MediaArhiv

Part 7

page 76/124

2) How to characterize this influence this way: “the moral value of a person comes from a natural source.” Neither mental education nor the progress of science and mental development have any influence on it and cannot make a person good. A person who is ignorant and of low origin can be moral, that is, can achieve what neither science, which is on a high level, nor knowledge can give." In these words of Kant (see fragments of the edition of Zevarege. [H. G. $ 241 and Kh. G. 610 g. Kant himself). It is easy to recognize the ideas from the Dijon River. and Emil Russo.

[fragment illegible in the scan of the first edition]

AND HER

— 381 niman!e; With the help of this normative understanding, he snatches the human personality from the realm of necessity and introduces it into the realm of freedom. Thus, Kant was able to outline the moral personality from the perspective of its independent existence. Here we encounter an expression of the same law of the struggle of norm-understandings, which we note on the pages of this essay. In the fight against the old normative understanding that covers the personality and its activity, a new normative understanding is put forward, which, when it comes into conflict with the first, creates the personality, to a certain extent, a support for its independence and independence. Such an individual, i.e. liberating norm understanding, corresponds to a defined environment to which, so to speak, the individual is assigned and in which he finds favorable conditions for the further development of individuality. Thus, even the Sophists contrasted the law of nature with the law of nature - when they defended the autonomous, unbridled will of a strong person. So, they are steadfast, defending the human personality, and behind them the Roman lawyers established, shta auoge Preguise, against slavery and caste prejudices, supported by “rpuay$ 1e2 of”, understood! about citizenship® mgra and understanding about 115 pafiga]e. Thus, Christianism broke the unity of the ancient state, tearing out from it the identity of the religious confessor. Throughout the Middle Ages, when statism and theocratism collided, the Catholic Church always operated on the principle of obedience to God rather than to people when it disobeyed the state. Thus, the reform, turning to the representation of the evangelical community and the direct perception of the evangelical teaching by the individual, tore apart Catholic absolutism. Thus, a natural legal norm was created that put an end to statism, preceded by fog, on the basis of turning to the Stoic idea of ​​natural law and ideas about mankind,

its effervescence and virtues, democratized Christian-

— 382 tism, - which resulted in the revolutionary, American-French doctrine of the declaration, and it is no coincidence that human rights preceded it. rights of a citizen. Kant also took advantage of a similar principle when creating his theory of human freedom in the intelligible world. We have already touched upon in general terms the significance for our problem of this theory, imbued with voluntarism, and now we will only indicate, for the same purpose, the main points of Kant’s teaching on law and politics.

The starting point of Kant's legal teaching is freedom. Whereas in Kant’s teaching on morality, you talk about internal freedom, that is, about a good will that acts morally, regardless of any external influences and relationships, in response to the question: what is law, he must admit that law includes norms for regulating relations between people. Entering into such a relationship, the individual discovers a manifestation of freedom, which Kant calls external freedom. As we said above, understanding the individual, on the basis of freedom, in ethical science remains the same for the theory of law, and therefore freedom, equality, dignity and independence of the individual are recognized as essential for legal definitions 1). In other words, the manifestation of freedom by each individual must be done under the condition of equality, that is, recognizing the same conditions of activity for everyone. From here, Kant derives a legal formula. reminiscent of the one we talked about when analyzing French declarations. “Right is a set of conditions under which the arbitrariness of an individual could be coordinated with the arbitrariness of other individuals, according to the general law of freedom” ®).

The root of law and morality is the same - freedom, but the manifestations of this freedom are different, just as the motivation is different. Right - $11 46 her, Slezsieye, Ze evil eke! the essence of “iva getIsvel A+yIsche” citizens.

[fragment illegible in the scan of the first edition]

[fragment illegible in the scan of the first edition]

|. And in

VSU.