Pukhovska A. C. Philosophical-anthropological approash the study of human rights: the emergence and importance
The article discusses the philosophical-anthropological approach to human rights. Using this approach, shows the value of all human beings as members of a single species. The analysis of certain aspects of the relation of human rights in terms of: the dignity of conscience and morality. And formulates the role of the author’s vision of moral norms in the plane of human rights.
In modern terms of human rights research science requires the use of different methods that complement each other can get deeper and comprehensive knowledge of such a complex and multifaceted phenomenon as human rights. Relevance of the article due to the fact that under the proposed philosophical-anthropological approach it is possible to consider more specifically the nature of man as an autonomous, embodied individual endowed with special properties common to all members of the human race through her social feelings, motives, needs, goals, existence in the legal field as well as human rights, to investigate fully human problems in all their diversity. The basis of philosophical and anthropological approach relies researcher belief in the value of all human beings as members of a single species. Using this approach indicates that a person becomes an object that determines the nature of the study and at the same time is the purpose of the latter. In addition, its rights and freedoms as an essential attribute of man created opportunities for consolidation as a determinant of values of social development. The purpose of this paper is to analyze human rights in philosophical and anthropological aspects and determining the value of man and his rights through categories such as dignity, conscience and morality. In addition, the significant body of anthropological and legal issues remain unexplored, and a number of proposed concepts – debatable. Problem anthropological law, having its own history, is of particular interest in the present conditions in connection with development in our country of the democratic state and formation of civil society, the development of all forms of democracy. It is real and guaranteed political, economic and individual rights and freedoms constitute the foundation of modern legal anthropology and promote comprehensive, harmonious, free development and improvement of the person shall provide quality, good life. Ukrainian researcher VS Begun believes that a fundamental paradigm of legal anthropology was a “anthropo-ethnic paradigm”. At its core, and hence the basis of legal anthropology, based on two ideas about man, which form an idea of it: 1) as a single (independent) individual (“Anthropos” – people); 2) as an element of integrity, plural (“ethnic group” – people, stable social group). It is believed that anthropology word comes from the Greek word anthropos – man and logos – word, teaching, and the first time he used Aristotle – to refer to the study of the spiritual man. According to anthropological approach human rights are defined as part of identity: the idea of man’s dignity, conscience, morality, their needs, interests, claims, subjective internal capabilities to implement them.
Anthropological approach to the analysis of the concept of “human rights” suggests, if the ideaof human rights in the emerging identity, it is the most important factor in the level of legal culture, rule of law and the rule of law. In the current study, there are several views of the anthropological approach. The most appropriate, in our view, is justified by the Academic Ukrainian AF Jumper that says: “The key methodological approach to all state-legal phenomena is an anthropological approach, according to which man as a biosocial individual is” the measure of all things “, including state-legal phenomena. This approach puts people at the center of legal reality and examines its role in creating this reality, where the life within it, the mutual influence (including destructive) rights and legal reality. “Thus, human rights – reflect the free will of man, that is, its ability to consciously, voluntarily and independently choose a version of behaviors, activities – both intellectual, mental and physical. In other words, a person must be relatively free of the will of the State or other public entities of public life.
Thus, summarizing the above, we note that the use of philosophical and anthropological research approach aims at forming and strengthening understanding of the state and carried her legal regulation as instruments to ensure conditions for the realization and protection of human rights. This methodological approach allows for human rights, in particular, to prove their essence, based on the nature of man, described the latest images of the right to formulate a general concept of human rights, prove the relationship between the interpretation of human rights, defining their limits and understanding pravonosiya chosen concept, it needs and interests.
Key words: human rights, the philosophical-anthropological approach, dignity, conscience, morality.