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— 323 individual. Thus, what Othman was found in historical institutions as the basis of the freedom of citizens was expressed in terms of the doctrine of natural law; They called the ancient liberties of the people natural freedom. R1astsa og@tiat, parliamentary decrees were specific expressions of such liberties on the basis of the primordial customs of the country. The idea of natural freedom found its realization in political society with the help of an agreement between the king and the people with the dominant fate of God (this element was introduced under the influence of medieval religious views). The historical series of ideas about liberties corresponded to the theoretical series of ideas about natural freedom.
The guarantee of the first was the ancient customs, the guarantee of the second was the agreement --- a form of transition, according to the more methodical theory of the 17th century, from zfa$ pabagai$ to $$ su.
A common feature of the ideas about liberty and freedom is the inviolability of their recognition.
Only in the first case, based on the inviolability of serving the history of the people, in the second - an agreement. Obligatory unanimous demand of your science teachers executive contractual law school. (We note that the same requirement is being adopted with the same unanimity by the newest theorists of anarchism).
In the 17th century, the natural law doctrine, translating into its own language the understanding of the primordial customs of the country, guaranteeing the freedom of the people, which is clearly associated with natural freedom, proposes for this concept a term adopted by the science of state law: 1ex #n4asheshay$. In Holbach we find the concept of “101 paasheta!e” organically connected with the concept of the primitive contract (667% ots pop 6sr!). Paying tribute to his vision, imbued with rashonalism, he elevates the basic laws not to the distance of times and traditions, not to harmonies (aah fta@01z, aph sVag{ez), but in
A lamtse d.
the spirit of the natural legal doctrine, “towards our inalienable rights, i.e., to reason, to eternal justice (& 1a taisop, & 1a azse @erne" ').
We stopped at this point, studying Holbach with TFM, in order to indicate the connection between the fundamental laws (in the new terminology: written constitutional theories) and the teaching of the natural law school about innate freedom, which becomes the leitmotif of the declaration of rights).
Basic laws have their source in the contract. The agreement, race Yun4ateshae, sototasfis oteshag!az, is concluded by subjects of natural rights. In the understanding of Holbach and his predecessors, fundamental laws serve as a curb on the arbitrariness of power, which is opposed to inalienable rights of the people. In such an understanding it is not difficult to discern the tendency of the teaching about legal resistance to tyrants. We saw a sharp expression of this teaching in the theory of tyrannicide
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Instead of this constant threat to absolutism, which the English Maspa Opatea legally enshrines in Article 61 (releasing subjects from the oath to the king in case of violation of the treaty), i.e., instead of the threat of force, a check on power is formed in the form of a constitutional guarantee or fundamental law. That the origin of the fundamental laws and the written constitution is intimately connected with the emancipatory motives that were set forth by the tyranomaches, in the form of references to natural freedom and equality, among other things, is clear from the fact that the first actually written constitutions of the American states are called “declarators of rights.”
1) buzeshtb zochae s. G.
2) Let us note that modern German writers call individual rights the term “otapages ve”. Wed. also the first American declaration of the State of Virginia. Modern states see only basic laws as a tarant! and rule by minorities, against unlimited power mostnetva).
ZONE