Genesis of human rights development in the modern age

2020;
: 115-119
Authors:
1
member of the NKR Constitutional Court of Ukraine

The article deals with the fundamental and ideological ideas of the most famous philosophers of thіs period. The historical formation of the Human Rights Institute has been explored in the far-sighted ideas of prominent thinkers. Yu. Lipsy in his writings states that natural law is a certain human right to life, which is laid by nature itself. He also devotes his attention to the mind and conscience of a person who, as a judge, is called to determine common sense acts and distinguishes them as immoral and moral. Hugo Grotius, relying on the works of great thinkers of ancient Greece and Rome, such as Aristotle, Democritus, and Plato Seneca, regarded the state as an “instrument” for the attainment of the common good of the people. He was a follower of the idea of natural law and believed that the law was merely a regulator of pre-existing rules, and also denied the rule of democracy, allowing it to manifest itself only in a certain choice as to subjugation in the process of government. The basic idea of Thomas Hobbes is the natural state of man, defending the position on the equality of people, which is embedded in the very essence of nature, both in the physical and mental sphere. The thinker also developed the idea of peace between people and argued that everyone should abide and strive for peace, even while giving up some kind of individual freedom for the sake of “living by the rules”, that is, under the laws created in the state. The ideas that formed the basis for the creation of the human rights institute we have today are analyzed. The genesis of the development of natural law and its influence on the formation of various approaches to determining the place of humans in the state and society are analyzed. It is certified that, in this period, the principles of justice, equality and humanity in the political and legal thought of this period, which are the basic elements in the structure of human rights, had become particularly important. And also, a special place in this period is the right to human life, which thus provides a progressive approach to the human-centric paradigm.

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Turiansky Y. "Genesis of human rights development in the modern age" http://science.lpnu.ua/law/all-volumes-and-issues/volume-7-number-226-2020/genesis-human-rights-development-modern-age