The concept of naturalness (affinity) of law in the context of universal-historical paradigm

Abstract

The problem of finding a theoretical consensus of jusnaturalist theoretical and legal positions, which has always been relevant, is now becoming one of the most pressing, and the main hopes for its solution are traditionally associated with the philosophy of law. In the article the author formulates the following thesis: the degree of development of human nature, which is a direct source of natural human rights and legal systems derived from these rights, directly depends on the volume and level of cultural development as a process of cultivating one's own ancestral strength.
 The author proposes to understand the accumulated mass of cultural achievements inherited and cultivated by a certain (local or global) human community, which together with the existing natural conditions form the natural basis of the necessary historical form of common way of life the level of cultural and tribal development achieved by them.
 Under the level of cultural development, the author proposes to understand the relationship between a given human community as a subject of nature-transforming practice, based on the available volume of cultural development, and the natural environment as an object of such nature-transforming practice. materialist historiosophical tradition is called the level of development of the productive forces of society.
 Anthropocultural dimension of a kind of "golden section", formed by the ratio of two relations - the level of cultural development (as the ratio between the existing volume of ancestral development of a particular human community and "first" nature) and a set of modifications (or classes) of human types as carriers of certain fragments essence will be a historical type of sociality, which in the framework of the approach proposed by the author will be nothing more than a way to distribute among people the historically accumulated volume of their ancestral development.
 The natural carrier of the naturalness of both social relations and the legal mechanisms of their regulation is a certain human type, the priority of social will over the social will of other human types is a necessary prerequisite for maximizing the pace of cultural development of the community. Natural (or related) will always be the type of legality that guarantees the priority of the social will of the human type, the guarantee of social dominance which ensures the ascending development of society.