Известия высших учебных заведений. Поволжский регион: Общественные науки (Aug 2021)
The human place in the public legal space in the context of the anthropocentrism crisis
Abstract
Background. The development of science makes it necessary to clarify a number of important legal theories that interpret the legal position of the individual in society. A brief analysis of the main directions of changing the interpretation of the concept of the subject of law leads to the conclusion that the field of jurisprudence is expanding and becoming more complex due to the need to correlate with modern ethical views. The purpose of the research is to study the current trend of critical perception of anthropocentrism in legal science and to propose an alternative paradigm for the perception of a human place in the public legal space. Materials and methods. The subject of the study is the works of foreign researchers, the content of which is associated with attempts to rethink the generally accepted doctrine of anthropocentrism in law, as well as social phenomena that confirm the need to rethink the vector of analysis of the legal status of the individual in society. In the course of the study, we used the formal legal method, the method of system analysis, as well as a wide range of general scientific methods that allow us to generalize the studied information and build our own conclusions based on it. Results. The article reviews the opinions of foreign scientists on the need to change the paradigm of perception of the human rights concept that dominates in legal science. Examples of the vulnerability of anthropocentrism as the dominant legal ideology are given. It is concluded that there is an urgent need for the formation of new conceptual doctrines to describe the processes emerging in society, so that they more fully meet the requirements of modern reality and balance the human rights idea with the requirements of legislation. The theoretical provisions given in the article can be used in further scientific research, as well as in the learning process. Conclusions. As a result of the conducted research, the author’s proposal was made to introduce a new term “legal modus of the individual” into the categorical apparatus of jurisprudence, meaning a combination of the duties, responsibilities and restrictions of the rights and freedoms of a particular person, through which his lawful behavior is guaranteed.
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