AN INDICATION ABOUT SOCIAL CONTROL AND LEGAL ORDER IN PHILOSOPHICAL AND LEGAL VIEWS I. KANT, I. FICHTE, F. SHELING, G. HEGEL AND L. FEUERBACH
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 4, Issue
Abstract
The article is devoted to the questions of the development of philosophical and legal representations about social control and legal order in the writings of representatives of the German classical philosophy: I. Kant, I. Fichte, F. Sheling, G. Hegel and L. Feuerbach. Analyzing the views of the representatives of the German classical philosophy, it can be argued that, as representatives of the New Times, they further build their understanding of the rule of law on the basis of the theory of social contract. In particular, in the philosophy of Kant were presented the value-rational grounds of the concept of intelligent social order through the category of proper in public life, identified the integrating forces of order, connected with the moral nature of man, revealed the moral basis of political order. Basis value basis of the order Kant considered freedom, which was to self-restrict its own arbitrariness and respect for the freedom of others. The right order, according to Fichte, consists in the safety of the individual and society, and in compliance with the limits of ownership of each member of society, answers but with the current law. Valuable basis of order is also freedom, which requires an obligation to restrict its freedom to recognize the freedom of others. According to Hegel’s philosophy, the nature of the rule of law is perfect, since it is implemented from an absolute idea into the activity of people. The basic value on which social control is based is freedom as a conscious necessity. Civil society is seen as forming a social form of manifestation of order, and the state expresses the wisdom and power of the legal order. Declared by Schelling the identity of necessity and freedom forms the basis of the harmony between objective and subjective in the activities of man and society, is the basis of the agreement between freedom and reasonableness. In this identity, one should look for the philosophical justification of Schelling’s social order and control. In the philosophy of Feuerbach, the value basis of social control and order can be considered the recognition of the equal right of every person to the pursuit of happiness. Emphasizes the idea that the state and order are interdependent, and the order of order is peace. Freedom has become a key value of the rule of law and social control in German classical philosophy. This was expressed in the fact that social control was regarded as one that should be carried out within the law, and should be applied only to the external, not the internal sphere of a person.
Authors and Affiliations
В. В Налуцишин
Keywords
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