Katie Byron: “All suffering comes from believing in our own thoughts. Suffering

SUFFERING

Illness, bitterness, sadness, fear, anxiety. S. in philosophy is most often considered in two aspects: as a necessary destiny of a person, since he is susceptible to illness, aging, and death; as the only possible path to transformation, to personal improvement.
In the Judeo-Christian religious system there is divine punishment for sins. The life of most people, according to A. Schopenhauer, struggles between two poles: S. and boredom. S. arises from unsatisfied desires, but when desires are satisfied, boredom sets in. No matter what we give, no matter what we give, no matter who we are and what we own, we cannot escape the S. inherent in life. It is no coincidence that S. falls to a person’s lot; it depends only on chance, only which one they take. All fiction testifies, according to Schopenhauer, that S. has a negative, not positive, it never depicts final or permanent happiness, but only S. on the way to it.
M. Eckhart wrote about S.'s positive character, believing that S. is the fastest animal that will take you to perfection. S. is the love of God for man. A person must suffer in order to be a person.

Philosophy: Encyclopedic Dictionary. - M.: Gardariki. Edited by A.A. Ivina. 2004 .

SUFFERING

enduring, activities; states of pain, illness, grief, sadness, fear, melancholy, anxiety. Question about meaning (goals, justification) C. impossible with t.zr. antique worldview. S. falls to the lot of a person according to a law indifferent to dept. face (rock), therefore compassion was not included in the list of traditions. antique virtues, the Stoics called it a vicious passion that must be overcome. Within the framework of Judeo-Christ. religious traditions that considered human events. life as a result of personal relationships between a person and the supreme principle, S. was interpreted as deities. punishment for sins (redemption), as a property of the imperfect world of creation. Old Testament S. negative (S. is evidence of the abandonment of a person from whom he turned away); according to the New Testament, the atoning sacrifice of Christ gives S. a guarantee of salvation; Middle-century Christ mysticism evaluates S. as a sign of God’s love for man. In Christianity, compassion acts as a universal. relationship to the world, from which it flows towards one's neighbor. The rationalism of modern times declares S. a consequence of inadequate knowledge (Sinoza, Leibniz). Compassion is assessed differently depending on whether it is seen as selfish. basis (Descartes, Hobbes, Spinoza) or considered as genuine (F. Hutcheson, Hume, A. Smith, Rousseau). From Kant's point of view, compassion is limited. moral value: as humanity it should be cultivated, but in itself unfree, passive, irrational, “legal”, i.e. does not contradict the requirements of morality, but is blind, unreasonable, and therefore immoral. The existence of “unhappy consciousness,” according to Hegel, turns out to be pain also because own lack of clarity: striving for self-affirmation, it vainly and mistakenly seeks it in its empirical (transitory), not true (universal) singularity. Burzh. considers harmony between the individual and the universal to be an unscrupulous illusion; unity is replaced by the postulate of the incompatibility of universal and individual, temporary and bodily existence. Creatures The characteristics of individual existence are recognized as unenlightened, spiritual, misery and misery, arising from the incompleteness of human essence. Sticking to this t.zr., Schopenhauer declares compassion to be the basis of morality, believing that “morals. spring" must be "empirical" i.e. strongly and directly acting and overcoming powerful egoistic. motives. He sees compassion as a mystical, immediate experience. penetration into someone else's “I”, merging with it, leading to the knowledge of the identity of all things. In Spengler, S. acts as the content of true spirituality: in this sense, he speaks of the melancholy and fear living in the soul of a child and an artist. The value of S. is emphasized by Kierkegaard. Nietzsche values compassion as a sign of greatness of soul and rejects compassion as a depressive state that diminishes life. In existentialism, “true being”, “existence”, is revealed through S. (“Heidegger”, Jaspers).

Marxism, revealing the source of social disasters in class antagonistic. formations, exposes apologetic. the orientation of concepts that mystify S. and attribute to it an irresistible character. At the same time, he rejects irresponsibly optimistic. utopia of universal happiness and opens up the prospect of a real struggle for just societies. a device in which a person finds himself as the creator of his own destiny. Marxist-Leninist, while highly appreciating the moral requirement of compassion, opposes its absolutization, its transformation into a principle divorced from the conditions of the class struggle and real social relations.

Map to s K. and Engels F., Holy Family, Op., T. 2; Essay on the history of ethics, M., 1969; Averintsev S.S., Humiliation and, in its book: Poetics of the early Byzantine period. literature, M., 1977; Jaspers K., Psychologie des Weltanschauungen, V., 19222; Mensching G., Die Bedeutung des Leidens im Buddhismus und Christentum, V., 19302.

Philosophical encyclopedic Dictionary. - M.: Soviet Encyclopedia. Ch. editor: L. F. Ilyichev, P. N. Fedoseev, S. M. Kovalev, V. G. Panov. 1983 .

SUFFERING

physical or moral, torment: states of grief, fear, anxiety, melancholy. Within the framework of Christ. religious tradition, which viewed the events of individual life as the result of the relationship between man and God, suffering acted as divine punishment for sins (atonement). At the same time, suffering is a means of deliverance from sin, moral improvement and salvation, i.e. ; According to the Gospel, the atoning sacrifice of Christ gives suffering the meaning of a guarantee of salvation, and compassion acts as a universal attitude towards the world, from which the commandment of love for one’s neighbor flows. For Schopenhauer, the basis of morality is compassion, in which the strong overcome powerful egoistic impulses. He sees in compassion direct penetration into someone else's Self, merging with it, leading to the knowledge of the identity of all things. According to Spengler, suffering is the criterion and content of true spirituality; according to Nietzsche, it is a means to the greatness of the soul. In existentialism existence(existence) is revealed through suffering (“fear” in Heidegger,"borderline situations" Jaspers).

Philosophical Encyclopedic Dictionary. 2010 .

SUFFERING

SUFFERING - the opposite of activity; a state of pain, illness, grief, sadness, fear, melancholy and anxiety. The idea of suffering of living beings included in an endless chain of rebirths (samsara) underlies the tradition of ancient Indian speculation, primarily Buddhism (the so-called “four noble truths” of the Buddha), which considers the main psychological cause of suffering to be a person’s emotional attachment to temporary things and seeing the path to overcoming suffering and liberation from samsara by achieving detachment and dispassion. For the ancient worldview, the meaning (goal, justification) of suffering is almost impossible (cf., however, Aeschylus that through suffering Zeus teaches man wisdom). Suffering falls to the lot of a person according to a law that is indifferent to the individual (fate). Classical ancient philosophy follows the ideal of “equanimity of spirit.” Thus, Socrates strives, even in the face of mortal danger, not to humiliate himself by doing something “slavish” (Plato. Apology of Socrates 38 d). This is also expressed in Aristotle’s definition of the cathartic essence of tragedy, which involves “the purification of such affects through compassion and fear” (Aristotle. On the Art of Poetry 1449 b).

Within the framework of the Judeo-Christian religious tradition, suffering was interpreted as divine punishment for sins, as an indispensable part of the imperfect created world. The Old Testament experience of suffering is negative (suffering is evidence of a person’s abandonment by God). In Christianity, the atoning sacrifice of Christ makes suffering the guarantee of salvation. The most terrible thing is the martyrdom of Christ - the core of Christian hope. The Apostle Paul states: “...we preach Christ crucified, a stumbling block to the Jews, to the Greeks...” (1 Cor. 1:23). “The Passion of Christ” concentrates all human suffering from betrayal to abandonment by God. Redemptive is the suffering that is given to Christ, that is, compassion, since he united the torment of all people. Those who are tormented by suffering, thanks to faith, enter through compassion into the saving sacrament of the “Passion of Christ.” The paradox of faith, becoming the basis of Augustine's historiosophical doctrine, leads to a synthesis of the dogmas of free will and the providential presence of God in the life of people, filled with pain and suffering, in the history of the “earthly city.” As a result, the direction of a single historical process is affirmed, in which the providential spiritual and social crisis and death of Rome and the ancient world as a whole, as well as the associated human suffering, are revealed. From Augustine’s point of view, it was opened by the sacrifice of Christ, which gave the starting point for the New Age. In the light of the New Testament, history appears as aimed at the salvation of man; it contains within itself the direction of following and ascending, in which God is the path, man is the way (Augustine. On the City of God, XI, 2). Medieval Christian mysticism regards suffering as a sign of God’s love for man: “Suffering is the horse that will most quickly bring us to perfection,” says Meister Eckhart. Later, Luther, objecting to Erasmus of Rotterdam (who believed that the freedom of man himself “can remain correct”, since “the mind is darkened [by sin], but not extinguished”), insists on the incommensurability of divine providential reason and human rational choice and will, and thereby - on the mysterious-redemptive meaning of suffering: “If I could somehow understand how a merciful and just God shows us so much anger and injustice, then there would be no need for faith. Now, when it is impossible to understand this, there is precisely the teaching of faith, and this should be preached and proclaimed. Namely, that when God kills, He teaches faith in life.”

Modern rationalism declares suffering to be a consequence of inadequate knowledge (Spinoza, Leibniz). Compassion is assessed differently depending on whether it is seen as an egoistic basis (Descartes, Hobbes, Spinoza) or viewed as a genuine feeling (F. Hutcheson, D. Hume, A. Smith, utilitarianism, Rousseau). From Kant's point of view, compassion has limited moral value: as a duty

Its humanity should be cultivated, but in itself it is not free, passive, irrational, “legal,” that is, it does not contradict the requirements of morality, but is blind, unreasonable, and therefore immoral.

At the same time, back in the 2nd half. 18th century there is a reappraisal of suffering. This is connected, in particular, with overcoming the ban on mimetic reproduction in poetry of the ugly, disgusting and terrible, for example, predatory animals and corpses, as something in which “our soul does not see ... any admixture of pleasure” (Lessing. Laocoon, XXIV-XXV). But already in Goethe’s “Werther,” in the description of the hero’s suicide, this connecting-normative scheme of mimesis occurs: “When the doctor came to the unfortunate man, he found him hopeless; The pulse was still beating, all limbs were paralyzed. He shot himself in the head above the right eye; the brain leaked out. He had his arm bled profusely. The blood was flowing, he was still breathing.”

Schopenhauer emphasizes the redemptive meaning of suffering, declaring compassion to be the basis of morality. At the same time, he believes that the “moral spring” must be “empirical,” that is, strongly and directly acting and overcoming powerful egoistic impulses. He sees in compassion the experience of mystical direct penetration into another’s “I,” merging with it, leading to the knowledge of the identity of all things. Beggars considers suffering a condition of spiritual greatness, although he deprives it of any redemptive meaning and rejects compassion as a depressive state that detracts from the value of life. In existentialism, the structure of “true being”, “existence”, is revealed through suffering (“fear” by Heidegger, “borderline situations” by Jaspers). Experience of the 20th century. makes naive early bourgeois hedonism, which saw suffering as a kind of misunderstanding, unpopular. The unexplained suffering of an “absurd” person who has lost himself (absurdity, according to Camus, is “a state of mind when emptiness becomes eloquent, when the chain of everyday actions breaks, and the heart searches in vain for the lost link”) becomes the initial intuition of philosophy and art. In modern culture, finite human existence “is given as the experience of death... an unthinkable thought” (M. Foucault). One of the essential characteristics of postmodern culture is the fear of the future and of making decisions, since the cultural scientific and technical civilization is being lost.

Lit.: Essay on the history of ethics. M., 1969; Schweitzer A. Culture and. M., 1973; Averintsev S.S. Humiliation and human dignity. - In the book: He is the same. Poetics of early Byzantine literature. M., 1977; Lewis K. S. Suffering. M„ 1991; Suffering, - In the book: Dictionary of Biblical Theology. Brussels, 1990; Kozlowski P. Postmodern culture: socio-cultural consequences technical development. M., 1997; Guard"iniR. Das Ende der Neuzeit. Basel (Hess), 1950; Jaspers K. Psychologie der Weltanschauungen. B., 1922; MenschingG. Die Bedeutung des Leidens im Buddhismus und Christentum. B., 1930.

A.A. Chanyshev

New Philosophical Encyclopedia: In 4 vols. M.: Thought. Edited by V. S. Stepin. 2001 .

Synonyms:

See what “SUFFERING” is in other dictionaries:

See illness, drain the cup of suffering... Dictionary of Russian synonyms and similar expressions. under. ed. N. Abramova, M.: Russian Dictionaries, 1999. suffering is a disease; pain, hard labor, torture, ditty, ordeal, gnashing of teeth, torment, torment, cross... Synonym dictionary

Mystery of feelings * Memory * Desire * Dream * Enjoyment * Loneliness * Waiting * Fall * Memory * Victory * Defeat * Glory * Conscience * Passion * Superstition * Respect * ... Consolidated encyclopedia of aphorisms

SUFFERING, suffering, cf. Torment, physical or mental pain. Physical suffering. Moral suffering. “Three days of terrible suffering and death.” L. Tolstoy. “Your beauty, your suffering disappeared in the coffin urn.” Pushkin. "Too many tears and... Dictionary Ushakova

There are situations in life that negatively affect a person’s behavior. The culprit is the deliberate actions of an individual or an entire organization. As a result, the victim not only experiences material damage, but also feels emotional anxiety, which, one way or another, can affect the victim’s future life.

All this ultimately gives rise to moral suffering, which is in the nature of moral harm. It consists of loss of a job, disclosure of medical confidentiality, dissemination of information discrediting a person that is false, pain from injury or from a disease that was the result of moral damage, and so on.

Moral suffering is a feeling of anxiety after certain events that happened in the past. This can provoke stress, fear, and shame. Experienced emotions can affect both mood and mental and even physical health.

Moral suffering in the concept of moral harm

Morality is a type of social consciousness and social relations. With the help of a certain type of norms, it regulates human behavior. Concepts such as good and evil, justice, humanity formed the basis of morality. The requirements of moral standards are regulated only by the forces of spiritual influence.

In turn, moral harm is moral suffering that was inflicted with or without intent. They are expressed by feelings of humiliation, loss, anxiety, which can leave a mark on the human psyche in the future. The damage in this case can be both intangible and physical torment.

Moral suffering is such emotions that accompany a person when experiencing fear, shame, humiliation, depression, apathy and other negative feelings.

Moral suffering may result from the following situations:

Attempt on the life and health of the victim or his relatives;
Restriction or deprivation of liberty is unlawful;
Damage to health;
Disclosure of medical or personal confidentiality;
Slander;
Copyright infringement;
Financial losses for compensation for moral damage.

What does the civil code say?

Physical or mental suffering in civil law are called moral harm, which violates the intangible rights and benefits of a person. Intangible benefits include life, health, personal dignity, reputation, privacy, family or personal secrets. Intangible rights are copyright, the right to use a name. And also moral damage can violate human property rights. Moral damage may result in liability, the scope of which is determined by a court decision.

A person may receive moral damage after certain events, namely:

Deaths of loved ones;
Inability to lead a normal life;
Job loss;
Disclosure of medical confidentiality;
Slander, defaming the reputation of a citizen;
Physical pain from injury;
Illnesses due to experienced negative events.

Moral suffering, affecting the mental and physical health of the individual, determines the nature of physical and moral suffering. Based on this, they can be divided into degrees:

Mild suffering. Short-term negative emotions that do not leave serious consequences in the future;
Moderate suffering. Long-term, they can have an impact on the psycho-emotional balance of the individual during memories. Does not have consequences for the future of the victim;
Heavy. Cause mental disorders and must be accompanied by appropriate treatment;
Particularly severe suffering. Causes serious damage to a person's personality. As a result, a serious mental disorder may develop;
The experienced situation can completely break a person’s psyche and is accompanied by a disintegration of personality.

For a more complete assessment of these concepts, there are a number of signs:

The power of suffering;
Duration;
Level;
Content (development of certain complexes that require different approach to correct them).

And also when assessing moral damage, the duration of negative experiences and their impact on the future life of the victim are taken into account.

Evidence in court

One claim written by the victim is not enough. It is necessary to present all possible evidence of the moral suffering experienced by the individual. Witness testimony is allowed. It is important to document the fact that a citizen consults a doctor, for example, if depression, obsessive fears or other health problems occur. You can present receipts for treatment or, for example, for repair work if damage is caused to a citizen’s property.

Moral damage is determined by the intangible benefits that were damaged.

Moral suffering examples for the court (sample):

A citizen can file a lawsuit if someone disseminates information defamatory to honor and dignity, and he has the right to demand compensation for moral damage caused, as well as a refutation. The claim will be satisfied if the defendant does not prove the truth of his words.

The stress experienced as a result of job loss or unfair dismissal may serve as grounds for filing a lawsuit against the organization in which the citizen worked.

Former real estate broker and mother of three children, Byron Katie developed the “Work” method 28 years ago (1986). Being in a state of terrible depression, anger and in captivity of bad habits, she woke up one morning and realized: all suffering comes from believing in our own thoughts.

Eckhart Tolle once said, “Byron Katie's work is a great blessing to our planet,” and Time magazine named Katie a “Spiritual Innovator of the New Millennium.”

Quotes from her books:

Exploration reveals a world that is kinder than we could ever imagine.

I am the source of my pain, absolutely all of it.

Self-realization has no power if it is not lived.

The mind falls in love with itself, and this wonderful love affair with itself is not only the end of a war - it is the beginning of a completely new creation.

When you realize that you have everything you need, life becomes heaven.

You only suffer from the belief that something is missing in your life. In reality, you always have everything you need.

Sometimes being happy means being wrong.

What do they think about me? Nobody thinks about me! People can only see themselves - they cannot see me.

Thoughts... they are my children... and I am a good mother. Be the mother of your thoughts! Be the mother of the children in your head!

There is no such thing as bad fate. Check it out through research!

Hell: “Help will arrive any minute.” Freedom: "No one will come"

When you believe that your problem is caused by someone or something else, you become your own victim.

When we are afraid of something in the future, we are already experiencing what we do not want to see in it.

People's bodies are as innocent as trees or flowers.

Children tell us the truth. It is up to us whether we have the courage to hear it.

The more darkness of consciousness there is, the more pain there is.

There are no questions in emptiness.

Life is love, my dears. Everything else is imaginary confusion.

If you really knew how beautiful you are, you would fall at your own feet.

Every moment is God's gift: and are you revealing your gift right now, now, now...?

There is nothing that cannot be forgiven. Your true nature is love. There's nothing you can do about it.

All you think about other people is yourself.

The only defense that could ever exist is sanity, a mind that is completely in touch with reality.

If you don't accept criticism as a gift, it will never end.

What you believe in the present moment creates your suffering or your happiness.

The mind doesn't stop. You just don't believe thoughts anymore. You can really welcome them. The thoughts are not serious, they are innocent children and you laugh with them and smile at them. The mind will be able to calm down by knowing itself. The mind has returned home.

It is impossible for a clear mind to live an unhappy life.

If I am not in your consciousness, how can I exist in your perception? No, the “I” in you is not me. Then who is “I”? What am I"?

When I seek your approval, I disapprove of myself as the one who seeks approval.

Stress is an alarm clock that tells you that you are attached to something that is not true for you.

We are only afraid of what we do not understand.

In the old world we started conversations and the ego lived!

Any story you tell about yourself is food for the ego. There is no true story.

There is no way to convince everyone. There is no one to convince.

Money is a wonderful metaphor. Money flows from one place to another, through different countries, through telephone systems and wires. Money shows us how our thinking should be: how it can flow, how it can be without barriers and how it can take many forms. Money shows how easy it is to appear and disappear all the time. This is a great teacher. If you moved the same way as money, you would be in love with what is.

Our loved ones and loved ones will push all our buttons until we realize what exactly we don’t want to know about ourselves.

Frustration, anger, sadness - these feelings notify you that it's time to wake up. This is what feelings exist for - it is a gift! They are not enemies. Like thoughts, they are a gift - they are not the enemy.

The most important thing is that if someone tells me something and it upsets me, then what they are telling me is true.

The moment you begin to defend yourself and make excuses, you start a war within yourself, in your home and in your family.

We have never met face to face with our husbands, wives, mothers, fathers, children. Until we explore our stories about them, we have no idea who they are. We'll be the last to know.

Only the ego is born, only the ego can die.

We meet nothing except our thoughts. The outer world is a projection of the inner life.

Easy life. In it, everything happens for you - not to you. Everything happens at just the right moment - not earlier and not later.

You know what I love about self-awareness? - That we are always completely protected.

Do you want to meet the love of your life? Look in the mirror.

You cannot demonstrate love - you can only lose yourself in love.

The truth is terrifying to the ego, and the truth is that the ego does not exist.

In reality, I like the fact that she manages without my help.

It's not your business to love me, it's my business.

To enter a state of grace, doubt the thought you are defending right now, NOW...

Please note: are you thinking or are they being thought of?

Thinking you know what's best for another person is minding your own business.

We tell others only what we need to hear.

The prison exists only in the mind - there is no other prison.

Play God - feel the pain.

My religion is to remain present in the present. That's all.

The only relationship that is ever meaningful is the one you have with yourself. When you love yourself, you love the one you are always with. But unless you love yourself, you will not feel comfortable, because people threaten your belief system, and until you examine this, you will be at war to defend your belief system. That's how relationships are.

I have no goal. Why should I deceive myself? Why should I think so narrowly?

We're not growing up. Our bodies mature, but not us. We only become more subtle in how we react when we believe these thoughts.

Our suffering continues only until we come to the realization that we actually know nothing.

Do you want to know the secret of happiness? - Kindness and Gratitude. Nothing more is required.

When they attack you and you notice that you love them with all your heart, your Work is done.

The world that is inside me is so beautiful. Nothing can compete with it.

No, of course, I wouldn't trade this moment for anything. I can't.

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In November, the decision of the Supreme Court of the Russian Federation on one of the claims demanding the recovery of moral damages came into force and is now mandatory for execution by all Russian courts.

Experts call him very curious. Themis often understands stories where one of the participants wants to receive certain amounts for moral suffering, however, as you know, there are no uniform “prices”.

As a result, some judges count the moral damage inflicted on a person at thousands of rubles, others at millions. And some are completely refused to satisfy such demands, and the logic of the court verdict is not always clear. Of course, there is no question that there will be some kind of general price list for those who consider themselves offended. Nevertheless, the interpretation of the law in disputes involving payment for grievances can be very useful for many citizens. For clarification, we turned to the permanent expert of our legal column, the head of the widely known Legal Agency “SRV” in the Stavropol region, Roman SAVICHEV.

- Rossiyskaya Gazeta provides the following statistics: the share of compensation for moral damage is only about 5.5 percent of the total amount of payments awarded to citizens as a result of legal proceedings. Most often, compensation for moral damage is received by buyers of goods, consumers of banking, housing and communal services and personal services, explains

R. Savichev. “However, the Supreme Court, if we talk about its decision, which attracted the attention of lawyers, was interested in a dispute of a different kind.

Themis drew attention to the claim of the owner of half of a private house against her neighbor, who, in her opinion, illegally carried out repair work on his square meters. The courts initially met her halfway, declaring the reconstruction of half the house illegal: they say, as a result, the citizen’s property was in disrepair. And the neighbor had to compensate for the damage and eliminate the shortcomings. But this verdict did not completely satisfy the woman: after going to court for the second time, she said that due to the illegal actions of her neighbor, she appeared real threat her life and health, all the time while the renovation was going on, she seemed to experience fear, excitement and “a feeling

uncertainty about one's future." The citizen estimated the moral damage caused to her at 52 thousand rubles. As a result, the courts partially agreed with her, assessing mental anguish cheaper and awarding the plaintiff 15 thousand rubles.

But the neighbor who renovated his home did not agree with such “arithmetic” and went all the way to the Supreme Court, whose verdict pleased him much more. The higher authority did not return the case to the district court, but itself made a new decision, which does not happen very often. Payments to the woman were categorically denied. But what is fundamentally important is that this decision provides detailed explanations in which cases the courts should still award compensation for moral damage.

So, in what cases can you go to court and demand that the offender pay for the insult? Let me remind you that the main legislative act on which courts rely when awarding compensation for moral damage is the Civil Code. Article 151 defines moral harm as physical or moral suffering. It also says that “if moral harm is caused to a citizen by actions that violate his personal non-property rights, the court may impose the obligation of monetary compensation on the violator.” In this case we are talking about such intangible benefits as life, health, personal dignity, business reputation, privacy, etc.

If the theory is applied to more specific life situations, then, according to the explanations of the Supreme Court, moral harm may consist of moral feelings in connection with the loss of relatives, the inability to continue social life, loss of a job, or the disclosure of personal, medical or family secrets. Moral damage also includes the dissemination of information that does not correspond to reality, facts that discredit the honor and business reputation of a citizen, and temporary restriction of some of his rights. The law also includes physical pain associated with an injury or illness that developed due to moral suffering.

Thus, we conclude that moral damage is subject to compensation if it is caused by actions that violate the personal non-property rights of a citizen or encroaches on personal non-material benefits belonging to him. In the case described above, the plaintiff named the actions of a neighbor in illegally redeveloping half of the house as the basis for compensation for moral damage. Because of this, part of the plaintiff’s house became uninhabitable. Translated into legal language, the grounds of claim are damage to common property. And this is another story: according to civil and housing legislation in our country, compensation for moral damage caused by violation of property rights to housing is not provided.

As for the actual payments, the final amount of compensation can only be determined by the court. From practice I know well that only the maximum amount of evidence can play into the plaintiff’s hands - the more evidence a person can bring to substantiate his claims, the more substantial compensation he can ultimately count on. Evidence obtained from the explanations of the parties and third parties may serve as evidence of physical and moral suffering. Witness stories, written and material evidence, audio and video recordings, and expert opinions have weight.

I would especially like to emphasize that you should not rely only on the testimony of eyewitnesses; they play an important role, but not a decisive one. It would be useful to contact a psychiatrist, who will document the victim’s mental disorder, insomnia or depression, if any. This will also help increase your compensation. Calls for an ambulance if blood pressure rose or was unwell, prescriptions for medications - all this is full-fledged evidence in favor of the victim.

Fear can also have social roots: fear of loss of respect, ridicule from others, deterioration of financial situation, fear of responsibility, etc. Anxiety is an unpleasant and difficult to bear feeling, including nervous tension, worry and apprehension. The occurrence of anxiety is caused by the presence of potentially dangerous situations, threats of something, as well as negative prospects for the future. Shame is a mental state in which a person condemns his actions, intentions or moral qualities. This state is based on the experience of one’s own guilt.

What is moral suffering?

False information was disseminated, discrediting the honor of the victim.
The doctor violated medical confidentiality.
The author's rights to any work (book or music), name, photograph or publication are violated.

refusal to grant another leave;
illegal dismissal;
injury to an employee at work;
illegal demotion;
delay of wages;
discrimination (by age, gender) caused by the employer’s inaction;
violation of the non-property rights of the victim.

The court in such cases is guided by civil and labor codes for decision making.

Legal advice: what is moral damage and moral suffering?

Attention

According to a number of psychologists, suffering is a kind of internal stimulator of anger, and then aggression, which can be observed in the development of affect. Therefore, establishing strong emotional stress and affect in a subject using a forensic psychological examination can serve as confirmation, proof that he really experienced suffering. Characteristic signs suffering. Outwardly, a suffering person looks sad, detached from current events, and disconnected from people.

Experiences a feeling of loneliness, isolation, especially from those who care about him; feels like a loser, unhappy, defeated, unable to achieve previous successes.

Raa Law

Intangible rights are copyright, the right to use a name. And also moral damage can violate human property rights. Moral damage may result in liability, the scope of which is determined by a court decision.
A person may receive moral damage after certain events, namely:

Deaths of loved ones;
Inability to lead a normal life;
Job loss;
Disclosure of medical confidentiality;
Slander, defaming the reputation of a citizen;
Physical pain from injury;
Illnesses due to experienced negative events.

Moral suffering, affecting the mental and physical health of the individual, determines the nature of physical and moral suffering. Based on this, they can be divided into degrees:

Mild suffering.

Proving moral suffering in claims for compensation for moral damage

Info

Suffering is a feeling emotional condition a person in the form of negative experiences that arise under the influence of events that traumatize his psyche and health, deeply affecting his personal structures, mood, well-being and other values. The emotional profile of suffering is considered one of the complex ones, since suffering itself, separately, in its pure form, is extremely rarely observed. Suffering is usually accompanied by fear, mental tension, post-traumatic stress conditions, anger, impulsivity, affect, feelings of guilt, shame, and other negative mental and emotional states.

The most common connection is between suffering and fear, suffering and stress (frustration). Thus, a threat, real or imaginary (intimidation), to commit a crime against a person can cause fear.

Compensation for moral damage according to the law of the Russian Federation

The latter, acting in a paralyzing manner on the expression of the subject’s will, his motivational sphere (motivation for achievement), contributes to the loss of courage, curtailment of life activity and, in turn, leads to moral suffering. All this contributes to the emergence of emotional tension and stress. Some psychologists directly connect suffering with stress, considering suffering as a form of emotional stress, its characteristic feature.
On the other hand, deep emotional stress (distress), especially when it has reached its third stage (exhaustion), as well as various types of post-traumatic stress state can cause moral, mental and physical suffering. A very close relationship exists between suffering and the emotions of anger and affect.

What kind of moral suffering can there be?

For example, moral harm may consist of moral suffering due to the loss of a relative, the inability to further continue active life, disclosure of family or medical secrets, loss of work, dissemination of false information discrediting the honor or business reputation of a person, defeat or temporary restriction of rights, as well as physical pain from injury, mutilation, other damage to health or illness suffered as a result of moral suffering. www.Advokat.Kollegia.RU Moral suffering is a person’s emotional and volitional experiences and is expressed in feelings of any kind of discomfort, humiliation, shame, inferiority, depression, despair, irritation, anger, etc.

Important

Currently, courts, when considering criminal and civil cases, when determining the amount of compensation for moral damage, have begun to more often pay attention to issues related to the establishment of signs confirming the physical or moral or mental suffering experienced by the subject. Such judicial practice fully complies with the requirements of the law. So, in Art. 151 of the Civil Code, when deciding issues related to compensation for moral damage, courts are ordered to “take into account the degree of physical and moral suffering associated with the individual characteristics of the person who suffered harm.”

In accordance with the resolution of the Plenum of the Supreme Court of the Russian Federation of December 20, 1994
When considering a claim, not only the nature of the damage caused must be taken into account, but also the degree of guilt of the defendant. The final amount of compensation in civil law does not depend on the amount of property damage if it was claimed by the plaintiff. The assessment of the nature of physical and moral suffering is carried out separately in each specific case. Moral damage in case of an accident In case of accidents, in addition to compensation for property damage caused by damage to the vehicle, the applicant has the right to demand compensation for moral damage. Taking into account the degree of guilt of the offender, the court assigns payments. As a rule, the amounts claimed are reduced several times, but in such cases the plaintiffs often receive significant compensation.
Statistics of court decisions show that in case of an accident you can receive a payment of 100-800 thousand rubles for moral damage.

What kind of moral suffering can there be when a relative dies?

It was found that 16% of victims of psychotrauma came forward as a result of a personal grievance. Thus, as already noted, 84% of those surveyed needed psychiatric help as a result of certain offenses. 24% of those examined were diagnosed with anxious depression, phobias, 40% - hysterodepression, 12% - anxious suspiciousness. The relationship between the mental state on the day of treatment and physical condition is not traced, which generally confirms the prevailing opinion not only in Russian but also in foreign civil law regarding the different nature of these types of moral harm. A favorable prognosis for the course of the disease is observed in 52% of patients, of whom only 8% felt improvement as a result of treatment in a psychiatric hospital. In other patients, the condition improves, as a rule, due to the cessation of the traumatic situation itself.

What kind of moral suffering can there be?

Often such persons have thoughts about their professional incompetence and loss of meaning in life; the general physical tone decreases, various types of functional disorders accompanying this appear, sleep, appetite, etc. are disturbed. (Fig. 7.12). It has been noted that the depth of suffering, as well as stress, largely depends not only on what happened, but also no less on the attitude towards what happened, on the individual psychological characteristics of a person, his attitudes, social expectations, personal predisposition to social disruptive forms of behavior. The suffering a person experiences has a negative impact on his professional activity, cognitive activity, which usually does not go unnoticed by his immediate environment.

The law mentions two types of this kind of experience: moral, mental suffering and physical suffering. Rice.