The Philosophical and Legal Foundations of P. M. Rabinovych’s Concept of Human Rights

Abstract

The article is devoted to the analysis of Petro Moiseiovych Rabinovych’s concept of human rights with particular emphasis on identifying its philosophical and legal foundations within the context of contemporary theories of human rights justification. It is demonstrated that Rabinovych’s scholarly work is characterized by the development of an “autonomous” conceptual framework intended to provide a more adequate reflection of various dimensions of law, as well as by his aspiration to rely not on abstract constructions but rather on a realistic and life-oriented understanding of law. As a point of departure, he adopts the concept of “needs,” which is fundamental to human social existence, and formulates his methodological approach to the nature and foundations of law as a “needs-based” approach. From the perspective of identifying fundamental needs essential for human existence, he also substantiates the existence of human rights. The article further demonstrates that, alongside the achievements of this concept, it also contains certain problematic aspects, the resolution of which could provide grounds for its further development and refinement. Drawing upon Matthias Mahlmann’s theory of the justification of human rights, which incorporates the theory of human goods, the theory of normative principles, and the political theory of human rights, it is argued that Rabinovych’s approach may be classified within one of the existing approaches to the justification of human rights, namely the “interests and needs” approach. Under a broad interpretation of the concept of “needs,” such an approach functionally corresponds to the theory of human goods, the protection of which serves as the justification for human rights. However, approaches of this kind face the problem of a certain gap in argumentation between the descriptive assumption that human beings possess certain undeniable interests or needs and the normative assumption that they are legitimately entitled to rights aimed at securing such interests and needs. This gap is bridged through normative principles, the most significant of which are the principles of justice and solidarity, which respectively require equality in rights and respect for the rights of others. The key normative principle is human dignity, which expresses the intrinsic value of every human being. Therefore, in order to enhance the methodological effectiveness of the needs- and interest-based approach to the justification of human rights, it should be supplemented by an approach grounded in normative principles.