theory of natural law dates back to ancient times.Associated with this problem the idea already existed in ancient Greece (the Sophists, Aristotle, Democritus, Socrates), China (moizm) and Rome (Roman lawyers, Cicero).
representatives of the theory believe that a person from birth belong to the inalienable rights (to life, personal integrity, marriage, liberty, property, work, equality, and others.).These rights are inalienable, one can not deny them, except in cases of punishment for crimes.They come from the very nature of man as a spiritual being and free.
Natural law embodies the supreme justice, and therefore the laws of the state do not have to contradict him.Proponents of this theory emit such a thing as positive law, which is included in the laws passed by the state.
most outstanding representatives of the theory - Rousseau, Radishchev, Montesquieu, Locke, Hobbes, Holbach and others.
theory of natural law is reflected in the constitutions of various countries of the world, including in Russia.For example, in Article 17 states that basic human rights are inalienable and belong to everyone from birth, their implementation must not violate the rights of others.
There are currently no opposing positive and natural law, because the first is aimed at protecting fundamental human rights, government regulation of the existing relations in the society.
theory of natural rights and social contract closely to each other.According to the theory of contract, before the people of the state were free, they had unlimited rights.In the treatise "On the citizen" Hobbes, people were in a state of "war of all against all," as they are by their nature tend to harm each other.In its natural state for a long time it was impossible to be, as it led to the mutual extermination.So for his defense of the rights they have passed the state by signing a social contract.State power is inherent in the rule does not apply, and the positive law applied to ensure fairness.
Besides the inalienable rights of the individual to the natural law also include the socio-economic (eg, freedom of association in the public unions and political parties, the right to social communities).
There are 3 sources of origin of the concept of natural law.According to one of them, it appeared by divine providence.The second concept of natural law sees it as a habit and instinct of animate beings.The third identifies as the source of the human mind.
Natural law is based on the following postulates:
- has the right to physical self-preservation;
- for this it relies on your common sense, which is only possible while maintaining the dignity and honor;
- as a rational being, he is working and has the right to the result of this activity;
- due to the fact that people are the same, none of them has more rights;
- people claim to certain rights, shall recognize them and for others;
- to protect natural rights is necessary to state regulation.
theory of natural law is of great importance, because it denies bundle people into classes, social inequality.People have equal rights to be protected by law.Any assault on them should be prosecuted by the criminal law and public authorities.
theory of natural law, except for the constitutional consolidation, reflected in such acts as the US Declaration of Independence 1776, the Bill of Rights of 1791, the Declaration of the rights and freedoms of France 1789, as well as many other legal documents.
