The concept of "value judgment" pops up when it comes to protecting honor, dignity and business reputation. Recently, this has become very relevant due to the fact that cases of going to court on such issues have become more frequent and, accordingly, the number of “insulted” people has increased.

Every year, in this category in Russia, an average of 5,000 cases are considered in courts of general jurisdiction, and 800 cases in arbitration courts.

In this article, we will analyze the concept of "value judgment" from the legal side and law enforcement practice.

Value judgment, opinion or belief It is an expression of the subjective views of a person. They cannot be verified for validity. Therefore, they are not the subject of judicial protection (See clause 9 of the PPVS of the Russian Federation dated February 24, 2005 No. 3 “On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities”).

In order to understand whether a statement is a value judgment, it is necessary to forensic linguistic expertise. Only a linguist can determine in what form information is expressed - in factual form or in the form of an opinion. This is a key factor in the decision of the court.

What statements can be held responsible?

As we found out, for value judgment, opinion or belief will not be held responsible.

Liability may arise for:

1. Fact statements, which can be checked and they are not true.
2. Subjective opinion(value judgment, belief), insulting.

Statement vs Opinion: What's the difference?

1. Fact statements perceived unconsciously by people as truth, an objective reality. The author accepts responsibility for this truth. There are no references to other people's points of view. As a rule, the form of a declarative sentence is used.

Statement example:“Yesterday Deputy I. was detained by law enforcement agencies on suspicion of committing a bribe on an especially large scale.”

1. Opinion viewed critically by people. It is associated with the personality of the author, is subjective. The author shows his personal view on a particular problem. A kind of opinion is the assumption of the author. An opinion cannot be tested for reality, since this is the author's personal picture of the world. When expressing an opinion, the words “probably”, “it seems”, “in my opinion”, “according to information from such and such a site”, “I believe”, “I think” are often used.

An example of an opinion:“Information is circulating on the Internet that yesterday Deputy I. was allegedly detained by law enforcement agencies, allegedly on suspicion of committing a bribe on an especially large scale.”

Will the phrase “This is my personal opinion and value judgment” save?

Many people think that if you insert the magic phrase “Everything said is my value judgment” before (or after) your article, video or any other content, then a miracle will happen and the author will close himself with a reliable invisible shield from lawsuits. After this phrase, you can allegedly say anything, swear obscenely, insult, and nothing threatens you for it. Often they do this and probably think bloggers on YouTube.

But it is worth remembering here that if the subjective opinion is made in an offensive way degrading the honor, dignity or business reputation of the plaintiff, the person who expressed it may be charged with the obligation to compensate for non-pecuniary damage caused to the plaintiff by an insult.

Freedom of speech and opinion

As the European Court of Human Rights has repeatedly pointed out, freedom of expression, as defined in paragraph 1 of Article 10 of the Convention, is one of the bearing foundations of a democratic society, a fundamental condition for its progress and self-realization of each of its members.

Free speech encompasses not only "information" or "ideas" that are favorably received or regarded as harmless or neutral, but also those that offend, shock or disturb. These are the demands of pluralism, tolerance and liberalism, without which there is no "democratic society".

In any case, before you say or say something, you need to think carefully. Especially in our "Internet" time. And always remember the saying: “The word is not a sparrow: if it flies out, you won’t catch it.”

he didn’t need an article, why are you climbing with what he didn’t ask, Better tell him

to answer such a question is not at all stupid and very relevant.

if such a phrase is uttered by a child of about five, eight years old, cleanly and seriously, then there will still be "petrification". But if an adult gives this out, then he will hear enough of this :). Such phrases are not allowed in the Russian mentality :)

not my own, I have been living in another country for many years and I can compare. it is always more visible from the outside. there is a Russian mentality. And somewhere in the village for such statements, and in general they can beat :))). they’ll think that you’re kidding me :))) Well, of course, all these are certain people, but they won’t make rash remarks to other people (educated). so think carefully whether those for whom such phrases are intended will understand.

You wrote two contradictions in one post:

1. "not your own" mentality. those. General?

2. And then also divide into two subcategories. Educated and uneducated. Are there other options?

If so, I'm right.

Everyone has their own mentality. Personal, not national, cultural...

heh, heh. you don't seem to know the meaning of the word mentality. upbringing is upbringing, and mentality is mentality :)) There are no contradictions in my post. Google Google :)) In general, you probably need to live abroad to understand what the Russian mentality is :))). Yu. from the bins. :))

I will be glad to your opinion.

Although it is clear when you see what surrounds a person around, in fact he is.

Homeland is one. If it is in the Russian sense of the word.

And now you are nowhere. Where are your roots? Ancestors. Or maybe it's you? That is what you are.

What difference does it make if it's science or not. Here is Mathematics - science - so what? Does it help you in your daily life in any way? Elena's tips are helpful! Thank you! I will learn the magic phrase myself and teach it to my 4 year old son!!! 7 year old - he will remember it himself :)))

the child must be protected. To feel parental support.

Let Lena write about it - how to do it right.

So far, I know two forms of protection - one as in Raikin's sideshow, when they are brought up and looked after by the whole yard. And the other - indecently everyday - I will tear everyone for my cub

Elena! Thanks a lot for your articles! The wisdom with which you teach us to interact in this world speaks of deep knowledge in various fields and helps to survive in our difficult time, a time of change. It's hard for people living in Finland to understand.

Often on the street, involuntarily, you see how mothers torture their children. The trouble is that they lack elementary knowledge of psychology... One would like to make her remark, but there is a brake inside........

It is necessary to educate the adult population (parents), then we can strive to solve this problem ......... Maybe I'm wrong, but the level of culture in society, morality is falling and falling. Society is deteriorating...

For the first time I will make a critical remark on the content of Elena's article. In the part where her advice refers to the relationship of adults. So, the advice to express regret that "it happened" (instead of "I did / I didn't") is a great temptation, a temptation for a person to refuse HIS responsibility, assigning himself the role of an ascertainer of the event. "I'm sorry that it HAPPENED this way" - the standard phrase of an unscrupulous, and at the same time infantile employee. Masking his own mistakes or inaction, he, thus. extends responsibility to everything around, at the same time distancing itself from what is happening, and even rising above it to the philosophical "shit happens". I have repeatedly met with this type of people, and studied it well. Using the terminology of Elena's article, one can say that such behavior is the sacrifice of personal responsibility as part of one's own identity. And in my view, a person loses his integrity by practicing such mimicry, and vice versa - demonstrates his maturity and value, accepting his responsibility, even if he realizes that the result of his work is far from expected.

Something like this.

expected reaction, by the way. normal and common ... for the post-Soviet space.

We were taught to be responsible to the end. Many have learned, and even more envy those who care nothing. Because the latter is easier.

You, comrade, put everything on the shelves so responsibly and proudly hit yourself in the chest that you might think that all your working "diagnoses" turned out to be indisputable, the methods for solving problems were correct, and the results were stable. And you, according to the results every day, as before the Supreme Court, are already clean and justified.

In one old book, this is called Pride and it is very modestly reminded that a person makes a lot of mistakes on his way, not knowing what he is doing.

Taking responsibility, a person should not put his head under the ax. And this happens to those who do not know how to forgive themselves for their mistakes, who have been trained to be smart and proud. On this basis, many psycho-states flourish, but in a simple way, shifts that prevent you from continuing to live and work.

NLP - Western science, bourgeois, for those. who loves himself. For the former "cogs of the system" self-love is a non-native, indecent thing. Lena wrote that family traditions have been preserved for three hundred years. To take into account that we came out of serfdom only 150 years ago, then only our great-great-great-great-great-great-great-great-great-grandfathers will learn to love themselves, as the bourgeois do now ... And for now, as ordered by our great-grandfathers, we will be responsible without reservation, because the back remembers more rods in the stable :)

Pavel.beles***@g*****.com 09.10.2011

How many generalizations)), Well, oh well. How many people, so many opinions)) Any person is free to choose his position regarding responsibility for his own actions. Someone chooses the position "to the lantern", by the way, "the cog of the system" - this is from the same place - "it's not me, I'm just a cog, this is the system." At best an observer, at worst a victim. But the freedom of such a position, thank God, coexists with the freedom to fire an idler who does not take his place. For "All desires must be fulfilled" (c) Cagliostro / Gorin. One selects a mature person for cooperation, the other now with sufficient reason can talk about what "happens" from the outside. After all, he is not the subject of events and this is his personal choice.
So it goes.

Pavel.beles***@g*****.com 09.10.2011

Why? Wrong. But her (mature personality) difference is that she is capable of development, recognition of her own imperfection (in our case, mistakes or inaction) is the first step towards change. Fixing mistakes, learning from them. And a person who believes that the outcome of an event is connected with his personal actions is motivated - he is the creator of the result, not an observer, and in no case a victim. And a person who confuses like "they were not taken into account in the analysis ...", "The waybill WAS not filled out correctly", "There was an error in the calculations", etc. (sorry for the prose of life) is doomed to swamping. True, and it can change, either through the inclusion of the instinct of self-preservation, or simply by growing up. There is a place for everything in life.

No, a mature person can make mistakes and screw up, but he does not relieve himself of responsibility, and takes actions to correct / eliminate the error / situation.

It can also be said that a mature person will do everything possible to prevent a recurrence of a negative situation in the future, and an immature person will think about how to avoid punishment in the future...

The difference is obvious.

Pavel.beles***@g*****.com 09.10.2011

I didn't see any contradiction. I agree that I did not understand your answer due to my own bewilderment, showing thus. own maturity))) That's where I'll end.

3. We translate it into constructive and concrete: a person will have to explain why he thinks so, and move from the level of identity to the level of actions and actions. And if he doesn't pass, and replies "Damn!", or "Because you're a fool!", we already understand that his statements are simply unfounded, and they can be ignored.

4. We do not relieve ourselves of personal responsibility, and if, in response to our question, a person begins to list specific actions, then this will already be a constructive conversation to correct specific aspects of behavior that identity no longer affects.

If you want, you can find a few more pluses!

What will you see?

Pavel.beles***@g*****.com 09.10.2011

I agree. Rational communication never fails

The phrase is magical and works on its own. But let's try to understand what is behind it. 1. “My mom (dad) teach me” - with this phrase, the child says that he has authoritative people responsible for his upbringing. This means that the statements of other people addressed to him do not have a decisive meaning for him. Thus, the child tactfully makes it clear that he heard you, but he has his own a priori position on this matter. 2. … that not every value judgment should serve as a behavior modifier. With this phrase, the child makes it clear that the person who evaluates the child is most likely not ready to a) take on a change in his behavior (situation); b) establishes the absence of a connection between empty words (after all, a person does not assume obligations) and specific purposeful actions. And most importantly, an adult mentor does not expect such a smart answer, which knocks the ground out from under his feet. And then any objection like - "you are the smartest here" clearly lowers him in terms of culture and intelligence below the growing little man.

Absolutely any person is a part of the environment in which he lives. This implies a reluctance to stand out from society. Now we can conclude that the subjective evaluative opinion of each of us is the result of the influence of public judgments.

Why is an assessment needed?

The main task of assessment is self-control and self-management, coupled with identifying oneself with society. We begin to talk about value judgment when it comes to such concepts as the protection of honor and dignity. But most often this concept is used precisely in the scientific field in order to define certain facts and theories.

Concept definitions

A value judgment is a person's subjective assessment of any environmental phenomenon. Simply put, this is an opinion that is expressed most often with the help of evaluative concepts. We are used to using them in everyday life, for example, for good or bad. Thus, we explain our personal position in relation to a particular object, person or phenomenon.

What are judgments?

Value judgments are usually divided according to their direction. We can talk about three types:

• Factual or objective judgments record those events that really happened in life. Simply put, an event that was captured by people or special devices, and also stored in any form or has evidence. An actual theoretical value judgment can be the result of both one's own experience and that of others. This also includes events that occur not only in real life, but can also be plots of books, movies, advertising, and so on. For example, Harry Potter is a wizard who studied at Hogwarts. It's definitely a fact, but a fact that happened in a fantasy world.
• A value judgment is a subjective opinion, which may even belong not to a particular person, but to the whole society. This type of judgment reflects the individual perception of the fact.
• Theoretical judgments are the information that is based on the experience of more than one generation. In order to have an actual evaluative theoretical character of judgments, it is absolutely not necessary to be a scientist or understand science. Even the most ordinary person can get scientific experience.

Scientific experience

To understand this issue, you need to define what scientific experience is and where to get it. Everything is simple here, usually these are any events, concepts, theories, schemes that are presented by competent people in an orderly and concrete manner. The amount of knowledge in the world is crazy, but only those that have received their approval from the scientific community and have been published in special editions are recognized as scientific. Theoretical judgments must not be confused with the most ordinary facts. After all, a phenomenon is a specific event, and a theory is a scheme of actions. Each person gives an independent assessment of certain phenomena and objects, and it is considered as such, even if this judgment is imposed on him by the surrounding world.

Types of evaluative opinion

Psychology characterizes value judgments as follows. They are: right / wrong, adequate / inadequate, optimal / non-optimal. A person characterizes each of his actual judgments and value judgments in accordance with these three positions. Even though a person can make mistakes, he always considers his opinion to be correct, adequate and optimal. Each of these characteristics has its own properties. For example, a person can add up his opinion about the correctness of another person's judgment if he compares it with the patterns of events. With regard to adequacy, we compare the judgment with reality, already existing facts. The optimality of an opinion is determined by the benefit of the opinion to the one who expresses this opinion. For example, if a person decides to lie, such an opinion can be called optimal if, thanks to his lie, a person achieves his goal. Examples of a value judgment that is inadequate and not optimal can be as follows: something unpleasant happened to a person, but he looked at the situation with optimism and found positive moments. In the future, such a judgment helped him achieve new goals and change his life for the better. By assessing the surrounding reality, a person can manage and control himself, thereby forming his own reality. If we talk about the most important mission of a value judgment, then this is not a struggle for the truth, but the justification of one's own thoughts, words, and actions.

What are the statements?

A judgment is a sentence that is expressed through narration. We usually deal with the following types of opinions:

• Evaluative - usually involves an open or indirectly expressed opinion of a particular person about what is happening from the position of good or bad. If the presence of a value judgment is indirect, then it can only be identified by asking additional questions to the speaker.
• Justifying - a judgment that is supported by arguments and facts.
• Analytical - a judgment that notes the specific need for the existence of a particular phenomenon or object, its analysis and the degree of connection with other objects.
• Existential - the most common opinion in its purest form. Used to indicate the existence of a certain fact without a specific explanation.
• Definition - a judgment, the essence of which is to reveal the essence of a particular phenomenon or object.

If an opinion has absorbed several of the above features at once, then it is constructive.

educational process

Equally important is the value judgment in the educational process. In fact, the activity of the teacher is aimed at evaluation. Grades are a kind of indicators of the achievement of certain results by students, which act on students as an incentive to action. And if everything is clear with psychology, then pedagogy has its own classification of value judgments.

• Destructive - the opinion of the teacher about the student, which negatively affects the self-esteem of the latter. Usually such judgments are filled with expressive vocabulary and in no way push the student to achieve better results, on the contrary, they contribute to the fact that he begins to act out of spite.
• A limiting judgment is based on comparing certain results with some established truth. If the student deviates from this truth, he receives a reprimand. Thus, his activity is limited to certain limits set by the teacher.
• Supportive value judgment is the most effective. For example, teachers can praise even the most negligent student with the aim that he even looked at the textbook with one eye.
• Developmental value judgment is preferred in education. If the previous option places the student in a certain comfort zone, where he is always ready for praise, then in this case, the teacher's comments direct the student on the path to further growth and movement forward.

As we can see, value judgments play one of the main roles in the educational process.

Examples

Scientific interpretation of facts does not take place without evaluation and expression of opinion. Each scientist, after analyzing and studying any kind of information, must express his opinion, which he has developed in the process of research. That is why any material has true social facts, which are mixed with the subjective opinion of the author. It is possible to identify a value judgment in scientific publications by using the following constructions in the text: in all likelihood, it seems, most likely, there is reason to assume, I think, my point of view, and so on. Often such judgments can become the basis for explaining the influence of events on other objects or phenomena. They can be identified by the presence of the following phrases in the text: this situation can be an example, this fact explains the following, based on the above, we can conclude, and so on.

(NLP training)

Do you know why we are so nervous when we communicate with people? Do you know why most people I know label themselves as "sociopaths"?

The fact is that we allow most people to influence our personality (aka identity)!

This needs to be stopped at an early age.

Here, for example .... If strangers make comments to your child ... (which is considered absolutely unacceptable in the modern world - although the idea is controversial for compatriots), then how should his parents react to this?

Psychologists advise to apply one unexpected, ernicheskoy and funny technique. Teach your child a "magic" phrase that works akin to a real magic spell:

"My mom teaches me that not every value judgment should be a behavior modifier" .

If your child learns to pronounce these words with very clear diction and (necessarily!) a benevolently confident intonation, then the spell will work like a Harry Potter "Petrify!" ...

The secret to the success (and pedagogy) of this technique lies precisely in the fact that NOT EVERY CHILD will be able to satisfy these three simple conditions:

• can remember this phrase
• can say it with good diction,
• be able to say it in a benevolently confident tone.

However, if you raise your child in such a way that it will not be difficult for him to cope with the above conditions, then this means only one thing:

You are already EXCELLENT with your parental responsibilities and you don’t need the “help” of outside uncles and aunts. And besides, your child (being already the way he is) did not deserve any pseudo-pedagogical remarks from the outside.

If you have already grown up and have not been a child for a long time, do not be sad. The same phrase can also be pronounced by adults (in some situations), omitting its first part about mom or replacing it with "Modern psychology teaches"...

not every value judgment should serve as a modifier of behavior

NLP trainers work with people who, in their work, are forced to listen to other people's criticism and even respond to it.

Most often, all the “critics” in their criticism do not deal with the analysis of the problem that has arisen, but directly attack your identity, that is, in other words, go “to the individual”, discussing the color of your eyes and hair, your parents and your human qualities (which by the way, they are unknown).

But we are all arranged in such a way that we take all these illogical and indecent attacks to heart - we allow strangers (and other people in general) to influence our personality ...

In a previous article on our website ("Five Levels of NLP Thinking or NLP Debriefing"), we already talked about the existence of five levels of being that we see and blame when we encounter a certain problem, with a freelance task.

Let me recap them briefly:

1. in analyzing the problem, one can refer to external environment, external circumstances. I swam badly because there were waves on the sea.
2. own not successful behavior. For some reason, I climbed to swim in a storm, made a fool of myself.
3. By analyzing the problem, one can see (and blame) level of their abilities. I don't swim well on the waves, that's why I swam badly. Should have learned.
4. Dealing with the problem, one can say about value or lack of value in this situation. You can say: what difference does it make how I swam - I floundered for my own pleasure, but I don’t need anything else (we reduce the importance of the situation) We can say: But I swam - and some in my place would not climb into the sea at all. Last year, I didn’t go to the sea with such waves at all (we increase the value of what we have).
5. And finally, analyzing the problem, one can only see identity level i.e. blame everything human personality. And then we say: That's always how I am - I'll get out somewhere and disgrace myself. Because I'm a braggart, a weakling, and a fool to boot...

Action in conflict situations

So, the critic (and just an aggressive person) yells at us: “It was your fault!” or “What did you do?!”.

And in his eyes we read a whole list of what he thinks about us at the same time: “It's your fault, because you: ........”

We also perceive a response at the level of affecting identity at the level of identity and think to ourselves: “Something is wrong with me. Look, even strangers can see it!”

The mistake is that we don't understand (until NLP explains it to us!) these strangers SEE NOTHING!

They always and everyone express some kind of various insults at the level of identity - this is just their bad habit.

But working at a nervous job, we take every such conversation to heart and we can “burn out” from this.

NLP trainers teach how to deal with conflict situations.

The magic formula-spell saves. Remember her:

« I'm very sorry that this happened.

I'm sorry it upset you so much.

Tell me what did I do wrong? (What did we do wrong?)

Tell us what exactly happened? (What happened from your point of view, give your version).

What can we do now?»

So, switching the attention of the aggressor from myself and your personality on what happened problem, you

a) do not burn out at work and in society in general,

b) fix the problem

c) break up as friends with your "offender".

And the last point is important. After all, the proverb “do not have a hundred rubles, but have a hundred friends” is familiar to you?