|
ИСТИНА |
Войти в систему Регистрация |
ИПМех РАН |
||
STATE AND INDIVIDUAL IN THE INTERPRETATION OF P.I. NOVGORODTSEV DOI 10.34660/INF.2019.20.39864тезисы доклада
- Авторы: Frolova, E A.
- Сборник: Materials of the International Conference “Scientific research of the SCO countries: synergy and integration” - Reports in English
- Серия: Part 2 (July 31, 2019. Beijing, PRC)
- Том: 4
- Тезисы
- Год издания: 2019
- Место издания: Beijing, China
- DOI: 10.34660/INF.2019.20.39864
- Аннотация: The concept of correlation of state and individual is an independent theoretical problem of statelegal structures, in particular, of the 19th20th centuries. Most lawyers of this time were inclined to think that the state was one: it knows no dualism of the sovereign and the people, power and law, as it was in the Middle Ages. At the same time, within the state, this dualism is manifested and has not only historical, as Jellinek claimed, but of fundamental importance. The fact is that in modern times, unlike the ancient period of the existence of the state, a legal claim arose for a certain sphere of freedom in relation to the state. Even in the era of state absolutism, as noted by P.I. Novgorodtsev, it was impossible to suppress the belief that the individual and in relation to the state represents a selfsufficient and therefore due and legal value1 . As for the opposition of power and personality, government and people at the beginning of the 20th century, it was believed by Kants supporters in Russia that it was not so much defeated as it was enclosed in a framework of legitimate manifestation. The dualism of the state and the individual, general law and individual freedom can be overcome only by the requirement of legal consciousness the moral restrictions that stand above the state. Thus, the law receives its legal existence on the basis of state recognition. But to admit does not mean to create and bring to life in this case, according to Novgorodtsev, recognition of the necessary selfrestraint of the state also has significance. Individual freedom exists beyond this recognition, but in order for the freedom of persons, which exists as an inevitable fact and as a moral requirement, to be fixed by law, a complex process of struggle for freedom against the constraints imposed on it is necessary. The recognition of freedom means the states renunciation of previous encroachments on the rights of individuals and, then, confirmation of these rights for the future. Therefore, on the part of the state, it is negative: it means nothing more than an official confirmation of a fact that requires its sanction with all the force of an unconditional life phenomenon
- Добавил в систему: Фролова Елизавета Александровна