Principles of Critical Morality for the Critique and Reform of Public Morality: A Case Study Analysis of Four Moral Cases in the Jurisprudence of the European Court of Human Rights

Recent developments in the jurisprudence of the European Court of Human Rights indicate a gradual shift from classical public morality, grounded in socially accepted norms, toward a critical morality based on normative evaluation. This transformation has influenced the Court’s approach to balancing public interests and fundamental rights. This study aims to conceptualize and systematically articulate the role of critical morality in judicial practice through a qualitative, analytical–interpretive examination of selected landmark judgments of the Court. By analyzing the normative structure of judicial reasoning, the research identifies underlying moral principles embedded in the Court’s case law. The findings reveal a movement from morality understood as social consensus toward a framework centered on human dignity, individual autonomy, and critical reflection. The study proposes a coherent conceptual model of “critical morality in judicial practice,” clarifying the evolving relationship between public morality and the interpretation of human rights within the European human rights system.

کلیدواژه ها:

Critical Morality ، Public Morality ، Human Dignity ، Autonomy ، Universality ، Critical Reflection