Philosophical Understanding of the Settlement Agreement as a Responsible Action via Moral Philosophy of M.M. Bakhtin
Galina YungusThe article is devoted to the understanding of a settlement agreement as a responsible act of the conflict parties. Both parties, which concluded it, are responsible for the implementation of the terms of the settlement agreement. The agreement is based on reconciliation. The philosophy of the act is reinterpreted in various foreign and domestic works, scientific articles. The author considers the conclusion of a settlement agreement as a responsible act, using the conceptual apparatus of Bakhtin's philosophy, identifies the conditions, under which not only the probability of concluding a settlement agreement increases, but also its implementation is possible. Theoretical analysis will allow to consider the settlement agreement as a derivative of the responsible act. The act of concluding a settlement agreement forms a new reality, where there is no conflict, contradictions in the conflict of interests are settled within the framework of the points of the settlement agreement. The parties of the settlement agreement take responsibility for the implementation of the agreement, the level of legal awareness and responsibility of the parties shows the true intentions of the parties. A person, who has violated the terms of the settlement agreement, denies his own act to conclude peace, forgetting about responsibility, allowing himself to exist within the “non-alibi- in-being”. Under the conditions of legal nihilism, a person is not always able to realize the value of a moral image. Thus, despite the triviality of the thesis, the higher the legal culture in the society, the better the mediation mechanism in the conflict works, the more interested the members of the society in maintaining their own moral image are. The fulfillment of the terms of a voluntarily accepted settlement agreement is an example of a “non-alibi-in-being”.