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Философско-правовая антропология: диалектика homo juridicus
The threat to human existence determines the need for an anthropological turn in the philosophy of law based on a modern interpretation of humanism principles. Perhaps in the very nature of homo there is a drive towards self-destruction, and the relatively short historical cultivation of homo juridicus, as an ideal legal subject which follows the law and respects the rights of others, could not put obstacles to the tendency.
The aim of the study is to identify a genuine, i.e. preserving the identity of a human being, synthesis harmonizing the dialectics of alternative philosophical and legal views on his legal nature. The dialectic of homo juridicus is recognized through the solution of the problems outlined in the alternative answers to the questions: what is the disclosure of the nature of a human being as a legal phenomenon in the interpretation of religious-philosophical traditionalism (thesis); from the position of socio-philosophical scientism (antithesis); from the point of view of socio-cultural relativism (false synthesis).
The research methodology includes generalization of views on the legal nature of man; abstraction from the diversity of legal statuses of subjects of legal relations; idealization of “legal man” as a philosophical and legal image and others. The dialectic of homo juridicus within the framework of alternative philosophical and legal approaches to understanding its nature is revealed through: the pursuit of the metaphysical (idealistic trends of jurisprudence); the appeal to rational knowledge within the framework of scientism (positivist-sociological theories of law); the context of relativistic disillusionment with the otherworldly and the empirical (legal postmodernism).
The dialectic of homo juridicus indicates the dynamic stability of its legal nature; the transformation/evolution of dimensions and characteristics of the human as a legal phenomenon prove his adaptability to the increasingly complex world, which requires not shaky relativism, but beneficial harmonization — a true synthesis embodying the principles of modern humanism - the transcendent (ideal) and this-worldly (material) in the nature of homo juridicus. True harmonization does not deny the innate legal characteristics of man, creatively developing the rational rules of his being (positive law) while striving for the metaphysical (legal ideal), its prerequisite is the preservation of homo and its uniqueness in future generations.