Iaruniv M. Axiological and normative paradigm of the freedom of the man will

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U003211

Applicant for

Specialization

  • 12.00.12 - Філософія права

20-09-2018

Specialized Academic Board

К 35.725.02

Essay

The work is devoted to the comprehensive study of the axiological and normative rationale of freedom of will from the intentional positions of ontology, epistemology, humanistic legal anthropology and the ideal system of legal values ​​within the philosophical and legal discourse. It is substantiated that it is precisely freedom of the will in a legal reality that can fully realize its effectiveness and become a new, more effective instrument for the achievement of legal freedom in civil society for a civilized man. It is proposed to treat freedom of the person as his ability to realize and bear responsibility for choosing his actions, which can be expressed as accidental forms of behavior caused by a consistent and substantiated system of qualitatively objective laws. Currently, the axiological and normative justification of human freedom is associated with several factors, among which one should distinguish the following: awareness of the possibility of their own choice through natural will and desire for change; an attempt to distinguish itself "I"; understanding of the value of personal natural freedom of the will; an important role of the state in imposing it legal and legal limitations on human actions, which influenced the awareness of responsibility for their actions; the value of freedom of the will of man, laid in its natural beginning as a person. It is proved that for a person her freedom of will is implemented through an internal imperative, which induces to be free from external influence in the process of social formation of the individual and its legal socialization. The direct restriction of the freedom of the person will necessarily cause significant damage to consciousness and legal consciousness, since it negatively affects, distorting the legal behavior towards deliberate omission of the legal field, which reduces the essence of man to the "tool" of manipulations in state-building and law-making processes.

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