of the article is to study and present the sources of Armenian law that contain provisions dance of natural resources created good condi- power. With his left leg, he leans to a seal – Law. on patriotism and Armenian statehood. tions for the emergence and development of Armenian legal thinking created numerous To achieve this goal, our task is to investigate the legal and patriotic labour standards of Hakob and crafts and trade. They, naturally, raised the need legal monuments, which had survived to us in Shahamir Shahamirian‘s Girk Anvanial Vorogayt Parats (Snare of Glory). It is no secret that the work for legal regulation of trade, economic, social the form of hieroglyphs, cuneiforms, stone obe- ―Vorogayt Parats‖ is one of the most important documents of Armenian law, which for the first time in and other relations. Necessarily, legal norms ap- lisks, scrolls, printed and manuscript press and in the reality of Armenia presents a holistic and orderly system of norms of various branches of law. peared and developed that regulated those rela- other forms and means. As a result of the research were applied both scientific (analysis, the principle of historicity) and spe- tions, the forms and mechanisms of their emer- Ancient philosopher and law-maker Shu- cial (comparative-legal) methods. gence and adoption. The demand for legal know- ruppak in his ―Admonitions‖ demands: ―Do not The study of the above mentioned legal and patriotic norms gives us the opportunity to conclude that ledge was subsequently developed. ignore the admonition that I give, do not break they play a key role in the development of our national, legal, political thought and are a kind of value ra- The state of Armenian forefathers was the speech that I speak‖. diating patriotism. called Aratta – Araratyan (―Ar‖ was the highest ―Do not violate your speech; your speech is God). The state was famous for its governing the basis what you beat with power that will ruin Keywords: patriotism, Armenian law sources, formation of Armenian statehood, Vorogayt Parats, structures and state mechanisms. you. Who will ruin houses, will stay under the Shahamir Shahamirian, Artsakh, khamsa. The creation of Armens‘ state relates to V- ruins. Who will rise against men, will be attacked IV millennia BC. In legends, Prince Hayk Aska- by men. Do not try to catch the water in your naz on the shores of Lake Van, after the victory hands, your will stay exhausted. Do not steal, do 1 over the Babylonian King Bel, joined the posses- not destroy yourself‖ (Lambert, 1996). As we know, legal norms of customary law Shahamirians‘ ―Vorogayt Parats‖ , we will also have historically emerged after the formation of briefly address some legal norms containing pat- sions of Armenian princes within the borders of It is notable that admonitions contain practi- families; due to this, matriarchy, and then patri- riotism, democracy, humanity. one kingdom, which was called Hayq-Hayastan- cal, domestic, philosophical, as well as legal archy formed. Based on family ties, tribes and The very existence of the state implies the Armenia. thoughts and rules, due to that we will consider clans were later formed. emergence of law and legal norms, and they are Thus, the foundation of Haykazuni King- them as legislative. Shuruppak attached great At the initial stage these were types of peo- interrelated. dom was led. It lasted for 1776 years, following importance to public opinion, public evaluations. ples‘ communities, later, due to the emergence Historically the procedures of emergence dynastic succession. Guarantees of the significance of a man he is and development of labour division and trading and development of the state and the law took The head of the state was the Ruler – mon- considering as redundancy, subordinate position arch. He obeyed Gods and personally communi- – ―Do not guarantee, in order not to stay depend- relations, appeared state institutions with their place also on Armenian Highland. It was the cated with them in the Holy Temple. The Ruler ent… Witness of a man is his city‖. mechanisms, leverages, supervision and enforce- Armenian world, where Armenian statehood as well was proclaimed God, he was the bearer Separate norms of ―admonitions‖, as we ment bodies. Simultaneously, the legislative law arose and developed. of absolute power, and only he could rededicate see, contain direct sanctions: ―Thief is a lion, and emerged and developed. to other persons or groups the implementation of a slave when caught‖. Labor refers to such sources of Armenian 1 certain parts of his power. The will of the Ruler Shuruppak treats with great respect the he- law that contain patriotism. We will present the On how the social-philosophical, political-legal world- views of Armenian enlighteners of the XVIII century had the force of law. He was prescribing rights roes: ―We should bow our heads to heroism‖. He legal – patriotic norms of Hakob and Shahamir are considered in their main works, in particular Sha- hamir Shahamiryans ―Snare of Glory‖ (1773) see and obligations, and he was creating official po- put heroes on the same level as the sun. Hovhannisyan, 2001.

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Law Code of Shulgi of Ar (Ur) – the Article 15: ―If a man has cut off another Legislator and Philosopher of the man‘s limb with a weapon, he is to pay ten shek- 22-21 Century BC els of silver‖. Article 19: ―If a man knocks out a tooth of In this law does not exist the principle of another man, he should pay 2 shekels of silver punishment ―an eye for an eye, a tooth for a for each tooth‖ (Ayvazyan, 2013, pp. 25-26; tooth‖, and instead of physical punishments, it Kramer, 1954, p. 23; Gurney & Kramer, 1965; prescribes material damage in the form of fines. Finkelstein, 1969). This is great progress in his times. It was consid- Bringing brief examples from ancient legal ered that physical punishments are not only in- norms, now we will specifically present Shaha- humane, but they also deprived people of work- mirian‘s ―Vorogayt Parats‖. In this treasury of ability and military service, i.e. of the ability to constitutional law, Shahamirians expressed all create goods and to participate in defence of the their conscious and subconscious patriotism. country.

―Vorogayt Parats‖ in 1760 was started and ticles, 25 per cent of which relate to constitution- in 1773 was completed by one of the world‘s top al law; particularly the legal norms referring to legal thinkers, the outstanding representative of power, governing bodies, their organization and Indian–Armenian colony Hakob Shahamirian. operation. This project should have become the His father, Shahamir Shahamirian, greatly constitution of the liberated Armenia he was helped and assisted him in creating the constitu- dreaming about, which would be proclaimed the tion. sovereignty of Armenian national statehood and Shahamirian titled his work ―Constitution apostolic church. for the governance of Armenians, Armenian This project of the Armenian constitution world‖, ―Vorogayt Parats‖. It consists of 521 ar- was created and published 14 years before the

WISDOM 1(14), 2020 150 150 Patriotism and Armenian Statehood in the Norms of Armenian Law

Law Code of Shulgi of Ar (Ur) – the Article 15: ―If a man has cut off another Constitution of the United States of America and swer the above-mentioned questions, let us ana- Legislator and Philosopher of the man‘s limb with a weapon, he is to pay ten shek- 18 years before the Constitution of France. It re- lyze some episodes of Armenian liberating 22-21 Century BC els of silver‖. mained a project because the Armenian libera- movement of the mentioned period. Article 19: ―If a man knocks out a tooth of tion movement did not end in victory. The recreation of Armenian statehood and In this law does not exist the principle of another man, he should pay 2 shekels of silver From the letter addressed by Shahamir its preservation is a philosophical and political punishment ―an eye for an eye, a tooth for a for each tooth‖ (Ayvazyan, 2013, pp. 25-26; Shahmirian to Hovsep Arghutyants (Argutinsky, theory. It directly influenced the emergence and tooth‖, and instead of physical punishments, it Kramer, 1954, p. 23; Gurney & Kramer, 1965; Primate of Diocese) on 3 September 1786 (pre- development of national thinking, the system of prescribes material damage in the form of fines. Finkelstein, 1969). served in Matenadaran, manuscript number Armenian self-governance. The national ideolo- This is great progress in his times. It was consid- Bringing brief examples from ancient legal 2699, page 98) we are becoming aware that gy and the tasks of the state policy related to it, ered that physical punishments are not only in- norms, now we will specifically present Shaha- Prince Potemkin commanded to translate into its practical use are closely connected to the law humane, but they also deprived people of work- mirian‘s ―Vorogayt Parats‖. In this treasury of Russian and publish ―Vorogayt Parats‖. and legislation, the formation and influence of ability and military service, i.e. of the ability to constitutional law, Shahamirians expressed all Arghutyants considered ―Vorogayt Parats‖ their epistemological and scientific purposes. create goods and to participate in defence of the their conscious and subconscious patriotism. to be a treasure (Arghutyan, n.d.), political and The attachment of great importance to the law- country. legal genius of the Armenian nation. In reality, it fulness approved by law makes it worthwhile by is a vivid example of the new ideology of 17-18 very law itself as the expression of the will of centuries. nations, peoples, population (in Shahamirian‘s The process of adoption of the idea of a le- work, the nation, because only the Armenian had gal state which is guided by the standards of de- the right to vote). mocracy, legitimacy, representative government In the mentioned era, Armenia was divided and free entrepreneurship is usually referred to between Ottoman Turkey and Iran. The second the era of English and French revolutions, while half of the 18th century for progressive forces in they were clearly and vividly formulated in ―Vo- Armenia and outside Armenia was the era of the rogayt Parats‖. liberation struggle. Shahamirian and collaborates Shahamirian was of the opinion that the were concerned with the issue of formation of a failure of Armenian statehood was caused by political system of the future Armenian state. violations of lawfulness and legal order, as well They worked out a full project of the struggle for as disobediences. ―Only laws should be the Ar- the liberation of Armenia, the main axle of which menians‘ king and rule the Armenian land‖ was the necessity of joining Georgian King (Avagyan, 2002, p. 37), – he is writing. Erakle II and Karabakh meliks2.

This is based on the priority principle that The program was intended to be imple-

the Armenian nation can be saved by the legisla- mented due to the military and political assis ―Vorogayt Parats‖ in 1760 was started and ticles, 25 per cent of which relate to constitution- tive body elected in the result of joint national tance of Russia. Armenian figures in order to in 1773 was completed by one of the world‘s top al law; particularly the legal norms referring to will, and the laws adopted by it; they should de- ______legal thinkers, the outstanding representative of power, governing bodies, their organization and rive from nature and reason – from divine laws; 2 There were 5 Karabakh melikdoms, they were also Indian–Armenian colony Hakob Shahamirian. operation. This project should have become the called Khamsa melikdoms: ―khamsa‖ is an Arabian they should act following the social morality and His father, Shahamir Shahamirian, greatly constitution of the liberated Armenia he was word and means ―five‖. Some nations are still using prosperity principles. the word in the mentioned meaning. Muslims, when helped and assisted him in creating the constitu- dreaming about, which would be proclaimed the saying ―khamsa‖, mean five members of Muham- A question is raised: what did cause the cre- tion. sovereignty of Armenian national statehood and mad‘s family. It also means Saint Mary‘s hand palm ation of the project of the Armenian statehood consisting of five fingers, and Muslims mean Fatima Shahamirian titled his work ―Constitution apostolic church. who had a mascot meaning (brings success). In case constitution? What did make it valuable? What of meliks, ―khamsa‖ also is explained as hand palm for the governance of Armenians, Armenian This project of the Armenian constitution consisting of five fingers, and when they are joined practical importance did it have? In order to an- world‖, ―Vorogayt Parats‖. It consists of 521 ar- was created and published 14 years before the and clenched they are becoming a fist.

WISDOM 1(14), 2020 150 151 151 Aghvan HOVSEPYAN

implement that purpose worked out two projects of arms created by him for the joined state of between Armenia and Russia, one of them was Armenia and Georgia, designed in gold, dia- authored by Hovsep Argutinski3, the other – by monds, and asked him to approve it. Shahamirian. The precondition for this pro- Erakle II with his signature and seal ap- gramming idea was the Treaty of Georgievsk, proved the template of the coat of arms, and on 4 and Hovsep Argutinski contributed to its signing: December 1790 sent it to Shahamirian to Russia set a protectorate over the Kingdom of Madras, where the King‘s proclamation was Kartli-Kakheti, preserving its self-governance. published and distributed in 1000 printing copies In 1786 Erakle II granted to Shahamirian (Nersesyan, 1990, pp. 547-548). the title of Prince, and the latter suggested the Shahamirian had an active correspondence number of reforms in Georgia, due to which the with Catholicos of Gandzasar Simeon Yere- country shortly should become stronger. High- vantsi and Karabakh meliks. The national libera- lighting the issue of population growth in Geor- tion movement headed by Shahamirian called for gia, he advised the king to apply to all Armeni- rebellion, being sure that the rebellion was the ans around the world with an address promising only way. Under the Iranian pressure, Shaha- discounts, insurance of life and property. mirian, together with his associates, was exiled The 19th-century famous Armenian histori- from Georgia. Catholicos Simeon Yerevantsi an Aleksand Yeritsyan mentioned that Shaha- believed that rebellion was premature, and would mirian suggested to Erakle II that the King‘s deepen the revenge and pressure by despots, family, following his example, liberate all the leading to grave consequences. serfs. Shahamirian was even ready to contribute On 15 January 1779, in his letter addressed with the necessary amount of money as a ransom to Gandzasar Catholicos Hovhannes Shahamiri- price for the villagers belonging to church an, following the example in Bible, suggests: (Yeritsyan, 1883). ―First of all it is needed to recruit from clergy On 15 October 1787 in his letter addressed and seculars 12 teachers, instruct them to teach to Georgian King Erakle II, Shahamirian writes: literacy to children, second – oblige everybody to ―Remember, that not the people were created for send their children to schools … in order the you … You were selected by the destiny for your youth, by reading books, be able to learn the his- people… and your people prosperity and liberty tory of its nation, to be inspired with liberation are your liberty…‖ spirit … it is necessary to compile ―a book of Shahamiryan also sent to Erakle II the coat laws that care about the needs of society…‖ to ______adopt an obligation of obeying them. Armenians 3 Hovsep Argutinski (Hovsep Arghutyan, 1743-1801) do not reach the condition, as Jewish, Egyptians archbishop, outstanding representative of Armenian liberation movement. Representative of Arghutyan- or Greeks, they partially have national power, Erkaynabazuk‘s oldest princely family. In 1773 was which should be protected from those who have the Primate of Diocese of Russian Armenians. Per- sonally knew Catherine II (Catherine the Great). Led a weak will or are selfless‖ (Nersesyan, 1990, pp. active political correspondence with Georgian King 135-137, 366-373). Speaking about the national Erakle II, Karabalh meliks, Shahamir Shahamirian and other Armenian figures. Actively participated in power, Shahamirian meant Karabakh melik- resettlement of Crimean Armenians and in foundation of New Nakhijevan, was elected Catholicos, but was doms. He had a dream to create a national state not anointed, because died suddenly in Tbilisi on the on the territory of five Artsakh melikdoms, in way to Echmiatsin.

WISDOM 1(14), 2020 152 152 Patriotism and Armenian Statehood in the Norms of Armenian Law

implement that purpose worked out two projects of arms created by him for the joined state of future their economic and military power would over the earth and all the mountains, which, as between Armenia and Russia, one of them was Armenia and Georgia, designed in gold, dia- liberate the whole Armenia. Inspired by these the divine paradise became the foremother for authored by Hovsep Argutinski3, the other – by monds, and asked him to approve it. ideas and standards, Armenian nation, especially our forefather Adam, so Ararat together with Shahamirian. The precondition for this pro- Erakle II with his signature and seal ap- intellectuals, were fighting for the liberation of Masis became the land for the settlement of our gramming idea was the Treaty of Georgievsk, proved the template of the coat of arms, and on 4 Armenia divided between Turkey and Iran. Their forefather Noah, became a harbour for him. and Hovsep Argutinski contributed to its signing: December 1790 sent it to Shahamirian to legal-political thinking was directed to building Thus, the Lord gave his blessing to the House of Russia set a protectorate over the Kingdom of Madras, where the King‘s proclamation was an Armenian state. Shahamirian and his associ- Nakhijevan and the Land of Ararat‖ (Avagyan, Kartli-Kakheti, preserving its self-governance. published and distributed in 1000 printing copies ates, for the first time, integrated and structured 2002, pp. 31-32). In 1786 Erakle II granted to Shahamirian (Nersesyan, 1990, pp. 547-548). the Armenian political and legal-legislative dem- Roman historian Flavius Josephus (37-100 the title of Prince, and the latter suggested the Shahamirian had an active correspondence ocratic ideology, the level of which has not been years) in his work ―Antiquities of the Jews‖ is number of reforms in Georgia, due to which the with Catholicos of Gandzasar Simeon Yere- exceeded up to now. That is a well-balanced referring to: ―Noah saw that the world is dry of country shortly should become stronger. High- vantsi and Karabakh meliks. The national libera- mixture of laws and morality in its ideological water, and he stayed yet another seven days, re- lighting the issue of population growth in Geor- tion movement headed by Shahamirian called for sense. ―If we want to be liberated and to be the leased from his ark the animals, and he also left gia, he advised the king to apply to all Armeni- rebellion, being sure that the rebellion was the lords of our land… protect human honour and the boat with his family… Armenians call this ans around the world with an address promising only way. Under the Iranian pressure, Shaha- dignity, to cleanse the mud of the past, to live place Nakhijevan and people living there up to discounts, insurance of life and property. mirian, together with his associates, was exiled with a clear conscience, first of all, we should today are showing the preserved remnants of the The 19th-century famous Armenian histori- from Georgia. Catholicos Simeon Yerevantsi build our own state order, work out the laws ark‖ (Flavius, 1996, p. 14). It was the will of God an Aleksand Yeritsyan mentioned that Shaha- believed that rebellion was premature, and would which will coincide with liberty, interests of our that Armenian King Abgar, without the preaches mirian suggested to Erakle II that the King‘s deepen the revenge and pressure by despots, nation…, in that case, people would be depend- of clergies, without prophets and without wit- family, following his example, liberate all the leading to grave consequences. ant only on the laws adopted by the people, but nessing magic, believed the word of the incarna- serfs. Shahamirian was even ready to contribute On 15 January 1779, in his letter addressed not by individuals, when people are governed by tion of the living God‘s son Jesus Nazirite – with the necessary amount of money as a ransom to Gandzasar Catholicos Hovhannes Shahamiri- laws and not by one individual. Those laws are Christ, and for the first time in Armenia in 301, price for the villagers belonging to church an, following the example in Bible, suggests: our lords and our religion, our ruler and our Christianity was adopted as state religion after (Yeritsyan, 1883). ―First of all it is needed to recruit from clergy king‖ (Avagyan, 2002, p. 3). the magic of Grigor Lusavoritch (Gregory the On 15 October 1787 in his letter addressed and seculars 12 teachers, instruct them to teach Shahamirian died in 1797 in India when he Illuminator) Pahlavuni. to Georgian King Erakle II, Shahamirian writes: literacy to children, second – oblige everybody to was 74 years old. One year later died the King ―Vorogayt Parats‖ is a democratic, parlia- ―Remember, that not the people were created for send their children to schools … in order the Erakle II. The idea of creating the state – the mentary republic‘s constitution based on a fun- you … You were selected by the destiny for your youth, by reading books, be able to learn the his- dream of those outstanding figures remained a damental principle that the power derives from people… and your people prosperity and liberty tory of its nation, to be inspired with liberation project. people and reports to people. It was based on are your liberty…‖ spirit … it is necessary to compile ―a book of Unfortunately, ―Vorogayt Parats‖ did not principles of supremacy of law, the freedom and Shahamiryan also sent to Erakle II the coat laws that care about the needs of society…‖ to become the constitution of independent Armeni- equality of rights of nations and ethnics, the ______adopt an obligation of obeying them. Armenians an state and remained just a project, a doctrine equal protection of their rights, separation of 3 Hovsep Argutinski (Hovsep Arghutyan, 1743-1801) do not reach the condition, as Jewish, Egyptians with its national content and orientation. It awak- powers, freedom of religion. It was prescribed archbishop, outstanding representative of Armenian liberation movement. Representative of Arghutyan- or Greeks, they partially have national power, ened Armenian national legal awareness. The that the legislative and executive powers were Erkaynabazuk‘s oldest princely family. In 1773 was which should be protected from those who have introduction of ―Vorogayt Parats‖ is the highest elected. Shahamirian was referring to fundamen- the Primate of Diocese of Russian Armenians. Per- sonally knew Catherine II (Catherine the Great). Led a weak will or are selfless‖ (Nersesyan, 1990, pp. value of patriotic demonstration of political, na- tal principles of Armenian national ideology, and active political correspondence with Georgian King 135-137, 366-373). Speaking about the national tional-liberation ideology. ―…The most gifted, sources of Armenian law emerged and estab- Erakle II, Karabalh meliks, Shahamir Shahamirian and other Armenian figures. Actively participated in power, Shahamirian meant Karabakh melik- the most beautiful and the most special is the lished during previous historical periods – the resettlement of Crimean Armenians and in foundation of New Nakhijevan, was elected Catholicos, but was doms. He had a dream to create a national state Land of Ararat, which by its highest Masis natural divine origin of law and legal superiority, not anointed, because died suddenly in Tbilisi on the on the territory of five Artsakh melikdoms, in mountain was created by the Lord as the king freedom, justice, considering a human being with way to Echmiatsin.

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its natural rights as a basis for the legislation. as Armenian borders were considered to be be- The highest legislative body in Armenia tween the Mediterranean, Black and Caspian Shahamirian named ―Armenian house‖, there seas, locating on the territories of Mets Hayk was excluded the presence of foreign nationals, (Kingdom of Armenia) and Cilician State, which gentiles and cultists, whose occupation of posts ―is the heritage of Armenian people, not an inch also in executive power was forbidden constitu- can be added or diminished from this land, here tionally. According to ―Vorogayt Parats‖, every always should be preserved the Armenian House citizen regardless of his ethnicity, religion, gen- according to Armenian constitution‖. Constitu- der, social and property status, within the law has tion proclaimed that everyone who was born on the rights to freedom of speech, expression of his Armenian territory ―has the honour to be named opinion and of conscious, to the choice of place Armenian‖ regardless of his nationality and reli- of residence, to leave the state and other rights. gion. To speak and read, Armenian was compul- As Christians, the other gentile foreigners also sory (Article 2). could freely enter Armenia and reside under the In the draft, Labor and Education were not protection of the state, paying taxes, dues, ac- only freedom and rights but obligation, because cepting Armenian judicial legislation and proce- Armenians were obliged to take part in the eco- dures that prescribed responsibility for their ac- nomic growth of the state, which was the basis tions. for the prosperity of people. The care for scien- In the draft of the constitution there were al- tists, inventors, teachers and other professionals so articles on military rules (proclamation of was considered to be the state‘s obligation. Se- emergency situations) – including the norms on vere punishments were prescribed for crimes manufacturing, importing and exporting weapon. against Armenian statehood and Armenian Humane treatment was prescribed for the Church. It was clearly prescribed that punish- populated areas, soldiers and population occu- ment was not only retribution but had an educa- pied by the Armenian army. The agreements tional effect. contradicting to natural human rights and laws, In the court drafted by Shahamirian, there as well as limiting human freedom and humiliat- were 24 juries, the election of 12 of them was the ing human dignity, circulating in that historical procedural right of the accused. period, especially in eastern countries, were pro- Separate articles directly obliged the Arme- claimed non-valid. nian House to take care of and educate the ille- The 1st Article of the constitution pro- gally born children and children who lost their claimed the whole territory and natural wealth as parents, to take care of the unworkable disabled Armenia national wealth, also inherited, and only people, elders who left without care and those Armenian state had the right to dispose of it, ac- who were in need. cording to the constitution. The right to land The collected means should be spent with ownership and sell had only Armenians who ac- the purpose to strengthen security in Armenia, cepted the religion of the church. Foreign nation- organize and develop the education and als and gentiles could use and own land and re- healthcare in the state. sources but could not dispose and could not al- The head of the highest executive body was ienate them. According to the mentioned Article, the minister-president. He is the head of the state

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its natural rights as a basis for the legislation. as Armenian borders were considered to be be- – ―the first official and the servant of Armenian to representative or representatives of his nation The highest legislative body in Armenia tween the Mediterranean, Black and Caspian people‖. and his religion‖. Shahamirian named ―Armenian house‖, there seas, locating on the territories of Mets Hayk Shahamirian demonstrates great respect to Everything is said clearly and simply. was excluded the presence of foreign nationals, (Kingdom of Armenia) and Cilician State, which the followers of the Armenian royal house. In If all the Armenian people had the right to gentiles and cultists, whose occupation of posts ―is the heritage of Armenian people, not an inch particular, if one of the representatives of vote, the right to be elected was prescribed only also in executive power was forbidden constitu- can be added or diminished from this land, here Bagratuni royal family, accepting the laws and to men population having Armenian nationality tionally. According to ―Vorogayt Parats‖, every always should be preserved the Armenian House decisions of ―Armenian House‖, would wish to and Armenian Christian religion: ―… A respect- citizen regardless of his ethnicity, religion, gen- according to Armenian constitution‖. Constitu- become a minister, he could be elected to that able and humble man, having Armenian nation- der, social and property status, within the law has tion proclaimed that everyone who was born on position for life, while ministers could be elected ality, who is Christ‘s worshipper under the reli- the rights to freedom of speech, expression of his Armenian territory ―has the honour to be named for three years period. gion of the Armenian Holy Church, and born in opinion and of conscious, to the choice of place Armenian‖ regardless of his nationality and reli- Very surprisingly the 3rd Article of ―Voro- Armenia‖ (Article 14). of residence, to leave the state and other rights. gion. To speak and read, Armenian was compul- gayt Parats‖ is actual: ―Everyone regardless male It was prescribed that the members of par- As Christians, the other gentile foreigners also sory (Article 2). or female… are equally free in their actions, no liament from each voting house should receive could freely enter Armenia and reside under the In the draft, Labor and Education were not one has the right to rule the other‖. This norm of half silver monets annually, totally six thousand protection of the state, paying taxes, dues, ac- only freedom and rights but obligation, because the Constitution is constant to John Lock‘s philo- silver monets in order to be free of domestic ar- cepting Armenian judicial legislation and proce- Armenians were obliged to take part in the eco- sophical ideology on human freedom by the pro- rangements and to be able to devote their time dures that prescribed responsibility for their ac- nomic growth of the state, which was the basis vision that natural human condition is the condi- freely to the implementation of decisions and tions. for the prosperity of people. The care for scien- tion of absolute freedom. ―Freedom is the behav- actions directed to people‘s prosperity. For the In the draft of the constitution there were al- tists, inventors, teachers and other professionals iour not forbidden by the law – to follow his own election of all the officials as a compulsory reso articles on military rules (proclamation of was considered to be the state‘s obligation. Se- wishes and not to be dependent on some other quirement was prescribed: ―to be Armenian na- emergency situations) – including the norms on vere punishments were prescribed for crimes self-willed person‘s non-stable, non-definite and tional and Armenian Holy Church‘s worship- manufacturing, importing and exporting weapon. against Armenian statehood and Armenian unknown will‖ (Lock, 1962, pp. 6-17). per‖. The 4th Article in the Constitution on the Humane treatment was prescribed for the Church. It was clearly prescribed that punish- Armenian people‘s wisdom proclaims: Armenian religion is considering as an honour populated areas, soldiers and population occu- ment was not only retribution but had an educa- ―You are free, but is not free to disturb others‘ the worshipping ritual of Armenian Holy pied by the Armenian army. The agreements tional effect. freedom‖. Church, that is faithfully preached to us ―from contradicting to natural human rights and laws, In the court drafted by Shahamirian, there The 5th Article is admiring: Everyone living the patriarchic Vaghrshapat our patriarchic high- as well as limiting human freedom and humiliat- were 24 juries, the election of 12 of them was the on Armenian land with the tradition under which est chair – Ejmiatsin‘s lightning Holy Church, by ing human dignity, circulating in that historical procedural right of the accused. he worships the Lord, with the same strength he the truthful voice of Armenian patriarch‖. The period, especially in eastern countries, were pro- Separate articles directly obliged the Arme- stays true to his belief and no one regardless who Armenian national who being christened be- claimed non-valid. nian House to take care of and educate the ille- does not have right to be an obstacle for him. In trayed his belief was convicted to death. The 1st Article of the constitution pro- gally born children and children who lost their an obvious way and clearly is defined as the right Unique content and sense have the 126th claimed the whole territory and natural wealth as parents, to take care of the unworkable disabled to freedom of conscience in today‘s concept and Article prescribing the description of money. It is Armenia national wealth, also inherited, and only people, elders who left without care and those definition. titled ―On the form of money‖ and required that Armenian state had the right to dispose of it, ac- who were in need. The 8th Article of the draft is titled: ―On the the text ―Prosperity to Armenian people‖ was cording to the constitution. The right to land The collected means should be spent with right of an Armenian to buy and sell lands‖. It written on a coin. Everyone who would come in ownership and sell had only Armenians who ac- the purpose to strengthen security in Armenia, determines: ―Everyone, who is Armenian by his touch with coins, by reading the mentioned text cepted the religion of the church. Foreign nation- organize and develop the education and nationality and member of the Armenian com- should vividly understand that money should, als and gentiles could use and own land and re- healthcare in the state. munity, christened by Christ and believer of first of all, serve to the Armenian Statehood and sources but could not dispose and could not al- The head of the highest executive body was Christ, can buy land as property and sell it only Armenian people‘s prosperity. ienate them. According to the mentioned Article, the minister-president. He is the head of the state

WISDOM 1(14), 2020 154 155 155 Aghvan HOVSEPYAN

In ―Vorogayt Parats‖ (Article 82) it was As we see, the state assumes the obligation of prescribed that before a church wedding, spouses restoring the damage caused to a person by the should sign a marriage contract, ―… so that we crime, because the state is undertaking the re- can accept the blessing of our Creator Lord by sponsibility to eliminate the consequences of the the hand of the clergy of Armenian Holy Church, crime committed against persons on his territory, in order to grow and breed, to serve to our Lord, and to recover the damage. It is obvious that for the sake of high and caring Armenian state‖. Shahamirian is of the opinion that each state If one of the spouses ―reject and not perform his must keep his citizens away from criminal of- duties on due implementation of the contract he fences. By the recovery of the material damage is obliged to pay five thousand monet to Armeni- caused by the crime among certain officials is an almshouse‖. The growth and reproduction of increased the level of responsibility of solving the nation are also prescribed as a compulsory the crime in order be able, alongside with pun- provision, as national and state interest. ishing the offender, to recover the amounts paid The 118th Article is obliging the parents to from the state funds. buy one gun and one sword at their own expens- In the constitutional legal norms researched es for their children who become 18 years old, as by us, partially such substantive solution we ob- the first heritage. serve in the Constitution of Japan adopted in On the whole territory of the Armenian 1947. Namely, the 17th Article says: ―Every per- state, all people are obliged to have two teachers son may sue for redress as provided by law from for 25 houses, one of the teachers – to teach chil- the State or a public entity, in case he has suf- dren reading and writing Armenian, the other – fered damage through illegal act of any public to teach military service to male children (Article official.‖ The given constitutional legal provision 101). refers only to those cases when the damage has The draft of Constitution prescribes the re- been caused by the illegal act of any public offi- quirement to leave the land undeveloped, every cial, and the damage recovery is implemented in year the lands should be ploughed, sowed and accordance with procedural means and through fertilized on the proper time to receive a good judicial decisions. harvest. And if someone is leaving the lands and According to the 3rd Article of the RA Con- gardens undeveloped, the plough and sow of the stitution of the 6th of December, 2015, together lands are implemented by the state. And if after with amendments, the state is providing the pro- that, the owner of the land does not solve the tection of fundamental rights and freedoms of problem with the land, i.e. does not develop it, persons and citizens, including the protection of that land is becoming the ownership of the Ar- the right to property. The European Court of menian House. Human Rights specifying the frameworks of the If a person is suffered hooliganism or theft state obligations in the protection of the right to of is property, the ruler of the region, after get- property guaranteed by the 1st article of the Eu- ting confident in those facts, is obliged to restore ropean Convention on Protection of Human the suffered material damage to the person, to Rights and Fundamental Freedoms developed take measures to find out punish and offender further the idea of the state‘s positive obligations. and to receive the restored money (Article 112). It means that real and effective implementation

WISDOM 1(14), 2020 156 156 Patriotism and Armenian Statehood in the Norms of Armenian Law

In ―Vorogayt Parats‖ (Article 82) it was As we see, the state assumes the obligation of of the right to property also requires certain posi- Shahamirian‘s legal definitions regarding prescribed that before a church wedding, spouses restoring the damage caused to a person by the tive measures; in particular when there is a link women are unique. In particular, he says: ―Fe- should sign a marriage contract, ―… so that we crime, because the state is undertaking the re- between the effective performing of person‘s males should not be captured, no matter Chris- can accept the blessing of our Creator Lord by sponsibility to eliminate the consequences of the right to property and the measures that a person tian or pagan… female individuals cannot be the hand of the clergy of Armenian Holy Church, crime committed against persons on his territory, may legitimately expect from the state to take. enforced if they do not commit a crime‖. And in in order to grow and breed, to serve to our Lord, and to recover the damage. It is obvious that That expectation also relates to a lawful ob- the 371st Article, the servants upon the order of for the sake of high and caring Armenian state‖. Shahamirian is of the opinion that each state ligation of the state to protect persons and citi- princes or high officials are forbidden to enter If one of the spouses ―reject and not perform his must keep his citizens away from criminal of- zens right to property from criminal offences. females rooms, especially married women‘s duties on due implementation of the contract he fences. By the recovery of the material damage We are underlining that the recovery of caused rooms, because these rooms are «sacred and sin- is obliged to pay five thousand monet to Armeni- caused by the crime among certain officials is damage in all cases is implemented under the less and we want no noise, conflict disturbs our an almshouse‖. The growth and reproduction of increased the level of responsibility of solving judicial procedures, and it also should be men- mothers and women who gave birth to our sons. the nation are also prescribed as a compulsory the crime in order be able, alongside with pun- tioned that often this is happening after long Excluding the cases when a criminal offender or provision, as national and state interest. ishing the offender, to recover the amounts paid court bureaucracy and may last for years. someone punished to death should be arrested‖. The 118th Article is obliging the parents to from the state funds. Shahamirian in ―Vorogayt Parats‖ is defin- As we see, ―Vorogayt Parats‖ is a new level buy one gun and one sword at their own expens- In the constitutional legal norms researched ing very simplified administrative procedure, and of Armenian political and constitutional legal es for their children who become 18 years old, as by us, partially such substantive solution we ob- in particular, the following is said: ―The adminis- thinking and has a unique value in the world‘s the first heritage. serve in the Constitution of Japan adopted in trator of the province takes the oath from him constitutional culture. From this work, patriotism On the whole territory of the Armenian 1947. Namely, the 17th Article says: ―Every per- (the aggrieved person) on Holy Testament to get is radiated. That was a flight of social-political state, all people are obliged to have two teachers son may sue for redress as provided by law from ensured that a man has lost his property, and, as thinking, and it was seemingly the only possible for 25 houses, one of the teachers – to teach chil- the State or a public entity, in case he has suf- an administrator of the province, he is obliged to strong progressive idea of anti-serfdom and Re- dren reading and writing Armenian, the other – fered damage through illegal act of any public recover the value of the lost property to that man, publican order in the 18th century Armenia under to teach military service to male children (Article official.‖ The given constitutional legal provision then search and find the thief or hooligan in or- Turkey‘s and Iran‘s rule, the realization of which 101). refers only to those cases when the damage has der to receive back the amounts recovered and should be desired. The draft of Constitution prescribes the re- been caused by the illegal act of any public offi- judge according to the law‖ (Avagyan, 2002). Shahamirian is considering himself as ―one quirement to leave the land undeveloped, every cial, and the damage recovery is implemented in All types of documents, both commercial of the least worthies and the most humbles in year the lands should be ploughed, sowed and accordance with procedural means and through and contractual, regardless of who has signed it, Armenian land, and writing the constitution of fertilized on the proper time to receive a good judicial decisions. if contradicting to Armenian legislation and vital his state he does not expect anything for himself, harvest. And if someone is leaving the lands and According to the 3rd Article of the RA Con- natural functions of a human, are recognized to neither power, nor prosperity, nor glory‖, but he gardens undeveloped, the plough and sow of the stitution of the 6th of December, 2015, together be non-valid. The law obliges the state also to is guided only ―by love towards his own nation lands are implemented by the state. And if after with amendments, the state is providing the pro- undertake the protection of everyone, who is liv- and our country‖. that, the owner of the land does not solve the tection of fundamental rights and freedoms of ing on his territory, and if he is captured, Arme- Hakob Shahamirian died at the age of 29 in problem with the land, i.e. does not develop it, persons and citizens, including the protection of nian state ―is obliged to save him and to return to Malacca of Malaysia, where he had vast hold- that land is becoming the ownership of the Ar- the right to property. The European Court of his house and family‖ (Article 138). ings of cigarette. On his cemetery is written: menian House. Human Rights specifying the frameworks of the To every Armenian resident is prescribed ―Welcome to you, who read the word on my If a person is suffered hooliganism or theft state obligations in the protection of the right to the right to bring a claim at court against any cemetery, tell me about the freedom of my na- of is property, the ruler of the region, after get- property guaranteed by the 1st article of the Eu- person without exclusions, including officials. tion I always desired, if someone among us has ting confident in those facts, is obliged to restore ropean Convention on Protection of Human Penitentiaries, dark prisons should be clean and been elevated as a savour and a ruler that I de- the suffered material damage to the person, to Rights and Fundamental Freedoms developed comfortable not to harm the prisoner‘s health and sired forever and severely in the world…‖ take measures to find out punish and offender further the idea of the state‘s positive obligations. constant to the actions of the offender (Article (Aghjean, 1993, pp. 215-225). and to receive the restored money (Article 112). It means that real and effective implementation 153).

WISDOM 1(14), 2020 156 157 157 Aghvan HOVSEPYAN

REFERANCES D.Dawson (Eds.), Progrèss et Vio- lence au XVIIIe Siècle (pp. 145-163). Aghjean, M. A. (1993). Handipumner (Meet- Paris: Honore‘ Champion Editeur, Dif- ings, in Armenian). New York. fusion hors France: Editions Slatkine Arghutyan, H. (n.d.). Matenadaran, dzeragir tiv Gene‘ve. 2949 ev 1778 noyemberi tr.-i namak Kramer, S. (1954). Ur-Nammu Law Code. Ori- (Matenadaran, manuscript number entalia, 23(1), 40. 2949 and the letter of November tr. Lambert, W. (1996). Instructions of Shuruppak: 1778, in Armenian). Babylonian Wisdom Literature. Wino- Avagyan, R. (2002). Hay iravakan mtqi gandza- na Lake, Indiana: Eisenbrauns. ran (Treasury of Armenian Legal Lock, J. (1962). Izbranniye filosofskie proizve- Thinking, in Armenian). (Vol. 2). Ye- deniya (Selected Philosophical Works, revan. in Russian) (Vol. 2). Moscow. Ayvazyan, S. (2013). Nachala zakonodatel'nogo Nelson, T. (2010). Nelson‘s Complete Book of prava Armenii (The Basis of Armenian Bible Maps and Charts (3rd ed.). Legislative Law, in Russian). Yerevan: Nashville: Thomas Nelson Publishers. Avt. izd. Nersesyan, M. (1990). Armyano-russkie otno- Finkelstein, G. (1969). The Laws of Ur-Nam- sheniya v 18 veke, sbornik dokumentov mu. Journal of Cuneiform Studies, 1760-1800 (Armenian-Russian Relati- XXII, 66-82. ons in 18th Century, Collection of Do- Flavius, J. (1996). Evreiskoe staroslovie (Anti- cuments of 1760-1800, in Russian ) quities of the Jews, in Russian) (Vol. (Vol. 4). Yerevan: Institute of History 1). Moscow. of Armenian SSR. Gurney, O. R., & Kramer, S. N. (1965). Two Shahamiryan, Sh. (1773). Girk Anvanial Voro- Fragments of Sumerian Laws. Assyrio- gayt Parats (The Book which is logical Studies, 16, 13-20. Named the Snare of Glory). Madras. Hovhannisyan, H. H. (2001). The Arguments of Yeritsyan, A. (1883). (1841-1902) Hndkastani Force and the Force of Arguments harust ktaknery (Indian Rich Inheri- (Violence and Progress) in Armenian tances, in Armenian). Caucusus, 94. Enlightenment Thought. In V.Cossy et

WISDOM 1(14), 2020 158 158 Lilit KAZANCHIAN

REFERANCES D.Dawson (Eds.), Progrèss et Vio- DOI: 10.24234/wisdom.v14i1.323 lence au XVIIIe Siècle (pp. 145-163). Lilit KAZANCHIAN Aghjean, M. A. (1993). Handipumner (Meet- Paris: Honore‘ Champion Editeur, Dif- ings, in Armenian). New York. fusion hors France: Editions Slatkine FEATURES OF FUNDAMENTAL RIGHTS IN THE CONTEXT OF THE Arghutyan, H. (n.d.). Matenadaran, dzeragir tiv Gene‘ve. PHILOSOPHY OF LAW 2949 ev 1778 noyemberi tr.-i namak Kramer, S. (1954). Ur-Nammu Law Code. Ori- (Matenadaran, manuscript number entalia, 23(1), 40. Abstract 2949 and the letter of November tr. Lambert, W. (1996). Instructions of Shuruppak: 1778, in Armenian). Babylonian Wisdom Literature. Wino- The article explores the notion and peculiarities of fundamental rights of the individual in the modern, Avagyan, R. (2002). Hay iravakan mtqi gandza- na Lake, Indiana: Eisenbrauns. legal state. In this research, the author implements versatile, holistic, systematical (methodical) analysis of ran (Treasury of Armenian Legal Lock, J. (1962). Izbranniye filosofskie proizve- content and distinguishing features of the structural elements of the concept ―legal status of the individu- Thinking, in Armenian). (Vol. 2). Ye- deniya (Selected Philosophical Works, al‖. Therefore, the theoretical and practical research of problems of development of fundamental human revan. in Russian) (Vol. 2). Moscow. rights gives an opportunity to find new solutions in protections of relations concerning the individual‘s Ayvazyan, S. (2013). Nachala zakonodatel'nogo Nelson, T. (2010). Nelson‘s Complete Book of legal status. prava Armenii (The Basis of Armenian Bible Maps and Charts (3rd ed.). This study is also focusing on various approaches of well-known jurists on the essence, content and Legislative Law, in Russian). Yerevan: Nashville: Thomas Nelson Publishers. legislative consolidation of the fundamental rights of the individual. Avt. izd. Nersesyan, M. (1990). Armyano-russkie otno- The author comes to a conclusion that in recent decades, the philosophy of law (with the theory of Finkelstein, G. (1969). The Laws of Ur-Nam- sheniya v 18 veke, sbornik dokumentov state and law) took under its active protection and guardianship man with his rights, freedoms and legiti- mu. Journal of Cuneiform Studies, 1760-1800 (Armenian-Russian Relati- mate interests, and which have ceased to be the subject of national legislation‘s regulation, and moved to XXII, 66-82. ons in 18th Century, Collection of Do- the international legal platform. Consequently, the government is obligated to guarantee fundamental hu- Flavius, J. (1996). Evreiskoe staroslovie (Anti- cuments of 1760-1800, in Russian ) man rights and freedoms. Hence, theoretical, methodological and practical analysis of problems of the in- quities of the Jews, in Russian) (Vol. (Vol. 4). Yerevan: Institute of History dividual‘s legal status and elaboration of suggestions concerning the enhancement of national legislation, 1). Moscow. of Armenian SSR. is one of the most actual problems of jurisprudence. Gurney, O. R., & Kramer, S. N. (1965). Two Shahamiryan, Sh. (1773). Girk Anvanial Voro- Fragments of Sumerian Laws. Assyrio- gayt Parats (The Book which is Keywords: fundamental human rights and freedoms, the legal status of the individual, legitimate in- logical Studies, 16, 13-20. Named the Snare of Glory). Madras. terests, globalization, duties, citizen, democratic state, government. Hovhannisyan, H. H. (2001). The Arguments of Yeritsyan, A. (1883). (1841-1902) Hndkastani Force and the Force of Arguments harust ktaknery (Indian Rich Inheri- (Violence and Progress) in Armenian tances, in Armenian). Caucusus, 94. A democratic, legal, and social state is a doms, which are at the core of a person‘s legal Enlightenment Thought. In V.Cossy et form of human coexistence where there are mu- status, are at the heart of the theory of modern

tually agreed human relations, where the state philosophy of law (Huymens, 1995). Moreover, and society assume a mutual obligation to help it is necessary to conduct a comprehensive study those in need, to influence the distribution of ma- of the essence and content of rights, freedoms, terial goods, based on such principles of justice legitimate interests of the individual in a mod- that guarantees of a decent life are created for ern democratic state. The system of rights, free- everyone, as well as rights, freedoms and legiti- doms, legitimate interests and obligations that mate interests are protected (Harutyunyan, 2005, form the core of a person‘s legal status, as well pp. 110-112; Yeritsyan, 2007, pp. 106-108). as guarantees of their protection, is based on the Consequently, the study and clarification of the fundamental principle of values, according to concepts of human rights and fundamental free- which a person is the highest value in the Repub-

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lic of Armenia. Moreover, the inalienable dignity rights and freedoms in a democratic society are of a person is an integral basis of his or her rights real social relations, not the will of the legislator. and freedoms. The conducted research shows that the so- The legal status of a person includes a com- cial capabilities of the individual are social pre- bination of the rights, freedoms, duties and legit- requisites for the formation, the regularity of de- imate interests of the person, which, in turn, is a velopment and the ability to use the advantages means of legal regulation that regulates the social of legal rights, freedoms, legitimate interests, as status (position) of the person. well as the real content of duties. Therefore, a It is noteworthy that some of the modern le- person‘s rights and freedoms are the social op- gal scholars consider rights, freedoms and obli- portunities of the person enshrined in the law to gations as the main elements of the legal status possess certain goods to meet his or her needs. of a person, and legitimate interests as additional Moreover, legal rights and freedoms of a person (or derivative) ones (Rideau, 2003, pp. 23-24; acquire clear boundaries as a result of the state‘s Vitruk, 2008, p. 105). implementation of legal regulation, and violation In our opinion, this division of rights, free- of these boundaries by a person is considered as doms, and duties has contributed to the humilia- illegal behaviour. In this case, of course, the leg- tion of the essence of legitimate interests, as well islator only considers the social opportunities to as their important role in law, as a result of which meet the needs of mankind, which, by stipulating this concept continues to be poorly studied in the in the norms of coexistence of public life, for- legal literature. Based on the above, we propose mally acquire the opportunity to be called human to consider the rights, freedoms, duties and legit- rights. Moreover, ideas about human rights, pen- imate interests of the individual as the main ele- etrating into the human masses, turn into a pow- ments of the legal status of the individual in the erful material force, and for the state there is a context of the philosophy of law. need to fix the list of human rights determined by historical development in the law, that is, to es- Analysis of the Fundamental Rights tablish the rights of a citizen as the legal rights of and Freedoms of the Individual a person. The idea of human rights also has a substan- It is obvious, that in the states which stand tive basis, which was studied by K. Marx and F. in the way of democracy, the rights and free- Engels. They, considering man as a ―result of doms of the individual are not stationary and history‖ and simultaneously leading the political eternal, but are constantly changing and develop- and civil life of the subject, define the natural ing concepts (Marchenko, 2014, pp. 204-206; rights of the individual as historically formed Trion, 2012, pp. 105-107). In addition, the basic bourgeois-democratic rights and freedoms, rights and freedoms of the individual are not as- where the individual and the citizen are private signed by the state, since they do not exist be- owners (Marx & Engels, 1955, pp. 390-391) cause of formal consolidation, which is also very Taking the above idea as a basis, as well as important, but because of the social capabilities the analysis of the material justification of hu- of the person arising from the system of social man rights and social content, many soviet law- relations. Furthermore, the source of individual yers, such as I. Farber and G. Malcev (1969) be-

WISDOM 1(14), 2020 160 160 Features of Fundamental Rights in the Context of the Philosophy of Law

lic of Armenia. Moreover, the inalienable dignity rights and freedoms in a democratic society are gan to distinguish basic human rights from the in content, since it does not fully disclose the es- of a person is an integral basis of his or her rights real social relations, not the will of the legislator. rights of a citizen (pp. 26-27). sence and meaning of fundamental rights. and freedoms. The conducted research shows that the so- According to P. Nedbaylo (1965), the so- Moreover, studies have shown that, due to The legal status of a person includes a com- cial capabilities of the individual are social pre- cio-political preconditions formed in the state modern political and legal processes, individual bination of the rights, freedoms, duties and legit- requisites for the formation, the regularity of de- and society are crucial to the formation of legally rights and freedoms are gradually becoming a imate interests of the person, which, in turn, is a velopment and the ability to use the advantages recognized, inalienable rights and freedoms of a standard for the development of society, the es- means of legal regulation that regulates the social of legal rights, freedoms, legitimate interests, as person.. In this context, L. Voevodin (1997) tablishment of the idea of the rule of law and a status (position) of the person. well as the real content of duties. Therefore, a rightly points out, that the real content of human stable factor in international legal cooperation. It is noteworthy that some of the modern le- person‘s rights and freedoms are the social op- rights as a socially conditioned opportunity, In the modern world, the category of uni- gal scholars consider rights, freedoms and obli- portunities of the person enshrined in the law to which in its essence is a requirement for the pos- versal (fundamental) rights of the individual has gations as the main elements of the legal status possess certain goods to meet his or her needs. session of certain social benefits (p. 115). been formed in the context of the universal of a person, and legitimate interests as additional Moreover, legal rights and freedoms of a person Meanwhile, V. Kartashkin (2018) proposes equality of people, which has a common, gener- (or derivative) ones (Rideau, 2003, pp. 23-24; acquire clear boundaries as a result of the state‘s to distinguish the fundamental rights and duties ally accepted and legal meaning for the world Vitruk, 2008, p. 105). implementation of legal regulation, and violation of citizens (social category) from constitutional community (Loth, 1998, pp. 22-24). In our opinion, this division of rights, free- of these boundaries by a person is considered as rights and responsibilities (legal category) (pp. It is obvious that human rights and freedoms, and duties has contributed to the humilia- illegal behaviour. In this case, of course, the leg- 48-49). Based on the conducted research, we doms have ceased to be an object of domestic tion of the essence of legitimate interests, as well islator only considers the social opportunities to consider, V. Kartashkin‘s that approach to fun- policy and practice of the state, and have become as their important role in law, as a result of which meet the needs of mankind, which, by stipulating damental rights is exaggerated and may compli- a problem of the entire international community. this concept continues to be poorly studied in the in the norms of coexistence of public life, for- cate the process of defining, examining the sub- Nowadays, the scope of individual rights legal literature. Based on the above, we propose mally acquire the opportunity to be called human stance, content and elements of a person‘s legal and freedoms is determined not only by the spe- to consider the rights, freedoms, duties and legit- rights. Moreover, ideas about human rights, pen- status. Moreover, these opportunities for the per- cific characteristics of a particular society but imate interests of the individual as the main ele- etrating into the human masses, turn into a pow- son exist before their legislative confirmation. also by the development of the civilization of all ments of the legal status of the individual in the erful material force, and for the state there is a According to the universally recognized mankind, as well as the degree and level of inte- context of the philosophy of law. need to fix the list of human rights determined by definition, human rights are an opportunity to gration into the international community of a historical development in the law, that is, to es- determine the extent of one‘s own behaviour. All given state. Therefore, fundamental rights be- Analysis of the Fundamental Rights tablish the rights of a citizen as the legal rights of other persons, public authorities, organizations come a high level in the international legal plane, and Freedoms of the Individual a person. must refrain from interfering with this behaviour below which any state, claiming to be a demo- The idea of human rights also has a substan- (Ayvazyan, 2008, p. 12). cratic, legal and social state, cannot descend. It is It is obvious, that in the states which stand tive basis, which was studied by K. Marx and F. At the same time, various definitions and undeniable that a new phase in the history of in the way of democracy, the rights and free- Engels. They, considering man as a ―result of comments on fundamental human rights and human rights began after World War II when the doms of the individual are not stationary and history‖ and simultaneously leading the political freedoms can only be accepted partially and with processes of cooperation and integration of states eternal, but are constantly changing and develop- and civil life of the subject, define the natural certain reservations, since they generally do not developed and human rights gained universal ing concepts (Marchenko, 2014, pp. 204-206; rights of the individual as historically formed fully reflect the essence and content of this con- recognition through international joint affairs. Trion, 2012, pp. 105-107). In addition, the basic bourgeois-democratic rights and freedoms, cept, for example, according to Yu. Troshkin Thus, the UN General Assembly adopted the rights and freedoms of the individual are not as- where the individual and the citizen are private (1998), the fundamental rights are only those Universal Declaration of human rights signed by the state, since they do not exist be- owners (Marx & Engels, 1955, pp. 390-391) rights that are enshrined in the Constitution and (10.12.1948), which became the first-ever inter- cause of formal consolidation, which is also very Taking the above idea as a basis, as well as the most important human rights documents, de- national universal document on the list of human important, but because of the social capabilities the analysis of the material justification of hu- fine the ideals of humanism in society, limit the rights and fundamental freedoms. of the person arising from the system of social man rights and social content, many soviet law- power and protect people from their arbitrariness Thus, human rights are basic (fundamental) relations. Furthermore, the source of individual yers, such as I. Farber and G. Malcev (1969) be- (pp. 30-31). Therefore, this definition is narrow rights that are universal (extend to all who be-

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long to the biological type of Homo sapiens) and ent countries, regions and continents. which are egalitarian (all are equal), as well as Third, mutual disrespect for national and re- ensure a dignified life and development of the ligious values in immigration processes. person in the context of the achievements of It is hard to agree with the opinion of sever- modern historical-social progress (Ebzeev, Ay- al modern researchers that the list of human bazov, & Krasnoryadtsev, 2006, pp. 54-57). rights and freedoms enshrined in a number of Considering a modern democratic, legal, declarations on fundamental human rights and social state, it becomes obvious that the priority freedoms including the Universal Declaration of of norms and principles of the internationally Human Rights (1948), the European Convention recognized human rights law in relation to do- for the Protection of Human Rights and Funda- mestic norms and principles is a categorical im- mental Freedoms (1950), International Covenant perative of the international community. on Civil and Political Rights (1966), is based At the same time, we agree with the opinion solely on European values (Mutua, 2002, pp. 82- formed in recent years in the judicial literature 83; Mattelman, 1996, p. 110). It is no coinci- and philosophy of law that the process of global- dence that regional acts such as the American ization cannot be the reason for the universaliza- Convention on Human Rights (1969), the Afri- tion of human rights, because the right to pre- can Charter on Human and People Rights serve the native language, culture, customs is the (1981), the Arab Charter of Human Rights natural, inalienable right of every nation, ethnici- (1994) are anchored not only on Universal Dec- ty (Vencent 1989, pp. 49-54). laration of Human Rights but also on other hu- In our opinion, human rights and freedoms man rights acts. Definitely, the organizations, must correspond to the needs of a particular soci- which adopt those documents, take into consid- ety and can have multiple forms of expression. eration cultural characteristics and do not ex- H. Behruz and M. Monshipouri rightly clude other interpretations of international hu- pointed out, that only those individual rights that man rights norms. Actually, in all cases, there correspond to the social problems of the society are even fundamental differences between the take into account cultural characteristics, reli- principles and reality proclaimed in internation- gious traditions and beliefs, the accumulated ex- al legal and regional instruments. For example, perience of previous generations, and the moral the status of women in Islamic countries, ―invio- principles of society can be recognized as uni- lable‖ in India. versal rights (Behruz, 2006, pp. 20-22; Monshi- Therefore, progress is realized in any cul- pouri, 1994). Consequently, there are objective tural civilization, in the process of gradual con- justifications for both doubts and opposition to vergence of perception and implementation of the universal nature of fundamental human the fundamental principles of human rights and, rights. of course, is facilitated by the globalization of First of all, there are regional, civilizational, economic and law, immigration, exchange of and cultural differences in which people are cultural values, solution of global problems re- born, raised, act, and think (Islamic, Jewish, etc.). lated to drug trafficking and the fight against in- Second, there is a significant difference in ternational terrorism, natural and man-made dis- the social conditions where people live in differ- asters.

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long to the biological type of Homo sapiens) and ent countries, regions and continents. In our opinion, there should be progress on supplement and develop constitutional rights, which are egalitarian (all are equal), as well as Third, mutual disrespect for national and re- the path of social and humanistic development which are based on the latter, and thus don‘t di- ensure a dignified life and development of the ligious values in immigration processes. and not the destruction of traditional values and minish the significance of constitutional rights person in the context of the achievements of It is hard to agree with the opinion of sever- the fall into prehistoric society. and freedoms, their direct effect. For example, on modern historical-social progress (Ebzeev, Ay- al modern researchers that the list of human On this issue, E. Lukasheva (2006) noted the basis of these constitutional norms, the Crim- bazov, & Krasnoryadtsev, 2006, pp. 54-57). rights and freedoms enshrined in a number of that the artificial acceleration of the process of inal Code of RA contains many norms regarding Considering a modern democratic, legal, declarations on fundamental human rights and adoption of international human rights norms, sanctions provided for violations of the basic social state, it becomes obvious that the priority freedoms including the Universal Declaration of which contradicts the political, customary, cul- rights and freedoms of citizens. Moreover, ac- of norms and principles of the internationally Human Rights (1948), the European Convention tural ideas of individual countries, regions is im- cording to article 81 of the Constitution of RA, recognized human rights law in relation to do- for the Protection of Human Rights and Funda- permissible. the practice of bodies operating on the basis of mestic norms and principles is a categorical im- mental Freedoms (1950), International Covenant Therefore, we consider that it is necessary international treaties on human rights, ratified by perative of the international community. on Civil and Political Rights (1966), is based to respect a different world order and not try to the Republic of Armenia, shall be taken into ac- At the same time, we agree with the opinion solely on European values (Mutua, 2002, pp. 82- change it through universal democratic and for- count when interpreting the provisions concern- formed in recent years in the judicial literature 83; Mattelman, 1996, p. 110). It is no coinci- cible implementation of human rights standards. ing basic rights and freedoms enshrined in the and philosophy of law that the process of global- dence that regional acts such as the American It is important to have a constant dialogue of civ- Constitution. ization cannot be the reason for the universaliza- Convention on Human Rights (1969), the Afri- ilizations, a gradual and long-lasting process of This leads to the conclusion that sectoral tion of human rights, because the right to pre- can Charter on Human and People Rights perception, and adaptation to generally accepted rights Supplement constitutional rights also for serve the native language, culture, customs is the (1981), the Arab Charter of Human Rights norms and values, which opens the way to pre- the reason that the latter are designed to fully natural, inalienable right of every nation, ethnici- (1994) are anchored not only on Universal Dec- serving the diversity and richness of the world. cover the legal capacity of the individual in all ty (Vencent 1989, pp. 49-54). laration of Human Rights but also on other hu- It is known that those rights and freedoms spheres of various social relations, are inde- In our opinion, human rights and freedoms man rights acts. Definitely, the organizations, that are more vital for the individual, society, and pendent and run parallel to the constitutional must correspond to the needs of a particular soci- which adopt those documents, take into consid- the government are enshrined in the Constitution rights. ety and can have multiple forms of expression. eration cultural characteristics and do not ex- and are called ―basic rights and freedoms‖. Consequently, branch rights supplement H. Behruz and M. Monshipouri rightly clude other interpretations of international hu- For example, Chapter 2 of the Constitution constitutional rights also because they are meant pointed out, that only those individual rights that man rights norms. Actually, in all cases, there of Republic of Armenia: ―Basic Rights and free- to fully cover a person‘s legal capacity in all are- correspond to the social problems of the society are even fundamental differences between the doms of the Human Being and the Citizen‖ inas of social relations, are progressing in parallel take into account cultural characteristics, reli- principles and reality proclaimed in internation- cludes such fundamental rights and freedoms of and independently of constitutional rights. gious traditions and beliefs, the accumulated ex- al legal and regional instruments. For example, persons living in the territory of RA as the right In other words, the ratio is not a ratio of perience of previous generations, and the moral the status of women in Islamic countries, ―invio- to life, right to physical and mental integrity, the whole and part, since both the basic and the principles of society can be recognized as uni- lable‖ in India. right to inviolability of the home, freedom of rights established by the rules of the branches of versal rights (Behruz, 2006, pp. 20-22; Monshi- Therefore, progress is realized in any cul- thought, conscience and religion, freedom of ex- law are independent. The correlation between pouri, 1994). Consequently, there are objective tural civilization, in the process of gradual con- pression of opinion, right to judicial protection these two groups of rights is that basic rights de- justifications for both doubts and opposition to vergence of perception and implementation of and the right to apply to international bodies for termine the content and main role not only of a the universal nature of fundamental human the fundamental principles of human rights and, the protection of human rights etc. In addition, in particular right but also of the entire human rights. of course, is facilitated by the globalization of Armenia, basic rights and freedoms of the hu- rights system. Basic rights are rights that belong First of all, there are regional, civilizational, economic and law, immigration, exchange of man being and the citizen are regulated by other not to a particular group of people, but to each and cultural differences in which people are cultural values, solution of global problems re- branches of law, which are not considered fun- person. Therefore, we can say with confidence born, raised, act, and think (Islamic, Jewish, etc.). lated to drug trafficking and the fight against in- damental in their content, and therefore do not that basic rights are not only constitutional but Second, there is a significant difference in ternational terrorism, natural and man-made dis- receive constitutional protection. Furthermore, also subjective rights. the social conditions where people live in differ- asters. rights enshrined in the current legislation specify,

WISDOM 1(14), 2020 162 163 163 Lilit KAZANCHIAN

Conclusions State Unity of Russia, in Russian). Moscow: Formula prava. Summing up the results of explored issues Farber, I. (1967). Prava cheloveka, grazhdanina and considering the fundamental rights as a dy- i litsa v sotsialisticheskom obshchestve namic phenomenon of the philosophy of law, we (Human Rights, Citizen and Person in a conclude that it is necessary to consider the Socialist Society, in Russian). Jurispru- rights of the individual, based on the combina- dence, 1, 39-46. tion of social conditions in this society and the Harutyunyan, G. (2005). Sahmanadrakan msha- state and the legal norms built on their basis. So- kuyt. Patmutyan dasery yev zhamanaki cial opportunities for a person enshrined by the martahravernery (Constitutional Cul- state in the Constitution and laws become legal ture: the Lessons of the History and the requirements that are subject to the protection Challenges of the Time, in Аrmenian). (guarantee) of the state. Moreover, human rights Yerevan: Nzhar Publishing. are an opportunity to determine the extent of Huymens, J. (1995). Post-Cold War Imposion one‘s own behaviour. As a result of our research, and Globalisation: Liberalism Runnig we have come to the simple conclusion, that if a Past Itself. Millennium: Journal of In- specific fundamental human right is not en- ternational Studies, 24(3), 88-87. shrined in the Constitution of a state, then it must Kartashkin, V. (2018). Prava cheloveka: mezh- be recognized in that state, regardless of its dunarodnaya zashchita v usloviyakh constitutional provision. globalizatsii (Human rights: internatio- It is obvious that basic human rights are the nal protection in the context of globali- inalienable, socially necessary opportunities zation, in Russian). Moscow: Norma. guaranteed by the government, to freely, con- Loth, W. (1998). The Division of the World - sciously and responsibly possess the vital mate- 1941-1945. London: Routledge. rial and spiritual goods. Lukasheva, E. (2006). Prava cheloveka. Konflikt kultur (Human Rights. The Conflict of REFERENCES Cultures, in Russian). Russian justice. 6, 15-24. Ayvazyan, V. (2008). Mardu iravunqner (Hu- Malcev, G. (1969). Sotsialisticheskoye pravo i man Rights, in Armenian). Yerevan: svoboda lichnosti (teoreticheskiye vop- Tigran Mets. rosy). (Socialist Law and Personal Behruz, H. (2006). Evolyutsiya islamskogo pra- Freedom (Theoretical Issues), in Rus- va: teoretiko-sravnitel‘noe issledovanie sian). Moscow: Yuridicheskaya litera- (The Evolution of Islamic Law: a The- tura. oretical and Comparative Study, in Marchenko, M. (2014). Teoriya gosudarstva i Russian). (PhD dissertation). Odessa. prava. (Theory of State and Law, in Ebzeev, B., Aybazov, R., & Krasnoryadtsev, S. English) (3rd ed.). Moscow: Yurayt. (2006). Globalizatsiya i gosudarstven- Marx, K., & Engels, F. (1955). Sochineniya noe edinstvo Rossii (Globalization and (Works, in Russian) (2nd ed., Vol. 1).

WISDOM 1(14), 2020 164 164 Features of Fundamental Rights in the Context of the Philosophy of Law

Conclusions State Unity of Russia, in Russian). Moscow: State Publishing House. Droit, pouvoire, savoir. 2ème éd. Paris: Moscow: Formula prava. Mattelman, J. (1996). Globalization: Critical Lancier. Summing up the results of explored issues Farber, I. (1967). Prava cheloveka, grazhdanina Reflactions. New York: Lynne Rienner Troshkin, Y. (1998). Prava cheloveka (Human and considering the fundamental rights as a dy- i litsa v sotsialisticheskom obshchestve pub. Boulder. Rights, in Russian). Moscow: Poly- namic phenomenon of the philosophy of law, we (Human Rights, Citizen and Person in a Monshipouri, M. (1994). Islamic Thinking and graphouse of Administration of Mos- conclude that it is necessary to consider the Socialist Society, in Russian). Jurispru- the Internationalization of Human cow reg. rights of the individual, based on the combina- dence, 1, 39-46. Rights. The Muslim World, LXXXIV, Vencent, R. (1989). Human Rights and Iternatio- tion of social conditions in this society and the Harutyunyan, G. (2005). Sahmanadrakan msha- 217-239. nal Relations. Cambridge: CUP. state and the legal norms built on their basis. So- kuyt. Patmutyan dasery yev zhamanaki Mutua, M. (2002). Human Rights: A Political Vitruk, V. (2008). Obshchaya teoriya pravovogo cial opportunities for a person enshrined by the martahravernery (Constitutional Cul- and Cultural Critique. Philadelphia: polozheniya lichnosti. (The General state in the Constitution and laws become legal ture: the Lessons of the History and the Philadelphia Univ. Press. Theory of the Legal Status of a Person, requirements that are subject to the protection Challenges of the Time, in Аrmenian). Nedbaylo, P. (1965). Aktual‘nye voprosy sovet- in Russian). Moscow: Norma. (guarantee) of the state. Moreover, human rights Yerevan: Nzhar Publishing. skoi yuridicheskoi nauki (Actual Issues Voevodin, L. (1997). Yuridicheskiy status lich- are an opportunity to determine the extent of Huymens, J. (1995). Post-Cold War Imposion of Soviet Legal Science, in Russian). nosti v Rossii (The Legal Status of a one‘s own behaviour. As a result of our research, and Globalisation: Liberalism Runnig Abstracts of the Republican Interuni- Person in Russia, in Russian). Moscow: we have come to the simple conclusion, that if a Past Itself. Millennium: Journal of In- versity Scientific Conference Dedicated Norma. specific fundamental human right is not en- ternational Studies, 24(3), 88-87. to the Problems of Soviet Law (p. 5). Yeritsyan, A. (2007). Mardu iravunqneri yev shrined in the Constitution of a state, then it must Kartashkin, V. (2018). Prava cheloveka: mezh- Odessa: Publishing house of the State drants pashtpanut‘yan himnakhndir- be recognized in that state, regardless of its dunarodnaya zashchita v usloviyakh University I.I. Mechnikov. nery globalizatsiayi darashrjanum constitutional provision. globalizatsii (Human rights: internatio- Rideau, J. (2003). Droit institutionnel de l‘Union (Problems of Human Rights and their It is obvious that basic human rights are the nal protection in the context of globali- et des Communautes Europeennes. Protection in the Age of Globalization, inalienable, socially necessary opportunities zation, in Russian). Moscow: Norma. 4ème éd.. Paris: L.G.D.J. in Armenian). Yerevan: Heghinakayin guaranteed by the government, to freely, con- Loth, W. (1998). The Division of the World - Trion, N. (2012). Théorie générale du droit: hratarakchutyun. sciously and responsibly possess the vital mate- 1941-1945. London: Routledge. rial and spiritual goods. Lukasheva, E. (2006). Prava cheloveka. Konflikt kultur (Human Rights. The Conflict of REFERENCES Cultures, in Russian). Russian justice. 6, 15-24. Ayvazyan, V. (2008). Mardu iravunqner (Hu- Malcev, G. (1969). Sotsialisticheskoye pravo i man Rights, in Armenian). Yerevan: svoboda lichnosti (teoreticheskiye vop- Tigran Mets. rosy). (Socialist Law and Personal Behruz, H. (2006). Evolyutsiya islamskogo pra- Freedom (Theoretical Issues), in Rus- va: teoretiko-sravnitel‘noe issledovanie sian). Moscow: Yuridicheskaya litera- (The Evolution of Islamic Law: a The- tura. oretical and Comparative Study, in Marchenko, M. (2014). Teoriya gosudarstva i Russian). (PhD dissertation). Odessa. prava. (Theory of State and Law, in Ebzeev, B., Aybazov, R., & Krasnoryadtsev, S. English) (3rd ed.). Moscow: Yurayt. (2006). Globalizatsiya i gosudarstven- Marx, K., & Engels, F. (1955). Sochineniya noe edinstvo Rossii (Globalization and (Works, in Russian) (2nd ed., Vol. 1).

WISDOM 1(14), 2020 164 165 165

PHILOSOPHY OF ART

WISDOM 1(14), 2020 166 166 Lucio GIULIODORI, Aisana BOLDYREVA, Anna BOBUNOVA, Vladislav BORANENKOV, Elena NOTINA

DOI: 10.24234/wisdom.v14i1.306 Lucio GIULIODORI,

Aisana BOLDYREVA, Anna BOBUNOVA, Vladislav BORANENKOV, Elena NOTINA

SURREALISM BETWEEN PSYCHOLOGICAL INVESTIGATION AND ARTISTIC COMMITMENT

Abstract

Deciphering the mysteries of the unconscious was one of the central aims of Surrealists who, in order to achieve this goal, experimented with the most different techniques. The unconscious, displaying the contents that then can be painted, turned to be both a way to embark on inner exploration and a source of PHILOSOPHY OF ART creativity. My paper firstly sheds light onto this marriage of art and psychology which, in Surrealism, harmoniously blended generating a fascinating and fruitful combination between creation and self-creation - art as a tool of self-knowledge and even inner evolution is one of the main consequences. Lastly, this study examines the surrealist scene today, considering how and why, through the decades, the painters‘ aims changed and why we should or shouldn‘t still call them ―Surrealists‖.

Keywords: surrealism, paintings, contemporary art, aesthetics, philosophy of art, psychology, unconscious.

―We do not want to reproduce, we want to produce, like a plant which produces a fruit, directly and not by intermediary. We want to produce directly. Not indirectly.‖ Hans Arp

An Inner Journey realism itself – which was partly inspired by the ―metaphysical investigations‖ carried out by De At the end of World War I, many of the Chirico. However, what was Surrealism‘s main main characters of Dada gathered in Paris; Pica- aim? According to Flaminio Gualdoni (2008): bia, Tzara, Ray, Duchamp and Ernst were ―The objective was still that of total art, among the leading figures. The periodical Litté- i.e. of a wide-ranging artistic attitude that rature set up by Breton and Soupault in collabo- cultivated all means of expression, from ration with Aragon was the main laboratory poetry to music, from drama to painting, playing down specific techniques and whose experiments would then later lead to Sur-

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languages in favour of creativity that was dream reality and the unconscious. At linked entirely to the moods of the indi- first, it was the writers Paul Éluard and vidual and that chose, on each occasion, André Breton, who, having joined togeth- the most suitable medium with which to er in 1921 in order to enrich their art, work‖ (p. 7). sought to stage dreams, visions, uncon- On top of that, surrealists‘ concerns turned trolled associations and experiences of th out to be linked with psychology, more precisely intoxication. It was known that in the 19 with the ―discovery‖ of the unconscious, to century, writers like Stéphane Mallarmé which Surrealism owes a great deal. Even used drugs to broaden their senses in order to open up new dimensions for their though Assagioli thought that this discovery writing‖ (p. 104). could have been compared to the discovery of a They were literally looking for another – new continent1, Massimo Recalcati argues that surreal - dimension: Freud basically didn‘t discover the unconscious ―The marvellous was thought to occur rather, through his narrative, he invented it (Re- naturally, in spaces where the curse of calcati, 2007). Taking everything into account, reason had yet to penetrate: in childhood, poets, philosophers, artists or mystics who lived madness, sleepiness and drug-induced much before Freud, in different ways, mentioned hallucination; in so-called ―primitive‖ or even experienced inner journeys of all kinds - societies whose members were thought to ―altered states of consciousness‖ as we would be closer to their instincts than to the define these involvements today. As a matter of learned sophistication of ―civilisation‖; fact, when the walls of consciousness are and, crucially, in dreams, the conditions crossed, we can only find the unconscious - or of which the painters attempted to reproduce‖ (Eimert, 2013, p. 9). whatever name we assign it. Summing up, René Breton (1969) beauti- According to Fiona Bradley (1997): ―Surre- fully defines Surrealism as a way into a mental alism sought communication with the irrational world of endless possibilities, ―a certain point of and the illogical, deliberately disorientating and the mind at which life and death, the real and the reorientating the conscious by means of the un- imagined, past and future, the communicable and conscious‖ (p. 9). That was exactly its main aim. the incommunicable, high and low cease to be To achieve this target, the first surrealists used to perceived as contradictions‖ (pp. 123-124). experiment with the most different techniques, Aragon is even more precise concerning from frottage to automatic writing, from assem- surrealists‘ perception of reality, and the quota- blage to cadavre exquis, from dripping to hypno- tion is not brief, nevertheless worth being men- sis and, last but not least, drugs itself. As Dor- tioned: othea Eimert (2013) states: ―First of all, each of us regarded himself ―Surrealism made use of the experiences as the object of a special disturbance of the others in the spheres of unsettling struggled against this disturbance. Soon its nature was revealed. Everything oc- 1 ―The importance of the discovery of the uncon- curred as if the mind, having reached this scious, has been compared to that of America, of a new continent. One can even compare it to the revo- crest of the unconscious, had lost the lution caused by the substitution of the geocentric power to recognize its position. In it sub- conception with that heliocentric‖ (Assagioli, 1993, p. 17. My translation). sisted images that assumed form, became

WISDOM 1(14), 2020 168 168 Surrealism between Psychological Investigation and Artistic Commitment

languages in favour of creativity that was dream reality and the unconscious. At the substance of reality. They expressed significant role in displaying the unconscious linked entirely to the moods of the indi- first, it was the writers Paul Éluard and themselves according to this relation, as a landscapes. Among the various techniques tested vidual and that chose, on each occasion, André Breton, who, having joined togeth- perceptible force. They thus assumed the by surrealists, dreaming is certainly the main one the most suitable medium with which to er in 1921 in order to enrich their art, characteristics of visual, auditive, tactile, as it is the most powerful3. Dreaming does open work‖ (p. 7). sought to stage dreams, visions, uncon- hallucinations. We experienced the full the door to the abyss of the unconscious, and this On top of that, surrealists‘ concerns turned trolled associations and experiences of strength of these images. We have lost the th is precisely what surrealists were/are looking for: out to be linked with psychology, more precisely intoxication. It was known that in the 19 power to manipulate them. We had be- deciphering and painting it through dreaming. with the ―discovery‖ of the unconscious, to century, writers like Stéphane Mallarmé come their domain, their subjects. In bed As Mary Ann Caws (2010) puts it: which Surrealism owes a great deal. Even used drugs to broaden their senses in or- just before falling asleep, in the street, der to open up new dimensions for their with eyes wide open with all the machin- ―Dream is, of course, commonly consid- though Assagioli thought that this discovery writing‖ (p. 104). ery of terror, we held out our hand to ered as the peak of the unconscious could have been compared to the discovery of a mind‘s experience, and a resource for the 1 They were literally looking for another – phantoms…‖ (Nadeau, 1989, p. 46). new continent , Massimo Recalcati argues that conscious analysis of that experience. The surreal - dimension: Aragon died in 1897, yet those phantoms Freud basically didn‘t discover the unconscious opening up of the field of possibilities was ―The marvellous was thought to occur are still the main characters in contemporary Sur- rather, through his narrative, he invented it (Re- never more exciting to the group than in naturally, in spaces where the curse of realism, a movement which never really died. calcati, 2007). Taking everything into account, dream phenomena, whether interpreted reason had yet to penetrate: in childhood, Uppermost pillars such as Leonora Carrington, collectively or singly. Far beyond the dull poets, philosophers, artists or mystics who lived madness, sleepiness and drug-induced Leonor Fini, Paul Delvaux and René Magritte colours of the real, as the young Surreal- much before Freud, in different ways, mentioned hallucination; in so-called ―primitive‖ laid the foundations for an astounding artistic ists perceived them, stretched this glori- or even experienced inner journeys of all kinds - societies whose members were thought to phenomenon which undoubtedly and inelucta- ous uncontrollable openness, as far as the ―altered states of consciousness‖ as we would be closer to their instincts than to the bly, is a far cry from running its course, rather mind could reach‖ (p. 20). define these involvements today. As a matter of learned sophistication of ―civilisation‖; the issues it has raised remain central to current Surrealists always considered dreaming as fact, when the walls of consciousness are and, crucially, in dreams, the conditions debates. an immense source of knowledge: crossed, we can only find the unconscious - or of which the painters attempted to reproduce‖ (Eimert, 2013, p. 9). Painters are still involved in decoding the ―Why should we not concede to the whatever name we assign it. Summing up, René Breton (1969) beauti- mysteries of something which, undeniably, is dream, Breton asks, hat we sometimes re- According to Fiona Bradley (1997): ―Surre- fuse to attribute to reality – the weight of fully defines Surrealism as a way into a mental still deeply cagey and mysterious: the uncon- alism sought communication with the irrational absolute certainty? Why should we not world of endless possibilities, ―a certain point of scious indeed. and the illogical, deliberately disorientating and expect more of the dream than we do the mind at which life and death, the real and the reorientating the conscious by means of the un- from consciousness? Cannot dreams as imagined, past and future, the communicable and Dreaming, Creation and Self-Creation conscious‖ (p. 9). That was exactly its main aim. well be applied to the solution of life‘s the incommunicable, high and low cease to be To achieve this target, the first surrealists used to fundamental problems? When confronted perceived as contradictions‖ (pp. 123-124). As far as psychologists‘ commitment is experiment with the most different techniques, Aragon is even more precise concerning concerned, a final definition of the unconscious from frottage to automatic writing, from assem- nature of the unconscious. Let us consider his words: surrealists‘ perception of reality, and the quota- is still yet to come. ―We should now proceed to find a neutral or unitary blage to cadavre exquis, from dripping to hypno- language in which every concept we use is application is not brief, nevertheless worth being men- Moreover, this is a hard problem to tackle sis and, last but not least, drugs itself. As Dor- ble both to the unconscious and to the matter, in or- tioned: as the object of investigation is indeed invisible der to overcome this old belief that the unconscious othea Eimert (2013) states: psyche and matter are two separate things‖ (Teo- ―First of all, each of us regarded himself to the five senses, and as such, it can‘t be ana- ―Surrealism made use of the experiences dorani, 2011, p. 82). My translation. as the object of a special disturbance lysed by using the mechanist-scientist model. 3 As we all know, Sigmund Freud represented one of of the others in the spheres of unsettling the main sources of inspiration for surrealists and, to struggled against this disturbance. Soon However, if science has not yet yielded any this regard, it‘s worth mentioning a brief correspond- its nature was revealed. Everything oc- 2 ence between him and Breton about a topic which 1 results , art (Surrealism) carves itself out quite a ―The importance of the discovery of the uncon- curred as if the mind, having reached this was of interest for the creator of the surrealist Mani- scious, has been compared to that of America, of a festo: the relationship between dreaming and artistic new continent. One can even compare it to the revo- crest of the unconscious, had lost the 2 The mechanist model will never manage to decode creation. lution caused by the substitution of the geocentric power to recognize its position. In it sub- the unconscious, that is why Wolfgang Pauli hoped However, contrary to Breton, Freud was not so conception with that heliocentric‖ (Assagioli, 1993, physics and psychology could meet, giving birth to a interested in that topic and the correspondence ended p. 17. My translation). sisted images that assumed form, became new language able to describe the absurdity of the shortly.

WISDOM 1(14), 2020 168 169 169 Lucio GIULIODORI, Aisana BOLDYREVA, Anna BOBUNOVA, Vladislav BORANENKOV, Elena NOTINA

with the value or importance of the dream ―Yes, but that‘s each artist‘s choice. For state, wakefulness appears to be nothing some, it is an aid to psychological, intel- more than a complete obstacle‖ (Adonis, lectual, and spiritual development; for 2016, p. 188). others, art is simply something they do to Dreaming in Breton‘s perspective gains in make a living. I have learned a lot about symbolic weight by virtue of the power of mean- myself through my work over the years. ing in representation, setting off a chain of multi- The fact that each painting is a new be- valent reactions in terms of a radical shift of per- ginning forces me to reconsider all that I know. I struggle not to repeat myself and ception. This perspective still applies today. to discover something new with each Now, focusing on the main point: creativity painting‖․4 is for surrealists quite peculiar as it is at the same No surprise, his images, as is typical among time the a priori of the final result, the picture surrealists, are deeply oneiric. itself, and a way to embark on an inner explora- Contemporary Surrealism is an infinite tion, almost a self-analysis: dreaming is a source source of amazing artists who feature the world of inspiration, but it is also a wide-open window of the unconscious in numerous and mesmeriz- to the inner world, to the hidden sides of the psy- ing ways, among them noteworthy, just to men- che. The main consequence is that in Surrealism, tion a few: Andrea Kowch, Timothy Cummings, art and psychology, harmoniously blend generat- Aron Wiesenfeld, Mike Worrall, Renata Palu- ing chemistry between creation and self-creation. binskas, Rodney Wood, Shinji Asano, Simona An inner investigation cannot but produce Bramati, Alessandro Bulgarini, Scott Hess, Eddy changes in one‘s life, at best an effective im- Stevens, Michaёl Borremans, Jolanda Richter, provement: if dreaming unveils secret sides or Guy Kinnear, Pamela Wilson, Steve Da Luz, even unresolved problems or complexes, the Michael Pearce, Graham Toms, Salvatore Alessi, consequence, it is a stance on the vigil. Ilaria del Monte, and Nojus Petrauskas5. These The artistic creation, specifically a painting, painters, through paintings, dig into the deepest configures itself as a kind of x-ray, the photo of sides of the unconscious. what exactly one should work on, the oneiric

dimension often discloses what the vigil keeps Main Divergences between Early and concealed - both dimensions depict two different Contemporary Surrealists layers of the same reality. Creativity in Surreal-

ism, clearly merges with a kind of self-know- Even though today‘s painters are still in- ledge, hence its nobility: Surrealism is not mere- volved in decoding the mysteries of the uncon- ly art. Surrealism can be seen as a movement scious, albeit, in another way (which will be ana- pivoted in a principle of change, of improve- lyzed shortly), two main differences separate the ment: artists, by painting, explore themselves, two groups. become themselves, by creating, they create The first dissimilarity makes reference to themselves. politics and the second to psychology. To the question: Can we consider art as a tool of inner evolution somehow? The contem- 4 porary surrealist painter Steven Kenny says: See: http://www.luciogiuliodori.net/steven-kenny-s- interview.html, retrieved December 04, 2018. 5 They are all living artists.

WISDOM 1(14), 2020 170 170 Surrealism between Psychological Investigation and Artistic Commitment

with the value or importance of the dream ―Yes, but that‘s each artist‘s choice. For The first Surrealists were fascinated by Today, Surrealism is everything except a politi- state, wakefulness appears to be nothing some, it is an aid to psychological, intel- Marxists theories and, at least at the beginning, cized movement, even less a communist or more than a complete obstacle‖ (Adonis, lectual, and spiritual development; for tried to add a Marxist tone to their narrative, here Marxist movement. To this regard, we should 2016, p. 188). others, art is simply something they do to is what Breton (1935) stated about it: ―Trans- look at this fact as an amazing achievement in- Dreaming in Breton‘s perspective gains in make a living. I have learned a lot about former le monde, a dit Marx; ―Changer la vie‖, deed: the noble search of the inner world and the symbolic weight by virtue of the power of mean- myself through my work over the years. a dit Rimbaud; ces deux mots d‘ordre pour nous unconscious has nothing whatever to do with ing in representation, setting off a chain of multi- The fact that each painting is a new be- n‘en font qu‘un‖. This famous statement by An- Communism. valent reactions in terms of a radical shift of per- ginning forces me to reconsider all that I know. I struggle not to repeat myself and dré Breton underscores the surrealists‘ view If in political terms there‘s not even com- ception. This perspective still applies today. to discover something new with each about Communism. parison, a similar clash doesn‘t apply psycholog- Now, focusing on the main point: creativity painting‖․4 To this regard, Robert Short (1966) af- ically. Nowadays, the majority of painters don‘t is for surrealists quite peculiar as it is at the same No surprise, his images, as is typical among firmed: experiment with techniques anymore as the first time the a priori of the final result, the picture surrealists, are deeply oneiric. ―Not that the Surrealists ever had a deci- Surrealists did; nevertheless, what they paint is itself, and a way to embark on an inner explora- Contemporary Surrealism is an infinite sive effect on the course of political unequivocally related to the unconscious. They tion, almost a self-analysis: dreaming is a source events, or made any original contribution 6 source of amazing artists who feature the world don‘t experiment anymore as, again, the histori- of inspiration, but it is also a wide-open window to political theory. The interest of the of the unconscious in numerous and mesmeriz- cal context changed: the unconscious is not a to the inner world, to the hidden sides of the psy- movement‘s political history lies in its te- ing ways, among them noteworthy, just to men- brand new concept anymore, at least as it was at che. The main consequence is that in Surrealism, nacious efforts, set forth in some highly tion a few: Andrea Kowch, Timothy Cummings, the beginning of the 20th century when Freud‘s art and psychology, harmoniously blend generat- articulate polemical writing, to associate 7 Aron Wiesenfeld, Mike Worrall, Renata Palu- theories spread . ing chemistry between creation and self-creation. its intellectual, artistic, and moral preoc- binskas, Rodney Wood, Shinji Asano, Simona cupations with the aims and methods of The great part of contemporary painters re- An inner investigation cannot but produce Bramati, Alessandro Bulgarini, Scott Hess, Eddy international communism. The issues at lates to the unconscious in the way it best fits changes in one‘s life, at best an effective im- Stevens, Michaёl Borremans, Jolanda Richter, stake may be reduced to three: the recon- them: only painting indeed. They are still fasci- provement: if dreaming unveils secret sides or Guy Kinnear, Pamela Wilson, Steve Da Luz, ciliation of a generalized spirit of revolt nated by the riddles that the concept of the un- even unresolved problems or complexes, the Michael Pearce, Graham Toms, Salvatore Alessi, with revolutionary action; the reconcilia- conscious rises, and they still paint oneiric sub- consequence, it is a stance on the vigil. Ilaria del Monte, and Nojus Petrauskas5. These tion of the idea of a ―spiritual revolution‖ jects, world-dreams scenarios are still central in The artistic creation, specifically a painting, and its accompanying insistence on ethi- painters, through paintings, dig into the deepest their work yet their involvement is, generally, configures itself as a kind of x-ray, the photo of cal ―purity‖ with the practical necessities sides of the unconscious. limited to painting (with certain exceptions: Dino what exactly one should work on, the oneiric of political effectiveness; the reconcilia- Valls for example). dimension often discloses what the vigil keeps tion of an independent revolutionary art Main Divergences between Early and Nowadays, there is no Manifesto, no guid- concealed - both dimensions depict two different with the demands for propaganda and di- Contemporary Surrealists ance to share, that is why artists don‘t belong to a layers of the same reality. Creativity in Surreal- dacticism made by the communist party‖ (p. 17). specific closed group. They are absolutely free in ism, clearly merges with a kind of self-know- Even though today‘s painters are still in- Contrariwise, contemporary artists are very their commitment. However, they do represent ledge, hence its nobility: Surrealism is not mere- volved in decoding the mysteries of the uncon- far from Marxism and Communism, for the his- the heritage of the movement created by Breton ly art. Surrealism can be seen as a movement scious, albeit, in another way (which will be ana- torical context changed drastically. As a matter in 1920. pivoted in a principle of change, of improve- lyzed shortly), two main differences separate the of fact, the faith in Communism, through the last To sum up, even though that specific ment: artists, by painting, explore themselves, two groups. decades, decreased enormously and not only movement died, there are still artists today in- become themselves, by creating, they create The first dissimilarity makes reference to among Surrealists: the soviet tanks in Prague and themselves. 6 They don‘t because the first Surrealists tried quite a politics and the second to psychology. Budapest, the gulags, the estimated twenty mil- To the question: Can we consider art as a wide range of techniques which, in the end, didn‘t lion people killed in total and, in the end, all the yield significant results in terms of an ultimate defi- tool of inner evolution somehow? The contem- nition of the unconscious. 4 Stalinist terror unveiled by Khrushchev well- 7 porary surrealist painter Steven Kenny says: See: http://www.luciogiuliodori.net/steven-kenny-s- It 1920 the American psychologist G. Stanley Hall interview.html, retrieved December 04, 2018. nigh thawed out even the strongest believers. invited Freud to visit Clark University in Worcester, 5 They are all living artists. Massachusetts, to deliver a series of lectures.

WISDOM 1(14), 2020 170 171 171 Lucio GIULIODORI, Aisana BOLDYREVA, Anna BOBUNOVA, Vladislav BORANENKOV, Elena NOTINA

volved in depicting the contents of the uncon- Valls undoubtedly assigns art a hard under- scious, and they do so in different ways. Whether taking. However, what matters here is his con- calling them Surrealists or not is still an unsolved ception of art and his way of being an artist: ―A question, it is as fascinating as hard to tackle. psycho-analyst-easel‖. As long as we still haven‘t reached an ob- Valls uses a Jungian technique called ―ac- jective definition of the unconscious itself - for tive imagination‖ through which he manages to science hasn‘t found it yet8 - we shouldn‘t con- see the contents of his unconscious which pro- sider the surrealist chapter as closed for good. As vides the material he would then paint. This scientists and artist are still facing up to its mys- technique was very important for Jung‘s psycho- terious nature, we - yet being acknowledged of therapy: their history - should probably keep calling them ―In his final great work Mysterium con- Surrealists, contemporary Surrealists. junctionis, he shows how active imagination is the way to self-knowledge (―Know Dino Valls thyself‖), and the process of individua- tion. From his mature perspective, he is

describing much more than a specific Within the various and jagged context of meditative procedure or expressive tech- Contemporary Surrealism, the Spanish contem- nique. In the deepest sense active imagi- porary painter Dino Valls stands out as a beauti- nation is the essential, inner-directed ful exception. symbolic attitude that is at the core of In the Vallsian output, painting is a syno- psychological development‖ (Chodorow, nym of inner investigation for what he does is 1997, p. 17). literally ―psychoanalysis through art‖. Let us This famous technique should be performed consider his words: keeping the conscious mind awake; it could be ―The figures I paint are incarnations of described as a kind of ―contemplation‖ where the subconscious-projection of my soul. conscious and unconscious literally meet – it Just like a psycho-analyst-easel. There, goes without saying that we are extremely far psychoanalysis walls and mirrors of the from the early surrealist techniques where only collective unconscious are exposed. Sci- the unconscious mind was involved while the ences and religions claim to explain the conscious was totally rejected. eternal question of the meaning of exist- ―Jung speaks of the need for systematic ence, the profound dichotomy between exercises to eliminate critical attention the material and the spiritual. Art must and produce a vacuum in consciousness. unite this duality; its realm is the space This part of the exercises is familiar to between one and the other‖ (Trabacchini, many psychological approaches and 2010) 9. forms of meditation. It involves a suspen- sion of our rational critical faculties in order to give free rein to fantasy. 8 Psychology has struggled with it over the past decades and, needless to say, a breakthrough in finding new The special way of looking that brings answers is still yet to come. To deepen the matter see things alive (betracheten) would be relat- the famous and detailed work by Ellenberger, 1970. 9 I have also delved deeper the issue on this short article on my website: http://www.luciogiuliodori.net/notes- partly published on my Academia.edu page: https:- on-surrealism-.html, as well as in other four essays //rudn.academia.edu/LucioGiuliodori.

WISDOM 1(14), 2020 172 172 Surrealism between Psychological Investigation and Artistic Commitment

volved in depicting the contents of the uncon- Valls undoubtedly assigns art a hard under- ed to this phase of active imagination. In In conclusion, surrealist painters by inces- scious, and they do so in different ways. Whether taking. However, what matters here is his con- his Commentary on The Secret of the santly glimpsing and reproducing the uncon- calling them Surrealists or not is still an unsolved ception of art and his way of being an artist: ―A Golden Flower (1929) Jung speaks of the scious, become familiar with the recesses of it. question, it is as fascinating as hard to tackle. psycho-analyst-easel‖. first step in terms of wu wei that is, the They manage to have a symbiosis with their in- Taoist idea of letting things happen‖ As long as we still haven‘t reached an ob- Valls uses a Jungian technique called ―ac- ner world, as they break down, step by step, the (Chodorow, 1997, p. 10). jective definition of the unconscious itself - for tive imagination‖ through which he manages to barriers that separate the conscious and the un- Valls then could be considered as the cory- science hasn‘t found it yet8 - we shouldn‘t con- see the contents of his unconscious which pro- conscious. phaeus of this new generation of surrealists sider the surrealist chapter as closed for good. As vides the material he would then paint. This Therefore, surrealist painting is a sophisti- painters which are characterized by this mix be- scientists and artist are still facing up to its mys- technique was very important for Jung‘s psycho- cated exercise of interaction with the uncon- tween innovation and heritage10. terious nature, we - yet being acknowledged of therapy: scious, which in turn is not merely a source of By innovation, I refer to overcoming the their history - should probably keep calling them ―In his final great work Mysterium con- creativity and inspiration, but rather an indicator strict rules exposed by Breton, especially those Surrealists, contemporary Surrealists. junctionis, he shows how active imagina- of what lies behind the conscious wall. Surrealist relating to the rejection of the conscious mind, tion is the way to self-knowledge (―Know art unveils a marvellous invisible world, which, while by heritage I make reference to a kind of Dino Valls thyself‖), and the process of individua- amid archetypes and shadows, lives within. tion. From his mature perspective, he is fidelity to the surrealist core itself: the depiction describing much more than a specific of the unconscious – it is self-evident that the Within the various and jagged context of REFERENCES meditative procedure or expressive tech- depiction must be preceded by some sort of in- Contemporary Surrealism, the Spanish contem- nique. In the deepest sense active imagi- vestigation which nowadays totally differs from porary painter Dino Valls stands out as a beauti- Adonis (2016). Sufism and Surrealism. London: nation is the essential, inner-directed the early Surrealism‘s. ful exception. Saqi Books. symbolic attitude that is at the core of In the Vallsian output, painting is a syno- psychological development‖ (Chodorow, Assagioli, R. (1993). Psicosintesi. Roma: Astro- Conclusion nym of inner investigation for what he does is 1997, p. 17). labio. literally ―psychoanalysis through art‖. Let us This famous technique should be performed Bradley, F. (1997). Surrealism. London: Tate André Masson, echoing Jung, once de- consider his words: keeping the conscious mind awake; it could be Publishing. scribed Surrealism as a collective experience of ―The figures I paint are incarnations of described as a kind of ―contemplation‖ where Breton, A. (1935). Position Politique Du Surréa- individualism. Jung himself, stated that ―the un- the subconscious-projection of my soul. conscious and unconscious literally meet – it lisme. Paris: Sagittaire. conscious manifests itself through images‖ Just like a psycho-analyst-easel. There, goes without saying that we are extremely far Breton, A. (1969). Manifestoes of Surrealism (R. (Jung, 2009), hence dreaming is a perfect tool of psychoanalysis walls and mirrors of the from the early surrealist techniques where only Seaver & H. R. Lane, Trans.). Ann Ar- collective unconscious are exposed. Sci- individual investigation for surrealist artists the unconscious mind was involved while the bor: The University of Michigan Press. ences and religions claim to explain the whose main task is painting. conscious was totally rejected. Caws, M. A. (2010). Surrealism. Abridged: eternal question of the meaning of exist- Moreover, the more an artist connects with ―Jung speaks of the need for systematic Phaidon Press. ence, the profound dichotomy between the unconscious, the stronger the connection be- exercises to eliminate critical attention the material and the spiritual. Art must Chodorow, J. (1997). Introduction to Jung on and produce a vacuum in consciousness. comes. The reproduction itself is not only art – as unite this duality; its realm is the space Active Imagination. Princeton: Prince- This part of the exercises is familiar to Hans Arp puts it: ―We do not want to reproduce, between one and the other‖ (Trabacchini, ton University Press. many psychological approaches and we want to produce, like a plant which produces 2010) 9. Eimert, D. (2013). Art of the 20th Century. New forms of meditation. It involves a suspen- a fruit‖ (Paldam, 2015, p. 97). York: Parkstone. sion of our rational critical faculties in 10 Ellenberger, H. (1970). The Discovery of the Un- order to give free rein to fantasy. To this regard see my essay: In search of the Self, 8 Psychology has struggled with it over the past decades through paintings-beyond paintings: Dino Valls. conscious: The History and Evolution and, needless to say, a breakthrough in finding new The special way of looking that brings Proceedings of the Conference: How and where are answers is still yet to come. To deepen the matter see things alive (betracheten) would be relat- we going?, Finance University, Faculty of Philoso- of Dynamic Psychiatry. New York: the famous and detailed work by Ellenberger, 1970. phy, Moscow. Retrieved May 17, 2019, from: https:- Basic Books. 9 I have also delved deeper the issue on this short article //www.academia.edu/39176029/In_search_of_the_S on my website: http://www.luciogiuliodori.net/notes- partly published on my Academia.edu page: https:- elf_through_paintings-beyond_paintings_Dino_- on-surrealism-.html, as well as in other four essays //rudn.academia.edu/LucioGiuliodori. Valls.

WISDOM 1(14), 2020 172 173 173 Lucio GIULIODORI, Aisana BOLDYREVA, Anna BOBUNOVA, Vladislav BORANENKOV, Elena NOTINA

Gualdoni, F. (2008). Surrealism (Ch. Evans, Short, R. S. (1966). The Politics of Surrealism. Trans.). Milano: Skiria. Journal of Contemporary History, 1(2), Jung, C. G. (2009). The Red Book. New York: 3-25. W. W. Norton & Company. Teodorani, M. (2011). Sincronicità. ll Legame Nadeau, M. (1989). The History of Surrealism. Tra Fisica e Psiche da Pauli e Jung a Harward: Belknapp Press. Chopra, Cesena: Macro Edizioni. Paldam, C. S. (2015). Art, Technology and Na- Trabacchini, A. (2010). Tele pazze per l‘uomo ture: Renaissance to Postmodernity. saggio. Intervista a Dino Valls. Re- Routledge: London. trieved April 03, 2020, from: http://te- Recalcati, M. (2007). Elogio dell‘inconscio. lepazze.blogspot.com/2010/04/intervis- Milano: Bruno Mondadori Carl Gustav. ta-dino-valls.html.

WISDOM 1(14), 2020 174 174 NOTES TO CONTRIBUTORS

Gualdoni, F. (2008). Surrealism (Ch. Evans, Short, R. S. (1966). The Politics of Surrealism. NOTES TO CONTRIBUTORS Trans.). Milano: Skiria. Journal of Contemporary History, 1(2),

Jung, C. G. (2009). The Red Book. New York: 3-25. SUBMISSION cle, W. W. Norton & Company. Teodorani, M. (2011). Sincronicità. ll Legame The publication fee for the articles accepted  font size for the text of the article - 12, for Nadeau, M. (1989). The History of Surrealism. Tra Fisica e Psiche da Pauli e Jung a to publication in the scientific journal WISDOM the footnotes - 10, Harward: Belknapp Press. Chopra, Cesena: Macro Edizioni. is 400 USD.  line spacing for the text of the article - 1.3, Paldam, C. S. (2015). Art, Technology and Na- Trabacchini, A. (2010). Tele pazze per l‘uomo There is no fee for the manuscript review. for the footnotes - 1, first line - 0.8 cm. ture: Renaissance to Postmodernity. saggio. Intervista a Dino Valls. Re- The manuscripts that pass the review process are Routledge: London. trieved April 03, 2020, from: http://te- being guaranteed to publication. On this issue, ARTICLE LENGTH Recalcati, M. (2007). Elogio dell‘inconscio. lepazze.blogspot.com/2010/04/intervis- the authors receive an official letter. After receiv- Not exceeding 8000 words. Milano: Bruno Mondadori Carl Gustav. ta-dino-valls.html. ing the official letter the author of the manuscript

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MANUSCRIPT MUST BE SUBMITTED ABSTRACT  in English,  should not exceed 200 words,  printed and in electronic versions: the au-  should be informative and not contain gen- thor is obliged to guarantee the compliance eral words and phrases, of the manuscript to the topics of the peri-  the abstract should describe the research odical and provide the final copyright ver- and the results, sion,  should reflect the main content of the arti-  in Microsoft Office Word, cle taking into consideration the following  page size - A4, viewpoints: subject, purpose, research re-  font face - Times New Roman, sults and conclusions,  footnotes should be given at the bottom of  the information contained in the title the page, references - at the end of the arti- should not be duplicated in the abstract,

WISDOM 1(14), 2020 174 175 175 NOTES TO CONTRIBUTORS

 the abstract should provide a good perspec- For a book by an editor: tive on the final message of the article. Ayer, A. J. (Ed.). (1959). Logical Positiv- ism. Glencoe, Illinois: The Free Press. INTRODUCTION should For an article in a journal:  reflect the article‘s contribution to the sco- Jacoby, W. G. (1994). Public attitudes toward pes of philosophy and methodology of sci- government spending. American Journal of ence, Political Science, XXXVIII(2), 336-361.  reflect the current concerns in the area, For a book section:  specify the research objectives. O'Neil, J. M., & Egan, J. (1992). Men's and women's gender role journeys: A metaphor CONCLUSIONS should be clearly formulat- for healing, transition, and transformation. In ed and presented. B. R. Wainrib (Ed.), Gender issues across the life cycle (pp. 107-123). New York: Springer. KEYWORDS For an article in a periodical:  should be up to ten, Djidjian, R. Z. (2016). Paradoxes of Human  should be separated by a comma. Cognition. Wisdom, 7(2), 49-58. In case of citing various works of the same REFERENCES author published in the same year, it is neces-  The manuscript should be constructed ac- sary to apply to a letter differentiation meth- cording to the APA citation system. For in- od, i.e. a, b etc.: stance: (Soros, 2001, p. 10) (Toulmin, 1958, (Hovhannisyan, 2006a; Hovhannisyan, pp. 56-57) (Hilbert & Bernays, 1934). 2006b; Hovhannisyan, 2006c).  The Latin transliteration of all the non- For a website publication: Latin-lettered references should be includ- Texts of the articles submitted in a website ed as well. For instance: usually vary from their printed versions that is Брутян, Г. А. (1992). Очерк теории аргу- why in case of citing the latter website ver- ментации. Ереван: Изд-во АН Армении. sions, it is necessary to indicate the appropri- Brutian, G. A., (1992). Ocherk teorii argu- ate electronic address, moreover, the citation mentatsii (Outline of Argumentation Theory, of the printed version is not accepted: in Russian). Yerevan: NAS RA Publication.  Djidjian, R. Z. (2015). Understanding For a book by a single author: Capacity as the Principle Difficulty in Toulmin, S. E. (1958). The Uses of Argu- Building Artificial Intellect. WISDOM, ment (updated ed., 2003; reprint, 2006). 4(1). Retrieved May 26, 2016, from: New York: Cambridge University Press. http://www.wisdomperiodical.com/ind For a book by two authors: ex.php/wisdom/article/view/115. Calfee, R. C., & Valencia, R. R. (1991).  Djidjian, R. Z. (2016). Paradoxes of APA guide to preparing manuscripts for Human Cognition. WISDOM, 7(2), 49- journal publication. Washington: American 58. doi:10.24234/wisdom.v2i7.137. Psychological Association.

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 the abstract should provide a good perspec- For a book by an editor: GRAPHS AND DIAGRAMS ted in the source text in square brackets. tive on the final message of the article. Ayer, A. J. (Ed.). (1959). Logical Positiv- If the manuscript contains non-alphabetic cha-  It is advisable to choose up to 40.000 charac- ism. Glencoe, Illinois: The Free Press. racters (e.g. logical formulae, diagrams) then: ter source for the published materials in the INTRODUCTION should For an article in a journal:  the PDF version of the text should be at- periodical. In case of an abundant source, it is  reflect the article‘s contribution to the sco- Jacoby, W. G. (1994). Public attitudes toward tached for the demanded verification, necessary to shorten (select) for preparing pes of philosophy and methodology of sci- government spending. 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New York: Springer.  diagrams, line drawings, charts should be events KEYWORDS For an article in a periodical: submitted in EXCEL or EPS format.  Information about the symposium organisers,  should be up to ten, Djidjian, R. Z. (2016). Paradoxes of Human place and time should be included in the  should be separated by a comma. Cognition. Wisdom, 7(2), 49-58. VARIOUS KINDS OF MANUSCRIPT paper. In case of citing various works of the same FORMATTING PECULIARITIES  The symposium members‘ name, surname, REFERENCES author published in the same year, it is neces- Publication of Archive Materials and Trans- workplace and city (in brackets) should be  The manuscript should be constructed ac- sary to apply to a letter differentiation meth- lation Sources mentioned, and in the case of international cording to the APA citation system. For in- od, i.e. a, b etc.:  A complete description of archive or publi- symposiums, the name of the city is also inc- a stance: (Soros, 2001, p. 10) (Toulmin, 1958, (Hovhannisyan, 2006 ; Hovhannisyan, cation material, according to which the trans- luded. b c pp. 56-57) (Hilbert & Bernays, 1934). 2006 ; Hovhannisyan, 2006 ). lation has been done, should be comprised in  Essays should not coincide with the sym-  The Latin transliteration of all the non- For a website publication: the manuscript. posium projects or their final documents. Texts of the articles submitted in a website Latin-lettered references should be includ-  A brief prologue under the title Publication Reviews and bibliographical essays usually vary from their printed versions that is ed as well. For instance: Prologue may precede the publication (1-3  The length of a review should be from 5- Брутян, Г. А. (1992). Очерк теории аргу- why in case of citing the latter website ver- pages long, approximately 4000 characters). 10 pages (10.000-20.000 characters). sions, it is necessary to indicate the appropri- ментации. Ереван: Изд-во АН Армении. Long prologues are regarded articles and  Final information, name of a publication Brutian, G. A., (1992). Ocherk teorii argu- ate electronic address, moreover, the citation should be written under separate titles. and number of pages of a studied book of the printed version is not accepted: mentatsii (Outline of Argumentation Theory,  If the publishing source contains references, should be presented before the body text.  Djidjian, R. Z. (2015). Understanding in Russian). Yerevan: NAS RA Publication. they are presented as a part of a body text and  References are not included in the review. Capacity as the Principle Difficulty in For a book by a single author: are each numbered sequentially and precede Argumentative notes, essays, records Toulmin, S. E. (1958). The Uses of Argu- Building Artificial Intellect. WISDOM, the body text-source. Materials that are composed in free wri- ment (updated ed., 2003; reprint, 2006). 4(1). Retrieved May 26, 2016, from:  Publisher or translator may present references ting style and are free of particular require- New York: Cambridge University Press. http://www.wisdomperiodical.com/ind about the publishing source at the end of a ments for scientific articles are accepted for ex.php/wisdom/article/view/115. For a book by two authors: body text. publication. Such kind of works cannot be in- Calfee, R. C., & Valencia, R. R. (1991).  Djidjian, R. Z. (2016). Paradoxes of  Via the references one may present foreign volved in the official records on scientific APA guide to preparing manuscripts for Human Cognition. WISDOM, 7(2), 49- word translations, explanations of abbrevia- work as a scientific publication. journal publication. Washington: American 58. doi:10.24234/wisdom.v2i7.137. tions etc. contained in the text may be presen- Psychological Association.

WISDOM 1(14), 2020 176 177 177 AUTHORS

AUTHORS

Hafiza BAICHOROVA is Lecturer in the Department of Russian Language at Military Academy of Lo- gistics-Technical Support, Russia. Her areas of interest include quality of education, military pedagogy and psychology. Hafiza Baychorova is the author of more than 30 scientific publications among them 2 collective monographs and 19 articles in scientific journals recommended by the HAC. Recent publications: ―Theoretical Justification for Continuity Formation of other Language Communicative Competence to Foreign Cadets by the Concurrent Pedagogical Management of Russian-Language Educational Micro- Media‖, ―Assessment Technique of the Mediated Pedagogical Management of the Russian-Speaking Ed- ucational Media Microenvironment in the Foreign Military Personnel during their Absence‖. E-mail: [email protected] Natalia BIGUNOVA (Dr. of Science in Philosophy) is Professor at the Chair of Theoretical and Ap- plied Phonetics of the English Language, Odesa I. I. Mechnikov National University, Odessa, Ukraine. Her areas of interest include pragmatics, cognitive semantics, axiology, discourse studies, phonostylistics. Bigunova is the author of a monograph and 80 scientific articles. Recent publications: ―Positive Evaluation: From Cognitive Judgment to Communicative Utterance‖, ―Cognitive Pragmatic Regulari- ties in Communicative Manifestation of Positive evaluation‖, ―Illocutionary Aims and Perlocutionary Effect of Praise and Compliment Speech Acts in Modern English Literary Discourse‖, ―Paraverbal Means Expressing Positive Evaluation in English Film Discourse‖, ―Status and Gender Relationship of Compliment and Flattery Speech-Act Participants‖. E-mail: [email protected] Anna BOBUNOVA Senior Lecturer at RUDN University, Department of Foreign Languages, Agrarian Technological Institute, Moscow, Russia. Her areas of interest include the development of moral qualities of ESL learners, integration of ICT and linguistics. Publications: ―Integration of Linguistic and Aesthetic Education: An Integrated Cultural Approach for Teaching Medical English‖, ―Development of Middle School Students‘ Moral Qualities and Aesthetic Features in E-Learning Language Courses‖, ―The Use of Moodle in Teaching a Foreign Language: Development of Moral and Aesthetic Qualities of Students‖. Ms. Bobunova is a member of the committee conducting linguistic competitions among Moscow secondary school. E-mail: [email protected] Aisana BOLDYREVA is Lecturer at People‘s Friendship University of Russia, Department of Foreign Languages, Agrarian Technological Institute. E-mail: [email protected] Vladislav BORANENKOV is English and French languages Lecturer at RUDN University, Department of Foreign Languages, Agrarian Technological Institute, Russia. His areas of interest include foreign language teaching methods, translation theory and practice, linguistics, cross-cultural communication. E-mail: [email protected] Roman BULAT (Dr. of Science in Pedagogy) is Associate Professor, the Head of the Department of Pedagogy and Psychology of Extreme Situations Saint-Petersburg University of GPS of EMERCOM of Russia. His areas of interest include personnel management, quality of education, military pedagogy and

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AUTHORS psychology, clerical work. Bulat is the author of 6 monographs and 117 scientific articles. Recent publications: ―Management of Personnel in Construction‖, ―Unification of the Quality Management of Vocation- Hafiza BAICHOROVA is Lecturer in the Department of Russian Language at Military Academy of Lo- al Training in Military Technical Colleges‖, ―Legal Norms and Psychological Support of Personnel Man- gistics-Technical Support, Russia. Her areas of interest include quality of education, military pedagogy agement in Construction‖. and psychology. Hafiza Baychorova is the author of more than 30 scientific publications among them 2 E-mail: [email protected] collective monographs and 19 articles in scientific journals recommended by the HAC. Recent publica- Alena BULATETSKAIA (PhD in Sociology) is Associate Professor of the Department of Sociology at tions: ―Theoretical Justification for Continuity Formation of other Language Communicative Competence Perm State National Research University, Perm, Russia. Her areas of interest include intellectual potential, to Foreign Cadets by the Concurrent Pedagogical Management of Russian-Language Educational Micro- knowledge studies, cognition processes, social transformation, personality development. Bulatetskaia is Media‖, ―Assessment Technique of the Mediated Pedagogical Management of the Russian-Speaking Ed- the author of 2 monograph and 11 scientific articles. Recent publications: ―Risks in the Management of ucational Media Microenvironment in the Foreign Military Personnel during their Absence‖. Corporate Intellectual Potential‖, ―Life Cycle of Reproduction of Intellectual Potential of Personality‖, E-mail: [email protected] ―Scientific Knowledge as a Factor of Social Transformations of a Modern Society‖. Natalia BIGUNOVA (Dr. of Science in Philosophy) is Professor at the Chair of Theoretical and Ap- E-mail: [email protected] plied Phonetics of the English Language, Odesa I. I. Mechnikov National University, Odessa, Ukraine. Yelena ETARYAN (Dr. of Science in Philology) is Associate Professor, lecturer of the Chair of German Her areas of interest include pragmatics, cognitive semantics, axiology, discourse studies, phonostylis- at Brusov State University, Yerevan, Armenia. Her field of research is modern German literature. Her re- tics. Bigunova is the author of a monograph and 80 scientific articles. Recent publications: ―Positive search interests are metafiction and other forms of literary self-reference, functions and methods of literary Evaluation: From Cognitive Judgment to Communicative Utterance‖, ―Cognitive Pragmatic Regulari- self-reflection based on the texts of Thomas Mann and Günter Grass. Etaryan is the author of 1 mono- ties in Communicative Manifestation of Positive evaluation‖, ―Illocutionary Aims and Perlocutionary graph and more than 50 scientific articles. Effect of Praise and Compliment Speech Acts in Modern English Literary Discourse‖, ―Paraverbal E-mail: [email protected] Means Expressing Positive Evaluation in English Film Discourse‖, ―Status and Gender Relationship of Arusyak GEVORGYAN is a PHD student and a lecturer in the Department of Psychology at Kh. Compliment and Flattery Speech-Act Participants‖. Abovyan Armenian State Pedagogical University and in the Department of Social Sciences and Psycholo- E-mail: [email protected] gy at the Police Educational Complex of RA, Yerevan, Armenia. The scope of scientific interests covers Anna BOBUNOVA Senior Lecturer at RUDN University, Department of Foreign Languages, Agrarian social psychology, the theoretical-methodological problems of legal psychology, and psychological pecu- Technological Institute, Moscow, Russia. Her areas of interest include the development of moral qualities liarities of human resources management. Recent publications: ―Psychological Problems of the Activities of ESL learners, integration of ICT and linguistics. Publications: ―Integration of Linguistic and Aesthetic of Officers of Internal Affairs in Extreme Situations, ―The Psychological Side of Maintaining the Charac- Education: An Integrated Cultural Approach for Teaching Medical English‖, ―Development of Middle teristics of the Activities of Law Enforcement Officers‖. School Students‘ Moral Qualities and Aesthetic Features in E-Learning Language Courses‖, ―The Use of E-mail: [email protected] Moodle in Teaching a Foreign Language: Development of Moral and Aesthetic Qualities of Students‖. Lucio GIULIODORI (PhD, Dr. of Science in Philosophy) is Senior Lecturer of Italian at People‘s Ms. Bobunova is a member of the committee conducting linguistic competitions among Moscow second- Friendship‘s University, Moscow, Russia. His areas of interest include the avant-gardes, Italian studies and ary school. perennial philosophy. He is the author of about thirty scientific articles. Recent publications: ―Umbrian E-mail: [email protected] Futurist Landscapes: Gerardo Dottori‘s Aeropainting‖, ―Paintings and Hallucinations: Giorgio De Chiri- Aisana BOLDYREVA is Lecturer at People‘s Friendship University of Russia, Department of Foreign co‘s Aura‖, ―In Search of the Self, through Paintings-Beyond Paintings: Dino Valls‖. Languages, Agrarian Technological Institute. E-mail: [email protected] E-mail: [email protected] Hayk GRIGORYAN (PhD in Law) is the Chairman of the Investigative Committee of the Republic of Vladislav BORANENKOV is English and French languages Lecturer at RUDN University, Department Armenia, Third Class State Adviser of Justice. His areas of interest include criminal law, international of Foreign Languages, Agrarian Technological Institute, Russia. His areas of interest include foreign lan- criminal law, international public law, criminalistics, criminology. He is an author of 45 scientific articles guage teaching methods, translation theory and practice, linguistics, cross-cultural communication. and works. E-mail: [email protected] E-mail: [email protected] Roman BULAT (Dr. of Science in Pedagogy) is Associate Professor, the Head of the Department of Anahit HAKOBYAN is PhD student at Yerevan State University, Faculty of Sociology, Chair of Ap- Pedagogy and Psychology of Extreme Situations Saint-Petersburg University of GPS of EMERCOM of plied Sociology, Armenia. She has been working as a lecturer at Brusov State University, Public commu- Russia. His areas of interest include personnel management, quality of education, military pedagogy and nications technologies scientific-educational center, since 2016 and currently also teaches at Yerevan State

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University, Faculties of Sociology and Journalism. Her areas of interest include media and communication studies, internet studies, civic participation, behavioral science. Recent publication: ―Fake News and its Spread on Social Media‖. E-mail: [email protected] Davit HARUTYUNYAN (PhD in Technical Sciences) is the founding partner of Davit & Partners Law Firm; as well as Director at Luys Foundation, Armenia. He has more than 20 years of professional experience and is well acknowledged in professional circles as one of the most experienced and accomplished lawyers in Armenia with rich and diverse qualifications, as well as unique insight into the legal field. His areas of academic interest include, inter alia, negotiations, logic, comparative law, constitutional law, private law, ethics and legal compliance. Harutyunyan is the author of two monographs and more than 20 scientific articles. E-mail: [email protected] Aghvan HOVSEPYAN (Dr. of Science in Law) State Counsellor of Justice, RA Honoured Lawyer. Former Prosecutor General, former Head of the Investigative Committee (Yerevan, Armenia). Full member of Academy of Documentaries, Security and Natural Sciences and international academies, member of RF Academy of Security, Defence and Legal Order Issues and RA Academy of the Problems of Human- ism. Author of numerous scientific works, articles and monographs. He was honoured by several state, governmental, international, departmental awards. Lilit KAZANCHIAN (PhD in Law) is the Director of the Institute of Philosophy, Sociology and Law of National Academy of Sciences (NAS) of the Republic of Armenia, Yerevan, Armenia; Her areas of interest include philosophy of law, theory of state and law, human rights, constitutional and international law. Kazanchian is the author of 4 monographs, 2 handbooks and 36 articles. Recent publications: ―Features of the Presumption of Innocence in the Context of Rulings of the European Court of Human Rights‖, ―Fun- damentals of Parliamentary Law in the Republic of Armenia‖, ―Main Issues of the History of Armenian Law‖. E-mail: [email protected] Nonna KHACHATRYAN (PhD in Economics) is Assistant Professor at the department of Management and Business in Yerevan State University, Yerevan, Armenia. Her areas of interest include philosophy of economics, business management, economics theory, business administration, education management. Khachatryan is the author of 2 monographs and 68 scientific articles. Recent publications: ―The Philoso- phy of Ethics Presence in the Management Activity‖, ―Effective Teaching Strategy in Doctoral Pro- grams‖, Economy Development and National Value Interdependence in Armenia‖. E-mail: [email protected] Igor KOLOSOV is postgraduate student of Chair of History of Law and State of the Institute of Law at Peoples‘ Friendship University of Russia, Moscow, Russia. His areas of interest include legal philosophy, epistemology, consequentialism, history of philosophy, political and social philosophy, law and economics, history of legal thought, private law. Kolosov is the author of 16 scientific articles. Recent publications: ―Political and Legal Consequences of Evolutionary Utilitarianism‖, ―Utilitarianism and John Roll‘s Theory of Justice: Legal Aspects‖ and ―Reception of Legal Ideas of J. Bentham and I. Kant in the Modern Utilitarianism Tendencies‖.

WISDOM 1(14), 2020 180 180 AUTHORS

University, Faculties of Sociology and Journalism. Her areas of interest include media and communication E-mail: [email protected] studies, internet studies, civic participation, behavioral science. Recent publication: ―Fake News and its Inna KRAVETS is Senior Lecturer of Department of Ukrainian Culture and Language at National Uni- Spread on Social Media‖. versity ―Odessa Maritime Academy‖. Ukraine. The area of interest includes suggestive linguistics, ono- E-mail: [email protected] mastics, experimental studies of the language. Kravets is author of 3 monographs and 13 articles. Recent Davit HARUTYUNYAN (PhD in Technical Sciences) is the founding partner of Davit & Partners Law publications: ―The Language Concept of W. von Humboldt in the Theory of the National Picture of the Firm; as well as Director at Luys Foundation, Armenia. He has more than 20 years of professional experi- World‖ and ―Actual Problems of Teaching the State (Ukrainian) Language in a Specialized School in Bi- ence and is well acknowledged in professional circles as one of the most experienced and accomplished lingualism Environment‖. lawyers in Armenia with rich and diverse qualifications, as well as unique insight into the legal field. His E-mail: [email protected] areas of academic interest include, inter alia, negotiations, logic, comparative law, constitutional law, pri- Natalia KUTUZA (Dr. of Science in Linguistics) is Professor of Department of Applied Linguistics at vate law, ethics and legal compliance. Harutyunyan is the author of two monographs and more than 20 Odessa I. I. Mechnikov National University, Ukraine. Her areas of interest include communicative sugges- scientific articles. tion, suggestive linguistics, neurolinguistics programming, influencing aspects of advertising discourse, E-mail: [email protected] experimental language studies, lexicography. Kutuza is the author of 9 monographs and 75 scientific arti- Aghvan HOVSEPYAN (Dr. of Science in Law) State Counsellor of Justice, RA Honoured Lawyer. cles. Recent publications: ―Neuropsychophysiological Basis of Communicative Influence‖, ―The Pole of Former Prosecutor General, former Head of the Investigative Committee (Yerevan, Armenia). Full mem- Advertisements in the Conditions of Eurointegration: Influencing Aspect‖, ―Communicative and Speech ber of Academy of Documentaries, Security and Natural Sciences and international academies, member of Influence: Differentiation of Concepts‖, ―Psychological Aspects of Communicative Impact: Theoretical RF Academy of Security, Defence and Legal Order Issues and RA Academy of the Problems of Human- Dimensions―, ―Communicative-Speech Impact: Differentiation of Concepts‖. ism. Author of numerous scientific works, articles and monographs. He was honoured by several state, E-mail: [email protected] governmental, international, departmental awards. Yakov MARGULYAN (Dr. of Science in Sociology) is Professor of the Department of Human Re- Lilit KAZANCHIAN (PhD in Law) is the Director of the Institute of Philosophy, Sociology and Law of sources Management at Saint-Petersburg State University of Economics, St. Petersburg, Russia. His areas National Academy of Sciences (NAS) of the Republic of Armenia, Yerevan, Armenia; Her areas of inter- of interest include social security, philosophy of education, management, sociology of organization, social est include philosophy of law, theory of state and law, human rights, constitutional and international law. technologies, public administration, and social policy. Margulyan is the author of 12 monographs and 36 Kazanchian is the author of 4 monographs, 2 handbooks and 36 articles. Recent publications: ―Features of scientific articles. Recent publications: ―Social Regulation Mechanisms in the Post-Modern Changing the Presumption of Innocence in the Context of Rulings of the European Court of Human Rights‖, ―Fun- World‖, ―Bases of Social Security of the Population of Russia‖, ―Sociology of Organization and Man- damentals of Parliamentary Law in the Republic of Armenia‖, ―Main Issues of the History of Armenian agement‖. Law‖. E-mail: [email protected] E-mail: [email protected] Elena NOTINA (PhD in Linguistics and Translation Theory) is graduate of the Maurice Thorez Institute Nonna KHACHATRYAN (PhD in Economics) is Assistant Professor at the department of Management of Foreign Languages, Professor, the head of the Department of Foreign Languages at RUDN University. and Business in Yerevan State University, Yerevan, Armenia. Her areas of interest include philosophy of Her research focuses on comparative linguistics, translation theory and practice, cross-cultural communi- economics, business management, economics theory, business administration, education management. cation. Elena has published over 200 scientific papers, including monograph ―Translation and Scientific Khachatryan is the author of 2 monographs and 68 scientific articles. Recent publications: ―The Philoso- Communication‖ and manuscripts ―Modern Scientific Communication and its Efficacy through the Prism phy of Ethics Presence in the Management Activity‖, ―Effective Teaching Strategy in Doctoral Pro- of Science Education: Dialectic Interaction between Cognition and Discourse Phenomena‖, ―The Mosaic grams‖, Economy Development and National Value Interdependence in Armenia‖. of Ecological Discourse in the Light of Translation Studies and Cognition‖, both in collaboration with E-mail: [email protected] Nebojša Radić, Director of Cambridge University Language Programmes. Igor KOLOSOV is postgraduate student of Chair of History of Law and State of the Institute of Law at E-mail: [email protected] Peoples‘ Friendship University of Russia, Moscow, Russia. His areas of interest include legal philosophy, Kadzhik OGANYAN (PhD, Dr. of Science in Philosophy) is Professor of the Department of Social and epistemology, consequentialism, history of philosophy, political and social philosophy, law and econom- Humanitarian Disciplines at the National State University of Physical Culture, Sports and Health named ics, history of legal thought, private law. Kolosov is the author of 16 scientific articles. Recent publica- after P. F. Lesgaft, St. Petersburg, Russia. His areas of scientific interest include synergetic philosophy of tions: ―Political and Legal Consequences of Evolutionary Utilitarianism‖, ―Utilitarianism and John Roll‘s science, the methodology of scientific researches, human philosophy. Oganyan is the author of 10 mono- Theory of Justice: Legal Aspects‖ and ―Reception of Legal Ideas of J. Bentham and I. Kant in the Modern graphs and more than 200 scientific articles. Recent publications: ―Synergetic Philosophy of History‖, Utilitarianism Tendencies‖.

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―Personality‘s Philosophy‖, ―Social Innovation in Human Research Management‖, ―Philosophy and Methodology of Social Science‖. E-mail: [email protected] Vladimir OGORODNIKOV (PhD, Dr. of Science in Philosophy) is Professor of the Department of Training and Professional Excellence of Teachers in the Educational Institutions of the Ministry of De- fence of the Russian Federation - Military Space Academy A. F. Mozhaisky, St. Petersburg, Russia. He specializes in the problem of determinism. He is the author of 11 monographs and 190 articles. Recent publications: ―History and Philosophy of Science‖, ―The Problem of the Criterion of Truth and Pseudosci- ence‖, ―Philosophical Problems of Space Exploration‖, ―Economic, Political and Ideological Determinants of Modern War‖. E-mail: [email protected] Ganna OLIINYK (PhD in Philology) is Senior Lecturer at the English Language in Ships‘ Engineering Department, National University ―Odessa Maritime Academy‖, Odessa, Ukraine. Her areas of interest include cognitive linguistics, communicative linguistics, pragmatics, phonostylistics. Oliinyk is the author of a dissertation and 7 scientific articles. Recent publications: ―The Philosophical Reflection of Misunderstanding Phenomenon‖, ―Implicit and Explicit Communicative Means of Expressing Misun- derstanding in Artistic Discourse‖, ―The Communicative Realization of Misunderstanding in English Artistic Discourse‖, ―The Frame Conflict as a Reason for Misunderstanding in Dialogue Communica- tion‖, ―Explication of False Understanding and False Misunderstanding in Reproduced Discourse‖. E-mail: [email protected] Natella PAVLENKO is a postgraduate student of the Department of Social Philosophy and Administra- tion at Zaporizhzhia National University, a Lecturer of the Department of Social Studies at Zaporizhzhia State Medical University, Ukraine. Her areas of interest are social philosophy, philosophy of medicine, philosophy of history. N. Pavlenko is the author of 8 scientific articles. Recent publications are ―Wealth Perception in the Preindustrial Era: Social and Value Aspects‖, ―Socio Cultural Nature of Wealth Phe- nomenon‖, ―The Wealth Phenomenon Essence‖. E-mail: [email protected] Nadezhda POKROVSKAIA (Dr. of Science in Sociology) is Professor of the Human Philosophy Insti- tute, Department of Public Relations and Advertising, at Herzen State Pedagogical University of Russia, St. Petersburg; Professor of the Peter the Great Saint Petersburg Polytechnic University, Russia. Her areas of interest include regulation, knowledge, argumentation theory, cognitive modelling, and digital economy. Pokrovskaia is the author of 27 monographs and 330 scientific articles. Recent publications: ―Global Harmonization of Tax Regulation within Digital Economy of Knowledge‖, ―Educational Services for In- tellectual Capital Growth or Transmission of Culture for Transfer of Knowledge - Consumer Satisfaction at St-Petersburg Universities‖. E-mails: [email protected], [email protected], [email protected] Hrachya SARGSYAN graduated with a Bachelor‘s Degree in Foreign Regional Studies from St. Peters- burg State University of Economics and a Master‘s Degree in Economics and Management of the Faculty of Economics and Management from Yerevan State University. Currently he is doing MA in Cultural

WISDOM 1(14), 2020 182 182 AUTHORS

―Personality‘s Philosophy‖, ―Social Innovation in Human Research Management‖, ―Philosophy and Studies in the Faculty of Humanities of Javakhishvili Tbilisi State University. His scientific interests are Methodology of Social Science‖. regional and world economics and philosophy of economics. E-mail: [email protected] E-mail: [email protected] Vladimir OGORODNIKOV (PhD, Dr. of Science in Philosophy) is Professor of the Department of Olena SELIVANOVA (Dr. of Science in Philology) is Professor at the Chair of Translation Theory Training and Professional Excellence of Teachers in the Educational Institutions of the Ministry of De- and Practice, The Bohdan Khmelnytsky National University of Cherkasy, Ukraine. Her areas of interest fence of the Russian Federation - Military Space Academy A. F. Mozhaisky, St. Petersburg, Russia. He include communicative linguistics, cognitive linguistics, text linguistics, onomasiology. Recent publica- specializes in the problem of determinism. He is the author of 11 monographs and 190 articles. Recent tions: ―Linguistic Encyclopedia‖, ―The Basis for the Theory of Speech Communication‖, ―The World of publications: ―History and Philosophy of Science‖, ―The Problem of the Criterion of Truth and Pseudosci- Conscience in Language‖, ―Modern Linguistics: Trends and Problems‖. ence‖, ―Philosophical Problems of Space Exploration‖, ―Economic, Political and Ideological Determinants E-mail: [email protected] of Modern War‖. Konstantin SIGALOV (PhD in Philosophy, Dr. of Science in Law) is Professor of the Chair of Theory E-mail: [email protected] of State and Law of Kikot Moscow University of the Ministry of Internal Affairs of Russia, and the Chair Ganna OLIINYK (PhD in Philology) is Senior Lecturer at the English Language in Ships‘ Engineering of History of Law and State of the Institute of Law Peoples‘ Friendship University of Russia Moscow, Department, National University ―Odessa Maritime Academy‖, Odessa, Ukraine. Her areas of interest Russia. His areas of interest include legal philosophy, political and social philosophy, history of philoso- include cognitive linguistics, communicative linguistics, pragmatics, phonostylistics. Oliinyk is the au- phy, civil society, theory of law. Sigalov is the author of 9 monographs and 213 scientific articles. Recent thor of a dissertation and 7 scientific articles. Recent publications: ―The Philosophical Reflection of publications: ―Gnoseological and Mental Grounds of Legal Consciousness‖, ―Time in the Concept of His- Misunderstanding Phenomenon‖, ―Implicit and Explicit Communicative Means of Expressing Misun- torical Methodology‖. derstanding in Artistic Discourse‖, ―The Communicative Realization of Misunderstanding in English E-mail: [email protected] Artistic Discourse‖, ―The Frame Conflict as a Reason for Misunderstanding in Dialogue Communica- Alla SINITSYNA (PhD in Philosophy) is an Associate Professor of the Department of Ukrainian Studies tion‖, ―Explication of False Understanding and False Misunderstanding in Reproduced Discourse‖. and Philosophy at Ivano-Frankivsk National Medical University, Ivano-Frankivsk, Ukraine. Her areas of E-mail: [email protected] interest are philosophy, religious studies, study of the activity of little-known figures of Ukrainian philoso- Natella PAVLENKO is a postgraduate student of the Department of Social Philosophy and Administra- phers. Sinitsyna is the author of more than 40 scientific articles. Recent publications: ―The Phenomenon of tion at Zaporizhzhia National University, a Lecturer of the Department of Social Studies at Zaporizhzhia Health and a Healthy Nation‖, ―Humanistic Projections of the Education of Peter Lodius‖, ―Ukrainian State Medical University, Ukraine. Her areas of interest are social philosophy, philosophy of medicine, Romanticism - Present and Realities‖. philosophy of history. N. Pavlenko is the author of 8 scientific articles. Recent publications are ―Wealth E-mail: [email protected] Perception in the Preindustrial Era: Social and Value Aspects‖, ―Socio Cultural Nature of Wealth Phe- Svetlana SNISARENKO (PhD in Sociology) is Associate Professor of the Department of Management nomenon‖, ―The Wealth Phenomenon Essence‖. of Personnel at Saint-Petersburg University of Management Technologies and Economics, St. Petersburg, E-mail: [email protected] Russia. Her areas of interest include social technologies, social policy, human capital, institutional ap- Nadezhda POKROVSKAIA (Dr. of Science in Sociology) is Professor of the Human Philosophy Insti- proach, sociological study of community, and social responsibility. Snisarenko is the author of 3 mono- tute, Department of Public Relations and Advertising, at Herzen State Pedagogical University of Russia, graph and 14 scientific articles. Recent publications: ―Social Engineering and Digital Technologies for the St. Petersburg; Professor of the Peter the Great Saint Petersburg Polytechnic University, Russia. Her areas Security of the Social Capital Development‖, ―Institutional Confidence and Economic Intelligence for the of interest include regulation, knowledge, argumentation theory, cognitive modelling, and digital econo- Performance at Macro and Micro Networks‖, ―Human Capital in the Social Development of a Modern my. Pokrovskaia is the author of 27 monographs and 330 scientific articles. Recent publications: ―Global Organization‖. Harmonization of Tax Regulation within Digital Economy of Knowledge‖, ―Educational Services for In- E-mail: [email protected] tellectual Capital Growth or Transmission of Culture for Transfer of Knowledge - Consumer Satisfaction Natalia SPYTSIA (PhD in Philosophy) is Associate Professor of the Department of Social Studies at Za- at St-Petersburg Universities‖. porizhzhia State Medical University, Zaporizhzhia, Ukraine. Her areas of interest are social philosophy, E-mails: [email protected], [email protected], [email protected] philosophical anthropology, philosophy of medicine, bioethics, deontology in medicine. Spytsia is the au- Hrachya SARGSYAN graduated with a Bachelor‘s Degree in Foreign Regional Studies from St. Peters- thor of more than 50 scientific articles. Recent publications are ―Implementation of Humanistic Technolo- burg State University of Economics and a Master‘s Degree in Economics and Management of the Faculty gies in Education in Response to the Challenges of Time‖, ―Problems of Teaching Philosophy at Medical of Economics and Management from Yerevan State University. Currently he is doing MA in Cultural Universities: a Methodological Aspect of Consensus-Seeking‖, ―Existential Philosophy of N. I. Pirogov:

WISDOM 1(14), 2020 182 183 183 AUTHORS

Non-Institutional Approach‖, ―Medicine and Philosophy: Methodological Synthesis of the Implementa- tion of the New 4P-Paradigm‖. E-mail: [email protected] Irina UTIUZH (Dr. of Science in Philosophy) is Professor, the head of the Department of Social Studies at Zaporizhzhia State Medical University, Zaporizhzhia, Ukraine. Her areas of interest include philosophy of medicine, social philosophy, philosophy of education, philosophy of science, logic. Irina Utiuzh is the author of 3 monographs, 1 textbook and more than 100 scientific article. Some recent publications are ―Self-Caused Mental Disorders of the Era of Global Internet Communication. Medical and Philosophical Aspects‖, ―The Contours of Social Singularity: Existence in a Decaying State‖, ―New Standards of Social Singularity‖, ―Implementation of Humanistic Technologies in Education in Response to the Challenges of Time‖. E-mail: [email protected] Lilit YEREMYAN (PhD in Law) is Senior Lecturer at the Chair of International Law at the Russian- Armenian University; Assistant to the President of Armenia (on legal matters and presidential initiatives), and ad hoc researcher at Davit & Partners Law Firm. Areas of her academic interest include comparative law, constitutional law, legal ethics, public international law. Yeremyan is the author of one monograph and 15 publications. Recent publications: Persona Grata, professional interview titled ―IHL: A View from Armenia‖ in Eurasian Law Journal N9 (136) 2019; Topical Issues of the Law of Armed Conflicts, teaching manual, RAU publ. (2018) Yerevan. E-mail: [email protected]

WISDOM 1(14), 2020 184 184 ՎԻՍԴՈՄ 1(14), 2020

Լրատվական գործունեություն իրականացնող՝ «Խաչատուր Աբովյանի անվան հայկական պետական մանկավարժական համալսարան» հիմնադրամ Վկայական՝ № 03Ա1056715, տրված՝ 19.04.2016 թ. Հասցե՝ Երևան 010, Տիգրան Մեծի 17 Համարի թողարկման պատասխանատու՝ գիտական պարբերականի գլխավոր խմբագիր Հասմիկ ՀՈՎՀԱՆՆԻՍՅԱՆ Տպաքանակը՝ 200 Ծավալը՝ 184 էջ ARCHBISHOP ARAKEL SYUNETSI (1350-1425) Armenian bibliographer, master of acroscs, poet, philosopher, grammar and connoisseur and theorist, archimandrite, archbishop, 1407-1425. Metropolitan bishop of Syunik, Abbot of Tatev Monastery

The ﬁrst pages of “Adam’s Book” circulated in 1799

Arakel Syunetsi received his educaon at the University of Tatev: he was the student of eminent of the me scholars Hovnan Vorotnetsi and Grigor Tatevatsi. He greatly contributed to the prosperity of the Scienfic-educaonal center in Tatev. He dwelled on the major issues of naonal and religious tradions, Chrisan piety and morality. In ontological issues, parcularly, the issues of theology and wisdom, faith and reasoning, correlaons of concepts and material objects. Moreover, in epistemology, he was the parsan and promoter of the progressive nominalist and sensualisc ideas and tradions of Tatev School. He admied the consistency of the thesis of cosmological proof of the existence of God. In socio-ethical domain, Syunetsi grounded his standpoints on the idea of free will: every evil and good is the result of the freedom of human acons and will. He was commied to the studies and further elaboraon of Armenian historians’ wrings on Hakob Mtsbnatsi, Gregory the Illuminator, Grigor Narekatsi. In his endeavors, he touches upon the “Song of Songs”. In his manual “Explanaon of Grammar”, the grammacal system is observed as the forerunner of wisdom: he emphasizes the importance of the knowledge of different languages priorising the knowledge of mother tongue. In 1407, he illuminated the Gospel wrien by his brother, martyr priest Barsegh. Arakel Syunetsi was also interested in the issues of theory of music. His musical legacy comprises a number of songs that marked the pages of the New Age Armenian Literature. Some of them have survived to this day as the Armenian Divine Liturgy chants (“Gardener”). The liturgical chants by Syunetsi are not duly studied yet – the theory of music perspecves. The works by Arakel Syunetsi are as follows: • “Adam’s Book” (1403, republished in 1799) – wrien as a trease including three poems with 1740 couplets of verse. The book is based on the biblical story of the fall of Adam and Eve disobeying God, their banishment from the Garden of Eden. Syunetsi describes the human suffering of the first human couple. “Adam’s Book” is a sample of the Paradise Lost poem of global coverage. “Adam’s Book” is also supposed to be presented as a musical mystery. The English translaon of “Adam’s Book” was published in 2007 by Oxford University Press. The translaon and the foreword were authored by Professor of Hebrew University Michael Stone (Michael E. Stone, “Texts and Concordances of the Armenian Adam Literature”, Society of Biblical Literature: Early Judaism and its Literature, 12; Atlanta: Scholars Press, 1996). • In “Eden Book” – an endeavor with an immediate reference to “Adam’s Book”. Arakel Syunetsi appears to undertake human beings’ – banished from Heaven and doomed to suffering – return to the eternal paradise of heavenly blisses. In everyday language terms, he opposes the respec- ve images and strives for good and sin. • Educaonal poems dedicated to Jesus Christ, the Virgin, and the Saints, • Acroscs about heavenly bodies, • Issues of music theory and aesthecs – reflected in some parts of the work “Grammar Comments”. TATEV MONASTERY

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The publicaon endeavoured by Khachatur Abovian Armenian State Pedagogical University Foundaon Cerﬁcate № 03A1056715, issued 19.04.2016 Address: 17 Tigran Mets Ave., Yerevan 0010, RA Phone: (+374 10) 59 70 65; Fax: (+374) 59 70 08 E-mail: [email protected] Oﬃcial webpage of Periodical: hp://wisdomperiodical.com Responsible for the issue: Hasmik HOVHANNISYAN, Editor-in-Chief Print run: 200 Number of pages: 184