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Title |
Human Rights and Civil Freedoms: Anthropological Approach in the Theory of Law in the Age of Information Technology |
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Author |
Yulia Gavrilova, Navai Dzhafarov, Diana Kondratuk, Tamara Korchagina, Mikhail Ponomarev, and Elizabeth Rozanova |
| Citation |
Vol. 22 No. 11 pp. 199-203 |
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Abstract |
The article aims at studying the institution of human rights and civil freedoms with due regard to the anthropological approach in the theory of law. To the greatest extent, the provisions of non-classical legal science are confirmed in the Anglo-Saxon legal family, which endows the judge with law-making functions. In this regard, the role of a person in the legal sphere is increasing. The main research method was deduction used to study the anthropological approach to the institution of human rights and freedoms. The article also utilizes the inductive method, the method of systematic scientific analysis, comparative legal and historical methods. To solve the task set, the authors considered the legal foundations and features of human rights and freedoms in the modern world. The article proves that the classical legal discourse, represented by various types of interpretation, reduces the rule of law to the analysis of its logical structure and does not answer the questions posed. It is concluded that the prerequisite for the anthropological approach in the theory of law is the use of human-like concepts in modern legislation (guilt, justice, peculiar ferocity, child abuse, willful evasion, conscientiousness). |
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Keywords |
human rights, the protection of rights and freedoms, state control, the separation of powers, the anthropology of law. |
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