Civil society and the state

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Civil society and the state

1. Civil society and the rule of law: the philosophical meaning of concepts

Civil society - a society in which the way of life of individuals needs and interests are met not by public and political methods, and the totality of natural forms of life.

An important feature of civil society - its self-regulating. Political institutions and organizations it is under strict control of the people or they are absent.

An essential feature of civil society is also economical and social freedom its individuals. The latter do not feel the alienation of property, the results of their labor can freely choose different ownership, not subject to restrictions in the transition from one social group to another, have the right to express and defend their interests.

The sign of civil society is the specific nature of power. The government is not acting as government forces and the power of authority, based on universal principles. The main functions of government are reduced to the protection of social rights and interests of each person, creating the necessary conditions for self-realization of the individual.

In general, we can say that this government should directly express the will of the individuals themselves, and not the will of certain organizations, political parties or associations. The most complete such a state provides direct rather than representative democracy, which is embodied in the associations and organizations that operate in different sectors of society. The mechanism of distribution of power in civil society and oversee its implementation is based on personal and public initiative of individuals for their support and trust.

An important feature of civil society is that it is in his life based on the natural, inherent rights. That is, it creates the necessary conditions for best meet the needs and interests of each individual, each social group. In such circumstances, each member of the civil society feels and manifests its responsibility for establishing harmony and mutual aid in human relations. Civil society - a society in which fully embodies the principle of social justice.

Civil society is closely related to a legal state. A successful operation, performance of essential principles of civil society is possible only in a legal state. The main feature of the rule of law is unquestionable rule of law in all spheres of social and political life.

Legal state:

- Creates laws while limiting their activities laws, which should be holy;

- Ensure the sanctity of individual freedom;

- Protects and guarantees the rights, interests, honor and dignity;

- Ensure the implementation of civil rights and freedoms at internationally recognized standards.

The relationship of civil society and the rule of law is manifested in the mandatory mutual responsibility of the state and the individual. This, in turn, implies, first, a clear separation of powers and thus smooth functioning of the legislative, executive and judicial branches. Secondly - a clear legislative strengthening and compliance of political and legal status of the individual.

2. State and civil society in the teachings H.-V.-F. Hegel

civil society hegel state

The most thorough attempt scientific analysis and knowledge of the nature of law and the state was made by the German philosopher Georg-Wilhelm-Friedrich Hegel Hom (1770-1831) in his «Philosophy of Law» and other works.

Problem rights, freedom, morality, and morality is the focus of creative interests Hegel throughout his life. Even in the book «Folk religion and Christianity,» he critically examined the Christian religion, which expresses only one morality, individual, man. Here Hegel said that people need moral «folk religion» that would develop along with the state and would be able to preserve the integrity and universality of freedom and moral life.

In the book «Positivity of the Christian Religion,» Hegel suggested that replacing the pagan religion of Christianity has led to people losing their freedom. The integrity of the moral life of the nation disintegrated in people entrenched habit to obey the will of another, individuals plunged into private life, largely alienated from the state.

Philosopher believed that absolute moral integrity is nothing like people.

According to scientists, the true morality of sending common organic whole, as a single individual, its morality, law receive their real meaning only as moments of totality.

The writings of Hegel's «Phenomenology of Spirit», «Philosophy of mind» and «Philosophy of Law» presents a unified concept of the relationship between law, ethics and morality. Problems Rules «Phenomenology of Spirit» opened at the «objective spirit» when the spirit overcomes the «individual consciousness» (subjective spirit), reaches the level of «social consciousness» (objective spirit) and then has been in the form of collective spirit within which society is closely suited to the realization of the laws of development. Categorical structure, which outlines «Phenomenology of Spirit», a concept of law, «moral - legal status - morality.»

According to the teaching of Hegel, the category of «morality» is identical to the category of «spirit», which is the level of the mind, where the authenticity of what he is - the whole reality constructed in the truth, and the mind is aware of himself as his world, and the world - as Himself.

The equivalent of moral consciousness is «a moral society.» Kingdom of morality is also divided into many individuals who are equal. «Legal status» implies recognition of the right and duty of all to be a person. Legal society generates real element forces personalities. Taming the natural forces associated with morality, which is based on free will and awareness of the subject of the whole complex of moral relations. Morality requires harmony between morality and nature, morality and sensual inclination and finally reconciliation of all moral contradictions in the subject, which realized its limitations, appreciated the moral desire to other subjects and the purity reached its identity. Concept and categorical structure in «Philosophy of mind» and «Philosophy of Law» in substance identical. «Philosophy of Law» is broader and more systematic set of the same concepts and ideas. It depicts the thorns of «objective spirit», whose main purpose is the realization of freedom in the outside world in order to become a reality world free relations.

Right, in the sense of Hegel is determinate being freedom. According to the three main stages and forms of categorization concepts of «freedom» and «right» «Philosophy of Law» is divided into three parts: «abstract right», «morality», «ethics».

In the sphere of abstract right to liberty - direct and abstract. Man appears here as an abstract and free «I». This unit will have personality.

Abstraction right - this awareness capacity, pure chance all these, more specific definitions of rights and freedoms.

Dying three stages - «property», «contract», «lie», freedom and the right specified, objective spirit enters into the sphere of morality.

If the abstract rights of independent will had its determinate being in appearance, the moral will has a determinate being in itself, only on the degree of moral self-determination will take on meaning, motivation, intent and purpose entities.

In the moral value of a person is determined by its internal behavior. The development of morality through stages «intent and Wine,» «intentions and good», «good and conscience» allows her to have an absolute right to determine what is right, duty and other valuables.

But morality - a subjective reflection of identity. The true realization of freedom in the objective world is in morality. At this level of freedom appears not only as the right of the subjective will, but as objectivity and reality. At this stage the spirit of a person realizes his duty as what it should be, and this need has itself and its true freedom. Morality is the family, civil society, the state and acts in world history as a universal world spirit. Legal and ethical position «Phenomenology of Spirit» and «Philosophy of Right» complementary. The beginning is the concept of «Phenomenology of Spirit»: «Ethics - legal status - morality.» Total category of structure takes the form of two concepts: «morality - law - morality - morality.» This categorical structure expresses the appropriate pattern. The very basis of human society morality is poor potency. In the development of society, she realized and manifested through the interaction of law and morality. Finally, can a stage of society where morality is implemented directly in its massive form.

«Philosophy of Law» Hegel has absorbed some of the ideas of previous generations of Philosophy. First of all it is - an idea even Plato and Aristotle on the integrity of the life of the policy, as well as Aristotle thought that the state is the precursor of individuals and that man - «being political.»

The idea of moral integrity, imbued with German philosopher from ancient thinkers, later it was developed in accordance with: the views of Hobbes about the political centralization, the reasonableness of life in the state, the concept of «general will» JJ Rousseau, with the ideas of historicism, national spirit and unity will SH.-L. Montesquieu. Nevertheless, the constitutional views of Hegel's much deeper and more in-depth than its predecessors.

He rejected the idea of state of nature and the contractual origin of state, assuming that the contract exists only in relations governed by private law and can not be a source of statehood.

Hegel criticized individualism natural law views of Hobbes, JJ Rousseau, Kant, who came out of primacy is not the whole - of the state, the national spirit and the individual.

In his philosophical and legal writings of Hegel criticized as an empirical way of interpreting the rights inherent in his opinion, Hobbes, John Locke and Jean-Jacques-term Rousseau and formal manner characteristic of Kant. For empirical approach, he noted, dominated contemplation and consideration of unilateralism, while formal approach defined reflection and absolution mind.

Basic definitions and initial objective spirit is independent will. She - a practical reason, that is the mind that operates in the external world. So will consist of two opposite aspects: general and individual. But will disclose their identity only at the higher stages, but here it becomes independent. In its lower forms it receives its contents from the outside, from the impressions and inclinations, she herself, being a common basis, appears as the ability to choose between different experiences and in this form acts as a tyranny. Content here will not match the shape. Consequently, the self is an internal contradiction in their definitions. This - the struggle between the different impressions that come to clash with each other. Choosing between them self chooses a common goal - happiness, since this goal depends on the approval of random impressions, it is a separate and random. Common in it, because the slopes - contradictory and varied. So fortunately, defined as pleasure inclinations are not attainable, it, according to Hegel, is the progress in infinity. The meaning of true progress is to require such a general framework that would afford all won individual. It is necessary to separate the essential from the unessential in impressions. It is essential to recognize that is not only taken outside content, but also meets the same freedom. In this lies the true common ground where abstract universal and individual are only moments. Will that defines itself, will be independent in the true sense. Limit it is exercising its freedom in the outside world. Implementation of this freedom and is Hegelian understanding of the law in a broad sense.

The entire scope of the objective spirit in Hegel - is the realization of the idea of rights or freedoms. Morality, ethics, the state - it is the opinion of a philosopher, a special right or actual existence of different degrees of freedom. Much attention in the political and legal doctrine of Hegel value paid to the problems of the state and the individual.

Hegel's doctrine on this subject is the result of a phase in the history of political and legal ideas and the new stage of development. Public and philosophical thought in the first stage convinced that single person endowed with reason and independent will, is the original social development. Human persons have been awarded the status of primary, eternal, inalienable arising from its very nature. Society was seen as a mechanical sum of individuals, the product of their theoretical and practical activities.

Hegel has shown conclusively that the fair can be the opposite concept: the man, the personality is a product of society - the family, civil society and the state - due to him, he owes all of its existence and development. Taking the starting point of his argument on the right Kantian idea of moral autonomy of the individual, Hegel through its logical judgment concluded that the supremacy of the state over the individual, and as a general whole over individual and unique.

Hegel was convinced that the true essence of the person and his freedom is the desire of the individual to its general nature, and right, with this in mind - the practical implementation of freedom in its general form in reality, the triumph of objective spirit in the form of state. Individual human destiny Hegel sacrificed general, it is the opinion of the philosopher, was weighing on the scales of history.

But the development of history and human relations in society enabled the conclusion that the value of an individual person's life and his freedom are not so small as Hegel argued, and the element of randomness plays a much larger role than was thought previously.

The appearance of an individual, endowed with an independent will, can significantly influence the course of events. This can occur not only when a person is extremely outstanding, but when the average person.

Hegel's period of political and legal studies over a considerable time characterized by two directions. The first of them united in the same context, the right and freedom, developed certain aspects of Hegel dominated by general, the second direction absorbed the legal views of Kant, where priority was given to an individual, a particular individual.

Literature

civil society hegel state

1. Karas Anatoliy - The philosophy of civil society as an interpretation of freedom and sociality: Dis… Dr. Philos. sciences: 09.00.03 / Lviv National University named after. Ivan Franko. - L., 2004. - 454ark. - Ref.: Ff. 436-454.

2. Pasko I.J. Pasko - Civil society and the national idea., Donetsk, 1999.

3. Jean L. - Cohen of Civil Society and Political Theory. Translated from English / Jean L. Cohen, Endru Arata - Moscow: Publishing House «whole world» 2003 - 784 p.

4. Hegel H.V.F. Philosophy of law. Academy of Sciences. Institute of Philosophy. M. - 1990

5. Malkovskiy BS Hegel's doctrine of the state and modernity. In Science. M. «Science». In 1989

6. Nersesyants V.S. - Hegel's philosophy of law. M. in 1983

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