THE RELATIONSHIP BETWEEN NATURAL AND DIGITAL HUMAN RIGHTS: PROBLEMS OF LEGAL DEFINITION

Анотація

This paper delves into the link connecting innate and digital human entitlements via a philosophical viewpoint. Special attention is paid to viewing digital prerogatives as a potential continuation of established notions of innate law. The chief difficulties mentioned concern the lack of a common method for specifying a person's digital entitlements and the intricacy of harmonizing these with natural rights. The aim of this study is a deep philosophical and legal comprehension of the bond between original and digital human entitlements, and to confirm the workability of creating a global understanding of digital rights. The research utilises dialectical, historical-philosophical, comparative-legal, formal-legal, systemic, hermeneutic, axiological, and generalisation techniques. The outcomes showed that an individual's digital entitlements surface as a fresh facet of protecting volition and privacy amid digitalisation; they partly uphold the notion of inherent rights, yet concurrently necessitate their separate legal and philosophical foundation due to the distinct features of the digital realm. The fundamental essence of human entitlements as a philosophical and legal concept within jurisprudence is clarified. The substance and chief characteristics of innate human rights are examined, and their standing in the contemporary legal structure is established. The development of scientific methods for comprehending human entitlements and their impact on shaping the contemporary notion of rights is examined. The substance and juridical essence of electronic human entitlements as an element of information statute are unveiled. The primary categories of digital entitlements are established, and their characteristics are described amid society's digitalization. Worldwide legal standards regarding human rights are examined. The link between inherent and electronic human privileges is explored, with their connection and potential ordering ascertained. Difficulties within the judicial definition of digital human privileges are noted, principally the lack of a uniform approach to their grasp. Disagreements between local and worldwide laws concerning the control of digital entitlements are assessed. The potential for merging legal positivism with inherent law perspectives during the specification of digital rights is evaluated. Conceptual frameworks for grasping digital rights as a fresh phase in the progression of personal freedoms amid worldwide digital metamorphosis are sketched out.

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