Article | Universal Standards of Humanity as Conceptual Principles of Anthropocentric Law Understanding |
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Authors | PETRO RABINOVYCH |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 1 / 2021 |
Pages | 76 - 87 |
Annotation | The article highlights some aspects of fundamental human rights issues, on which modern natural law concepts are usually based. In particular, it is substantiated that the term “existential” can be a relatively correct designation of such rights. It is proved that their social essence is to provide or promote the satisfaction of vital human needs in society. The most important of these needs are: respect for human dignity, as well as adequate food, clothing and shelter. The definition of the concept of international human rights standards is constructed. The standard of prohibition of inhuman treatment is analysed with regard to previously substantiated universal standard of human behaviour. Based on these global standards, the author makes an attempt to justify unconventionallyan integrated human-centric understanding of law from the standpoint of the required research approach. It is based on the idea that the concept of law can reflect the ability to meet human needs, provided by the social responsibilities of other actors in society. The lawfulness (belonging to the sphere of law) of certain phenomena is determined as their ability to be conditions or means of satisfying human needs. This property of such phenomena is formed only in the process of social practice of people. As a result, law is a social phenomenon (and not biological, chemical, cosmic). Therefore, law arises as a result of “meeting” of human needs with external phenomena (objects, processes), which are able to meet these needs. Within the process of need satisfaction, the integration of objective properties of certain phenomena (both natural and social) in the existence of human individuals and their groups is made. Then such properties, having acquired (according to the specified legal understanding) legal character, are introduced into human existence. In this way, human rights as certain human possibilities are realized (used) by a human, and therefore change their ontic status, becoming a necessary natural component of human existence.
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Keywords | fundamental human rights; necessity based research approach; international human rights standards; human dignity; inhuman treatment; integrated human-centric law understanding |
References | Bibliography Authored books 1. Pavlov V, Problemy teorii gosudarstva i prava: ucheb. posobie (Akademija MVD 2017) (in Russian). 2. Kostenko O, U svitli sotsialnoho naturalizmu (vybrane): vybrani tvory (PALYVODA A. V. 2020) (in Ukrainian).
Edited books 3. Rabinovych P, ‘Sotsialno-pryrodni prava y obov’iazky liudyny ta inshykh sub’iektiv yak element zahalnosotsialnoi pravovoi systemy’ u Pravova systema Ukrainy, t 1: Metodolohichni ta istoryko-teoretychni problemy formuvannia i rozvytku pravovoi systemy Ukrainy (2008) (in Ukrainian).
Dictionaries 4. Akademichnyi tlumachnyi slovnyk ukrainskoi movy (1970–1980 rr.), t 8 (Naukova dumka 1977) (in Ukrainian). 5. Velykyi tlumachnyi slovnyk suchasnoi ukrainskoi movy: 250 000 (Busel V ukladach, Perun 2005) (in Ukrainian).
Journal articles 6. Butkevych V, ‘Pravo na zhyttia – osnovopolozhne pravo YeKPL. Stanovlennia ta rozvytok kryteriiv i standartiv yoho zastosuvannia’ [2011] 2 (2) Yevropeiskyi sud z prav liudyny. Sudova praktyka 199–613 (in Ukrainian). 7. Rabinovych P, ‘Pravo liudyny na kompensatsiiu moralnoi shkody’ (2002) 2 Yurydychnyi visnyk Ukrainy 12 (in Ukrainian). 8. Rabinovych P, ‘Iavyshcha prava: potrebova interpretatsiia’ (2019) 6 Pravo Ukrainy 175–83 (in Ukrainian).
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