Methodological Approaches in the Study of Human Rights Restrictions
Abstract
Abstract. Determination of the methodology is an important stage of scientific research, which determines its content and conclusions. The purpose of this article is theoretical analysis (reflection) of positive and natural understandings of law, and accordingly choosing the best cognitive means of determining the legality of limitation of human rights. The methodological basis was anthropological and systemic methods. Considering the multifaceted nature limitation of human rights, the existence of conflicting points of view on this issue, was used dialectic method. Scientific novelty of the publication is the statement about necessary to use methodology of natural law theory and legalunderstanding in a reasonable combination, with an emphasis on the naturalness, priority and universality of human rights, when researching the issue of limiting human rights. Practical significance. The methodological approach presented in the article regarding the search for harmony between positive and natural law can be used to situations when considering the legality or illegality of limitation of human rights established by laws.
Keywords: methodology; limitation of human rights; anthropology; hermeneutics; natural law theory; legalunderstanding; universality; liberalism; communitarianism.
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References
Aleksi, R. (2012). Dual nature of law. Problems of Philosophy of Law, VIII-IX, 19-29.
Bandura, O. (2018). Epistemology of law as a component of the philosophy of law. Philosophical and methodological problems of law, 1-2, 25-33.
Bandura, O.O. (2000). Unity of values and truth in law. Kyiv.
Bandura, O.O., Bublyk, S.A., & Zainchkovskyi, M.L. (et al.). (2000). Philosophy of law. M.V. Kostytskyi, B.F. Chmil (Eds.). Kyiv: Yurinkom Inter.
Bihun, V.S. (2011). Philosophy of justice: idea and implementation. Kyiv.
Bratasiuk, M.H. (2020). The philosophy of human rights protection from the standpoint of modern legal thinking. Philosophical and methodological problems of law, 1(19), 14-20. doi: 10.33270/02201901.14.
Danylian, O.H., Dzoban, O.P., & Maksymov, S.I. (et al.). (2009). Philosophy of law. O.H. Danilian (Eds.). Kharkiv: Pravo.
Holovatyi, S.P. (2016). About human rights. Kyiv: Dukh i litera.
Hryshchuk, O., & Sliusarchuk, H. (2018). Liberal communitarianism as a philosophy of legal development of postmodern society. Ukrainian Journal of Constitutional Law, 1, 19-27.
Hryshchuk, O.V. (2019. Philosophy of constitutional values. Kyiv: VAITE.
Hudyma, D.A. (2003). Philosophical and anthropological approach - the methodological foundation of modern legal science. Problems of the philosophy of law, I, 122-125.
Hudyma, D.A. (2009). Human rights: anthropological and methodological principles of research. Lviv: Krai.
Kostytskyi, M., & Kushakova-Kostytska, N. (2021). Integrity and unity in the ontology of the laws of existence and society. Philosophical and methodological problems of law, 1, 8-21. doi: 10.33270/02212101.8.
Kostytskyi, M.V. (2012). On Dialectic as a Methodology of Legal Science. Philosophical and methodological problems of law, 1, 3-17/
Kostytskyi, M.V. (2014). Positivism as a methodology of jurisprudence. Philosophical and methodological problems of law, 2, 16-35.
Kostytskyii, M., & Kushakova-Kostytska, N. (2023). Methodology of theoretical and practical knowledge in jurisprudence as a scientific-practical complex. Philosophical and methodological problems of law, 1(25), 9-17. doi: 10.33270/01232502.9.
Koziubra, M.I. (2021). The doctrine of natural law: through historical ups and downs to recognition as the basis of the most important achievements of modern legal theory and practice. Law of Ukraine, 1, 12-42.
Kravchenko, L.V. (1998). Justice as a choice. Kyiv: Molod.
Maksymov, S. (2009). The constitutional principle of the rule of law: general and special. Bulletin of the Academy of Legal Sciences of Ukraine, 3(58), 127-134.
Maksymov, S. (2013). Universality of human rights. Philosophy of law and general theory of law, 1, 110-117.
Maksymov, S. (2016). What is law? Key points of the concept of legal reality. Philosophy of law and general theory of law, 1-2, 343-351.
Maksymov, S.I. (2010). Philosophy of law: modern interpretations. Selected works: articles, analytical reviews, translations (2003–2010). Kharkiv: Pravo.
Pankevych, O. (2016). Philosophical and legal principles of limitation of human rights in international legal and constitutional acts. Scientific Bulletin of the Lviv State University of Internal Affairs, 1,
-383.
Petrova, L.V. (1997). Essays on modern western philosophy of law. Kharkiv.
Rabinovych, P., & Honcharov, V. (2021). Limits of law: main aspects of the problem. Philosophy of law and general theory of law, 2, 13-22. doi: 10.21564/2707-7039.2.269135.
Tsurkan-Saifulina, Yu. (2017). Modern interpretations of the natural-law doctrine regarding law and power. Jurnalul juridic naţional: teorie şi practică, 6-1(28), 19-24.
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