Zhuravska O. Anthropo-social sources of law formation: philosopho-legal aspect

The dissertation is a complex science-based philosophical and legal study of anthropological and social sources of the formation of law, which made it possible to reveal their essence and determine specific features and characteristics. The sources of the formation of law have been derived from two large spheres: social and anthropic (human-like). The main methodological task of the sources of the law formation was defined, that is to function as a criterion for the adequacy of the assessment of the positive law content. It has been established that the sources of the formation of law are anthropic and social factors influencing the formation (creation and development) of law. Human nature and legal consciousness are distinguished among the anthropic factors. Legal culture, legal values and principles of law are indicated among the social factors. The research methodology is based on understanding the spirit as a characteristic of a person, allowing him/her to become a source of meaningful transformation of reality, in particular, legal reality, as well as understanding human dignity as the highest manifestation of spirituality, the highest social and legal value and derived values (justice, freedom and equality), which made it possible, from a humanistic point of view, to substantiate the anthropological and social sources of the formation of law. Anthropological and social approaches are defined as systematic in the study, proceeding from its tasks and goals. In reviewing the anthropological and social sources of the formation of law, first of all, attention is drawn to the fact that law is the result of human nature as a “measure of all things”. The importance of the social component of the sources of the formation of law is emphasized in the sense of the material (imperfect) source of law as social and economic relations that determine the emergence, development and content of the law. It has been proved that the emergence of law is possible only in a society that defines the limits of human existence, in which a person is aware of his/her involvement in the whole and strives for it.