Meta-Anthropological Methodology in the Establishment and Development of International Law

Abstract. Meta-anthropological methodology expands the boundaries of the traditional understanding of law, including philosophical, cultural and anthropological aspects, which is important for solving modern problems of international law, such as the protection of human rights, conflicts of cultures, migration, environmental issues and global security issues. The scientific innovation consists in the integration of meta-anthropological methodology into the theory of international law. The article analyzes its influence on the formation of modern law and offers new approaches to solving international legal conflicts. A new view of law as a multi-level and multi-stage system is introduced, which takes into account both positive law, natural law, and anthropological factors in the metaphysical dimension. Metaanthropological methodology is an approach that combines anthropological, philosophical and legal concepts, the purpose of which is to study the metaphysical dimensions of human nature and their impact on legal systems, in particular international law. Such a methodology considers a person as not just a socio-legal unit, but as a being that is simultaneously in the physical and metaphysical spheres, as a physical and spiritual person. Considering transcendentalism, let us emphasize that the existence of metaphysical and spiritual factors influencing legal processes, in particular international law, is recognized. Law not only regulates mutual relations, but also forms spiritual values. Transcendental international law is not the law that has gone beyond the limits of irrationality, but the law that only goes there. Of course, these are rights on the border of rational and irrational, conscious and unconscious, but such a state is necessary to know the real essence of international events. It is impossible to understand international events with a simple, rational mind. Keywords: meta-anthropological methodology; international law; natural law; anthropology; man; values; culture; morality; freedom; philosophy of law.

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Publication Details

Journal
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Published
2024-12-11
DOI
https://doi.org/10.23939/law2024.44.218
Primary Topic
Legal Studies and Reforms
Type
article
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article

Meta-Anthropological Methodology in the Establishment and Development of International Law

Myroslava Sirant
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Legal Studies and Reforms
article

Meta-Anthropological Methodology in the Establishment and Development of International Law

Myroslava Sirant
article en

Abstract

Abstract. Meta-anthropological methodology expands the boundaries of the traditional understanding of law, including philosophical, cultural and anthropological aspects, which is important for solving modern problems of international law, such as the protection of human rights, conflicts of cultures, migration, environmental issues and global security issues. The scientific innovation consists in the integration of meta-anthropological methodology into the theory of international law. The article analyzes its influence on the formation of modern law and offers new approaches to solving international legal conflicts. A new view of law as a multi-level and multi-stage system is introduced, which takes into account both positive law, natural law, and anthropological factors in the metaphysical dimension. Metaanthropological methodology is an approach that combines anthropological, philosophical and legal concepts, the purpose of which is to study the metaphysical dimensions of human nature and their impact on legal systems, in particular international law. Such a methodology considers a person as not just a socio-legal unit, but as a being that is simultaneously in the physical and metaphysical spheres, as a physical and spiritual person. Considering transcendentalism, let us emphasize that the existence of metaphysical and spiritual factors influencing legal processes, in particular international law, is recognized. Law not only regulates mutual relations, but also forms spiritual values. Transcendental international law is not the law that has gone beyond the limits of irrationality, but the law that only goes there. Of course, these are rights on the border of rational and irrational, conscious and unconscious, but such a state is necessary to know the real essence of international events. It is impossible to understand international events with a simple, rational mind. Keywords: meta-anthropological methodology; international law; natural law; anthropology; man; values; culture; morality; freedom; philosophy of law.

Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni naukiVol. 11(44)
Peace, Justice and strong institutions
Openalex Percentile: Top 63%
Legal Studies and Reforms
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