Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Publicación cientíca en formato digital
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185
Depósito legal pp 197402ZU34
ppi 201502ZU4645
Vol.40 N° 74
2022
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
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avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
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Vol. 40, Nº 74 (2022), 975-988
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 21/06/22 Aceptado el 28/09/22
The Value of Man in the Positivity Type
of Understanding Law
DOI: https://doi.org/10.46398/cuestpol.4074.54
Anatoliy Shevchenko *
Andrii Voitseshchuk **
Olena Zhydovtseva ***
Serhii Kudin ****
Andrii Boichuk *****
Alyona Shevtsova ******
Abstract
The purpose of the article was to clarify the essence of
human value in the positivist type of legal understanding. To
achieve the objectives of the publication, such methods were
used as: philosophical dialectics, analysis, synthesis, functional,
axiological, historical, special legal. As a result of the study it
was concluded that the essence of human value in normative
jurisprudence is due to the need to know the law and the need to realize
the interests and needs of man by law. It was also argued that the basis of
«humanistic» positive law should be natural law, which meets the need for
its humanization, recognition and real process of realization of individual
rights. The authors found that the knowledge of the essence of human
value in the framework of positive law is possible only with the study of
the theoretical foundations of normativism, identifying both positive and
negative characteristics. It is concluded that it is proved that the use of
general principles of law in the process of functioning of the legal system
is an indicator of a high level of legal awareness of persons whose activities
are related to law enforcement.
Keywords: natural law; human dignity; intrinsic value of the person;
legal philosophy; legal positivism.
* Doctor in Law, Professor, Head of the Department of Theoretical and Legal Disciplines of the State Tax
University, Irpin, Ukraine. ORCID ID: http://orcid.org/0000-0003-2663-9892
** Doctor of Science, Economics, Associate Professor, professor of the Department of Public Management
and Administration of Leonid Yuzkov Khmelnytskyi University of Management and Law, Khmelnytskyi,
Ukraine. ORCID ID: https://orcid.org/0000-0002-0458-1581
*** Postgraduate student of the Department of Theoretical and Legal Disciplines of the State Tax University,
Irpin, Ukraine. ORCID ID: https://orcid.org/0000-0002-7547-5823
**** Doctor in Law, Full Professor, Professor of the Department of Theoretical and Legal Disciplines of the
State Tax University, Irpin, Ukraine. ORCID ID: https://orcid.org/0000-0003-1396-3212
****** Doctor in Law, Associate Professor, Professor of Forensic Medicine, Odesa National Medical
University, Odesa, Ukraine. ORCID ID: http://orcid.org/0000-0001-5593-7878
****** Postgraduate student of the Department of State and Legal Disciplines High Educational Institution
«University of Economics and Law «KROK», Ukraine. ORCID ID: https://orcid.org/0000-0001-
9018-4656
976
Anatoliy Shevchenko, Andrii Voitseshchuk, Olena Zhydovtseva, Serhii Kudin, Andrii Boichuk y
Alyona Shevtsova
The Value of Man in the Positivity Type of Understanding Law
El valor de la persona en un tipo positivo de
comprensión del derecho
Resumen
El propósito del artículo fue esclarecer la esencia del valor humano
en el tipo positivista de entendimiento jurídico. Para lograr los objetivos
de la publicación, se utilizaron métodos tales como: dialéctica losóca,
análisis, síntesis, funcional, axiológico, histórico, jurídico especial. Como
resultado del estudio se concluyó que la esencia del valor humano en la
jurisprudencia normativa se debe a la necesidad de conocer el derecho y la
necesidad de realizar los intereses y necesidades del hombre por el derecho.
También se argumentó que la base del derecho positivo “humanista” debe
ser el derecho natural, que responde a la necesidad de su humanización,
reconocimiento y proceso real de realización de los derechos individuales.
Los autores encontraron que el conocimiento de la esencia del valor
humano en el marco del derecho positivo solo es posible con el estudio de
los fundamentos teóricos del normativismo, identicando características
tanto positivas como negativas. Se concluye que está comprobado que el
uso de los principios generales del derecho en el proceso de funcionamiento
del sistema jurídico es un indicador de un alto nivel de conciencia jurídica
de las personas cuyas actividades están relacionadas con la aplicación de la
ley.
Palabras clave: derecho natural; dignidad humana; valor intrínseco de
la persona; losofía jurídica; positivismo jurídico.
Introduction
In the development of modern science, which studies the problems of
man, his place and role in the multifaceted processes of public life, one of
the most important areas of scientic knowledge is to study the essential
characteristics of human legal value within the basic levels of law.
Based on the depth of the ages, the problem of understanding the law,
the role of man in relation to law and law in relation to man does not lose
its relevance in our time.
Any historical period brought its vision into the eld of knowledge about
man and law, and this was emphasized by the presence of various factors.
However, centuries of historical experience, the accumulated system of
philosophical knowledge, which is permeated with various ideas, principles,
etc., do not give us a clear answer to the question of what is a right. It follows
that the awareness of law is directly dependent on the position chosen by a
person who wants to know the phenomenon of law.
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As you know, for a long historical time mankind has been interested in
the values of eternal nature, which are inseparable from man and his life.
This inuenced the fact that in dierent historical periods the process of
establishing these values took place taking into account certain changes in
the genesis of certain states.
It is worth noting that the law, being inextricably linked to the specic
conditions of society, is not in a static state. This is expressed in the fact
that, above all, eternal values under the inuence of various factors change
their meaning. This provision is important for clarifying the importance of
law for man and the value of man in relation to law.
These problems are of particular importance in the framework of
the complication of the role of civil society and the strengthening of its
inuence on the development of law-making and state-making. This is
especially important at the beginning of the 21st century in connection with
the processes of globalization and anti-globalization, local world wars, and
environmental problems facing humanity.
According to N.M. Onishchenko and N.M. Parkhomenko, “it is desirable
to dene a person not only as a person with consumer interests, but as an
individual with certain unique features, whose potential can be realized only
in the appropriate cultural and civilizational environment” (Onishchenko
et al., 2011: 41).
According to R.M. Minchenko:
It is necessary to make the direction of elimination of social apathy, civil
impartiality, amorphousness of people’s thinking and actions, activation of their
initiative, as well as social and legal armation of the individual who can use
his rights, protect them through state bodies, authorities, management, court
(Minchenko, 2008: 126).
In the scientic literature today, the idea of qualitatively new human
capabilities in global world processes is quite relevant. In particular,
according to V.V. Mykhieiev, developed the concept of “international man”
– “a new type of people who think in world terms, not limited to the interests
of their villages, countries, regions, and who have a desire for mutual unity
and unity” (Mykhieiev, 1999: 213).
1. Methodology of the study
The research method used the method of philosophical dialectics, as
well as a number of general and special scientic methods. The method
of philosophical dialectics was aimed at proving the regularity of gradual
change in the understanding of the essence of human legal value in
normative jurisprudence, elucidating the causal links between modern
978
Anatoliy Shevchenko, Andrii Voitseshchuk, Olena Zhydovtseva, Serhii Kudin, Andrii Boichuk y
Alyona Shevtsova
The Value of Man in the Positivity Type of Understanding Law
interpretation of human legal value and humanization of law. The method
of analysis allowed to highlight the specics of the interpretation of the
legal value of man in the positivist type of legal understanding, to give it a
description, to clarify the features and basic features.
Their synthesis made it possible to give the concept of “human legal
value” a holistic image, to nd out that the modern understanding of human
legal value is integral, which includes such features as self-determination,
value orientation, eectiveness and responsibility. The application of the
system method made it possible to determine the legal value of man as
a phenomenon of the system order. The latter is also a system that has a
holistic nature, a dynamic nature, which is based on human rights and
freedoms, its needs and legitimate interests.
Based on the use of the functional method, the place, signicance, role of
a person and his purpose were determined depending on the peculiarities
of the content of the normative understanding of the essence of law. The
application of the axiological method made it possible to conclude that the
legal value of man is based primarily on his awareness of the importance of
natural and legal values and, secondly, the need to reect them in positive
law. The hermeneutic method allowed to interpret the works of scholars who
contain research on the legal value of man in the context of the positivist
type of understanding of law, objectively and critically evaluate the various
denitions of this concept.
The historical method was aimed at understanding the historical
process of the genesis of awareness of the legal value of man. The authors
of this publication have established that the essence of the legal value of
man in normative jurisprudence is due to the need for knowledge of law
and the need to realize within its interests and human needs. The use of a
special legal method made it possible to investigate the interpretation of the
content of human legal value using legal terminology.
2. Analysis of recent research
A limited number of scientic works are devoted to the study of human
value in positivist jurisprudence. This is a clear conrmation that the
research topic is new and relevant enough to conduct scientic research in
this area.
Problems of solving the search for an individual in a positivist type of
legal understanding were studied Minchenko, 2008, Mykhieiev, 1999.
Issues of humanization of law and understanding of the legal value of man
in normativism were raised in the works of domestic scholars (Onishchenko
et al., 2011; Shevchenko et al., 2020; Shevchenko et al., 2020). A number
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of works by scholars have been devoted to the legal status of man and
citizen in normative jurisprudence (Hart, 1985; Dworkin, 1977; Ilin, 1993;
Kozlovskyi, 2005; Koziubra, 2013).
In addition, the literature review is devoted to an important series of
works, which explored the problems of interpretation of individual rights
in the normative concept of law (Bergel, 1985; Brugger, 1995; Bobrovnyk et
al., 2022). The works of a number of scholars are devoted to the problems
of the ratio of human legal value in positivist and integral concepts of legal
understanding (Kozlovskyi, 2005; Pohrebniak, 2008; Poliakov, 2004;
Shevchenko et al., 2020).
3. Results and Discussion
3.1. Problems of humanization of positive law
Given the fact that at the beginning of the XXI century there is a mass
violation of human rights both at the level of functioning of non-democratic
countries and in the system of interstate relations, this issue remains
relevant today, which requires further eorts to study it by philosophers
and lawyers, sociologists, psychologists, etc.
“A positive phenomenon in the functioning of the theory of state and
law is that it has lost its political color and acquired status of science”
(Shevchenko et al, 2021: 12).
It should be taken into account that the axiology of a person is reected
in the right cognition of a person and the right realization of a person in the
right based on the right determined by the human dimension. Therefore, it
should be used in the process of researching the legal value of a person in
positivist jurisprudence due to the need to axiologize normative law.
Humanism of law consists in ensuring and guaranteeing the real process
of realization of natural human rights. It is worth noting that with the help
of normative consolidation of natural human rights, positive law is lled
with universal content, its humanization. Humanization means the axiology
of the process (in the sense of giving a person social and legal value) and
anthologizing (it is assumed that a person has a sucient list of rights and
freedoms). In general, the features of a person are dened as a biological
but socialized being, in the philosophical aspect, he achieves the goal of his
life activity - the acquisition of an ideal creature.
“Today, the constitutional consolidation of human rights and freedoms
as the highest value and their compliance with international law is one of
the important features of a democratic state” (Shevchenko et al, 2020:
143). However, human existence is characterized not only by the natural
980
Anatoliy Shevchenko, Andrii Voitseshchuk, Olena Zhydovtseva, Serhii Kudin, Andrii Boichuk y
Alyona Shevtsova
The Value of Man in the Positivity Type of Understanding Law
aspect, but also includes psychological and social conditions that aect the
“modelling” of law, giving it a humanistic or anti-humanistic direction.
In this context, it should be noted that in the emergence of objective law,
subjective factors play an important role: emotions, moods, experiences,
attitudes to law and the existing legal reality of those who participate in
law-making.
It is obvious that for the positive inuence of man on the process of
law-making it is necessary to have a qualitatively full-edged personality,
i.e., one that would be the bearer of cultural values. As N.M. Onishchenko
rightly points out, a cultured person is a personality who has such traits as
responsibility for the harmony of life, moral and metaphysical intuition,
the ability to perceive what is useful for their society and so on. “Such
people strive for Beauty, Truth, Justice, Harmony, Order and Acceptance”
(Onishchenko, 2008: 213).
Note that having the appropriate value potential, a person is able to be a
participant in the relationships that develop in society. It is worth agreeing
with a number of scholars that the existence of a value individual requires
various spheres of human life and the law itself, which must be considered
in inseparable connection with it.
The level of awareness of the value of law, the eective process of law-
making and the application of legal norms - all these are indicators of interest
of various actors, the right to implement it in the system of public relations
(Shevchenko etal., 2020). In this regard, issues of particular importance
are related to the formation of a highly spiritual, educated and harmonious
individual, able to form a positive humanistic direction in order to protect
the interests of man and civil society.
The source of human rights is man himself, his needs and interests,
his way of existence and progress Since natural law does not require any
normative consolidation and reection for its existence, it does not depend
on the will of the state. But the above does not mean that there is no
connection between natural and positive law.
That is why they must be considered inseparable, unthinkable without
each other. Normative law should be evaluated as one of the resources of
law as a whole, a necessary element of which should be its complexity of
nature.
In principle, the basic normatism is possible, but it is possible to trace
a number of its inherent features, namely: the positivity of law consists in
the fact that it arises as a result of the will of the state and nds its reection
in various forms of law; the right is considered as an order subject to
mandatory execution; law is a tool of the state to solve various social issues;
the value of law derives from the value of the state, and its emergence is
considered as a function of the state, the result of the will of the state and the
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functioning of the state power, which enforces legality in society; positivism
directs a person to law-abiding behavior, making it impossible to criticize
the existing legal order.
The well-known modern theorist of positive law G. Hart recognizes that
the contribution of J. Austin to the development of a system of views on the
understanding of law is that it is quite important to distinguish between
positive law and morality. According to G. Hart, J. Austin not only laid the
foundation of the science of law, but also freed the concept of law from a
number of disastrous consequences to which it led. Positive laws, according
to G. Hart, must have legal force, and at the same time the law can be unfair.
He noted that the law as such can be immoral, and in this case, it will be our
moral duty not to obey it (Hart, 2005).
Unfortunately, anti-democratic state-legal regimes orient a person to
obedient behavior, legislative positivism draws attention to the agreement
of society and the state. The opinion is expressed that law includes two
components: natural and positive law, the dominant element of which is
natural law, since it establishes its own laws and rules.
The task before a person is to identify these laws and turn them into
rules of their activity, into norms of behaviour. In this way, the rules of
existence become the rules of man. “And those norms that contradict the
laws of existence are destroyed by being” (Kozlovskyi, 2005: 36). It is worth
agreeing with the opinion of I.A. Ilin:
that the main task of positive law is to accept the content of natural law, to
develop it in the form of a series of rules of external behaviour, adapted to the
conditions of life and the needs of this time, to give these rules meaningful form and
vocabulary in the consciousness and will of the people as the dominant command”.
“Positive law is an appropriate form of maintaining natural law (Ilin, 1993: 137).
We believe that with such a set of features inherent in legal positivism,
a number of questions arise, namely: is such a right capable of protecting
a person?
Problems of the relationship between law and legislation become very
dangerous in extreme cases of legal positivism. When distinguishing
between legislation and law, it should be remembered that legislation is a
form of law. It will be considered identical to the law only when it is fair and
excludes any arbitrary prescription or claim. This is particularly important
in the context of recognizing the need to limit public and administrative
interference in the lives of individuals and civil society.
It should be noted that the modern legal practice of most countries
mostly lags behind the existing views in science. Evidence of this is the
reluctance of the subjects of law to resolve specic life situations, guided
primarily not by the letter of the legislation, but by the humanistic spirit of
law.
982
Anatoliy Shevchenko, Andrii Voitseshchuk, Olena Zhydovtseva, Serhii Kudin, Andrii Boichuk y
Alyona Shevtsova
The Value of Man in the Positivity Type of Understanding Law
The future development of universal principles of law should take place
at the regional, continental levels and in the middle of the state. Only
then can we talk about the eectiveness of legislation and its impact on
the genesis of the state’s legal system. Recognizing the signicant role of
general theoretical legal science in the study of the principles of law, we
note that the real process of resolving specic life situations often occurs by
neglecting the humanistic spirit of law.
For example, in the modern conditions of human existence, the problem
related to the implementation of a number of basic provisions is becoming
more acute, namely: observance of human rights and freedoms; territorial
integrity of states; equality of peoples. Normative activity, especially the
law-making process, depends on the interests of the authorities, leaving
aside the problems of ordinary citizens. In this context, it is very important
to note the axiological and anthropological aspects: the legislation of any
state should be aimed at ensuring the social and legal value of a person,
and taking into account the rights, freedoms and legitimate interests of a
person.
3.2. The role of the principles of law in the context of regulating
social relations
It is worth noting that a number of scientists objectively studied the
principles of law and determined the direction of the armation of natural-
law ideas. Scientic developments of scientists who emphasized the need to
use progressive ideas of natural law in the formation of the constitutional
and legal framework and take into account the principles of law in the
modernization of the legal system of society deserve special attention
(Koziubra, 2013; Pohrebniak, 2008).
In this context, it is worth noting that natural law is reected not only
in the Constitutions of the countries of the world or their legislation, it
encompasses the worldview of citizens of dierent countries in philosophical
and theoretical-legal dimensions, and is the basis for solving many modern
problems.
It is worth agreeing with those scholars who claim that “a principle
as an appropriate standard should be followed not because it favors or
protects a desired economic, political, or social situation, but because it is
a requirement of justice, honesty, or some other dimension of morality”
(Dworkin, 1977: 261):
The process of emergence and development of general principles of law is
inuenced not only by the rules of positive law, but also morality, religion, customs,
politics, scientic concepts, which changes the prerequisites of legal regulation
and determines its direction for the future, and nds its expression in the judicial
practice (Bergel, 1985: 217).
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Signicant application of various principles of law in the process of law
making would allow to circumvent the problems associated with excessive
regulation. This situation, when the rule-making subject directs its activities
to the adoption of rules of law with detailed content, is evidence of excessive
care of society by the state.
This state of aairs has a negative impact on the genesis of the legal
system, which permanently increases a large array of legislative material.
Secondly, paternalistic sentiments in society are growing, which leads to
the formation of appropriate stereotypes of behaviour, which are devoid of
signs of legal activity, initiative, creative approaches to addressing certain
issues of public life.
Thirdly, increasing the role of the principles of law in the context of legal
regulation would help to create appropriate conditions for the selection of
the best options for behaviour, taking into account specic life circumstances
in the absence of legal norms that directly regulate public relations.
The active use of the principles of law in the process of functioning of
the legal system is an indicator of a high level of legal awareness of both
lawmakers and persons whose activities are related to the use of legal
norms. This is a marker of the state’s trust in a person and the person’s
belief in his defense, certainly by the state.
The state only determines the most optimal scale of behaviour of
subjects who have a wide eld of choice of options for solving the relevant
life situations. The support of a person by the state within the framework of
a positivist approach to the understanding of law has very real reasons for
its existence. It arises as a result of the objective-historical struggle of man
for his rights and their reection in the norms of normative law.
The state of respect for the value of man himself, his life and freedom is
not static, but dynamic, as it requires constant control of civil society over
the functioning of state structures. The state power is able to get rid of its
signs and features, having embarked on a totalitarian path of activity.
And, unfortunately, civil society cannot control the government for
objective reasons. In the opinion of the authors of the article, lack of control
over the activities of state structures is a direct path to the usurpation of
power through the adoption of anti-democratic laws.
For states whose system operates on the basis of the rule of law, this
practice is unacceptable. The development of the rule of law, as stated in
the Document of the Copenhagen Meeting of the Conference on the Human
Dimension of the CSCE (Copenhagen, 1990), means not only the signicance
established at the legislative level, which reproduces the democratic order,
but also justice, which is based on the recognition of the highest value of a
person and is guaranteed by state and municipal institutions.
984
Anatoliy Shevchenko, Andrii Voitseshchuk, Olena Zhydovtseva, Serhii Kudin, Andrii Boichuk y
Alyona Shevtsova
The Value of Man in the Positivity Type of Understanding Law
Thus, when considering the value of a person in the framework of
positive law, it is advisable, rst of all, to address the origins of the law-
making process, which is inextricably linked with the quality of persons
involved in the preparation and adoption of relevant law. After all, the
assertion of the legal value of a person in positive law is closely linked to the
internal potential of lawmakers.
We are talking about the level of legal thinking and legal awareness of
people’s deputies. They must be subject to special requirements regarding
the quality of their knowledge, skills and abilities in the legal eld. That is,
it is necessary for lawmakers to achieve a quality level of legal training and
skillful use of practical skills in the eld of law.
In the process of resolving this issue, it is desirable to proceed from the
existing in the theory of law scientic views on the legal consciousness of
the individual.
Characterizing its elements in relation to legislators, we note the
following: rst, the legal ideas of this category of persons are the appropriate
image of law in a generalized form, resulting from the assimilation of
various information about him.
It should be remembered that any knowledge is only a relevant part of
the holistic view that the subjects may have about the functioning of the
legal system of the state. Secondly, the knowledge itself is not once and for
all dened, constant, but is in constant motion, subject to change, addition,
and so on. Their type of legal consciousness depends on the type of thinking,
people’s ability to accumulate and process valuable information.
In the context of law-making, the relationship between the state and law
is clearly traced, and the inuence of factors is not only objective but also
subjective. By establishing the rights and responsibilities of individuals,
the law not only brings order to society and the state, but also creates the
preconditions for the functioning of all institutions of the state legal system.
As for their further development, there may be reasonable objections,
namely: no development of law can be discussed in the conditions of non-
democratic political regime. For certain reasons, the law is not based on the
historical laws of the state, but on the authoritarian attitudes and prejudices
of the authorities.
Under such conditions, the rule-making activity of the state is frankly
subjective. This can be traced on the example of Germany, where, as A. D.
Mashkov notes, between 1918 and 1949, the ban on the rights of national
minorities changed several times, either from formal equality based on
nationality to a ban based on racial aliation, discrimination provided by
the Constitution of the Weimar Republic - and to the declaration of racism
and nationalism, which were recognized as the main principles of social and
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state practice in Hitler’s Germany - and back to their prohibition (Mashkov,
2011).
We can also cite the example of Bolshevik Russia and the USSR, because
these states committed genocide of national minorities, proclaimed a
totalitarian system, and prohibited the right of Ukrainians, Belarusians,
Kazakhs, Uzbeks, Crimean Tatars, Georgians, and other peoples to self-
development.
The analysis of law-making and the qualitative lling of its axiology,
which man recreated during the historical period of competition for his
rights and freedoms, is the direction that will make it possible to make
a historical map of the vision of the law, to clarify the role of man in his
knowledge and creativity, the application of law in the system of legal
relations and understanding it as the basis of statecraft.
It should be emphasized that the right to life, freedom, equality, fair
treatment of the individual must be concretized not only at the level of
normative consolidation, but also at the level of the real process of their
implementation (Bobrovnyk et al., 2022).
Conclusion
The essence of the legal value of man in normative jurisprudence is
due to the need to know the law itself and the need to realize the interests
and needs of man through law. The basis of human values-oriented law is
humanistic law, which constitutes the essence of natural law and contributes
to the reproduction of the inalienable rights of people, which are markers of
the norms of legislative law.
Knowledge of the essence of the legal value of man is possible only if the
study of the theoretical foundations of legal positivism and its acceptance
as a relevant value for man can not be completely arbitrary. The value of
positive law is possible only in the case of its unquestionable conformity to
natural law.
The application of the principles of law in the process of modernization
of the legal system is a marker of a high level of legal awareness of legislators
and citizens of the state. On such grounds, state authorities respect people as
an absolute social and legal value, and a person is fully under the protection
of state and municipal authorities and management.
The assertion of the legal value of a person in positive law is closely
related to the theoretical and practical potential of the subjects of lawmaking
in general and lawmaking in particular.
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Anatoliy Shevchenko, Andrii Voitseshchuk, Olena Zhydovtseva, Serhii Kudin, Andrii Boichuk y
Alyona Shevtsova
The Value of Man in the Positivity Type of Understanding Law
The use of dialectical philosophical methodological and axiological and
anthropological approaches, which consider a person as a socio-legal value,
is a direction to the positive content of legal normativism and its perception
as a signicant element in the knowledge of the legal system.
It should be noted that the scientic study of the social and legal value of
a person within the framework of axiological, anthropological and positivist
legal understanding certainly leads to the integration of scientic research
regarding the recognition of the following fact: the social and legal value
of a person is manifested in his understanding of the relevance of natural
legal values and the need to specify them in legislation. However, it makes
it possible to consider the eorts of scientists to combine the axiological
and anthropological resources possessed by legal understanding, which are
determined by dierent sources of law.
In modern science, the problem of substantiating the integrative
approach to legal understanding, within which the anthropological-
communicative concept of law has developed, is quite debatable.
One of its developers, Poliakov stressed that the ideology of human
rights should not be cultivated, substituting the essence of law for it. It is
more appropriate to lay in the essence of law the most important social
communications.
Since law is an integral part of society, a person as a social subject cannot
be constructed without law, rights and responsibilities, which are realized
in legal communication (Poliakov, 2004).
Some scholars have drawn attention to the possibilities of an integrative
approach, in particular, that it can act as an appropriate approach, way,
method for understanding law, knowing it as a special and holistic social
phenomenon (Shevchenko et al., 2020).
In the context of substantiating an integrative approach to legal
understanding, the position of W. Brugger is quite interesting, as he
proposed a kind of formula for the image of man, presenting it as a holistic
system of characteristics that includes the following subsystems: self-
determining, value-oriented, responsible, vital and individual-stylistic
(Brugger, 1995).
Recently, scientists have been paying particular attention to the
problem of human capabilities in the context of globalization, expressing
dierent opinions depending on belonging to groups of “globalists” or
“anti-globalists”.
However, we can agree with the view of A.M. Kolodii, which identied the
preservation of modern civilization as a priority of mankind, and integration
processes can meet the needs and interests of each person (personal value
of the integration process), social communities and associations (group
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value of the integration process), society as a whole (social value of the
integration process) (Kolodii, 2015).
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Esta revista fue editada en formato digital y publicada
en octubre de 2022, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 74
