Ідея прав людини: пошук нових підходів обґрунтування в добу глобальних трансформацій

Abstract

The purpose of the article is to find modern approaches to justify the latest versions of the human rights ideas for different countries of the world. The article proposes a position that it is urgent for the implementation of theoretical efforts to find universal theories of substantiation of the idea of human rights that could be adopted by non-European countries. Methodology. The article uses an analytical and methodology of intercultural discourse; as well as the principles of cultural and historical analysis, systemicity, comparative-legal method, which will ensure the integrity of the study and will enable the latest approaches to the substantiation of the idea of human rights. Scientific novelty lies in the fact that in the modern legal discourse, several approaches to the current substantiation of the idea of human rights were revealed. Among them, one can distinguish theory of human rights that come out: self-limitation of negative human manifestations; ontology of human existence spheres; Ideas of human identity and intercultural legal discourse. Conclusions. The study managed to identify various approaches to the current substantiation of the idea of human rights. All of them refuse educational approaches to understanding human rights as natural, or transcendental in essence. Instead, relying on modern philosophical and legal paradigms, there is a search for the latest theories that would substantiate the possibility of universal principles that will ensure the development and implementation of universal legal norms for non-western countries of the world. Indicative here is the theory of intercultural legal discourse, which demonstrates promising opportunities for the implementation of this goal. Further development of an acceptable person's theory of human rights, in our opinion, is connected with the analyzed concepts, among which the intercultural legal approach is able to play a special role. Keywords: right; philosophy of law; human rights; human rights theory; natural law; intercultural legal discourse.