Humanistic foundations of the legal system: dialectics of theory and practice in the conditions of modern challenges

The article is devoted to the study of the principle of humanism as the fundamental basis of the modern legal state. The author examines the historical development of the concept of humanism from the ideas of ancient philosophers to modern concepts of human rights, emphasizing its key role in the formation of the legal system and state policy. The work analyzes the concept of «principle» and its meaning in the legal context. The author emphasizes the systematic nature of the principles of law, their interrelation and hierarchy, which is critically important for understanding their role in the formation and functioning of the legal system. Special attention is paid to the principle of humanism as a cross-cutting element of the legal system. Its key aspects are considered: recognition of the inherent value of each person, respect for human dignity, provision of conditions for the realization of rights and freedoms, striving for the common good. The author emphasizes that humanism in law is not only an ethical ideal, but also a practical guideline for law-making and law enforcement. The article also examines certain aspects of the dialectical opposition between humanism and anti­humanism, which allows for a deeper understanding of the dynamic nature of humanistic principles and their role in the development of the rule of law. The author emphasizes the need for constant critical review of existing norms and institutions for their compliance with humanistic ideals. An important aspect of the research is consideration of the relationship between the level of moral maturity of society and the implementation of the principle of humanism. The author claims that in a morally developed society, respect for the rights and freedoms of the individual becomes an organic component of everyday life, which creates a harmonious coexistence of ethical principles and legal norms. In the conclusions, the author emphasizes the need not only for formal enshrining of humanistic principles in legislation, but also for their practical implementation in all spheres of social life. This requires constant improvement of the legal system and state administration in order to maximally satisfy the needs and interests of citizens, which is a key feature of a truly legal and democratic state.

Authors

Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2024-10-12
DOI
https://doi.org/10.24144/2788-6018.2024.05.143
Primary Topic
Security, Politics, and Digital Transformation
Type
article
Field-Weighted Citation Impact
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article

Humanistic foundations of the legal system: dialectics of theory and practice in the conditions of modern challenges

D.M. Byelov, M. V. Bіelova
Analytical and Comparative Jurisprudence
Security, Politics, and Digital Transformation
article

Humanistic foundations of the legal system: dialectics of theory and practice in the conditions of modern challenges

D.M. Byelov, M. V. Bіelova
article en

Abstract

The article is devoted to the study of the principle of humanism as the fundamental basis of the modern legal state. The author examines the historical development of the concept of humanism from the ideas of ancient philosophers to modern concepts of human rights, emphasizing its key role in the formation of the legal system and state policy. The work analyzes the concept of «principle» and its meaning in the legal context. The author emphasizes the systematic nature of the principles of law, their interrelation and hierarchy, which is critically important for understanding their role in the formation and functioning of the legal system. Special attention is paid to the principle of humanism as a cross-cutting element of the legal system. Its key aspects are considered: recognition of the inherent value of each person, respect for human dignity, provision of conditions for the realization of rights and freedoms, striving for the common good. The author emphasizes that humanism in law is not only an ethical ideal, but also a practical guideline for law-making and law enforcement. The article also examines certain aspects of the dialectical opposition between humanism and anti­humanism, which allows for a deeper understanding of the dynamic nature of humanistic principles and their role in the development of the rule of law. The author emphasizes the need for constant critical review of existing norms and institutions for their compliance with humanistic ideals. An important aspect of the research is consideration of the relationship between the level of moral maturity of society and the implementation of the principle of humanism. The author claims that in a morally developed society, respect for the rights and freedoms of the individual becomes an organic component of everyday life, which creates a harmonious coexistence of ethical principles and legal norms. In the conclusions, the author emphasizes the need not only for formal enshrining of humanistic principles in legislation, but also for their practical implementation in all spheres of social life. This requires constant improvement of the legal system and state administration in order to maximally satisfy the needs and interests of citizens, which is a key feature of a truly legal and democratic state.

Analytical and Comparative Jurisprudence(5)
Peace, Justice and strong institutions
Openalex Percentile: Top 72%
Security, Politics, and Digital Transformation
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