From examining the philosophical and legal concept of the revolutionary doctrine, it is clear that the concepts with which it operates are concepts-schemes. The Russian doctrine applied them to the individual and his everyday relationships. True, she argued that it was nature that required their application. But in most cases, the doctrine did not go beyond general references to the nature of human relationships and the nature of the individual. If, for example, in Larocheuco 1), especially in the methodical Helvesh?) and others, we find an outline of the utilitarian theory of morality and law, then we do not find in them a systematic solution of legal and political problems in a consistent and sustained connection with the founders of this theory. Morality prevailed in them over the philosopher of law and state. That said, not less, the utilitarian principles of Helvesh had a great influence on the English philosophy of law and state, which,
Constant's successors are just as adherents of individualism as he is. But he was not able to decipher this concept, fill it with specific content.
An attempt to decipher the concept of “nature”, i.e. That is, every property is contained in human nature, so that on the basis of them it is possible to explain ethics, law, the state and justify political individualism - says Geremy Bentham.
1) Gez shahiyez. 2) The works mentioned in the previous chapters.
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In our opinion, while preserving the individualistic direction of the 18th century and developing it, Bentham, first of all, made an attempt to systematically connect utilitarian principles with the concepts of law and state. Studying the nature of the human personality itself, its centrifugal and centripetal properties and ascending from them to the comprehension of the laws of social life, this political philosophy remained, in its essence, individualistic.
In comparison with the revolutionary doctrine, the fundamentals have changed, but not in the direction of it. At first glance it seems
It is strange that Terem Bentham, the founder of this philosophy, the critical destroyer of the fundamental principles of the French revolutionary doctrine of the 18th century, was an individualist in the spirit of his writings, and a radical democrat in his political convictions.
In some of his works, Bentham, along with the lawyers of the historical school, seems to be the antithesis of mentioning
| naughty doctrine. Author of a book dedicated to reaction against, political individualism 18 stolfye. Henri Michel classify, for example, Bentham as a reactionary against individualism.
This view seems to us erroneous. Iz
Bentham's school came out by John Stuart Mill, whose work “Op Sheegeu” is the bastion of individualism of the 19th century | lmao. This circumstance alone shows how Mill combined the perceived foundations of Benthamism with his passionate convictions.
defender of the individual and its freedom, involuntarily catches the eye when Henri Michel discusses Bentham’s mentioned qualifications in relation to the direction that interests us.
In the works of D) the English utilitarian, not distinguished by systematicity, put in order by his editor Dumont of Geneva and publisher D. Bowring,
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< | } th it is necessary to distinguish the method, the fundamentals, their development and relevance to the political concept, and finally the spirit penetrating this concept in order to correctly assess the significance of this writer for the issue that interests us. The Parisian professor Elie Halévy, who wrote a three-volume work dedicated to Bentham, "calls Bentham, by the way, a rationalist 2). Indeed, Bentham, in his method, remains to a certain extent a rationalist. But his rationalism differs from the rationalism of the doctrinaires of the great French revolution, who created - He criticized the Declaration. This criticism shows that Bentham did not appreciate the significance of the Declaration in the development of political ideas, related to him in spirit. With his practical and sober mind, he mainly attacked the metaphysical idealism of the French, the inaccuracy and uncertainty of their language. human personality, Bentham borrows his starting rationalistic principle not from the area of abstract, metaphysical ideas, but from the area of observation 3) over the emotional nature of a person. This is to give a concrete and practical character to his moral and legal calculations. In the field of morality, law and politics, according to Bentham, human reason can only be based on the principle of utility (derived on the basis of the universal observation that people behave in the pursuit of pleasure and the avoidance of pain).