Authors |
Elena A. Kapitonova, Candidate of juridical sciences, associate professor of the sub-department of criminal law, Penza State University (40 Krasnaya street, Penza, Russia) e-kapitonova@yandex.ru
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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 insociety, 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 therights and freedoms of a particular person, through which his lawful behavior is guaranteed.
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References |
1. Postman N. Technopoly: The Surrender of Culture to Technology. New York: Vintage, 1993:240.
2. Toor A. Transgender people no longer required to undergo sterilization in France. Available at: https://www.theverge.com/2016/10/14/13283086/transgender-law-francesterilization- gender-change (accessed 27.01.2021).
3. Carvalho A.B. “That Third Gender”: New Possible Ways of Being Male and/or Female in a Contemporary Society. Diversities? Inequalities? Challenges in the Construction of an Inclusive Society: 35th APEAA conference. 2014. Available at: https://www.acade mia.edu/9838605/_That_Third_Gender_ New_Possible_Ways_of_Being_Male_and_or_Female_in_a_Contemporary_Society (accessed 27.01.2021).
4. Orentlicher D. Relativism and Religion. Human Rights as Politics and Idolatry. Princeton: Princeton University Press, 2001:141–158.
5. Danieli Y., Stamatopoulou E., Dias C.J., Annan K.A., Robinson M. (eds.). The Universal Declaration of Human Rights: Fifty Years and Beyond. Amityville: Baywood,
1999:488.
6. Borisov P. Vosem' minut, 50 pul'. Kak deystvovala politsiya vo vremya terakta v Londone = Eight minutes, 50 bullets. How the police acted during the terrorist attack in London. (In Russ.). Available at: https://meduza.io/feature/2017/06/05/vosem-minut-50- pul (accessed 27.01.2021).
7. Gutmann A. Introduction. Human Rights as Politics and Idolatry. Princeton: Princeton University Press, 2001:7–28.
8. Ignat'ev M. Prava cheloveka kak politika i kak idolopoklonstvo = Human rights as politics and idolatry. Moscow: NLO, 2001:98. (In Russ.)
9. Laqueur T. The Moral Imagination and Human Rights. Human Rights as Politics and Idolatry. Princeton: Princeton University Press, 2001:127–140.
10. Bard A., Zoderkvist Ya. Netokratiya. Novaya pravyashchaya elita i zhizn' posle kapitalizma = Netocracy. The new ruling elite and life after capitalism. Saint-Petersburg: Stokgol'mskaya shkola ekonomiki v Sankt-Peterburge, 2004:252. (In Russ.)
11. Etzioni A. Cross-Cultural Judgements: The Next Steps. Journal of Social Philosophy. 1997;28(3):5–15.
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