Somatic Human Rights – the Result of the Legal Regulation Scope Expansion?-Reference-Cited by-同舟云学术

Somatic Human Rights – the Result of the Legal Regulation Scope Expansion?

Published:2023-07-04 Issue:2 Volume:24 Page:164-171
ISSN:1819-0928
Container-title:Academic Law Journal
language:ru
Short-container-title:

Author:

Zaitseva Ekaterina¹^ORCID

Affiliation:

1. St. Petersburg University of the Ministry of Internal Affairs of Russia

Abstract

The processes of formation and further consolidation of human rights, including somatic ones, presuppose their initial existence in the form of legal claims. The relationship between somatic legal claims and the expansion of the scope of legal regulation has a complex dialectical character. The emergence of certain legal claims and their further consolidation as subjective rights is not always the result of expanding the scope of legal regulation. All somatic claims can be divided into three groups according to their relationship with the sphere of legal regulation. The first group is somatic legal claims, which appeared as the result of the expansion of the scope of legal regulation, due to scientific and technological progress, giving rise to qualitatively new forms of social relations, including those directly affecting the legal status of the individual in society and the state. The second group is somatic legal claims, which are the result of a change in the vision of the sphere of legal regulation, due to the development of human civilization and the change in moral, ethical and value dominants in society. The third group is legal claims arising from social relations that do not have a legal nature, as the result of the designation of which an artificial expansion of the scope of legal regulation is possible. The moral and ethical component that accompanies the somatic claims of a person complicates the processes of their formal consolidation and causes the lack of a unified approach to the legal regulation of these issues, due to the historical, religious, mental features of the individual societies and states development. Each state in the transition of somatic legal claims to the normative legal form of subjective rights must consider them from the point of view of their compliance with the criterion of moral correctness. Responsibility for making such decisions, together with the state, should be assumed by society, by using of deliberative procedures in the process of law formation.

Publisher

Baikal State University

Reference16 articles.

1. Nersesyants V.S. Human rights in the history of political and legal thought (from ancient times to the 1789 Declaration). Human rights in the History of Mankind and the modern world. Moscow, Institut gosudarstva i prava AN SSSR Publ., 1989. pp. 21–29.

2. Denisenko V.V., Trikoz E.N. Deliberativity and Aleatory Procedures as a Legitimation of Somatic Human Rights: Experience of the Republic of Ireland and the Commonwealth of Australia. Gosudarstvo i pravo = State and Law, 2023, no. 1, pp. 100–113. (In Russian). EDN: ZJAHDA. DOI: 10.31857/S102694520024101-2.

3. Zaitseva E.S. Limits of legal regulation (general theoretical aspect). Omsk, Academy of the MIA of Russia Publ., 2020. 153 p. EDN: CTQNRO.

4. Velieva D.S., Presnyakov M.V. «Generations» of Human Rights: the Problem of the Subject Definiteness of the Concept of «Basic Rights». The system of constitutional law of modern Russia: values, principles, institutions and norms. Materials of the XI International Forum, Saratov, December 10, 2019. Saratov, 2020, pp. 43–47. (In Russian). EDN: FOAGWM.

5. Bobodzhonzoda I.Kh., Tagainazarov Sh.T., Dinorshev A.M. On the Legal Nature of Human Body Parts and Tissues and Somatic Rights as Objects of Civil Law. Pravovaya zhizn› = Legal life, 2019, no. 2, pp. 123–140. (In Russian). EDN: RSSKXM.