Гуманізм як основоположна ідея сучасного правового світогляду

Abstract

У статті висвітлюються питання гуманістичного світогляду. Визначаються шляхи запровадження гуманістичної ідеї у практику функціонування правової системи України.

В статье освещаются вопросы гуманистического мировоззрения. Определяются пути воплощения гуманистической идеи в практику функционирования правовой системы Украины.

The article reveals the concept of humanism as most essential understanding of the law qualities. It is characterized as a general measure of freedom, equality and justice in society. These social values as freedom, equality, and justice are the essence of humanism law. In the modern period the problems of humanity is addressed to objective need of present stage of jurisprudence development. From the standpoint of historical approach the humanism, as a system of views onto role of individual in society, as a philosophical doctrine emerged in the Renaissance epoch. It embryos as the primary idea of the individual value and can be observed at the culture of ancient societies. Since the Renaissance humanism has formed two different trends. The first embodied in humanistic views of progressive bourgeois of XVII — XIX centuries. Second was in the ideology of national liberal movement and the teachings of utopian socialists. Humanism ideas were developed in the works of Marxism and later in books of Socialists. The humanism is considered in the context on «objectively existing relations» man-society». Social development period of the twentieth century caused the need to think about the prospects for human development and therefore greater interest to appeal the problems of humanity to anticipate opportunities out of crises that threaten the normal development of society. Modern political scientists, philosophy, legal theory, industry experts are also working on these issues, taking into account both historical aspects and European integration. In this regard, in scientific terminology as follows: «humanitarian policy», «humanitarian issues of national security», «international humanitarian law», «humanitarian aid», «humanitarian activities», «humanitarian society», «humanitarian Education», «humanistic way of life», «legal humanism», «humanistic constitution», «humanistic movement». The article stresses man-model legislation provides that the rights, freedoms and interests is the main criteria for determining the quality of legislation. Rule statute can not limit the freedom of man outside unless it is necessary to ensure the freedom of others. Otherwise, this provision recognizes as unfair and therefore unlawful. Current law allows the methodology to consider humanism in law: a fundamental idea of legal philosophy based on ideals of liberty, equality and justice that are the essence of humanism as a defining principle of law, under which a person is recognized as the highest value, purpose, and never as means, as real state relations, built on a balance of interests and equality. It is impossible to external compulsion against a particular law of freedom. As the phenomenon of cultural life the humanity in each country has its particular manifestations, methods of implementation, always has concrete historical content. At the same time, humanism is a measure of civilized man and society, permeates all spheres of human life, as universal as universal values. Humanization of social life can occur in various areas of public policy, including through legal transformation-oriented human rights that are not only social and legal value, but the obstacle to arbitrary interference in the sphere of individual freedom, mechanism of realization of human capabilities. Recognition of the fundamental idea of humanism include: the improvement of national legislation to bring it into line with European standards of human rights, improve the legal culture, a system of guarantees of the independence of justice, improve the effectiveness of human rights institutions.