Open AccessHuman rights as a legal fiction and sociocultural value
Author(s) -
Yuri Ershov,
AUTHOR_ID
Publication year - 2021
Publication title -
socium i vlastʹ
Language(s) - English
Resource type - Journals
eISSN - 2949-0731
pISSN - 1996-0522
DOI - 10.22394/1996-0522-2021-2-86-94
Subject(s) - naturalness , sociocultural evolution , humanity , fundamental rights , human rights , natural (archaeology) , law , character (mathematics) , right to property , sociology , political science , environmental ethics , philosophy , geography , mathematics , physics , geometry , archaeology , quantum mechanics
The article is focused on studying the philosophical and legal nature of fundamental human rights and freedoms, which are interpreted as natural and inherent in a person from birth. It is shown that the “naturalness” of rights and freedoms is a legal fiction. In reality, natural rights and freedoms have a sociocultural, that is, “artificial” character. They strengthen the achieved level of guarantees of individual freedom and humanity in public relations.