Journal article Open Access

Formation of the Human Rights Institute within a New Time

Yu.I. Turianskyi

The article deals with historical development of the human rights institute through concept positions of the most popular figures of the researched period. Creative heritage of Georg Wilhelm Friedrich Hegel has been analyzed. The subject of his works was a human being, his rights and freedoms as well as the role in the state. According to Hegel the person as a member of society and a part of the state should bear responsibility for his/her acts to avoid general arbitrariness and violation of the rights and freedoms of other people which could have a big impact on the development of the researched institute. John Locke has basic principles of human rights in his works such as freedom, equality and the right to life, the state is some guarantor for achievement of protection of these rights. The philosopher presented a new idea that the person could protest against the government which could not satisfy the interests of population and replace it with a new one which could accomplish this goal. Integrity of the philosopher regarding restriction of the arbitrariness of the state power and its division in parliamentary, federal and executive for satisfaction of people’s interests. Samuel von Pufendorf developed the idea of natural law and duties of the person and citizen. Pufendorf considered representation of natural law in the person’s behavior and friendly features which he/she had and described that he/she had to behave the way to benefit society. Charles Louis de Montesquieu drew particular attention to interpretation of difference between positive and natural law by concluding that (positive) law could be fair only if it complied with natural law. Jean-Jacques Rousseau stated that laws should be created by people to keep the highest virtue which are represented in freedom and equality lying in economic and legal development of the state.  

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