| Article | Human-Centered Approach as a Methodological Basis of Scientifi Researches in Jurisprudence |
|---|---|
| Authors | Shafirov V. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 1 / 2014 |
| Pages | 148 - 155 |
| Annotation | Human-centered approach is used for analysis of different legal concepts based on law and related legal concepts. Binary nature of law is discovered, i. e., including two components: natural origin (nature of individual) and positive origin (political nature). Generic notion of «norm of law» is covered. It should be formed if there are two independent rules: norm of suggestion and norm of prescription. The author substantiates the necessity to consider a subjective aspect of lawful behavior at all stages of work of the legal regulation mechanism. Viewpoint on preference to proceed from sense of law when considering the case both in the situations regulated by concrete norms (including similar ones), and in the situations unregulated by them, is presented. The author weighs in with an argument that only existence of conditions of lawfulness in the society can lead to law and order. Principles, stated in the article, approved the conclusion about importance of considering jurisprudential conceptual apparatus in general through the prism of human measure. Only then humanistic conception of law will find development and will be essential both in theory and practice. |
| Keywords | nature and evolution of law, rights and freedoms, norm of law, subjective aspect of legitimate behavior, application of law, lawfulness, law and order, illegitimacy. |
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