EARLY MODERN THEORY OF NATURAL LAW AS THE BASIS OF THE COUNTERWEIGHT TO THE POWER OF THE SUBJECT OF STATE SOVEREIGNTY (FROM MACHIAVELLI TO GROTIUS)
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 63, Issue 2
Abstract
The early modern concept of natural law, which became the counterbalance of the power of the subject of state sovereignty, was studied. Machiavelli defined certain concepts of natural law, placing it in a wider category of necessary — socio- historical laws, which subjects of sovereignty, for the sake of positive rule, must rationally master. However, in relation to the «necessary» and the «will of the peasant», the advantage belonged to the latter, since the norm, which took into account the principles of natural law, was a technological proposal, and not a duty. Any necessity was replaced by a state by another reality — a subjective necessity, which was supported by the power of the state. The newly created artificial reality shaped the public space of the political, which became a constant reality that was part of history, that is, transformed into an objective necessity. Consequently, the Florentine proposed that the state become an exquisite creator, which transforms the real state of affairs into the necessary political space for itself and becomes it the sole subject of power. Luther and Calvin developed the doctrine of blind obedience. The latter departs from the fact that the power of the sovereign is rooted in the awesome greatness of the father and the Creator. So, in the relationship between parents and the child, the focus is solely on the implantation of obedience and fear of anger — both God and father. Subordination only helps disobedient believers to learn to obey the authorities. The power of the Lord's Lord falls into the power of the Lord. Calvin's citizen is a submissive submissive whose freedom is to subordinate to the natural justice system, whether it be a family or a state. The Boden's theory raises the question of harmonizing the relations of natural law and the carrier of state sovereignty in favor of the latter. More precisely, the principle of maintaining harmony, the philosopher believes in the integrity of the family sphere, the distinction between private and public spaces. While the freedom of the individual has not been publicly identified — individual rights represented the landlord, who, along with other patriarchal families formed a political unit. Wrote this unity of homeowners the principle of state sovereignty, which in absolute terms possessed only the monarch. Altusius changed the focus of the idea of a hierarchy of relations of natural law and state sovereignty. His political construction is based on a reasonable consolidation of human associations, which derive their activities from the conscious concepts of natural law — its primary right of democracy. Such a hierarchical order legitimizes the following political superstructure — state sovereignty and positive laws. Since the establishment of state sovereignty, the power of the authorities is limited to the force of natural law, since all of its legislative and managerial activities must ideologically rely on its concepts. Grotius defines two types of possession: possession of the rights of full ownership and of the rights of usufruct. The first form — ownership of the property of the supreme authority — can be acquired in the form of war. A state with such power is called patrimonial. Their rulers were by no means connected with the will of the people and could dispose of the country at their discretion. The second kind — belonged to a person who became ruler directly, as a result of popular election. In this case, the ruler did not have the right to dispose of his powers without the consent of the people.
Authors and Affiliations
Oleg Turenko
Keywords
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