Культурно-антропологическое измерение современного уголовного права

Abstract

The spread of cultural-anthropological methodology to the problems of modern criminal law enabled to formulate a new doctrinal definition of criminal law as a culturally agreed system of social freedoms focused on protecting social, material and spiritual values that are the human culture achievements and belong to a person. The proposed cultural-anthropological dimension allowed us to substantiate the  appropriateness of recognition anthropodicy as a paradigm of modern criminal law. The idea of periodization of  criminal law genesis was further developed with the identification of three qualitatively different periods of premodern, modern and postmodern, each of which is distinguished by a special role  played in culture in general and criminal law in particular. The article provides  different understanding of social justice as the purpose of applying criminal law which is more complicated in the context of the rule of law dominance than in the traditional understanding of the compliance between crime and punishment. The proposed approach allows to obtain a new type of criminal law, in which a person, regardless of the nature of participation in criminal relations, is provided with a number of rights and legal opportunities to protect their own, or those represented by it, interests. Іn addition, it creates grounds for further study of less global, but no less relevant problems of criminal law, in particular, ensuring objective criminalization, the formation of a coherent system of criminal law measures as a legal consequence of a socially dangerous act, the ratio of measures to physical and legal persons, etc.