WEAKNESS AS A PHILOSOPHICAL CONCEPT AND LEGAL CATEGORY

Abstract

The article is devoted to the most complex, little-studied in jurisprudence and the theory of civil law, deep-seated issues of protecting the weakness in delicate and other legal relations. The authors proceed from the fact that the effectiveness of the protection of the weakness is based on its holistic understanding of both legal and philosophical categories. Based on this, the authors draw a philosophical-semantic and lexical-legal analogy between this category and the category of a weak subject, its semantic conditionality from such philosophical categories as personality, self-worth of a person. It is proposed to consider the category of the weakness from the standpoint of its static and dynamic states, the conditionality of the effectiveness of its protection in the post-Soviet society from the development and state of effectiveness of formal institutions, as well as the ideological and value attitude of Kazakhstan society to the fundamental principles of the rule of law, formal equality and social justice The authors separately highlight the dependence of legal protection of a weak subject on the extent to which Kazakhstan's socio-legal reality realizes: a) the conditionality of a person from society, on the one hand; and b) his natural-biological and cognitive self-sufficiency, on the other. In this context, the authors make some retrospective analysis of the state of natural human rights in Kazakhstan of the Soviet period, reveal the nature and essence of the category "I". According to the authors, the category "I" in post-classical reality is a key element of such self-sufficiency. It is on the basis of their unity that reflection, comprehension and concepts of self-awareness and self-knowledge, self-identity, respect for self and other, society and the state should be built.