REVISITING THE INTERINFLUENCE OF HUMAN NEEDS, HUMAN RIGHTS AND POSITIVE LAW IN THE SECOND HALF OF THE ХХ – EARLY ХХІ CENTURIES
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 2, Issue 4
Abstract
In this article there are displayed the scientific researches of the second half of 20th – beginning of 21th century of the problem of interinfluence of human rights, their needs and positive law. It is stressed that the latest social and legal philosophy develops under the sign of crisis of classical rationalism, which reflected on the research of given issue. Need and anthroposocial approaches to the understanding of given issues are shown. According to the required approach, the essence of social phenomenon is in those useful their sides, which can be used by the individual and society to meet their needs. According to anthroposocial approach, law can be defined as a natural way to distribute by the society the human-made socially useful product into two unequal parts, designed to meet individual’s private and public needs.
Authors and Affiliations
Anna Nakonechna
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