DOI: https://doi.org/10.32461/2226-3209.3.2015.138456

GENESIS OF HUMAN RIGHTS IN THE HISTORY OF POLITICAL AND LEGAL THOUGHT OF THE WORLD AND UKRAINE

Olena Malozhon

Abstract


In the article Human rights as a science, that the system of legal knowledge, concepts and doctrines about the origin, development and present state of human capabilities, rather booming in recent years in Ukraine. This is a change in relation to the rights of the state, the recognition of human highest social value, which interest shall be subject to all state system, and the system of government bodies. However, human rights – a problem that did not arise recently, a problem common historical, social and cultural development of all humanity.

Modern catalog of human rights, which is fixed in international legal documents reproduced in the national legislation of States – the result of historical development of standards and standards that have become the norm of modern democratic society. There is every reason to believe that the whole historical development of mankind is associated with changes in ideas about human rights. The cultural progress of society in general is impossible if it does not introduce anything new in the status of a person if the person does not get with each new stage of development more freedom. Even if the law is limited class, but they still expanding from one socio-historical formation to another. As some authors rightly point out, the ancient servant is more free than the original savage medieval fortress freer servant bourgeois society created the conditions for a formal freedom of all members of society, and this can not but agree.

Before modern scholars is the problem of further development of ideas, views that have been accumulating for centuries and millennia. However, modern approach to human rights is impossible without careful study of the historical aspects of the formation and development of human rights and freedoms.

The primitive system mistakenly believe the "golden period of mankind", which supposedly there is complete freedom and individual rights are not breached. Since I can not agree because that would break if human understanding and as such did not exist. The primitive system characterized by so-called "mononorm", ie rules which can not be classified as rules of religion, morality and common law – a rule are formed on the basis of habits that caused reasonableness of certain conduct which is useful to the individual only in extent that it is useful for family, tribe. These rules have never given the advantages of one over the other member of the genus, ie conventional fixed "original equality", but the essence of equality is the lack of freedom, as the person fully absorbed by society, individual livelihoods rather rigidly regulated. In "mononorm" right kind of membership represented a downside duties as the original individual had separated, enlightened self-interest, other than the interests of the family. Therefore, during the primitive community can talk only about the presence of certain mythological ideas about man and his rights.

The beginning of theoretical concepts and research associated with the name of Socrates, who defended the principles of individual freedom and autonomous individual. These ideas found their continuation in the works and rethinking his pupil Plato, who said: "Justice is that every man and made his way that no one was a stranger and did not lose her." Plato's views were too radical even, given the project its ideal state in which there is no private property and division of people into slaves and free, and it went further and for the first time recognized the equality of men and women. In terms of the idea of equality views of Plato were certainly progressive, however, against the strictly organized public life was lost the idea of self-worth and uniqueness of the individual.

The idea of forming a coherent philosophical concepts about man, his rights and freedom belongs to Aristotle, who argued that man – this being a political, social. He was developing fundamental categories, concepts that form the basis of modern thinking. First, the doctrine of distributive justice – which includes the distribution of all benefits for people of their ability, in proportion to the contribution to the common cause urivnyuyuchu and fairness when it comes to equality before the law, equality between equals (the issue of crime and punishment, reparation , civil agreement). This principle is almost unchanged as the basis of most modern legal systems. Really, can not be completely equal to each other, people with different levels of education or with regard to their health status, age, and therefore if anything distribution (power, rewards) are taken into account their personal characteristics and abilities, but when it comes to protect their natural rights, they should be the same for all.


Keywords


Human rights; legal knowledge system; political system; government; social and cultural development