natural law - this is one of the oldest concepts about which "broke the spear" politicians, lawyers and philosophers, and still this question remains open.Although if you trace the development of this theory, we can see that, despite the resistance, it almost won the scope of international legal relations.First of all, it is interesting because it dates back to antiquity, and perhaps even before, but be perceived as a particular doctrine is much later.Finally, the New Age has become one of the two opposing theories in the field of jurisprudence.
While understanding that some features are given to man by nature, really formed very early in ancient Greece, it served as a justification for slavery, as even the great Aristotle believed that a certain kind of people are slaves by nature, and because others who are lucky enough to be bornfree, need to manage.The Roman lawyers belong to the concept of "natural law" (or jus naturale), but they do not define it went on very abstract reasoning.In the Middle Ages to combine theory of natural and divine standards, and therefore such a term generally use steel scientists canonists, develops norms of ecclesiastical legislation, often for political reasons.
On the other hand, in a variety of sacred and mythological texts or moral maxims expressed in literature or folklore, gradually evolved certain ideals about what is truth, justice, equality, and so on.They, too, understood as a kind of natural law, as were the measure of how a person should behave, and that is his dignity.New Era was as if a catalyst of this theory and declared that there are obvious things, these people by nature - this is the life, liberty, equality - and owned by them on the fact of birth.Philosophical ideas raised to shield the truth, put forward Hugo Grotius and many thinkers of the Enlightenment, in particular, Holbach and Rousseau.
Natural law was secured as a principle in the legislation, such as the French revolutionary Declaration of 1789 on the "sacred natural rights" or the American Declaration of Independence.Though it is necessary to clarify that the French revolutionaries, writing sublime text of inalienable freedom and equality, women ruled out that later gave rise to the movement sufrazhizma.This is very significant for the development of this theory, because even many of those who shared the position that certain privileges are an integral part of human nature, in practice, when dealing with a society where different groups of people have opposite interests, justified precisely those lawsthat protect the powers of the ruling parties and classes.Therefore, in the XIX century, when this understanding of the structure of human society has been realized, the concept of natural and positive law began to openly confront each other.
Defending priority norms and ideals of the law "by nature", the philosophers were often based on the notion of good and not good.Natural law in the classical and in the modern sense is a set of these types of goods that can not be reduced to each other or to some other elements.Life, dignity, sociality, freedom, and other such things, and rules of conduct must be provided in a complex man, so that he could live, not to exist.One can not be neglected for the sake of another, because they "work" only in the aggregate.They can not be taken away as punishment or to give up any of them.Only then achievable good.Positive theory is based on the "benefit", ie, on the idea that it is possible to sacrifice something for the greater good, or something for the sake of the common good.
Hence the concept upon which the natural rights of man, that is, the doctrine of the powers given from birth.No power gave him the privileges he is for them no one is obliged to and did not have to thank.Moreover, neither the state nor the party leader or group of people can not take none of these possibilities, even in the most democratic way.Any alienation of these rights legally could be interpreted only as their violation, which requires recovery.Strictly speaking, the source of these natural powers lies in the concept of dignity is maintained even Jean-Jacques Rousseau, as the property itself is not such, which is inherent in some people and not others, and the common characteristic of all members of the human race, social features.
