Historical and Philosophical, Philosophical and Legal Rationale for Legal Assistance
Keywords:
personality, citizen, law, society, government, legal assistance, philosophy, philosophy of law
Abstract
The article analyzes the historical and philosophical, and the philosophical and legal basis of legal aid as a sociocultural phenomenon of modern democratic society. It was found that legal aid is needed in order to enable the person and citizen to feel secure and at the same time to create a level playing field in a society with a view to the harmonization of education in the system of rights between man, the state and society. Today, human rights, freedom, honor and dignity is one of the main directions in the development of public policy and declared different rules, conventions internationally. At the level of rational interpretations and studies, at the theoretical level human rights causes in place a system of moral and metaphysical beliefs, which is committed to a particular individual. The main objectives that pursues legal advice – is primarily a legal defense of the interests of citizens and those who are in the country to create an idealistic public order. Continuous transformation law, despite possible fluctuations mainly occurs in the form of evolutionary processes, not revolution, because deep in virtually any convulsive movement ends with the reconciliation requirements and legal and social system, within which it is produced. Legal today is one of the areas of social and legal policy to protect the rights and freedoms of its citizens. Therefore, the term «legal assistance» has to function on the basis of such principles as legality, humanity, the rule of law, equality, fairness, accessibility, confidentiality, avoidance of conflicts of interest, guaranteed state funding for free legal aid. After analysis between legal aid and the right, as such, we have concluded that it is in the law contain provisions by which legal aid is made. Today society is in dire need of qualitatively new, qualified legal assistance, which should contribute to the solution and provided answers to the questions that bother people with whom they are most in everyday life. The right to legal aid and have common problems, goals and principles and thus they act as the main guarantees that they must provide the state represented by competent authorities.Downloads
Download data is not yet available.
Abstract views: 109 PDF Downloads: 178
Issue
Section
History of philosophy of law
Copyright (c) 2017 Philosophical and Methodological Problems of Law
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
- Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
- Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
- The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.