Abstract workvalue of freedom
As historical experience shows, problems of freedom of a person inevitably become the subject of scientific discussion and normative a regulation in the conditions of development of constitutional democracy. And domestic history is the bright example of it: in tsar Russia freedom became the slogan during revolutionary transformations at the beginning of the 20th century; the same slogan arose up in all post Soviet republics, trying to inculcate the ideas of modern constitutionalism in their political legal practice. Thus there appeared plenty of bright formulations and eye-catching epithets concerning the significance and meaningful of freedom, and at the same time sharp lack of its clear legal descriptions. So, the well-known Russian political figure B. Checherin wrote: Only in the conditions of freedom energy of individual can show up in full. In freedom that is the main spring of human perfection, this law acts everywhere [1]. At the same time it is well-known, how distant of freedom there was the Russian empire, to the end of the existence not knowing, what constitution is.this point of view It is extremely important, that the young independent states, appeared on the post Soviet space and being only at the beginning of the protracted way to the construction of free and democratic state, realized expressly, what freedom of a person is, what it should comprise and what responsibilities on the state should be allocated. Thus it should be remembered that the constitutional state is for most the legal state and the legal concept of freedom, suitable for application in law-enforcement activity, is required. For this purpose the definition of freedom should include legal constituents, should consist of legal categories. However this definition should grow from philosophical and sociological concepts should be their projection on the legal plane .concept of freedom of a person in the legal aspect was engendered in the ancient policies of Greece and Rome in V-VI ages BC in connection with the philosophical theories of Platon, Aristotle, Perikl, Demosthenes and other great thinkers of the that epoch about the value of law, with appearance of ideas of democracy and the principle of citizenship. The ancient citizenship is connected with many political aspects of freedom: personal freedom, equal right to the decision of state affairs and participating in legal proceedings, freedom of speech and etc However at that time the ideas of freedom did not get wide world distribution, as they conflicted with the foundations of the slave owning system The ancient man was fully dissolved in the family, community, policy; he was not considered as an independent value, but acted only as the means of providing of prosperity of the proper social communities. Freedom was frequently considered as the possibility of organization of life of a person and the state on the bases of reason despite blind fate. Freedom of a person was interpreted narrowly, as unstay in slavery. The possibility to act at own discretion was wretched: the person was influenced by religious dogmas, communal taboos, will of senior tribesmen, orders of bodies of power, own prejudices, defencelessness, sufficed before forces of nature and etc The state was recognized unlimited; and it was assumed that it can freely dispose of the person, life, property of a citizen; it could order a citizen certain beliefs and to determine storage of his home life. In particular case the power of the state over personality was great in ancient Sparta, and a little bit weaker in Athens, in other Greek states and in Rome. The law of Valery and Horace (449 BC) limited the arrest of the Roman citizen for debts and on other reasons; but it was a private measure, protecting plebeians against patricians, quite not erecting the personal freedom in principle. Even those thinkers of antiquities who especially vividly felt the lacks of the political system (for example, Platon) in the constructions of the ideal state in this regard did not at all overpeered above modern to them concepts and admitted for the state the possibility of substantial encroachment into the personal sphere. Exactly this (to great extent) explains the extreme lightness of transitions in the ancient states from the state of political freedom of a person (ancient democracies) to the state of the cruelest despotism (as, for example, epoch of Sulla in Ancient Rome).the millennium of early dark ages had to be passed, while the ideas of freedom began to sound in the feudal society on territory of the former Roman provinces - in England, Germany, France, and then - on the motherland of ancient philosophy, -in Italy.the philosophical-religious tradition of Middle Ages freedom is the inalienable descri...
