The essence of morality and virtue in commercial litigation
Pages: 243-257
Year: 2025
Location: Pravova Ednist Ltd
Review
Economic activity is extremely important for the development of any state. At the same time, economic activity can become a prerequisite for conflict situations, which need to be resolved through legal means such as negotiations, mediation, arbitration, and commercial proceedings. However, the resolution of conflicts always requires not only the application of legal norms but is also based on morality and virtues. These elements are used in commercial proceedings, yet there is a significant lack of understanding and quality implementation in current practice.
The purpose of this article is to establish the essence of morality and virtue in commercial proceedings. In accordance with this objective, the article sets out to analyze judicial practice and provide recommendations for the effective implementation of these categories at the level of commercial justice. The author defines economic activity as both a driver of social development and a factor in the emergence of offences and violations of moral norms that fall under the jurisdiction of commercial courts.
It has been determined that at the level of commercial justice, morality includes three main components: the morality of the parties to the case, the morality of the judge, and morality as a regulator of social relations which has been violated in the course of economic activity. Virtues are defined as a set of key characteristics possessed by judges and participants. It is noted that virtues are inherent in each individual, and they can directly influence the formation of legal positions and decision-making processes.
In order to effectively implement morality and virtues in commercial justice, the author proposes including them in the educational programs of higher education institutions for law specialists. Furthermore, it is recommended to include topics related to morality in the programs of the National School of Judges of Ukraine and in advanced training for lawyers. Such steps are seen as essential for reinforcing the philosophical categories that underlie the objectives of commercial proceedings.
Keywords: judicial proceedings, justice, commercial proceedings, morality, virtue, principles.