NATURAL LAW AND SOCIAL CONTRACT: CONSERVATIVE PHILOSOPHERS’ VIEW (XVII – XVIII CENTURIES)

Yurii S. Kononenko, Sergii V. Dzholos

Abstract


The article is devoted to the clarification of the essence of the conservative versions of the natural law and social contract theories, presented in the works of famous English and German philosophers of the XVII – XVIII centuries, such as T. Hobbes, E. Burke, S. Pufendorf, G.W. Leibniz, Ch. Thomasius, Ch. Wolff and others. The methodology of the research includes dialectic, metaphysics, hermeneutics, teleological, genetical, logical, comparative, historical, and legal methods. The authors say that the theory of natural law and social contract is not only the doctrine but also the approach to the understanding of the political and legal phenomena, which allows justifying the liberal and the conservative view on the state and law. The philosophers of the conservative worldview substantiated that people had handed over their freedom to the state by the social contract. So, the state should have supreme and unlimited power over its citizens, who lost the right of rebellion, but the state aims to ensure the welfare of people. So, the theory of the social contract and natural law may be used to justify the ideas of etatism, paternalism, monarchy, the police state, serfdom, and limitation of human rights, as well as the violent nature of any governance. The authors substantiated, that the theory of the social contract remains relevant to this day, and it may be organically combined with the patriarchal and class-materialist theory of the origin of the state, as well as with the theory of violence.

Keywords


state, law, natural law, social contract, conservatism, liberalism, rebellion, power, violence, welfare

Full Text:

PDF

References


Bobrovnyk, S.V. (2003). The natural law // The legal encyclopedia: in 6 vol. / ed. prof. Yu.S. Shemshuchenko and others. Kyiv: Publishing house M.P. Bazhan “Ukrainian encyclopedia”. Vol. 5. https://leksika.com.ua/18990927/legal/prirodne_pravo

Burke, E. (1790). Reflections on the revolution in France, and on the proceedings in certain societies in London relative to that event. In a Letter Intended to Have Been Sent to a Gentleman in Paris. London: Printed for James Dodsley, in Pall-Mall.

Demydenko, G.G., Petryshyn, О.V. (2009). History of legal and political studies. Kharkiv: Law, 256 p.

Hobbes, T. (1651). Leviathan or The Matter, Forme and Power of a Commonwealth Ecclesiasticall and Civil. London: Printed for Andrew Crooke.

Kormych, A.I. (2009). History of legal and political studies. Kyiv: Legal unity. 312 p.

Kukhta, B. (2003). The Leviathan // Political science. Dictionary: categories, concepts, and terms / edited by B. Kukhta. Lviv: Calvary. p. 218-219.

Locke, J. (1690). Two Treatises of Government: In the Former, The False Principles, and Foundation of Sir Robert Filmer, and His Followers, Are Detected and Overthrown. The Latter Is an Essay Concerning The True Original, Extent, and End of Civil Government. London: Printed for Awnsham Churchill, at the Black Swan in Ave-Mary-Lane, by Amen-Corner.

Moshkovskaya, Yu.Ya. (1965). Leibniz // The Soviet historical encyclopedia: in 16 vol. / Ch. ed. Ye.M. Zhukov. Moscow: The Soviet encyclopedia. Vol. 8. p. 530-532.

Novgorodtsev, P. (1898). The natural law // The Brockhaus and Efron Encyclopedic Dictionary. Vol. XXIV-A. Saint Petersburg. Typo-lithography of I.A. Efron. p. 885-890.

Romanyuk, A. (2003). The social contract // Political science. Dictionary: categories, concepts, and terms / edited by B. Kukhta. Lviv: Calvary. p. 132.

Rousseau, J.J. (1762). Du contrat social; ou, Principes du droit politique. Amsterdam: Éditeur Marc-Michel Rey.

Tymoshenko, V.I. (1998). The contractual theory of the origin of state // The legal encyclopedia: in 6 vol. / ed. prof. Yu.S. Shemshuchenko and others. Kyiv: Publishing house M.P. Bazhan “Ukrainian encyclopedia”. Vol. 2. https://leksika.com.ua/17190303/legal/dogovirna_teoriya_pohodzhennya_derzhavi


Refbacks

  • There are currently no refbacks.