PHILOSOPHICAL AND LEGAL CONCEPTS OF THE ORIGIN AND DEVELOPMENT OF LEGAL STATE

Abstract

The article considers the philosophical-legal concepts of the origin and development of law in the history of philosophical thought. It is concluded that in Ukraine increased confidence in the need for the study and implementation of this concept in practice. The Constitution provides a new stage of development of doctrines of legal state in Ukraine. The idea of a lawful state have arisen in Antiquity. Even the ancient Greek philosopher Plato in his famous dialogues «State», «Politician», «Laws» and the like wrote «I see close destruction of that state where the law has no force and is under someone’s power». Accordingly, where the laws are in the interests of a few people, we are not talking about a state system, but only about internal disputes. A theory that inevitably comes, according to Plato, to replace democracy, «intoxicated» freedom is unwavering», when too much freedom turns into excessive slavery is the worst form of government. Where the reign of lawlessness, arbitrariness and violence. «Just there», said the Plato, where the law – the Lord over governors, and they are his slaves, I see the salvation of the state and all the benefits, which can only give the state the gods». Similar ideas, which laid the Foundation of the theory of the legal state, has developed Aristotle, Cicero, the philosophers of the middle Ages, and modern times. A special role in the development of the doctrine of the rule of law applies to the Grotius, Hobbes, D. Diderot, Montesquieu, T. Jefferson, J. Locke and others. One of the first who gave theoretical justification of a democratic state Would. Spinoza. Being bound by laws, the state provides a valid rights and freedoms of man. Spinoza argued that the state is powerful only when it guarantees to every citizen not only save lives, but also the satisfaction of its interests, and warned rulers against encroachments on the property, security, honour, freedom and other good subjects. With a philosophical basis for the theory of the legal state were made by Kant, who repeatedly pointed to the need for the state to rely on the law, to strictly coordinate its actions with the law constantly focus on the right. Hegel argued for this reason that such States precede the development of civil society. The concept of legal state adhered to by the supporters of legal positivism. Of great importance for the improvement of the theory of the legal state are the works of domestic authors. (О. P. Zayets, O. V. Skrypniuk, R. F. Grinyuk, I. Gumenyuk, S. I. Maksymov, M. Tsymbalyuk, etc.). But these studies are insufficient, especially because longstanding traditions of the legal state of Ukraine has not yet acquired. In Ukraine there is no tradition of a lawful state, however, the proclamation of her like this.