Philosophical Views on Violence and Legal Support of Cyber Security of a Person
Year: 2024
Type: article
Abstract: Introduction: this article examines the evolution of conceptual understanding of the phenomenon of violence and its functions in the history of philosophy. The article examines contemporary trends in the object of study and related topical issues of criminal legal protection of the individual. Materials and Methods: the study is based on the universal dialectical-materialistic method of cognition, which is used to identify the regularities of objective phenomena and processes that are subject to criminal-legal regulation. Furthermore, the research employed a range of methods, including historical, formal-logical, systemic and functional approaches, as well as an interdisciplinary and complex approach incorporating elements of the dynamic method. The results of the study reveal the stages of development of philosophical thought on violence, trace its dynamics, and reveal the emphasis in modern domestic philosophy on information violence and the problem of counteracting it by legal means. In this regard, the present state of Russian criminal law, and the extent to which criminal law norms align with prevailing realities, are subjected to analysis. The amendments introduced to the Criminal Code of the Russian Federation by the Federal Law of 22 August 2024 No. 218 are evaluated, and the potential for the evolution of the concept of criminal legal protection of the individual is identified. Discussion and Conclusions based on the evaluation of knowledge obtained from the field of philosophy in the context of criminal law. The issues of looseness and redundancy of the Criminal Code of the Russian Federation are analysed through the lens of a novel concept: informational violence. This is a form of violence that is distinct from the traditional categories of physical and mental violence as defined within the context of criminal law. The latter encompasses restrictions on freedom and the use of physical force, as well as threats and blackmail.
Authors: Ol'ga Artyushina, Danila Shabanov
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405772280