Human freedom is the foundation of the rule of law essay. "Only a strong state provides freedom to its citizens" Jean-Jacques Rousseau

“The true equality of citizens lies in the fact that they are all equally subject to the law” (J. D’Alembert)

The statement I have chosen is devoted to the problem of the rule of law as the main criterion for the rule of law. This issue is as relevant today as ever. The fact is that right now most states are striving to achieve this ideal state of the rule of law.

The figure of the Great French Revolution, Jean d'Alembert, believed that "the true equality of citizens lies in the fact that they are all equally subject to the law." In other words, on the one hand, the author emphasizes the rule of law as a fundamental feature of power and the resulting equality of all before the law and the courts. On the other hand, he says that, in turn, people should also be "subject to the law", that is, they are obliged to reckon with it. I share this point of view and believe that in some way it can be called a formula for a democratic state based on equality and the rule of law.

So, let's turn to the theoretical substantiation of the problem. In modern social sciences, great attention is paid to such a concept as the rule of law. Under it, it is customary to understand the state, limited in its actions by law, subordinate to the will of the sovereign people, expressed in the constitution, and designed to ensure the fundamental rights and freedoms of the individual. In other words, D'Alembert also singles out the basic principles of the rule of law: "true equality of citizens", or the equality of all before the law and the court, and "equal subordination to the law" - the rule of law.

The Constitution of the Russian Federation defines our country as a constitutional state. It formalizes such provisions as the rule of law and the priority of human rights, which exactly corresponds to the formula derived by d'Alembert. However, unfortunately, since the democratic system in our country is young, it is still developing, we can only talk about the initial stage of the rule of law, which has not yet fully developed in the public consciousness.

However, as mentioned earlier, not only the authorities, but also the citizens themselves are involved in the implementation of this formula. If they are not ready for such a system, are dissatisfied with the current state of affairs, or simply do not support the ideas of the rule of law, then we are faced with such a concept as legal nihilism. Under legal nihilism in modern social sciences, it is customary to understand the denial of law as a social institution, a system of rules of conduct that can successfully regulate people's relationships. Such legal nihilism consists in the denial of laws, which can lead to illegal actions and generally slow down the development of the legal system.

In addition to theoretical arguments, we will also consider specific actual examples. Let us turn to the history of the Great French Revolution of 1789, which infected all of Europe with its ideas. The main slogan of the French revolutionaries was the following: "Liberty, equality, fraternity." Moreover, by equality they understood precisely that aspect of socio-political life, to which even in our time the majority of states strive. For the leaders of the revolution, this equality consisted primarily in the equality of rights and freedoms, and therefore in the equality of all before the law and the courts, without which no rule of law state is possible.

Another example is the state of affairs in tsarist Russia. The judicial system at that time was represented by a set of class courts, that is, each class was under the authority of “its own” court, and, of course, the demand was also different from everyone. This is a prime example of a lack of equality in rights. Human rights were vested depending on the position he occupied in society.

You can also give an example from personal social experience. I believe that it is possible to draw some kind of parallel between the state and the school, or even an ordinary school class. Thus, the school class will much more appreciate the teacher who treats everyone equally and evaluates the students in fact, than the one who singles out “favorites” among the students, for whom general laws turn out to be softer. In other words, the first type of teacher inspires respect and a desire to follow the laws in the children, while the second type is likely to lead to the rejection of the norms adopted by this teacher, the desire to violate them out of a sense of contradiction.

Thus, indeed, only that state can be considered a legal state in which the law stands above everyone and everyone is equal not only in rights and freedoms, but also before the law, in court.

I agree with this statement, but I think that the existence of civil society is impossible without the rule of law, and the main feature of the rule of law is the rule of law. That is why human freedom must necessarily be supported by law so that human freedoms cannot intersect.

To understand this statement in more detail, let us turn to the concept of "civil society". Civil society is a society with developed economic, cultural, legal and political relations, independent of the state, but interacting with it, a society of citizens of high social, political, cultural and moral status, creating developed legal relations with the state.

Thus, it becomes clear that civil society cannot exist and develop without freedom.

This is confirmed by history. Until 1945, South and North Korea were one country. But after the defeat of Japan, the US and the USSR signed an agreement on the joint administration of the country, thereby dividing it into two parts. After some time, North Korea became the closed state of the DPRK. The two powers received a certain amount of freedom at the same time. If South Korea has achieved very good heights in the information, technical, medical sphere and the standard of living in their country has risen, then North Korea has remained a closed state with a low standard of living, with a lack of developed industry, medicine, cultural, political and spiritual life. A huge influence on the development of the DPRK was exerted by the political system and its leaders, who did not give freedom to citizens, unlike other countries.


We analyzed the problem, the restriction of freedom in civil society on the example of two modern countries. They started at the same time, having the same culture, economy and mentality at the core. And now we can observe a colossal difference in the development of civil society. Some had freedom and some didn't.



In his statement, B. N. Chicherin touches upon the problem of the essence of civil society. In his opinion, a positive feature of civil society is the independence of the individual from the state.

I fully agree with the point of view of BN Chicherin. Indeed, a society can be considered civil if it is a set of non-state public relations and institutions. But the existence of a civil society is impossible without a rule of law state, where the rule belongs to the law, which gives the concept of the rights and freedoms of a citizen.

One of the elements of civil society are trade unions. From recent history it is known that in the Arkhangelsk region in recent years, about 274 inspections by trade unions with the participation of the prosecutor's office have been carried out to supervise and control violations of workers' rights.

An important goal of the formation of civil society is mutual assistance in protecting interests in case of infringement of rights. It is known from the media that the society of motorists of the Primorsky region, in order to draw the attention of the authorities to the violation of the rights of drivers, covered the pit on the highway with coins.

Thus, I can conclude that only a dialogue between the rule of law and civil society leads to the realization of the rights and freedoms of the individual.

"In civil society is the main center of human freedom" (B. Chicherin)


Before discussing this problem, let's find out what civil society and the rule of law are. The rule of law is understood as such an organization of political power that creates conditions for the most complete implementation of human rights and freedoms, as well as for the most consistent binding of the mechanism of the state with the help of law in order to protect it from abuse by those in power. Civil society is a set of non-state public relations that express a variety of private interests and needs of citizens in various spheres of life. Based on this, we can conclude that citizens in a state governed by the rule of law have natural and inalienable rights, realize their private interests and goals. And this means that the rule of law is closely connected with civil society.
The rule of law differs from other types of states in some ways: 1) the rule of law in society; 2) inviolability of human rights, their protection and guarantee; 3) separation of state authorities; 4) mutual responsibility of the state and the individual; 5) subordination of national legal systems to international law. If the above principles are observed in the state, then civil society will be the "center of human freedom."

Considering civil society as a system, its relations and institutions can be represented as subsystems: social, economic, spiritual and cultural, political. But these subsystems are conditional, because in real life, they are intertwined into one holistic and dynamic organism.

In support of the above, we can give an example from the history of Russia. In 1993, the Constitution of the Russian Federation was adopted, which testified to the emergence of a rule of law state. It enshrined all human rights and freedoms, and this indicates the presence of civil society in the Russian Federation.

The second example is information from a knowledge area. Citizen N. decided to marry citizen K., they filed an application with the registry office and a month later the wedding took place. In this case, the rights of citizens, which are provided for in civil society, were implemented.

  • Will you be so kind -
    "Citizen's freedom is the basis of the rule of law"
    Provide evidence to support this view.
  • Of course it is. This comes from democratic foundations, if a person has freedom, then there is equality. If a person with other people is equal in rights, he is free and the state cannot dictate his living conditions, then the state can be considered legal. People and society build the state themselves, and what they decide: to be free or slaves and decides whether the state will come out in the end
  • On the Omnipotence of the Majority in the United States of America
    and its consequences
    The basis of democratic forms of government is the undivided power of the majority, since, apart from it, there is nothing permanent in democratic states. ..
    Of all kinds of political power, the legislature best obeys the will of the majority. By the will of the Ameicans, its representatives are directly elected by the people and for a very short term. This forces them to express not only the founding views of their constituents, but also their transient passions. Representatives of the same classes can become members of both chambers, the procedure for their election is the same. In this regard, the legislative body is confirmed by the same rapid and inevitable changes as one single assembly. Having given the legislature such a structure, the Americans will hand over almost all the functions of government to it. ..
    The law did not provide any stability or independence to representatives of the executive power, it completely subordinated them to the whims of the legislature. In many states, the formation of the judiciary was also given to the will of the majority, since it was elected, and in all states the judiciary depended on the legislature: the representatives of the people had the right to annually appoint a salary to judges. ..
    In the United States a habit is spreading more and more which in the end may nullify the possibility of a representative form of government. Very often, when electing a deputy, voters outline a plan of action for him and give him some specific instructions that he is obliged to carry out.
    Alexis de Tocqueville
    1. What are the three branches of government named by the author?
    2. With what words does the author characterize the connection between the legislative and executive powers, and with what words - the legislative and judicial?
    3. Formulate any three principles of political power that are described in the text. Name an additional principle of democratic power not mentioned in the text.
    4. The author writes that the best thing is to obey the will of the majority of the legislature. Based on the text and knowledge of the course, give two arguments that can support the author's point of view.
  • 1. Legislative, judicial and executive
    2. The law did not provide any stability or independence to representatives of the executive power, it completely subordinated them to the whims of the legislator. In all states, the judiciary depended on the legislature (people's representatives had the right to annually appoint a salary to judges)
    3.-representatives of the legislature are elected directly by the people. -the rulers of the legislature are elected for a very short term, and in an effort to be re-elected, express the views of their constituents. - when choosing a deputy, the voters outline a plan of action for him and give instructions that he must carry out.
    4.-separation of powers into legislative, executive and judicial. - bicameral legislature
  • Aristotle, discussing the role of the state in economic affairs, noted that "the goal of the state is a joint promotion to a high quality of life." Do you share this point of view? Justify your answer.
  • I share ... since the state benefits from the fact that people in this state have a high quality of life ... that is, when people feel good in it ... and the benefit lies in the fact that people do not create revolutionary parties that can later overthrow the old state and establish a new one ... according to them opinion that creates a better, higher quality of life. ..

    The state should support the economy, which in turn improves the quality of life of the population

  • What is religion? How did you understand the expression: religion is a system of beliefs and actions, with the help of which the fundamental questions of human life are solved? What are the issues? Does mythology exist today? Do you believe in it? Prove your point. describe fetishism! Give examples of its manifestations today! When and why did animism appear? What religions are called world? Are beliefs and religious belief different? And where would you believe in UFOs?
  • Religion is a special form of understanding the world, due to belief in the supernatural, which includes a set of moral norms and types of behavior.

    This means that there are many religions and each person has his own duties that she "interprets" i.e. It obliges one or another person to comply with these rules. Questions are resolved in a moral sense. Mythology exists, but I don't believe in it. .. The fact that all the developed countries of the world believe in one God. As for fetishism, the answer is simple, for example, Lenin in the mausoleum. The communists believed in him that he would soon rise again, this means faith in some subject. ..

    When did animism originate? This is when a primitive man believed in spirits, etc. And why, because they believed that every animal has a soul, and if it is correctly influenced, for example, to draw and pierce it, then you can believe in a successful hunt. Religions are called world, which means that most of the world professes a particular religion. Belief means just believing, and religious means believing and trying to support it.

    I would classify belief in UFOs as mere beliefs. ..

  • Help with social studies

    #1 What Kinds of Democracy Are There? How do they differ?

    #2 What distinguishes the state from other political organizations?

    a) the exclusive right to make laws;

    b) determining the prospects for the development of society;

    c) development of political programs;

    d) promotion of political leaders;

    #3 What conditions determine the citizenship of children?

    №4 Can we say that when deciding on the citizenship of children, Russian legislation seeks to take into account the interests of the child as much as possible? Argument your point of view.

    №5 A citizen of the Russian Federation married a citizen of Spain, they had children in Russia. A few years later, the couple divorced, the father left for his homeland. The mother and children remained in Russia. Children are considered citizens of what state?

    #6 What are the main principles of law enforcement?

    №7 What types of human rights and freedoms do you know?

    №8 What distinguishes the constitution from other normative legal acts?

    №9 What is the object of civil law relations?

    №10 What types of subjects of civil law relations do you know? What characterizes each of them?

    #11 What is the legal meaning of a family?

    #12 What are the political rights of a citizen?

    a) the right to privacy

    b) the right to apply to the authorities;

    c) the right to protection of motherhood and childhood;

    d) the right to freedom of creativity;

    №13 What is the economic rights of a citizen?

    a) the right to free choice of profession;

    b) the right to apply to the authorities;

    c) the right to social security by age;

    d) the right to a healthy environment;

    #14 Which of the following is a crime?

    a) causing grievous bodily harm through negligence;

    b) consumption of narcotic drugs without a doctor's prescription;

    C) campaigning for a candidate during the period of its prohibition;

    d) evasion of compensation for property damage;

    №15 Guess why the period of conscription in the army is counted in the insurance experience.

    No. 16. Explain why caring for a disabled person of the 1st group, a disabled child, a person over 80 years of age is included in the insurance experience.

    Thank you sooooo much in advance!

  • Dominant branch of government

    parliamentary democracy. The government is appointed by the legislature. The government and its head (prime minister) may also be accountable to a ceremonial head of state (monarch, president, or special body). In a parliamentary republic, the head of state is periodically elected by the parliament, or this position is combined by the chairman of the government. Presidential republic. The President is directly elected by the people and is the head of the executive branch. there are also mixed systems.

    Regional hierarchy of power

    unitary state. Political power is concentrated in the hands of the central government, which determines the scope of power of regional authorities. Federation. According to the constitution, power is divided between the central government and the relatively autonomous regional governments.

    Structure of the legislature

    Unicameral Parliament. Normative acts are adopted at meetings with the participation of all members of parliament. bicameral parliament. The Legislative Assembly consists of two chambers, which are formed and function separately. Some regulations may require the approval of only one chamber, others - both chambers.

    The system of elections to representative bodies

    Majoritarian electoral system. The territory is divided into districts, each of which has the right to one representative in the legislative assembly. The candidate who receives the majority of votes becomes the deputy. proportional electoral system. Political parties in the legislature receive a number of seats proportional to the number of votes they collect. Group electoral system. Certain groups of the population nominate their deputies according to a pre-negotiated quota.

    Number of leading parties

    Two party system. The political spectrum is dominated by two major parties. Multi-party system. The appointment of a government is usually preceded by the formation of a ruling coalition of two or more parties represented in the legislature.
  • Choose one of the statements below and state your thoughts (your point of view, attitude) about the problem raised. When completing the task, use the relevant concepts of the social science course and, based on the knowledge gained in the social science course, as well as the facts of social life and your own life experience, give the necessary arguments to justify your position. The brighter individuality manifests itself, the more it strives for unity with everything that exists. (R. Tagore.) The higher the position of a person, the more stringent should be the framework that restrains the self-will of his character. (G. Freitag.)
  • The higher the position of a person in society, the more stringent should be the framework that restrains the willfulness of his character. In my opinion, the greater the speed, the more powerful the engine in the car, the more experienced the racer should be, and in life, when they put a person in leadership positions, he must correspond to his position; he took care of himself but also stole money from the state, he used the position from this, that’s all, and if such officials are like that, then what kind of state can there be a little war and everything will never happen to defeat, responsibility must be at the highest level

    A person with a high position in society should always look appropriate for his rank - this is an old and well-known truth. But from my personal point of view, this truth is long outdated)
    In the modern world, character is a kind of brand and with its help it is quite possible to reach certain heights. In your work you should bring a small share of your character and then your achievements will take on a more colorful look)
    Thus, your brand or other type of work will become more interesting to people and you will become more respected in society)

  • Compare two statements: “What are kingdoms (states) without justice, if not big bands of robbers? .. There can be no law where there is no true justice. cannot be done rightly" (Augustine (354-530), Christian theologian) "From the standpoint of legal science, the right under the rule of the Nazis [we are talking about the German fascists] is the right. We may regret this, but we cannot deny that it was right. We may feel disgust towards it, like... To a poisonous snake, but we cannot deny that it exists "(G. Kelsen (1881-1973), Austrian lawyer) What is your attitude to these statements? Explain your point of view. From what positions do you proceed in your assessment? What is your attitude to these statements? Explain your point of view. From what positions do you proceed in your assessment?
  • Here we have collected 2 statements in one it says that there should be justice in everything without it, there will only be destruction and there will be nothing good, and in the second justice is different and this is an example of the fascists who wanted to create their nation with a pure fair current, but the ways of creation are different for everyone).

    In my opinion, of course, 1 statement is more appropriate in our time, because there must be fair, there must be a law and everyone must comply with it, without it there will be only robberies and robberies. But if we analyze the fascists, after all, the goals they had were just good to create a single nation and a pure current, because they chose the paths of realization for everyone by means of murders, which is not good).

  • compare 2 sentences

    1. "What are kingdoms (states) without justice, if not big bands of robbers? .... There can be no law where there is no true justice. cannot be done rightly" (Augustine (354-530), Christian theologian) 2. "From the standpoint of legal science, the right under the rule of the Nazis [we are talking about the German fascists] is the right. We may regret it, but we cannot deny that it was right. We may feel disgust for him, like ... for a poisonous snake, but we cannot deny that it exists "(G. Kelsen (1881-1973), Austrian lawyer) What is your attitude to these statements Explain your point of view. From what positions do you proceed in your assessment?

  • In the 1st point of view, we are talking about justice, of course, there should be fairness, but as long as it does not threaten everyone, the 2nd points of view seem to be intertwined in the second point of view, justice turned into aggression against the whole world; you rightly pass a verdict so that there would be no robbery and no house, but it’s another matter when under justice people hide behind to kill

  • Law as a social regulator is, first of all, an instrumental value, that is, a value that acts as an instrument, instrument, means that ensures the functioning of other social institutions. However, it is important to emphasize that the right has its own value. In the most general way, the intrinsic value of law can be defined as the expression and personification of the right of social freedom and activity of people on the basis of orderly relations and in accordance with justice, the need to harmonize the will and interests of various segments of the population, social groups.
    Even when the law acts as the right of the strong or the right of power, when its content often does not correspond to the needs of progress in its main characteristics, it still represents a socially valuable, albeit extremely limited, phenomenon in comparison with what opposes it. - with arbitrariness, with self-will, with the subjectivism of individuals and groups. After all, social freedom and activity of people can have a different character. Unbound by law, outside of law, they can develop into arbitrariness without barriers. In law, social freedom and activity to some extent reflect the unity of freedom and responsibility, exist within the framework outlined by law, in combination with legal obligations. The inherent value of law is directly conditioned by its social nature and very significantly depends on the stage of development of society, the stage of civilization, the nature of the political regime.
    (S. S. Alekseev)
    Tasks:
    3. The author claims that “… even when the law acts as the right of the strong or the right of power…. It is nevertheless a socially valuable phenomenon. » Based on the text and knowledge of the social science course, give three arguments supporting the author's point of view.
    4. The author argues that the inherent value of law depends on the stage of development of society, the stage of civilization, the nature of the political regime. Based on the knowledge of the social science course, other academic disciplines and social experience, give three arguments that support the author's point of view.
  • 3.

    1) Even when the law "works" not to its full "power" determined by historical conditions, and, moreover, even under authoritarian political regimes, when it acquires a statistic character, it acts as the right of the strong or the right of power, when its content is based on the main its characteristics often does not correspond to the needs of progress, it is still a socially valuable, although extremely limited phenomenon, in comparison with what opposes it - with arbitrariness, with self-will, with the subjectivism of individuals and groups.

    2) After all, social freedom and activity of people can have a different character.

    Unbound by law, outside of law, they can develop into arbitrariness without barriers.

    3) In law, social freedom and activity to some extent reflect the unity of freedom and orderliness of social relations, responsibility, are embedded in subjective rights, exist within the framework outlined by law, in combination with legal obligations, in conjunction with guarantees, legal procedures. In this way, they are restrained to the point where freedom and activity can turn into uncontrolled action, arbitrariness, unlimited freedom, chaos.

    4.

    1) The intrinsic value of law is directly determined by its social nature and very significantly depends on the stage of development of society, the stage of civilization, the nature of the political regime and, accordingly, on the stage of its "humanitarian ascent" - the movement from the law of a strong to the law of civil society.

    2) Law by its properties is such a social phenomenon that is caused by the need to introduce normative principles into social life, to organize and order based on the principles of social freedom, activity, responsibility, and therefore, by its nature, it resists arbitrariness and lawlessness.

    3) And it is not at all accidental that in all historical epochs, reactionary political regimes in fact invariably acted as opponents of law and legality. It is precisely as a phenomenon that opposes arbitrariness and lawlessness and at the same time provides scope for orderly social freedom and activity, the law itself occupies a highly significant place in social life, acts as a factor in social progress.

  • Essay. Legal State.

    Many years have passed since the formation of the first societies until today. Naturally, the structure of society, the system of organization of power and the place of man in the state changed. Gradually, having gone through various revolutions, reforms, people came to the concept of a legal state. The idea of ​​a rule of law arose long ago, but a holistic concept took shape only during the formation of bourgeois society, when all-round criticism of feudal arbitrariness and lawlessness intensified, and the irresponsibility of government bodies to society was resolutely condemned. The ideas of J. Locke, C. Montesquieu and other thinkers were embodied in the constitutional legislation of the United States and France at the end of the 18th century. The very term "rule of law" was established in German literature in the first third of the 19th century.

    The rule of law is a form of organization of political power in the country, based on the rule of law, the rights and freedoms of man and citizen. The definition of “lawful state” in essence gives us an understanding of how a person should live and develop among other people. In a state of law, everyone obeys the laws, everyone without exception.

    In the Russian Federation, the term “rule of law” is used, which means that the law is recognized by society as one of the most important values, it is necessarily and fully implemented, regardless of the goals that the state, organization or citizen sets for itself.

    According to the Constitution of the Russian Federation, Russia is a constitutional state. That is, we must understand that we live in just such a state, but many do not think so. We do not recognize the law as the highest value, that's for sure. Probably the reason lies in some of our national characteristics.

    According to statistics for 2012, Russia ranked only 86 out of 97 in the ranking of the most legal states. Therefore, it is too early for us to say that we have built a real legal state.

    One of the signs of the rule of law is the equality of all before the law. But we have certain categories of the population who do not believe that they are under the rule of law. That is, they exist, as it were, independently of the law. We can refer to such people officials who took bribes or take them until they were caught, that is, being in power, they must comply with the law, but they go against it for their own benefit. Of course, many have already been caught and punished, but how many such people have not yet been discovered. It turns out that if you are in power, you do not obey the laws? Well, some people think so, and the most offensive is that they sometimes receive too simple a punishment. For example, the former head of the Nazarovo administration, Igor Sukhorukov, who was convicted of bribery, was left at large. He was sentenced to a large fine - 3 million rubles, as well as deprivation of the right to hold positions in government for 3 years. In general, this sign is not yet completely fulfilled in our country, if only because we hear about such cases too often.

    Every citizen of his country has the right to freedom and protection of his rights, and this is precisely what the rule of law highlights, which Robert von Mol speaks of in his statement.

    To confirm the correctness of this statement and our point of view, let us turn to the theory from the course of social science. The rule of law is a state based on the rule of law and law, the main activity of which is the recognition, observance and protection of human rights. Its main features are guarantees of human freedom, the rule of law and rights, mutual responsibility of citizens and the state, separation of powers and a democratic regime.

    Let's take an example from a history course. In our country, in Russia, there is protection of human rights. Everyone in our country has a certain freedom, which our state gives us. Accordingly, Russia is a state of law, and it follows from this that human freedom is directly related to the rule of law.

    Let's give a similar example, only from a geography course.

    Sweden is a legal state in which the protection of the rights and freedoms of the inhabitants of this country is carried out. In this country, not only people are protected, but also animals, where their rights and freedoms are valued, which undoubtedly makes Sweden a true representative of the rule of law.

    Let us conclude that the rule of law state would not be legal if it were not for the freedom that the state gives citizens.

    Updated: 2019-05-05

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