Friday, July 17, 2020

Beyond Law and Order

“The man has now become like one of us, knowing good and evil.”
Volodymyr Machuskyy Sr.
The history of civilization in a certain legal sense is a continuous struggle of a person for her personal rights.
This struggle contains many intermediate stages: the recognition of property rights, the recognition of religious rights, the recognition of racial and social equality in the context of the ongoing battles for justice and freedom.
It is noteworthy that a person can relatively easily endure inequality of wealth or the seizure of his property in general. But in the event of an encroachment on moral convictions and especially on the dignity of a person, such a person can go out alone to battle against an entire state.

A separate indicative trend in the struggle for personal rights is the battle of women for their rights. It is practically impossible to find another social group historically more oppressed in terms of personal rights.
It can be said that the current worldwide triumphant march of the Women_Rights is revenge for the age-old female powerlessness, in short, the legal reconquest of female powerlessness.
At the same time, the person in developed and less developed countries is no longer satisfied with general and obvious rights, such as the right to life, liberty and security of person.
The obvious is the simple idea that with the development of society, the development of personality occurs (or vice versa) and it is natural that personal rights cannot be unchanged, as if cast in bronze for centuries.
Suffice it to note that, for example, just a few hundred years ago, women could not receive higher education, and compensation for moral damage seemed impossible from a legal point of view.
But, the higher the level of self-awareness and intelligence, the more personal rights are required to realize the interests of such a person.
So today on the agenda is the issue of the final recognition and consolidation of personal digital rights, determination of the legal status of artificial intelligence, legal aspects of bioinformatics, etc.

Along with the legal means of realizing, ensuring and protecting their rights, the modern person shifts the emphasis towards increasing the effectiveness of the extra-legal foundations of personal rights – that which is beyond Law and Order.
Such an extra-legal basis for personal rights is the recognition of the dignity: “All people are born free and equal in their dignity and rights.”
Thus, the dignity of the human person as a moral and ethical category (respect and self-respect of the human person) is a precondition for the recognition of personal rights and is concretized in the rights of the person.
In a narrow legal sense, the dignity is one of the intangible benefits that belong to a person from the birth. It is an inalienable and an indescribable.
An attack on the dignity can lead to a social explosion and to a change in the government. For example, the Revolution of Dignity in Ukraine (2014), which is often mistakenly referred to as the Ukrainian crisis.
Hence, the self-esteem of the person leads to an unwillingness to put up with the clearly unfair order of things. Otherwise, the person feels himself to be an accomplice in injustice, experiences an encroachment on her inner values and rises to defend her dignity.
In this case, tens and hundreds of thousands of people act to defend the dignity, violating legal regulations, regardless of origin and position in society, since the dignity is beyond law and order.

No comments:

Post a Comment