Axiological Aspects of Anthropological and Social Sources of Law Formation

Abstract

The article analyses some axiological aspects of anthropological and social sources of law formation through the analysis of the system, which includes social (legal) values and principles of law. It is emphasized that such division and delimitation are quite conditional, since principles provide for the requirement of guidance by values. Significant social idea that has become a legal value is reflected in the principle of law, and is governed by law. It has been proved that the legitimacy of positive law in a modern state-organized society, which is characterized by such phenomena as the rule of law and civil society, is directly related to the extent to which it reflects social values. The source of law becomes in demand if the proposed model of behaviour provides protection, provision, reproduction of socially recognized value that is important to society. The public significance of the behaviour model receives legal support, public perception and reproduction in the course of social practice. Over time, the most important legal values are transformed into the principles of law and are concretized in legal norms. Among the most expressive legal values that are clearly reflected in international and national law there is human dignity, freedom, justice and equality. Human dignity is the basic idea of humanism, which proclaims the protection of a person, his/her rights and freedoms; the satisfaction of his/her interests and needs. In the national legal system, this value is reflected in the Constitution, which recognizes a person, his/her life and health, honour and dignity as the highest social value. The Constitutional Court of Ukraine recognizes human dignity as a system-forming value and a source of human rights. Freedom includes the issue of potential and real ability of a person to be a subject of law, reflected in the form of such principles of law as general permission and special permission. Justice as a legal value is a special mechanism for maintaining the balance of legal values, a means of justifying and recognizing legal restrictions, a criterion for assessing legal phenomena and institutions. Equality in law is understood today as equality of opportunities and is reflected in the form of the following interrelated aspects: equality before the law; equality before the court; equality of rights, freedoms and responsibilities of a person and citizen.