全球化空间中的人权:自然和法律层面

A. Romanova
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引用次数: 0

摘要

文章专门探讨了全球化空间中人权的自然和法律维度的哲学和法律问题,包括在国际法律空间中保留和体现国家法律制度的宝贵方面。强调在将自然法规范落实到国家立法的国际经验基础上,值得形成对以人为本和法律人性化原则的概念性构想和理解,因为自然法的 "基础 "是任何法律现象所固有的。人本主义、人类中心主义、尊重法律、优先保障和实现人权应成为全球化法律空间的基础。人们注意到,法律的全球化进程应着眼于在各国法律制度中落实普遍价值原则和理想,并以对这些原则和理想的共同认可为基础。当然,任何文明国家都不会否认人的生命、自由和人的尊严的价值。需要强调的是,法律全球化进程的发展方向必须是实现能够团结人类的价值方面,特别是在社会发展的危机时期。在俄罗斯对乌克兰的战争中,自然和法律规范在确保社会生命活动方面的重要性得到了体现。在戒严期间,人权可以在法律上受到限制,但自然权利是跨国性的,并在人道、互助和仁慈原则的基础上得到保障。重点关注的是,国家必须通过授权机构的活动,以及通过向公民宣传其权利和自由以及国家提供这些权利和自由的重要性,来监督人权的遵守情况,而且每个公民都必须尊重他人的权利,以此作为宽容共处和合法民主社会运作的保障。
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Human rights in the globalized space: natural and legal dimension
The article is devoted to the philosophical and legal problems of the natural and legal dimension of human rights in the globalized space, which consists in preserving and embodying the valuable aspects of national legal systems in the international legal space. It is emphasized that based on the international experience of implementing the norms of natural law into national legislation, it is worth forming a conceptual vision and understanding of the principle of people-centeredness and humanization of law, because the natural-law "basis" is inherent in any legal phenomenon. Humanism, anthropocentrism, respect for law, the priority of ensuring and realizing human rights should become the basis of a globalized legal space. It is noted that globalization processes in law should be directed to the implementation of universal value principles and ideals in national legal systems on the basis of their common recognition. National mentality and cultural traditions play an important role in this process, although, of course, no civilized state will deny the value of human life, freedom and human dignity. It is emphasized that the vector of the development of globalization processes in law must be directed to the actualization of value aspects capable of uniting humanity, especially in crisis periods of the development of society. During Russia's war against Ukraine, the importance of natural and legal norms in ensuring the vital activity of society is manifested. During martial law, human rights can legally be limited, but natural rights are transnational and are ensured on the basis of the principle of humanity, mutual aid and mercy. Attention is focused on the fact that the state must monitor the observance of human rights through the activities of authorized bodies, as well as through informing citizens about their rights and freedoms and the importance of their provision not only by the state, but also the need for every citizen to respect the rights of another person as a guarantee of tolerant coexistence and functioning of a legal, democratic society.
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