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Реферат Whether the Republic needs constitutional justice





by means of choice of the definite plan of action. It is that more, than better people realize their own real possibilities, than more facilities for achievement of the put purposes are in their charge, than in greater measure they coincide their interests with longings of the greater masses of people, public classes and objective tendencies of the public progress. so results the Marxist definition of freedom as cognitive necessity raquo ;, according to which freedom of a person, group, class, and society is not concluded in the not imaginative independence on objective laws, but in ability to choose, ... make decisions [49]. This relative historically, but at the same time real practical freedom of a person to choose its mode behavior in different circumstance entrusts on it moral and social responsibility for their own action. The so-called negative freedom (from deprivations, exploitation, social and national oppression) is the condition of the positive freedom (for creative labor, self-management, all-round development of the personality and etc.). Freedom is not equivalent to arbitrariness. The person is free in his own thoughts and actions not because they are caused by nothing. Caused condition of human thoughts, interests, intentions and actions does not cancel the freedom, since they are not uniquely determined. Regardless of the origin of their purposes and intentions people possess freedom so far as they save the real possibility of the choice and preferences, which objectively corresponds to their interests since external circumstances do not compel them to act notwithstanding their personal interests and needs. Freedom is always concrete and relative. Depending on objective conditions and concrete circumstances people can possess freedom or can be deprived of it; they can possess freedom in one sphere of activity and be deprived of it in another; finally, and the degree of their freedom can be quite different - from freedom in choice of purposes through freedom in choice of facilities of freedom of adjustment and reality.reality freedom is present as the unceasing chain of freedom of the choice, which was realized by people in the past and has brought the society to its given state; in turn, and need is present in freedom as the objective circumstance and can not be carried out into life otherwise as due to free activity of the people. Historical determinism, consequently, does not deny freedom of t choice in public activity of the people, but assumes it and comprises its result. important principal in theoretical plan of the basic principle of historical materialism was the conclusion that rights and freedoms of a person are predestined by the given social system, the level of development of production forces, the degree of cognition of objective processes in nature and society, by the position of a person in the society. Freedom of a person is always only a part of freedom, which the given society disposes as a whole. In scholastic literature of that time there was invariably specified that rights and freedoms of a person is the public phenomena, conditioned by the system of the given society, first of all economic bases and political organization [50]. Only at the end of the soviet power attention of scientists was redirected from bases aspects of freedom to other aspects. So, for V.Kudryavtsev the main thing in freedom is the possibility of choice, the right to act on will, without enforcement [51]. It is natural that in conditions of one-party system, negation of pluralism and paternalistic policy of the soviet state such possibility was greatly narrowed. On the whole, for the soviet political-legal practice it was characteristic essential, in comparison with previous historical epochs, expansion of social-economic elements of freedom of a person under simultaneous narrowing of its political-ideological element.modern period of development of the society is characterized by the new tendencies in realization and perception of freedom. Figuratively speaking, freedom turned out to be in no need. The majority of people did not feel and do not feel the longing to this value and, do not try to reach it as self-purpose and do not clearly what it actually is. For lack of demand on the part of majority of the people freedom as well as in postwar consuming society of the West, and in the soviet society was deformed, the notion of freedom was distorted, it has become to be used not in its true notion , it has been used by those who used arguments about achievement of freedom for achievement of their own personal mercenary and dark purposes. Freedom as the human value has been changed by separate narrow notions, like freedom from the upper dominating class, freedom to enterprise, narrow national freedom, when in the country it is possible to humiliate people, speaking the other language. present freedom is understood in the wrong way. It is supposed, for i...


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