Analysis of the philosophical and legal views on legal thought development

Автор: Parshina Natalya Valentinovna

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Философские науки

Статья в выпуске: 15, 2014 года.

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Political philosophy has its origins in the works of Plato and Aristotle. Marcus Tullius Cicero in his speeches denoted existence of the natural law. Development of philosophy during the Renaissance period was closely connected with the study of literary monuments of antiquity, aggrieved after the collapse of the Roman Empire. The era of the New Age is a period when the true sense of justice was developed; it was different from pre-existing religious and moral ones. The originators of the law development were M. Luther (he studied the interaction of law and religion), T. Hobbes (the author of the “social contract theory"), J. Locke (who substantiated the right of all people to life, liberty, and property), J.-J. Rousseau (he advocated the elimination of the government represented by masters in favor of the law-making by the people, without the mediating mechanism). From the perspective of the Marxism philosophy, the society stratification triggers emergence of unrests and conflicts, causes a constant struggle for power between the bourgeoisie and the proletariat. K. Marx argued that the advent of a classless society implies the disappearance of any laws. The author describes two factors that contributed to the rise of the philosophy of law. Firstly, it is differentiation of mono-rule, i.e. splitting of a single law into legal norms of morality, corporate rules, and custom regulations. Secondly, it is the development of the spiritual and intellectual life of the society, adoption of the power of the mind.

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Philosophy of law, ancient period, renaissance, marxism, theory of law, historical development

Короткий адрес: https://sciup.org/14936072

IDR: 14936072

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