The evolution of the legal definition of the concept of a human in international and national law

Abstract

The article examines the evolution of the legal definition of “human being” in international and national law. The author examines the historical development of the legal status of a person, starting from the concepts of natural law to modern international legal standards. The author analyzes the impact of international documents, in particular the Universal Declaration of Human Rights, the European Convention on Human Rights and other treaties, on the formation of national legal systems. Particular attention is paid to the issues of legal capacity, subjectivity and the impact of scientific and technological progress (artificial intelligence, biotechnology) on the rethinking of the legal definition of a person.

The purpose of the study is to analyze the changes in the definition of “human” in international and national law, and also to outline the main trends in the formation of the legal status of a person in modern conditions.

In the course of the study, the author uses historical and legal, comparative and analytical methods. They make it possible to identify the peculiarities of the evolution of the legal status of a person, to consider the main international legal acts and national legislation.

The study finds that the concept of “human being” has been changing in accordance with socio-economic and political conditions. In international law, it was enshrined in the Declaration of Human Rights, international treaties and constitutional acts. National legislation of different countries demonstrates certain differences in the definition of the legal status of a person, in particular with regard to citizenship, legal capacity and protection of fundamental rights and freedoms. The concept of “person” is fundamental in the legal system of any state and international law. Its definition affects legal capacity, the scope of rights and freedoms, and the limits of legal responsibility. Throughout history, this concept has undergone significant changes, adapting to new social, ethical and scientific realities.

The conclusions summarize that the evolution of the legal concept of “human being” reflects the general trends in the development of legal systems towards humanization and expansion of legal guarantees. Further research may be aimed at analyzing the impact of technological progress and bioethical issues on the legal definition of the concept of “human”.