FROM IDENTITIES TO UNDERSTANDING THE LAW
Journal Title: Вісник Національного юридичного університету імені Ярослава Мудрого. Серія: філософія, філософія права, політологія, соціологія - Year 2016, Vol 2, Issue 29
Abstract
In this study addressed the socio-philosophical and philosophical-legal and, at the same time, the anthropological problem of personal definitions people transgressive open society in national, cultural, legal, ideological and mental planes. Political and legal situation in Ukraine serves as a discourse, and sometimes a conflict of identities, as variety of cultures within one political nation. The global trend of transnationalization of the society cancels any signs of cultural traditionalism, in particular those of its forms that do not meet the current political situation. This fact creates the problem of sustainable selfidentification of individuals and their awareness of the value of the law. Civilizational or cultural-national identity is regarded here as the self-awareness of human of his spiritual and mental essence and freedom its realization in society. A disappointing state of affairs in the field of human rights in Ukraine has a negative impact on the situation in the sphere of cultural identification of its citizens. The problem is the expression and protection of the subjects of ancestral spiritual values, respect for their roots, social history and language. Ideological reformism offers alternatives not on a par, contrary to the prevailing ideals. The general system of modern values doesn’t leave a freedom of choice and freedom of conscience. Personal identification often leads to axiological ambivalence of the consciousness of separate individuals, a utilitarian simulation of the values of other individuals, or marginalize others. The value system of Western democracy is based on individual interests, their competition and opportunities meet. There is no place for sentimentality and nostalgiaing. However, one mercantile egoism is not sufficient for building a legal society. The basis of a legal society based on the principle of mutual recognition of the values of its members. Recognition should be understood not solely as the adoption of the interests and needs of the other, but as respect to his particular nature, tradition, identity, to his dignity and patrimony. Only this way of being can be considered legal. However, the law, with all their apparatus of violence can not guarantee mass mutual recognition of individuals in the multicultural space. Today the prevailing trends of pragmatism, selfishness, individualism, formal rationality, superficial relationships do not find continuity with the previous experience of class solidarity, which is present in a significant proportion of the population. Society of mutual recognition is possible only on the basis of ownership of all of its members to public, common and universal core values of culture. Only a uniform cultural embeddedness (regardless of cultures), equivalence and interest of each individual member of a society guarantee legal moral base of legal society. The self-identification of modern Ukrainians has a particular nature, as detect the private community and worldview within the same nation. However, the mere fact of multiculturalism is a problem in the way of spiritual and social evolution of Ukraine. Rather itself the national idea, which has become today the function of ideology and weapon of political populism, it becomes a hindrance to democracy and a multicultural upbringing of the person of globalized world. The problem of identification of individuals multicultural modern nation States are very popular today in the world of philosophical literature. Her understanding and approaches to its solution are offered in the field of social philosophy, philosophy of culture, axiology, anthropology and deconstruction. Civilization identity of citizens, complicated wide integration processes in the world, in Ukrainian reality is compounded internal national and cultural differences and political transformations in the society as well. The majority of contemporary national philosophers are busy finding a solution to the problem of identifying Ukrainians in the Western models of social development. However, Ukrainian society has its own distinctive essential features, which forces us to reassess the actual post-nonclassical approaches against him. Humane way to solve the conflict of identities is certainly legal. Traumatized historical memory of our people spontaneously differentiate regional features of its national identity, creating the threat of ideological conflict. The ideals of Western democracy and transnational identity is not enough for arrangement of a developed civil society with the priority of the law and massive credibility. In turn, the law offers mechanisms of regulation of processes in the sphere of public consciousness, which also have not success. Thus, the relationship of identity and understanding of the law is to date is not effective, however, obvious.
Authors and Affiliations
Ю. Мелякова
Keywords
Related Articles
- EP ID EP185576
- DOI 10.21564/2075-7190.29.70987
- Views 90
- Downloads 0
ONTOLOGICAL VALENCE OF PhILOSOPhY OF LAW
The competition in modern jurisprudence of two respectable scientific disciplines: the philosophy of law and the theory of law, has so far reached such a poignancy that the relevance of the problem of demarcation of thes...
ДО ПРОБЛЕМИ ОБҐРУНТУВАННЯ ПРОЦЕСУАЛЬНОСТІ ПРАВОВОГО ЖИТТЯ
Статтю присвячено концептуалізації онтологічних засад правового життя. Проведений аналіз розвитку проблематики процесуальності в історії філософії та феноменології права. Розглянуті традиційні феноменологічні вчення, мож...
ГЕНДЕРНОЕ ИЗМЕРЕНИЕ УКРАИНСКОЙ ПОЛИТИКИ
Раскрыты сущностные характеристики гендерного подхода к политической деятельности. Проанализированы основные гендерные стереотипы, присущие украинскому обществу. Определены факторы и условия формирования имиджа женщины-...
PROBLEM OF NEPOTISM IN MODERN UKRAINIAN SOCIETY
A problem of nepotism in the modern Ukrainian society is viewed as one of manifesta- tions and powerful sources of corruption which shows itself as practice of placing one’s relatives, acquaintances, friends or persons w...
ANThROPOLOGICAL DIMENSION OF ThE PhENOMENON OF SPIRITUALITY: TO ThE PROBLEM OF CONCEPTUALIZATION
The article shows that the history of culture is saturated with problems related to the development of intentions and values unique origin. There are such problems, consideration of which requires «experience» and «stay»...