WORLDVIEW NATURE AND SOCIOLOGICAL ESSENCE OF PROTECTION OF THE WEAK SIDE IN TORT AND OTHER LEGAL RELATIONS

Abstract

This article is devoted to the worldview and sociological understanding of the category of the weak side and its protection in tort and other legal relations. In comprehension of the above categories, worldview and sociology have methodological significance: in theoretical terms – they direct the thinking and behavior of the researcher, legislator and law applier to the ideal model of cognition of these categories; in practical terms – they provide mentioned subjects with a program (algorithm), a set of techniques and methods of how to achieve maximum protection of the weak side in non-contractual and contractual legal relations, while not sinning against what is considered as true knowledge.

The main provisions of this work are: a) identification of the categories of strength and weakness in their antithesis; b) substantiation and conclusion about the derivative (private) nature of the categories of the weak side and its protection from the idea and concept of human self-worth; c) a reasoned statement that the categorization of the idea of defending the weak side, its legal formalization are intended to transfer the resolution of the dispute from the traditional paradigm of power to the paradigm of civilizational (legal) dialogue; d) characteristics of objective and subjective factors influencing the formation of a person as a strong or weak subject, subject or object awaiting protection and management by the state and other subjects.

The author proceeds from the fact that in developing countries, including Kazakhstan, these issues remained outside of serious scientific knowledge and philosophical understanding, which predetermined the subject of this research.