Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


The legal value of man in the context of the natural-legal concept of legal understanding

Author(s): Svitlana Bobrovnyk, Andrii Novytskyi`, Serhii Kudin, Dmytro Shevchenko, Svitlana Serohina, Serhii Boldyriev, Tatyana Steshenko

The article examines the content of the legal value of man in the context of the natural-legal concept of legal understanding. It is justified that knowledge of the legal value of a person within the natural and legal type of legal understanding is important for defining and consolidating the true criteria of normativity in law, implementing an effective process of its implementation in the system of public relations, building the legal state, protection of human and civil rights and freedoms. It is proved that in the theological theory of natural law, the role of man is characterized by the fact that he acts as a passive executor of another's will, which leads to the possibility of any manipulation, directing human behaviour in one direction or another, neglecting his own interests. It turned out that the essence of the objectivist kind of theory of natural law, manifested in the fact that the image of law is associated with legal consciousness and is reflected in the active, creative human activity, based on the principles of freedom inherent in man from birth, depriving him of obedience to the law as an ideal normative-value model of behaviour, which may not correspond to the values of a natural character. It is established that within the modern theory of natural law, natural and legal views are combined with historical and sociological study of legal ideals, which leads to the expansion of the list of natural rights and the inclusion of not only inalienable human rights, but also a number of social, economic, political and of another nature, which contributes to the strengthening of human activity in order to implement and protect its needs and interests.

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