THE ONTOLOGICAL STATUS OF the HUMAN RIGHTS ISSUE

Abstract

The problem of human rights emerges on the border of legal and philosophical discourses separating the meanings of legal field from the philosophical meanings. This problem is largely stated as a modern attempt to redefine human nature in terms of actual being, that’s why it undoubtedly has the ontological status which is essential for understanding but not all people recognize this fact. Meanwhile, the recognition of its ontological perspective allows not only to address the sources of ideas about the genesis of the understanding of human nature, but also to establish the relationship between self-determination of the human being and his self-representation in the structures of legal, political and philosophical discourse fields intersecting at a given problem. The constitution of human nature, by means of its determining within the boundaries of the body, sets the issue of human rights in the field of biological senses distributed between the extremes of life and death. In this case, the subject of human rights is displayed in the range of problems of “natural right” to life. The abstractness of the concept of a “man in general”, to which the idea of human rights is appealing, hinders self-determination of human being in its concreteness. The primary definition of human nature through its relation to the Divine or the Animal sets the polemical field of human rights issues. In clarifying the essence of human during its endless “cleansing”, or segregation of human society in various biological criteria, the “remainders” of such division are endlessly produced, i.e. the “excluded” or homo sacri as the embodiment of “bare” life. The motion ends with the destruction of the carriers of “life undeserving of living” The problem solution is seen in a different representation of human nature, which is understood as being a person speaking, having the ability to endlessly redefine himself in the word and to represent and complement his own language being in every act of speaking.