Human freedom from the point of view of social science. Dictionary of social science. How freedom is interpreted in Christian doctrine

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Freedom is a conscious need

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We end the essay with our own conclusion based on a paraphrase of the quote. You can give your own attitude to the author’s thoughts at the beginning, in the middle, and at the end of the essay.

I completely agree with the thought of the great philosopher. Indeed, restricting the freedom of an individual within reasonable limits is the protection of society from arbitrariness, impunity, and chaos in social life.

And this is what our view of the philosophical problem of freedom looks like, supported by knowledge of theory and philosophical concepts:

29.1 Philosophy.

“Freedom is a conscious necessity” (G. Hegel)

I see the meaning of the statement of the great German philosopher Hegel in the fact that a person cannot behave as he always considers necessary. His activities are limited by the framework of society, and he cannot go beyond them in his actions. The main idea of ​​the statement is the dependence of human activity on the foundations of society.

What is freedom? This is an opportunity to act independently, independently, relying on your own strength. A slave is not free, he depends on the will of his master.

What's happened necessity? This philosophical category can be understood in different ways. We cannot live (be free) without air (having it is a necessity).

These are our responsibilities, something without which there is no freedom. For example, the Constitution of the Russian Federation contains a list of not only the rights of a citizen, but also his duties. These are natural rights - to life, freedom, property, and political (to elect and be elected, to participate in government, to administer justice), and socio-economic (to work, education, medical care).

At the same time, obtaining basic general education for every citizen of the Russian Federation is a constitutional duty. And the simple need to have the knowledge necessary to live in modern society.

The concept of freedom has been found in many philosophical concepts. For example, in the theory of “social contract”, when creating a state, people consciously give up a part of their freedom in order to avoid mutual extermination. They obey the norms of state law - laws, and then they become in the full sense free - from the arbitrariness of others.

But the anarchists (Bakunin, Kropotkin) believed that the state does not allow a person to be free, so it must be destroyed. People will be able to live freely on the basis of mutual love. In 1874, the populist revolutionaries organized a “going to the people” of educated youth and students. They tried to explain to the peasants that the state had deprived them of their freedom through the enslaving conditions of the peasant reform. They agitated the peasants to rebel, not to pay taxes and redemption payments. But, they did not meet with sympathy, the movement failed. But it became one of the forms of struggle for “freedom” in the understanding of the intelligentsia of the 19th century.

What if a person is not limited by anything? What if he behaves completely freely? I think this is permissiveness! We see what a false understanding of freedom has led to today in Ukraine, where the country is falling apart, violence and crime reign in the streets.

Let us recall the character of Dostoevsky’s immortal “Crime and Punishment” - Raskolnikov. He posed the question for himself: “A trembling creature (not free) or do I have the right (free)?”, and answered it by killing a man. Has he become free from his conscience, hard labor, public contempt? No! He still had to eventually submit to the demands of society, repent and come to terms.

I completely agree with the thought of the great philosopher. Indeed, restricting the freedom of an individual within reasonable limits is the protection of society from arbitrariness, impunity, and chaos in social life.

Note that with the help of an essay you can work through not only the philosophical problematic topics of the codifier. But also any topic. Understanding the problem expressed in an essay on the topic is an indicator of a high level of mastery of the material. All that remains is to choose the right quote for training, which we are ready to help you with in the comments, as well as in our group

Absolute truth is a once and for all established truth that has no refutation, the limit of human knowledge in the process of cognition. Absolute truth can always turn into relative truth if new knowledge arises. Abstract theoretical thinking is a type of thinking in which a person relies on strictly scientific data, using them in his life, and sensory-concrete thinking is a way of reasoning based on religious ideas, faith, and their preference over abstract-theoretical thinking. Abstraction - abstraction "Freedom is a philosophical category in social science. Among philosophers there is no unambiguous definition of the term "freedom". Freedom is a form, a type of human behavior, determined by him, a person, for himself on the basis of worldview, conviction and faith. In the ordinary sense freedom can include independence in thoughts and judgments, the ability to express one’s opinion, freedom is a responsible attitude towards one’s actions, freedom - the right to do what is not prohibited by society (law, law). under different circumstances, to have the right to choose actions (means) to achieve a goal. In cases where a person’s behavior can be defined by society as negative deviant behavior, society gives itself the right to limit a person’s freedom by limiting his rights by moral norms or norms of written law. Freedom is not only a philosophical category, but also an economic, social, political, spiritual category; but in any case, this is a choice of rational ways to achieve the goal, rational, that is, not causing damage to society, but contributing to its improvement. from the specific properties of an object in order to see new significant connections within the object and between objects. Activity - in the dictionary of foreign words - is energetic, intensified activity, from the word “activus” - active. But in social science, this is a process that does not always give a specific positive or negative result, which allows a number of social scientists not to consider communication as a type of activity, but only as an activity, since communication can be pointless. Analysis is a method of scientific knowledge based on the decomposition of the whole into individual components. Administrative Code - legal norms regulating activities in the field of management; the code regulates social relations arising in the process of organizing and executive-administrative activities of public administration. An administrative offense is always related to management. Administrative legal relations - that is, considered in accordance with the requirements of the administrative code. Authoritarian - the principle of government, based on unquestioning submission to power; the regime does not tolerate opposition. Authority is a generally recognized value, recognition of a person’s merits by society. Arbitration court is a court for property disputes between business entities (legal entities). Adaptation is habituation. Aspect is the point of view from which an object is viewed. Basis - the economic basis that ensures the survival and development of society. The base is priority, the superstructure is secondary. The superstructure is the political (ideological) component of society, in other words, what ensures the effective existence of society (including the base). Budget - list of expenses. Spending plan. Veche is a national assembly in ancient Rus'. Faith is a form of worldview that consists of a person’s ideas and beliefs about the world. Formed under the influence of religious, political or other beliefs about an ideal society. It is expressed in the individual’s beliefs that the world needs to be changed or preserved on the basis of his existing principles and ideals. Perception is a reflection of objects and their properties in the form of a holistic image. Sensation is a reflection in the cerebral cortex, in the human consciousness, of individual properties of objects and phenomena. Representation is the preservation in memory of a generalized sensory-visual image of an object. Hegemony - from the Greek hegemonia - domination, leadership, primacy, predominance; in Marxism, hegemony is the leading role of a social class, for example: the hegemony of the proletariat. A hypothesis is a scientific assumption put forward to explain a phenomenon, requiring verification at the empirical and theoretical levels. Globalization is the processes occurring in society and associated with problems that arise in the course of uniting the efforts of peoples, society as a whole, on a planetary scale to solve economic, environmental, political, communication and other problems. Global problems: a colossal gap in the development and well-being of the regions of the planet, problems of war and peace, the state of the biosphere, environmental problems. A state is a political territorial organization that has the following characteristics: 1. Sovereignty, 2. The presence of special governing bodies, 3. Monopoly right to establish laws (legal norms) that are binding, 4. Monopoly right to establish and collect taxes, 5. Monopoly right to use violence. 6. The presence of the institution of citizenship. Only the state has the right to implement economic, social policies, cultural and ideological policies within the framework of sovereignty. State (oral sample) - 1. The state is a political system based on the management and subordination of society to the laws created by this state. 2. Management and subordination are carried out on the basis of the ability to issue laws, control their implementation, and punish for non-compliance with laws. That is, to implement three forms of power: legislative, executive and judicial. 3. The political system can be implemented through dictatorship or democracy. 4. Dictatorship is power concentrated in the hands of one person, one narrow group, party, seeking to realize this power through violence, thereby suppressing the opposition within society. 5. Democracy is a form of government based on the power of the people, that is, the election of representatives of the branches of government (most often only the legislative one). In a democracy, all these branches are interdependent, but some primacy is still given to the legislative power. 6. Among democratic states, the following forms of government are known: monarchy in modern society (Sweden), constitutional monarchy (Great Britain), parliamentary republic (Austria), presidential republic (USA), mixed subnational republic (RF). 7. Dictatorship - authoritarian or totalitarian. Both forms can be represented by military or civilian regimes: fascist, Bolshevik, nationalist, or others. 8. State: unitary (France), federal (union) - primarily the USA, confederal (union with limited general structures of power). 9. The legitimacy of power in the state is the support of the government by the majority of the population. 10. Conclusion - the state is, first of all, a coercive apparatus, the only difference being who carries out this coercion: the individual (party) or society itself (democracy). The state is a political system capable of organizing society itself for its best management. The state ensures the integrity of society as a system. The characteristics of a state are sovereignty, power, laws, the apparatus of violence and the administrative apparatus. Power controls the economic, social, political, spiritual subsystems through persuasion or the use of force (the threat of force). Power in the state establishes the level of subordination of some members of society to others, their rights and responsibilities. Power in the state is considered legitimate when it is supported by the majority of the population. The exclusivity of such a political system as a state lies in the fact that it is 1. a system of power - the right to make the necessary laws, 2. the right to demand the execution of published laws, 3. the right to punish those who seek to violate adopted laws, 4. the right to form an image thoughts of the citizens of the state. Humanization of labor is the process of creating working conditions that, without reducing production capabilities, would not harm human health. Discipline is a certain order of people’s behavior that meets social norms, as well as the requirements of a particular organization. Discipline can be: 1) military; 2) state; 3) contractual; 4) labor. Contractual discipline is the degree of determination of the mutual obligations of the parties assumed in the process of industrial relations. Declaration - 1) a solemn proclamation of the principles and the name of the document in which they are set out, 2) a statement on behalf of a party, organization, state, 3) a statement submitted to customs for the transportation of goods, valuables in a specified quantity, etc. Declaration - voicing or written indication of your intentions; for example, the Universal Declaration of Human Rights (a document adopted by the UN) speaks of the human right to protection from all forms of discrimination. Deviant behavior - from the Italian word "via" - road, deviant, that is, "off the road", that is, deviating from the main road, not the same as everyone else. It can be positive - collecting and negative - drug addiction. Deviant behavior or deviating behavior is behavior that does not correspond to social norms and can be positive or negative, for example + collecting, inventing; - offense, etc. Deduction is a logical inference going from the general (general judgments) to a particular conclusion. Demography is the science of population and its changes, demographic - describing the population, its ethnic essence, numbers, gender, age composition, etc. Demography - literally: description of people, a science that studies the settlement of people, their composition, numbers. Dumping - dumping, that is, dumping; waste export. Export of goods at reduced prices, lower than within the country or on the world market. The purpose of such actions is to ruin a competitor and take away the market for the product. Activity - a form of activity inherent only to man, consists in transforming the surrounding reality; produced by the subject and directed at the object. The subject sets a goal and determines the means to achieve it. The goal is motivated by consciousness and subconsciousness, while consciousness acts on the basis of 1) needs, 2) beliefs, 3) interests. There are the following types of activities: practical and spiritual; work, play and special - creative. Activity is a transformative activity peculiar only to man and aimed only at changing the conditions of existence. In the process of activity, a person acts as a subject influencing an object using means (actions, deeds, objects, etc.) to achieve a goal. During such influence, a person performs actions that lead to a result (expected, niche or higher than expected). Human behavior in the process of activity consists of actions. The basis of any action is motivation - the need for action. Needs are physiological, existential, social, prestigious and spiritual. Needs are based on beliefs (strong views about something) and interests (the desire to change or maintain something). All this can be realized through practical, spiritual, creative, work and play activities. Dictatorship is a regime, a form of government, a form of political power based on the unlimited powers of the leadership, party, and individual. Discrimination is oppression on any basis. Differentiation - from the Latin "difference", the division of a whole into parts, forms and degrees. The difference between one group and another, when it comes to dividing society by income, level of education, and types of activity, we must talk about stratification, since differentiation is not a group, but the difference between one group and another based on specific characteristics. Democracy is a social system based on the election of power, on providing the population with broad democratic rights and freedoms, first of all, the right to elect and be elected to legislative bodies, freedom of speech, press, assembly, freedom of conscience, etc. Delink v e n t o e - from the word “delin k v e n t”: offender, rebel, criminal; that is, delinquent - otherwise, criminal. Dualistic monarchy - from the word “dual”, in this type of state the monarch appoints the government, independently of parliament, and adopts regulations with the consent of the government. Spiritual-theoretical activity is a form of activity inherent only to man and expressed in the generalization of accumulated experience and practice; reflection of objective patterns of development of society and personality through intellectual work - the formation of ideas, theories, hypotheses, that is, through the reproduction of intangible values. Spiritual-theoretical activity seeks ways to form or change the consciousness of the individual. Spiritual-practical activity is a form of activity inherent only to man and expressed in the generalization of accumulated experience and practice; reflection of objective patterns of development of society and personality through the practical application of theories developed in the course of spiritual and theoretical activity and applied by spiritual and practical activity in practice. Spiritual consumption is the use of spiritual values ​​or spiritual benefits obtained in practice that a person feels the need for, that is, in knowledge, the desire to act, in communication, in aesthetics. "Greens" is a political party that sets as its task the formation of a government that would pay maximum attention to the struggle for the protection of the environment and nature. Currently, the Greens do not have a majority in the political structures of states, but their influence is growing. Ideals are what a person sees as the perfection of nature, society and personality. The ideal is the highest final goal of aspirations and activities in the transformation of nature, society and personality. Inventive activity is a creative process, as a result of which something new is manufactured that has significant technical differences compared to previously manufactured devices in the same field of science. Investment - or investment, investment of funds for the production of something. Individuality is the unique identity of a person, a set of his unique properties. An individual is a person as a biological species, with certain characteristics common to all people. Induction is a logical conclusion based on the process of cognition going from the particular to the general. Deduction - from general to specific. Integration is the process of joining forces to create something whole from individual parts. Integration - literally: restoration. Integer - whole. Internationalization is the strengthening of common characteristics, including cultural ones, among different societies, peoples, layers, classes. Internationalization is intensifying due to globalization, global division of labor, etc. Interpretation is the interpretation of the meaning of a word. Intuition is knowledge that arises without awareness of the ways of obtaining it, insight; usually intuition occurs in a person who persistently deals with one, or less often several, problems that he knows thoroughly. In other words: intuition is an area of ​​the subconscious, that is, the process of comprehension occurs at the level of the subconscious, uncontrolled by consciousness, hence insight. In fact, intuition and insight are impossible without detailed knowledge. Infrastructure is an internal component of something, components of something, including society. Ideology is a thought, a direction of thought towards conservatism, liberalism, socialism and other paths of social development. Truth is immutable knowledge, that which is beyond doubt. Truth can be absolute or relative. Absolute - once and for all established and proven truth. Relative - truth that is or is considered true until proven otherwise. The historical process is the path of human development, which consists in expressing the results achieved in the course of the activities of subjects in the economic, social, political and spiritual spheres. The most significant subjects of historical activity are: Marx, Klyuchevsky, Herzen and Berdyaev. Those who believed that the people are a conservative subject of history, aware of themselves as a single whole, with common thinking and traditions. Capital is value that produces surplus property or profit. Caste is a closed social group, isolated from others, whose isolation is supported by tradition, and less often by laws. Class(es) - a public social group or institution, the formation of which begins in the era of capitalism, i.e. with the beginning of the industrial stage of economic development of society. The main distinguishing feature of a class is the relationship (ownership) to property. The main classes are the bourgeoisie (the class of capitalists, owners of the means of production) and the proletariat (the class of wage workers who do not own the means of production: “... the proletariat has nothing to lose except its chains.” Karl Marx). In an industrial society, the working class grows in number and is usually the majority of the population. In a post-industrial society, the working class is decreasing in number. Qualities of a modern employee - Literacy and correct performance of the functions assigned to the employee, on which the quality of the product depends, is called professionalism. Closely related to it is special professional training, which requires the ability to perform complex labor operations; it is called qualification. Labor discipline - the degree to which an employee fulfills the special requirements for his work and labor operations - is the key to success at work. However, only in interaction with technological discipline - clear and consistent implementation of each stage of work, high quality products are ensured. An important role in improving the quality of production is played by the initiative of employees, which allows them to find optimal ways to develop and improve their work activities. But only with precise and clear interaction of segments engaged in material production, timely fulfilling their obligations - the execution of production subjects, is the logical conclusion of high-quality and competent labor activity obtained. Conservatism is a direction in a social movement that seeks to preserve existing social orders (norms). Competition - rivalry; in a market economy regulates costs, that is, strives to reduce costs, and production results, that is, improves quality. Consolidation - strengthening, compacting, rallying, combining the efforts of several individuals and groups to achieve a goal. Communication - connection. Competent - having knowledge on a particular issue. Quotation is the liquidity ability of securities, that is, their price at a given time depending on their demand. Communication - means of communication, communication. Cooperation is a form of labor organization in which a large number of people participate in one production process or in different but interrelated processes. Consensus is a political attitude towards finding compromises, based on the possibility of reaching agreement and making decisions on the principle of unanimity. A confederation is an association of sovereign states to solve common problems. Confessional - from the Latin word “confession”, meaning: religion, church. Confession is one or another direction in religion, church. For example: Christian, Muslim, Jewish, Buddhist. Social control is a social institution that ensures the regulation of an individual’s behavior so that his actions correspond to what society expects from such an individual. A concept is a system of views on something. A concept is a single plan for action. Conceptual judgment, that is, a judgment based on a scientific (or non-scientific) understanding of the nature of things and built according to a certain algorithm (sequence of actions). A criterion is a sign of something on the basis of which an assessment or classification is carried out. The criterion of truth is that which certifies the objective truth of knowledge. Social practice is considered the highest criterion of truth. Culture is a set of material and spiritual values ​​created by humanity throughout its development and the development of society. Culture is what is created by and in society. Personality is a person acting as a subject in the environment of social relations. Lumpen - a declassed element, a lower social stratum, for example, homeless people, criminals. The Unified State Exam Handout says that the lumpen, as an element unbound by prejudices, most often act as initiators of change. Liberalism is a political and economic course that defends the right of citizens to own, use and dispose of private property (natural human rights). As a political direction (ideology), liberalism arose in Europe in the 19th century. Initially, liberals advocated carrying out bourgeois reforms and granting the population voting and other rights. In politics, as a party, liberals defend the right to the dominance of a market economy, non-interference of the state in market affairs (the thesis of self-regulation of the market; liberals assign the state the role of a “night watchman” of a bourgeois, capitalist or market system). Lobby is a public association, group, for example, a group of deputies in parliament. Such a group is engaged in “pushing” a decision that is beneficial to itself or to higher-ups on whom the lobbyists depend (whose proteges they are). Logic is the science of laws and forms of thinking. Logic relies on judgments, inferences and concepts. Formal logic - studies the forms of thoughts and the forms of their combination. Dialectical logic - studies thinking in its development. Mathematical logic is logic developed by mathematical methods, especially visible in the design and use of computers. Lumpen - from the word lumpen - rags, in the social sense - these are declassed elements - vagabonds, beggars, criminal elements. Legal - legal. Material production is the purposeful labor activity of people. The process of producing material goods and things. Mentality is the final fusion of a person’s spiritual world, his approach to practice and theory of knowledge. This is a personal phenomenon, inherent in each individual, depending on the type of his activity. Worldview is a phenomenon of a person’s spiritual world, his views on the world as a whole; his attitude towards this world; the degree of satisfaction with the world and the desire to transform or preserve it. The views of an individual, his attitude towards the world, satisfaction with the world, the desire to transform the surrounding reality are based on beliefs - stable views on the world, ideals and principles. Worldview can be 1. ordinary, that is, formed in the process of a person’s personal activity; 2. religious, formed on the basis of a person’s attitude to religion as a whole - formed on the basis of the experience of other people, perceived traditionally; 3. scientific, which is formed on the basis of acquired scientific data and their systematic processing. A moral assessment of a person is an assessment of a person’s activity, which consists of approving or condemning actions from the point of view of their compliance with the rules existing in a given society. Morality is understood as the norms of consciousness, and morality is their practical implementation in life. Ethics deals with determining the criteria of morality and morality. Moral and ethical categories are: honesty, generosity, courage, lies, betrayal, cowardice, conscience, pride, repentance, shame, etc. the moral and ethical assessment of a person is always broader than the legal assessment, since not everything that is condemned by moral and ethical categories , is punishable by law. Each society has its own standards of moral assessment; it often happens that in one society what is approved in another is condemned. An example of the formation of universal moral values ​​is the Universal Declaration of Human Rights, adopted by the UN in 1948 (hereinafter, see the meaning of the term “legal assessment of the individual”). Majoritarian electoral system - from the Latin “major” or “major”, main, senior, greater. An electoral system based on the principle of victory for whoever gets the most votes. Basic principle: one district - one winner. This system is characterized by a single-member constituency. Monopoly - from the Latin word "mono" - one, a form of capitalist enterprise based on the degree of centralization of management, the degree of unification of production, usually a monopoly controls the market for the production and sale of goods: a syndicate, a cartel, a trust, a concern. Mobile - mobile. Municipal - from the Latin word "local". A municipality is a local government body of a city in some European countries. Council tax is a local tax. Local self-government - local authorities, in regions, cities, towns and villages, which form the local budget, manage municipal property, and are engaged in the protection of law and order. Marginals - from the Latin word marginalis - located on the edge. In social science - those elements that are outside the main strata of society. The group is distinguished by its instability. Municipality is a body of local economic self-government; municipalization is the forced transfer by the state of the private property of the municipality. A nation is a large group of people, an ethnohistorical community (a type of ethnic group), which has the following characteristics: 1. stable economic ties, 2. literary language, 3. territory, 4. historical path. Nations are formed only under capitalism, other ethnohistorical communities are called: clan, tribe, nationality (see characteristics 3,4,2). In a clan and tribe, in addition to the common territory of residence, there are consanguineous ties, the nationality is already developing a common literary language. But only a nation is united by stable economic ties. Nationalization is the transfer of private property into the hands of the state. Scientific knowledge is knowledge with the goal of knowing the world as it is, regardless of human subjective perception. Scientific knowledge is carried out at two levels, empirical and theoretical, but with different methods - 1) at the empirical level - observation and systematization of observation; experiment and systematization of experiment; inference from observations and experiments; experience and common sense. 2) in the theoretical - the study of abstract theoretical laws when working with objects that cannot be observed; The methods of this knowledge are logic, scientific hypothesis and mathematical modeling. In the process of scientific development, theoretical knowledge can turn into empirical - experimental. A scientific revolution is a new stage in the development of science, during which new theories are created, sometimes contradicting previously known truths. During the scientific revolution, the theory is confirmed in practice through experiments and experiments. Innovation - from the word “new” - is the creation of something that has not existed before, for example, the creation of an airplane by the Wright brothers. Social norm is the rules of behavior established by society for all its members. Norms are the standard that society expects from a person. A normative legal act is a single legal document. Rules of law - laws in general. An illegal party is an illegal political force. Society is a part of the world separated from nature; in the narrow sense, a dynamic, changing group of people united by a common goal, for the sake of which consolidation took place. The main purpose of such an association, as a rule, is the struggle for survival. In the broad sense of the word - all of humanity as a whole. The dynamism of society as a system is visible in the huge number of segments that make up this system, interact with each other and serve to achieve the goal set for society. Such segments are the economic, social, political and spiritual components of society, dynamically interacting with each other, that is, being in the process of social relations - the relations of people among themselves in the process of social production. Any form of interaction between people in the process of social relations is aimed at either material or spiritual production. For society to function most effectively, it must be studied. Currently, this is done by such sciences as political science, sociology, law, economics, etc. Thus, society is a dynamic segmental system, the action of which is aimed at material and spiritual production in order to ensure the survival of humanity. The opposition is a political force that has its own views on methods of governing the state; the opposition opposes the authorities and offers its own version of development. Objective truth is reliable, correct knowledge that exists regardless of how a person perceives it. Objective knowledge exists regardless of whether a person studies it or not. An oligarchy is a political group that has economic dominance in a society. Otherwise, “the power of the few” or, less often, of one - the exploiter, the slave owner, the militaristic elite of society (the junta). A public association is a social group of people united by common interests and rights. Their goal is to achieve these interests and rights. A public association is characterized by voluntariness in joining and leaving it, and its independence from the state. In the course of the historical process, a public association can turn into a social group. Parascience is a branch that, unlike science, is engaged in the study of the supernatural, which is still inexplicable from the standpoint of modern science, revealing the essence of natural and social phenomena. Cognition is the acquisition of knowledge about the world, the surrounding reality, and an object. There are two types of knowledge - empirical or experimental (observation, experiment, systematization of observations and experiments, conclusions), rational (analysis, synthesis, comparison and assimilation, generalization and abstraction, conclusion). Social cognition is the acquisition of knowledge about man and society, about man within society. The features of such cognition are 1. that the subject and object of cognition coincide, 2. social cognition itself is subjective, 3. the object of research is complex and constantly changing, 4. observation and experiment are limited in their capabilities. Based on paragraphs. 1 - 4, we can conclude: social cognition requires a specific historical approach with the identification of patterns in the development of internal connections (relationships) in society. Such patterns are established on the basis of identifying facts of social reality that require scientific interpretation (interpretation), scientific justification, and scientific assessment. At the same time, we must remember that the fact itself is objective, and any scientific assessment is subjective and depends on the scientific objectivity of the subject. Politics is the art of managing society and the state. Politics is based on power; power determines what must be done. Politics is 1. the art of governing the state on the basis of acquired power, retaining this power, and improving it. Management occurs by leading political figures through coercion and persuasion; 2. - sphere of activity associated with relations between classes, nations, social groups, the problem of which is the conquest, retention and use of state power, participation in state affairs. When problems arise related to the issue of property, and, consequently, to the issue of power; within the social, economic and spiritual spheres that affect the political structure of the country, issues of solving these problems acquire a political nature. Politics “is the most concentrated expression of economics,” said V.I. Lenin (no matter how we treat Lenin, he is right here). The political system determines the relationship between man and government. On one side of this system there is a person, the figures who run the country, and on the other there is a person, the people living in this state. Even a person far from politics is influenced by political decisions and can take part in political life, for example through elections. Attitudes to power and property determine the laws of the country, which determine the form of government and political structure. The basic law of today's Russia is the Constitution of 1993. A political party is a group of individuals associated with political interests; the main goal of such an organization is to gain power in society. To achieve this goal, the party determines its political course, approved by the majority of the population, or, otherwise, the political party comes to power based on violence. If a political party comes to power illegitimately, but is supported by the majority of the population, then it still gains power. The most acceptable form of obtaining power at present is direct, universal, equal, secret - democratic elections. The most rational thing in modern society is a multi-party system. A political course or political program is a program of political action put forward by a political party in the economic, social, political and spiritual spheres. The content of the course (program) determines the direction of activity so that it (the course) is attractive to the majority of the population or part of the population ready to vote (support) such a party in elections or otherwise. The program differs from the course in that the program is the theoretical part, and the course is the implemented part of the party’s policy. Both the program and the course are subject to adjustment (may be changed). The political system is the order of the internal organization of the state, based on two principles: democracy (democracy) or dictatorship (the power of a few or one). A dictatorship can be totalitarian (fascism, national socialism, Bolshevism) or authoritarian (military power, civilian power, but in both cases based on violence). There are four types of democracy: constitutional-monarchical (Great Britain, Sweden), parliamentary republic, presidential republic, mixed type of government: parliamentary-presidential. Cognition is the process of acquiring knowledge. Prestige is society's assessment of the social significance of an individual. Crime is the most dangerous form of violation of social norms - delinquency. It is committed consciously and guilty, it threatens human life, health, the survival of society, and may be an encroachment on the property of a person and the state. Punishment for such an offense is provided for by the Criminal Code. Proportional electoral system is a system based on the principle of proportional division of votes depending on their total number. Priority is primacy in something: in science, in art, technology, etc. So in law, LAWS have primacy - law, that is, law. The oath of office of the president determines the time at which he begins to exercise his powers. Privatization is the transfer of state property into private ownership (the conditions for this are specified separately). Principles - from the Latin "principium" - basis or beginning; basic, initial provisions of social theories and teachings. Guiding ideas, basic rules of individual activity in his desire to transform the world: nature, society, personality. Progress - moving forward from lower to higher, improving something, getting more advanced. Social progress - qualitative changes in the state of society, aimed at moving from simple forms of organization of society to more advanced ones, allowing to improve the economic structure of society, thereby transforming social relations, while changing the political structure of power, especially property relations; these changes are impossible without transformation of a person’s consciousness, his spiritual state. The forces that promote the development of productivity in society through the humanization of social relations are progressive. Marx identified 5 successive cycles (formational approach), each of which was more perfect than the previous one. He called them formations: primitive communal, slaveholding, feudal, capitalist and communist. Social progress and regression constantly alternate, and the progress of one inevitably entails the regression of the other and vice versa. Schelling considered the criterion of progress to be the level of the legal structure of society, the supremacy of laws established by society itself. Precedent - in law: “judicial precedent” is a case that took place earlier, now serving as a model for making a particular decision. Presumption is in law: the presumption of innocence is an assumption based on the probability of innocence; a person is considered innocent until the contrary is proven in court. Pluralism is the right to have your own position in society, the opportunity to choose from several options, the opportunity to choose what is acceptable from many. PRESIDENT - Head of state and highest official of Russia. * It determines the main directions of domestic and foreign policy; * Is the Supreme Commander; * Has the right to introduce a state of emergency throughout the entire territory or part of the constituent entities of Russia; The President signs the laws of Russia in their final form; * he suspends the operation of by-laws of the Government if they run counter to the Constitution of the state. * Under certain circumstances, the President decides to resign the Government or dissolve the State Duma. Elected for a term of 4 years, has the right to hold office for no more than two consecutive terms. The president must be a citizen of Russia at least 35 years old and have lived in Russia for at least 10 years before the elections. Privileges are advantages in something received from the state or others. The political system is an integral mechanism for the formation and functioning of political power. Precedent - a case that goes ahead, a case that took place, serving as an example or justification for cases of this kind; the second meaning is a court decision made in a case based on similar cases. The President of the Russian Federation is the head of state with supreme powers, he is also the supreme commander in chief. Public law regulates relations affecting state interests; one of the participants in such a process is usually endowed with state power. For example, a policeman is a citizen. Rational cognition is the process of acquiring knowledge through reason: theory, hypothesis, model, mathematical verification of the model. Rational - reasonably justified, expedient, irrational - unreasonable, not leading to achieving the goal. Revolution is a radical change, a rapid shift that causes strong changes in the economy, political sphere, etc. Regression is a movement back from higher to lower, from complex to simple, deterioration of something. A political regime can be totalitarian, authoritarian, or democratic. Regime is a way of organizing state power and its bodies. A referendum is a form of expressing the will of the people on the most important issues; in the Russian Federation it is used in exceptional cases: the adoption of the Constitution of the Russian Federation in 1993, changes in the territorial structure. A similar form of expressing the will of the people is a plebiscite - a referendum on the inclusion or exclusion of new territories into (from) a subject; the plebiscite is held with the consent of the Russian Federation and the subject or subjects itself in the event of their unification. A secular (from the word “light”) state is a state where the church is separated from it (from the state). In such a state, the church does not directly influence the economy, social sphere, politics and culture. A state where religion (Christianity, Islam, Buddhism - world religions; Judaism), the church has a direct influence on the government or church leaders rule the country is called theocratic. Self-knowledge is the process of a person acquiring knowledge about himself. This is carried out in three stages: 1. comparison of one’s self and the ideal self, an attempt to get closer to the ideal; 2. self-esteem, which is expressed in assessing what has been achieved in comparison with what was expected, 3. an increase or decrease in self-esteem based on the result. In the process of self-knowledge, a person uses self-confession - an assessment of what he has done to himself. Self-knowledge can be carried out in the process of activity: play, work, communication. Sanction - the word has several semantic meanings, including opposite ones: prohibitive and permissive sanctions. 1. approval by the highest authority of a legal norm, giving it legal force. That is, a sanction is a legal norm in itself. 2. sanction - part of the norm, the law, indicating the legal consequences for the violator of the law. That is, an example of the influence of the state on the individual. 3. a measure of influence of the state against the state. 4. sanction - approval of something, permission to act (for paragraphs 2 and 3). Property is the right to own, use and dispose of property. Freedom is a necessary human activity, that is, a natural, objectively determined course of events. Freedom is an activity not independent of the laws of nature and society, but actions in accordance with their norms. Freedom is the right to choose means to achieve a goal. Freedom is not only a philosophical category, but also a political, social, economic and spiritual category, that is, without harming society, a free person improves himself and him. But philosophers have not found an unambiguous definition of the term freedom. The absolute freedom of one person necessarily acts as a limitation of the freedom of another. A person is free when he is given the right to choose his faith, beliefs, worldviews, interests; the freedom of one person should not limit the freedom of another person. Social cognition is the process of acquiring knowledge about society and people. The peculiarity of such cognition is that 1) the subject and object of cognition coincide; 2) knowledge is subjective, and the object of knowledge is constantly changing. Experiences and experiments to obtain social knowledge are limited. Therefore, in social cognition a concrete historical approach is used, that is, a person and a situation are considered in relation to a given object at a given point in time. Based on this, facts are determined, they are interpreted, and a person evaluates them through the prism of his mind. A social group is a group of individuals united by common interests, goals, and activities in various spheres (social, economic, political, spiritual). Such groups are: classes, nations, public associations, parties. The goal of such groups is to survive, achieve success in a given task, and gain power. The human individual is simultaneously included in different social groups. Synthesis - literally: connection or generalization; a method of scientific knowledge based on obtaining a whole from individual components. Mixed system - combines the majority and proportional systems. Social norms are rules of behavior in society established by law and society. They can be ordinary (from the word custom) or traditional - unwritten or moral, as well as written laws. Socialization - from the word "socium" - society, that is, the process of habituation, adaptation of a person to society; habituation (mastering of values, methods and forms of activity) of a person to a particular social group existing in society. Socialism is a social movement based on the idea of ​​building a socially just society: without the exploitation of man by man. Socialist teaching presupposes: equal distribution of public goods, complete destruction of exploitation and class struggle as a method of building such a society. A social (public) state is a state directing its efforts to ensure decent living conditions for people - society. Social status is the place in society that a person occupies. It can be acquired or prescribed. Stratification is the division of society into separate groups united by educational, property or other characteristics - strata - layers. In modern society, the theory of social stratification is based on income level. Structural unemployment is the loss of jobs resulting from the replacement of human labor with machine labor. In modern society, they strive to overcome such unemployment through training in new professions. Family is a social group based on consanguineous ties. "The family is the unit of society." Different societies have different types of families. For example, in a traditional society, this is a patriarchal family, the head of which is either the eldest in the family or the husband. Since in a traditional society a man is the main breadwinner who ensures the life of the family, he is the owner; The position of women is subordinate, the younger ones listen to the older ones, that is, the more experienced ones. Often a man in general (a boy) can command women, even if they are older than him. In a patriarchal family, violence is often present as a form of resolving a conflict situation. In an industrial society, a partner family is formed with equal rights and responsibilities of husband and wife. In a partner family, the responsibilities of the spouses are divided between them approximately equally or according to some other form of distribution. In a partner family, violence is unacceptable either between spouses or towards children. An equal family of an industrial or post-industrial society is less strong, since there is no or almost no material dependence of one family member on another (in a husband-wife relationship). The subject of law is the law enforcer. The object of law is what or who the action of the rule(s) of law is directed at. The subject of power is the State, political parties, elites and leaders (political law enforcers). The subject of power, through objects of power (political institutions), influences the object. Subjective truth is reliable, correct knowledge that exists in parallel with objective knowledge and depends on the subject, the person. Subculture is the culture of some social stratum. The layer itself has only its own characteristics: gender, age, etc. the word "sub" means below, part of something. Sovereignty is the complete independence of a state from someone or something. In a narrow sense, this is the binding nature of government decisions, the possibility of canceling decisions of non-state political organizations, and the possession of a number of exclusive rights. Secularization is the transfer of church land property to the state. Theocratic state - see secular state. Theory is a generalization of experience, social practice, reflecting the objective laws of development, nature, society and personality. A totalitarian regime is a system, a form of power, based on the principles of dominance of one political party, headed by one leader, whose personality is the unconditional authority for others. In a totalitarian regime there is no opposition. The regime is based on violence, terror, relies on the army, coercion and does not tolerate opposition. Tolerance - from Latin tolerancia or patience; patience, tolerance towards another person. Theocracy, a theocratic state is a state dominated by religion, led by religious figures. Tradition is law based on norms that have been established over time, preserved from old times; another name is customary law, the law of custom. The first rule of law is tradition, legal custom. Traditions are always conservative. Tradition - from the Latin "tradicio" - "narration". In other words: historically established customs, orders, rules of behavior, customs and rules of life passed down from generation to generation. The traditional method of production is a form of material production based on peasant labor, the exploitation of the peasant as the main source of income. Typically, this method of production refers to the primitive communal, slave-owning and feudal state of society. In a traditional society, the one who owns the land dominates. It is being replaced by an industrial society. Labor activity is a person’s conscious need for activity using tools to achieve set goals. The relationships between people in the production process are called production relations. Labor discipline is the degree to which an employee fulfills the special requirements for his work and labor operations. Beliefs are stable views on the world order. The desire to embody one’s ideals and principles in the existing world through actions and deeds. Unitary - a government structure characterized by centralized management of administrative-territorial units and the absence of separate, independent state entities. A unitary state excludes any independence of its territorial units. A legal fact is a non-fictional event related to the field of law. Federal government system - from the Latin word “federatio”, which means union; that is, relating to a union (federal) state. Such states are the Russian Federation, the USA, the Federal Republic of Germany, etc. Folklore - literally: “the voice of the people”, a work of oral folk art. Formations (or socio-historical formations) are forms of organization of society depending on the main mode of production. Whoever owns the means of production in a society is at the political helm of such a society. Marx identified the following formations: primitive communal, slaveholding, feudal, capitalist and communist. Formation - from Lat formation - education. The stage of development of human society, characterized by characteristics unique to it: 1.social and political relations. 2. A method of production based on the interaction of productive forces and production relations. Productive forces are characterized by their relationship to property: whoever owns property establishes relations of production. Based on this, Friedrich Engels identified 5 socio-historical formations: 1. primitive communal, 2. slaveholding, 3. feudal, 4. capitalist, 5. communist. Formation is a stage of development of human society, characterized by characteristics unique to it: 1. method of production and 2. social and political relations. The method of production is based on the interaction of 1. productive forces (people) and 2. production relations (relations between people in the production process). Productive forces are characterized by their relationship to the means of production, that is, property relations: whoever owns property establishes production relations. Based on this, Friedrich Engels identified 5 socio-historical formations: 1. primitive communal, 2. slaveholding, 3. feudal, 4. capitalist, 5. communist. The formational approach is a form of contemplation of the historical process from the point of view of five socio-historical formations, naturally replacing each other, with each subsequent civilization being at a higher level of development of productive forces and production relations, the change of civilizations is natural and civilization exists separately from such forms of social organization like savagery and barbarism. The functions of power are the execution, implementation of the tasks facing the state: the formation of legislation, the protection of the rights of citizens, guarantees of the protection of their property, maintaining stability within society, etc. The goal is the first thing that a person determines for himself when embarking on conscious activity. The civilizational approach is a form of considering the historical process from an independent point of view on the development of each civilization, as well as their free interaction without being tied to the level of development of productive forces and production relations. Western civilization is an industrial type of social organization, which includes Europe, Japan and North America. This type of civilization is characterized by intensive production. In this civilization, active, creative, transformative human activity comes to the fore. The ideals of civilization are the principles of constant renewal of society. The most important value of Western civilization is an independent personality, individualism, ideas about inalienable human rights, civil society and the rule of law. Relationship between civilizations and culture - Spengler: civilization and culture are different things, culture is a creative stage in the development of society, and civilization is a time of cultural decline, a time not for the production of spiritual values, but for the consumption of material values. Weber - culture is a system of civilizational values ​​that distinguish one level of civilization from another. Traditional civilization is a type of organization of society, which includes the countries of the East: China, India, Malaysia, as well as Africa and parts of South America. The eastern type of civilization has deep historical roots, which are based on traditions, customs, and religion passed on from generation to generation. This type of civilization is characterized by collectivism. Traditional society changes slowly; it is not inclined to change the internal structure of society. The traditional type of civilization is largely formed under the influence of natural and climatic conditions. Civilization - from lat. Civilis - civil, state. The level, stage of social development of material and spiritual culture in a certain period of time, considered through the facts of historical reality, arranged in chronological sequence. Moreover, each subsequent civilization reaches a higher level of perfection than the previous one. Private law - establishes equality between all participants in the legal process. Legal capacity is the ability of a person to acquire rights and have responsibilities through his actions. Legal capacity begins from the moment of birth, and can then increase with age. Legal capacity is the ability to consciously manage one’s rights and responsibilities. Legal capacity is regulated by age, for example, children from 6 to 14 years old can only enter into small household transactions, for example the purchase of bread, pencils, etc. The fourth estate is the press, the media. Ethnos - from the Greek "ethnos", that is - people, ethnic - folk: clan, tribe, nationality. Ethnosocial - a description of a particular group of peoples, people. Aesthetics is the idea of ​​the beautiful and the ugly, the sublime and the base. Ethics is the doctrine of morality as one of the forms of social consciousness. Evolution is improvement, slow and gradual development. Economics is the science of social production of what a person needs for his survival, improving living conditions, and ways to improve it. Existential needs - according to Maslow's theory, needs for security, stability, etc. Extensive - literally: expanding, growing due to volumes, not quality. The word has the opposite meaning: intense. Extremism is a commitment to extreme views and measures. Extremism is seen as a form of negative deviant behavior. Elite - the best, selected; elite belonging to (the) best members of society or the best members of society themselves. The same goes for elitist culture. The elite is a narrow group of citizens necessary for the people, directing its activities in all spheres (social, economic, political, spiritual). Members of this group have the highest status, resulting from the highest intellectual and moral superiority, the highest sense of responsibility and the greatest activity in society. This group leads the masses, i.e. governs society. Jurisprudence is a set of sciences about law. A legal assessment of a person is an assessment of a person’s actions, which is given from the point of view of the compliance of these actions with written state laws; a legal assessment of a person includes a moral assessment with all its components. The moral assessment does not always coincide with the legal assessment of the individual. Sometimes what is condemned by law is approved by society and vice versa. From the history of state and law of Russia, starting from 1993. June 12, 1990 - adoption of the Declaration of State Sovereignty - Independence of Russia. December 12, 1993 - adoption of the Russian Constitution in a national referendum. State apparatus. The 1993 Constitution of the Russian Federation establishes the following system of government bodies: 1. head of state - the President of the Russian Federation; 2.representative (that is, elected) and legislative body of the Russian Federation - the Federal Assembly, consisting of the Federation Council (178 people, 2 from the subject), consisting of representatives of the subjects of the federation, appointed by the subject itself and the State Duma (450 deputies), elected popularly according to party lists - proportional system; The chambers sit separately and have equal powers. 3.The Government of the Russian Federation is the highest executive body in the country; the head of government - the prime minister - is presented to the State Duma by the President for approval; if the Duma rejects a candidate for the post of prime minister three times, the President has the right to dissolve the government or the State Duma, the same happens if the President does not agree with the Duma’s vote of no confidence in the Government; 4. public authorities of the constituent entities of the Russian Federation, that is, regions, territories, republics, cities of federal subordination (Moscow and St. Petersburg), other units within the Russian Federation; 5.The judicial power is exercised by the justice system - the Courts; 6. The Prosecutor's Office of the Russian Federation - carries out the conduct of the most important criminal cases, supervises the conduct of cases by investigative bodies, presents charges in court, monitors compliance with the law in places of deprivation of liberty and pre-trial detention centers; 7. The state system includes the Department of Internal Affairs, the FSB, the army and other structures; 8.issues of local importance are resolved by local governments; they implement some state tasks, but are not included in the structure of the state. State power in Russia is exercised on the basis of the principle of separation of powers into legislative, executive and judicial. The parties do not replace each other, establishing mutual control in a system of checks and balances. The President, as the head of state, is the guarantor of the Constitution of Russia - the Russian Federation - this is the official name of the state, the rights and freedoms of its people. The President is elected on the basis of universal, equal, direct and secret elections. Any citizen of Russia who is at least 35 years old and has permanently resided in Russia for at least 10 years can become president. The president can hold this post for no more than two consecutive terms. The President may be deprived of his powers in the following cases: on his own initiative, in case of persistent incapacity to exercise his powers, on the initiative of the Federal Assembly. The Federal Assembly consists of the State Duma and the Federation Council; if the Duma can be dissolved in the above cases, the Federation Council cannot. The Government of the Russian Federation manages the economy, organizes the implementation of the country's laws, and controls all executive power structures in the country. The Chairman of the Government is appointed in agreement with the State Duma in the event that a new President takes office, the Government resigns, or the Chairman of the Government resigns. The Court of the Russian Federation is the ONLY BODY EXERCISING JUSTICE. THERE IS A COURT: CONSTITUTIONAL COURT, CIVIL COURT (arbitration - since 1995); ADMINISTRATIVE COURT, CRIMINAL COURT. The Constitution names only the top floor of the judiciary: the Constitutional Court, the Supreme Court, the Supreme Arbitration Court - judges are appointed to all these courts by the Federation Council, and to the rest by the President. -The court can be Constitutional, Arbitration and general jurisdiction. Economic disputes can be resolved by an arbitration court - a court elected by agreement of the parties. - Local justice can be administered by magistrates who hear all types of cases of simple offenses. -Legal liability, also known as legal liability, is a set of adverse consequences for those who have violated the law: “by a specific offense; “an offense entails measures of state coercion; "these measures are established in a special order determined by the law of Russia. Crime is the most dangerous type of offense. The crime is directed: "against the individual; "against the economy; "against public safety; "against state power; "military crime; "a crime against peace and humanity. The defendant is subject to the presumption of innocence - he cannot be called a criminal until this is proven in court. The maximum penalty in Russia is life imprisonment. Currently, the execution of sentences for those sentenced to death is suspended , although the death penalty itself has not yet been excluded from the punishment system. Circumstances excluding criminal prosecution for a person who has committed a violation of the law falling under the Criminal Code: necessary self-defense, extreme necessity (extreme situation), causing harm to a wanted person, etc., physical and mental coercion, justified risk (medicine), execution of an order. Administrative offense - it falls under the Code of the Russian Federation: petty hooliganism, swearing, tearing off a headdress, obscene chants, etc., entail administrative penalties - a warning, a fine, paid (or gratuitous). - confiscation, seizure of the item with which the offense was committed); deprivation of special rights, correctional labor, administrative arrest for up to 15 days with physical work; administrative expulsion from the Russian Federation. Disciplinary responsibility - for committing a disciplinary act. These are: violation of service rules, labor discipline; the Labor Code names types of punishment for disciplinary offenses: reprimand, reprimand, dismissal. The form of government of Russia - the Russian Federation. Russia is a democratic, federal and legal state with a republican form of government. State integrity is determined by the presence of unified federal authorities. Each subject independently determines its structures, but in such a way that they do not run counter to the requirements of the Constitution of the Russian Federation. The status of a subject of Russia is determined by its Constitution. The Constitution defines the regime in Russia as democratic. The Constitution only says about a referendum that it is appointed by the President; the range of possibilities for a referendum is not defined in the Constitution (according to the law of 1995, the issue of early termination by the President of his powers, as well as the State Duma and the Federation Council, cannot be put to a referendum. Real power of the people of Russia is expressed in the opportunity to elect a president, elect members of the State Duma and take part in a referendum. The Constitution defines and enshrines the fundamental principles of the organization of all spheres of society - the Civil Code of Russia - implements property and related non-property relations - 1995. , determines the relationships of citizens within an individual family. The Labor Code determines the system of actions that arise in the process of social production between the employer and the employee. The Procedural Code - regulates the procedure for investigating illegal acts, crimes - establishes the criminality of acts, the measure of punishment for them. rights of the Russian Federation. Below is a “ladder” of legal acts of varying legal force: “constitution” federal law “presidential decree” government resolution “regulatory act of a ministry or department” legal act of local governments. Public and private law. Public law regulates relations affecting state interests; one of the participants in such a process is usually endowed with state power. For example, a policeman is a citizen. Private law - establishes equality between all participants in the legal process. Legal capacity is the ability of a person to acquire rights and have responsibilities through his actions. Legal capacity begins from the moment of birth, and can then increase with age. Legal capacity is the ability to consciously manage one’s rights and responsibilities. Legal capacity is regulated by age, for example, children from 6 to 14 years old can only enter into small household transactions, such as buying bread, pencils, etc. Rules of law are rules of behavior that are mandatory for all members of society. The norms are enshrined in law. The state forces those who violate the rules to comply with the rules. Permanent norms are enshrined in laws and are valid for a long time, temporary norms are in decrees, instructions, etc. State or Constitutional law regulates issues of government. Individuals are “human beings” endowed with rights. A legal entity is an organization that has separate property that is liable for its debts and can be a defendant or plaintiff in court. Legal entities - commercial and non-commercial. Commercial - partnerships (full or limited). - business companies - (LLC, CJSC or OJSC) Fundamentals of the theory of state and law. Rules of law. 1. Signs of legal norms. Rules of law are social norms that reflect the internal structure of society. 1. Generally binding for members of the society and persons located on the territory of this society. 2.Norms are created in the life process and personal experience of citizens. 3.Norms are imposed on society by the ruling forces and are addressed to specific social strata (youth, military personnel, property owners, etc.). 4. Norms always a) provide the right to a certain freedom of action in society, but also b) oblige one to perform or not perform certain actions, thereby regulating social relations. 5. Standards are characterized by stability: repeated use and longevity. 2. Regulatory legal act. An N-P act is a law or by-law adopted in the prescribed manner by authorities (referendum) that regulates the order of legal relations within society and the state. Such an act has a specific structure, form and content; takes effect from the moment of publication. 3. Types of legal acts. Laws: 1.The Constitution of the Russian Federation is the basic law that establishes the social system of the state. 2. Federal constitutional laws - detail and develop the provisions of the Constitution. 3. Federal laws - are adopted on subjects within the jurisdiction of Russia; they cannot contradict the Constitution of the Russian Federation. 4. Laws of the constituent entities of the Russian Federation are adopted in accordance with federal laws and the Constitution. In the event of a contradiction between the laws of the Russian Federation and a subject of different competence, priority is given to the laws of the Russian Federation, but if the law of the Russian Federation granted the right to the subject to determine its own actions, and because of this contradictions arose, then in this case the law of the subject, and not R, applies. F. By-laws: 1. Resolutions of the chambers of the Federal Assembly - legislative power.. 2. Decrees of the President of the Russian Federation. 3.Resolutions of the Government of the Russian Federation - executive power. 4.Regulatory acts of central executive authorities. 5.N A of local government bodies. 6. Intra-organizational (local acts) regulations. Branches of law. 1. State or Constitutional law - regulates social relations between the state and society, the state and the subject of the Russian Federation, the state and local government, the state and the individual. 2. Administrative law - regulates relations in the field of public administration, establishes the competence - the legal status of public administration bodies. 3. Civil law is the most extensive branch; it regulates all property and related non-property property relations. 4. Family law - regulates property and personal non-property relations associated with marriage and family membership. 5.Financial law - regulates relations related to the financial and budgetary activities of the state. 6. Criminal law - determines the degree of danger of certain acts, classifying them as crimes against the law: that is, against the person, the health of citizens, property and society. Only the CP establishes punishment for committing illegal acts, including in other branches of law. Legal relations Signs of legal relations. The emergence of legal relations is the main result of legal regulation. Specific rights and obligations of specific subjects - persons in relation to each other, enshrined in the rules of law are called subjective or individual. However, for the emergence of norms of legal relations, the presence of legal norms alone is not enough; actual circumstances of their application are also needed. The actual circumstances with which the rules of law associate 1. the emergence, 2. change or 3. termination of legal relations are recognized as legal facts. Legal facts are fixed in hypotheses of legal norms. Among the various types of legal facts, their differentiation on the basis of volition is of particular importance. In this point of view, legal facts are divided into two groups - legal events (do not depend on the will of people) and legal actions (volitional acts of human behavior). Actions are divided into lawful (legal acts and legal actions) and unlawful (crimes and misdeeds). Legal relations are characterized by certain characteristics. Firstly, they are intellectual and volitional relationships. Legal relations are always of a conscious-volitional nature. Secondly, legal relations are inextricably linked with the rules of law. Thirdly, the participants in the legal relationship are endowed with mutual subjective rights and responsibilities that are inextricably linked. Fourthly, legal relations are an element of law and order in society. They are protected (guaranteed) by the state. Thus, a legal relationship is a social relationship regulated by legal norms, the participants of which are endowed with mutual legal rights and obligations protected by the state. The structure of the legal relationship. The legal relationship consists of certain elements. Their totality forms its structure. It includes the subjects, content and object of the legal relationship. The subjects of legal relations are persons who can be their participants. A participant in a legal relationship can only be a person or a community of people. In any legal relationship there must be at least two subjects. To participate in legal relations, each subject is endowed by the state with a special legal property - legal subjectivity, i.e. the ability to be a participant in a legal relationship. As part of legal personality, it is customary to distinguish legal capacity, legal capacity and delictual capacity. Legal capacity is the ability of a subject to have rights and bear legal obligations. The main thing in legal capacity is not rights, but the fundamental possibility (ability) to have them. The legal capacity of organizations arises from the moment of their formation, i.e. from the date of making the corresponding entry in the unified state register of legal entities. Legal capacity is the ability of a subject, established by law, to directly acquire and exercise rights through his actions, create obligations for himself and fulfill them. The legal capacity of individuals is inextricably linked with their intellectual and volitional maturity. The legal capacity of legal entities arises simultaneously with legal capacity and ceases from the moment the liquidation of the legal entity is completed. Tort capacity is the ability of a subject, provided by law, to personally bear legal responsibility for a violation of the law. The content of the legal relationship is formed by the subjective legal rights and obligations of its participants. This is the legal content of the legal relationship. Subjective law is the type and measure of possible behavior of a participant in a legal relationship, ensured by the state. A characteristic feature of this right is the ability to use it at your own discretion. Legal obligation manifests itself in two aspects. Firstly, there is an obligation to perform certain actions in the interests of the authorized person. The object of a legal relationship (material or non-material benefits) is understood as everything towards which the subjective rights and obligations of its subjects are directed. Offenses and legal liability. 1. Types of offenses. Misdemeanors and misdemeanors are types of offenses. The most dangerous type of offense is crime. A crime is a socially dangerous act (action or inaction), prohibited by law and punishable in accordance with the Criminal Code. A distinctive feature of a crime is its social danger compared to other offenses, since it is a crime that encroaches on the individual. Her rights and freedoms, constitutional system, property, etc. Offenses for which liability is not provided for by the Criminal Code are called misdemeanors. A misdemeanor is significantly less dangerous than a crime. Misdemeanor infringes on various aspects of the rule of law. Misdemeanors are: administrative. Civil, disciplinary. Administrative misconduct encroaches on a wide range of social relations in the sphere of public administration. Responsibility for them is provided for by the norms of administrative law (Administrative Code of the Russian Federation). Civil offenses - encroach on property and personal non-property relations regulated by the norms of the Civil and Family Code, they usually cause property damage. Disciplinary offenses encroach on the legally binding order of activity of certain groups of people; they are committed in the sphere of official relations. Legal liability is a measure of state coercion, which is embodied in the obligation of the guilty person to endure certain deprivations provided for by law. 1. It is applied by the state represented by state competent authorities. In the process of bringing to justice, the offender is subjected not only to state, but also to public condemnation. Legal liability deprives the perpetrator of certain needs, who is obliged to endure them. Legal liability arises only for the offense committed. Legal liability is carried out in strict accordance with the law. Legal liability is 1. criminal, 2. administrative, 3. civil, 4. disciplinary, 5. material. The presumption of innocence is a generally recognized norm of international law, which states that no one can be called guilty until his guilt is proven in court, in the manner prescribed by law. Legally formalized in 1948 by the Universal Declaration of Human Rights. Law enforcement agencies One of the central places in public life is occupied by law enforcement activities. It is carried out by a system of bodies specially formed for this purpose, which are called law enforcement. The Prosecutor's Office is a unified federal centralized system of bodies that, on behalf of the Russian Federation, supervise compliance with the Constitution of the Russian Federation and the implementation of laws in force on its territory. The system of the prosecutor's office of the Russian Federation consists of: the General Prosecutor's Office of the Russian Federation; prosecutor's office of the constituent entities of the Russian Federation, as well as military and other specialized prosecutor's offices equivalent to them; prosecutor's offices of cities and districts; other territorial, military and other specialized prosecutor's offices. Prosecutor's offices exercise their powers independently of state and municipal bodies, their officials, and public associations. The main functions of the prosecutor's office are: 1. supervision over compliance with the Constitution of the Russian Federation and the implementation of laws; 2. respect for human and civil rights and freedoms; 3. execution of laws by bodies carrying out operational investigative activities, inquiry and preliminary investigation; 4. for the execution of laws by bailiffs, as well as administrations in places of detention. Ministry of Internal Affairs of the Russian Federation (MVD) - main functions: protection of law and public order, prevention and suppression of crimes, investigation of crimes, etc. the main tasks of maintaining public order and fighting crime are performed by the police. The Russian police are divided into criminal police and public security police (MSB). In order for the police to fulfill the duties assigned to it, it is given the right to: demand that citizens and officials stop the offense; if there are sufficient grounds, check identity documents; draw up protocols on administrative violations; carry out administrative detention, etc. The Federal Security Service (FSB) is a single centralized system of bodies of the federal security service and border troops, ensuring the security of the Russian Federation. The activities of the FSB are managed by the President of the Russian Federation. The Federal Security Service is managed by the Director of the FSB of the Russian Federation. The FSB bodies carry out their activities on the basis of the principles of legality, respect and observance of human and civil rights and freedoms, humanism, the unity of the system of FSB bodies and their centralized management, etc. The Ministry of Justice of the Russian Federation is a federal executive body. It carries out state policy and carries out management in the field of justice, and also coordinates the activities in this area of ​​other federal executive authorities. The activities of the Ministry of Justice of the Russian Federation are managed by the President of the Russian Federation. The main objectives of the Ministry of Justice are: implementation of state policy in the field of justice; ensuring the rights and legitimate interests of the individual and the state; ensuring the execution of acts of judicial and other bodies, etc. Advocacy - advocacy is qualified legal assistance provided on a professional basis by persons who have received the legal status of a lawyer, individuals and legal entities (principals) in order to protect their rights, freedoms and interests, as well as ensure access to justice. Notariat is a system of government bodies, officials and citizens who are granted by law the right to perform notarial acts. Its main task is to protect the rights and legitimate interests of citizens and legal entities through the performance by notaries of notarial acts provided for by legislative acts on behalf of the Russian Federation. In accordance with the law, notary authorities certify transactions for which a notarial form has been established. The Constitution of the Russian Federation is the fundamental law of the state. 1.The Constitution is an act of greatest legal force, the foundation of the legislation of the state and the public life of the country. The Constitution regulates at the highest legal level social relations related to the organization of society and the state. 2. The Constitution defines the relationship between the state and public institutions, such as property relations, rights and freedoms of citizens, etc., thus, in a rule-of-law state, the Constitution is not only the basic law of the state, but also of society. 3. In Russia - the USSR - the Russian Federation - the fifth Constitution is in force. They were adopted in 1918, 1924, 1936, 1977 and the current Constitution in 1993. 4. The Constitution of 1993, as the highest value of society and the state, proclaims the rights of man and the person himself. The principle of separation of powers, the principle of ideological pluralism, diversity of forms of ownership and forms of management, and the principles of federal and local self-government are being implemented. 5.The characteristics of the Constitution are: 1.a broad subject of regulation, fundamental in comparison with laws; 2. the supremacy of the Constitution of the Russian Federation throughout the country; 3. The Constitution is a legal act of direct effect; 4. The Constitution is the starting point for all legal acts of all branches; for all branches of law it is the basic source. 5. The President of the Russian Federation is the guarantor of the Constitution; he has the right to suspend all acts of the executive authorities of the constituent entities if they contradict the Constitution of Russia. 6. The foundations of the constitutional system are the fundamental principles of the organization of the state: 1. the foundations of state power (democracy, federalism, the rule of law, the principle of separation of powers, state sovereignty and republican form of government). 2. the foundations of the relationship between man and the state (human rights and freedoms, recognition of them as the highest value of society, their protection by the state) 3. the foundations of civil society (political and ideological diversity, multi-party system, secular nature of the state, diversity of forms of ownership, freedom of economic activity, freedom of labor and welfare state). 7.Human rights and freedoms. The Constitution of the Russian Federation believes that human rights and freedoms are biosocial and cannot be alienated (man is free by nature and cannot be deprived of this freedom). Rights and freedoms in Russia can be enjoyed by all its citizens, as well as non-citizens of Russia, regardless of their race or any other affiliation. Russia is guided in this by the Universal Declaration of Human Rights and Freedoms, adopted by the UN General Assembly on December 10, 1948. The personal rights of citizens include: the right to life, protection of personal dignity, freedom and personal integrity, privacy, determination and indication of one’s nationality and etc. To political rights - real participation in the management of the state and society, participation in the formation of the foundations of state power and local governments, freedom of thought and speech, the right to receive reliable information, the right to participate in political and other associations. Socio-economic rights include the right to private property, the right to freedom of entrepreneurial activity, the right to engage in any type of activity, unless prohibited by law, the right to choose a profession, the right to enjoy cultural achievements, etc.

Social science. A complete course of preparation for the Unified State Exam Shemakhanova Irina Albertovna

3.10. Freedom and responsibility

Freedom - a specific way of being of a person, associated with his ability to choose a decision and perform an action in accordance with his goals, interests, ideals and assessments, based on awareness of the objective properties and relationships of things, the laws of the surrounding world. IN ethics“freedom” is associated with the presence of human free will. Free will imposes responsibility on a person and assigns merit to his words and actions. IN law freedom is associated not only with the subject’s responsibility for his actions, which implies his free will, but also with the measure of responsibility - the degree of sanity or insanity of the act.

IN history: 1) Socrates and Plato talk about freedom in fate; 2) in Aristotle and Epicurus - about freedom from political despotism; 3) in the Middle Ages freedom from sin was implied; 4) in the Renaissance and the subsequent period, freedom was understood as the unhindered, comprehensive development of the human personality.

The desire for freedom is the natural state of man. This or that understanding of freedom correlates with such concepts as arbitrariness, will, necessity, etc. In the 18th century. B. Spinoza formulated the thesis “freedom is a cognized necessity”: a person is free only when he cognizes; at the same time, he cannot change the course of events, but, knowing the laws of reality, he can organize his activities with them. In Marxism, necessity appears as an expression of the natural, objectively determined for the development of events; but the task is not only to know and explain the world, but also to transform it. Freedom- this is a specifically human quality that underlies the formation of his individuality, as well as creative innovative activity. The measure of necessity and freedom, collectivist and individualistic aspiration in a person sets certain personality types.

Fatalism- a worldview concept according to which all processes in the world are subject to the rule of necessity.

Voluntarism- a worldview concept that recognizes will as the fundamental principle of all things.

Models of the relationship between the individual and society regarding freedom and its attributes: 1. Relations of the struggle for freedom (a person enters into an open and irreconcilable conflict with society); 2. Escape from the world (escapist behavior, when a person is unable to find freedom among people, goes to a monastery, goes “into himself” in order to find freedom of self-realization there); 3. A person adapts to the world, voluntarily submits to it, sacrificing the desire to gain freedom.

The core of freedom is choice, which is always associated with a person’s intellectual, emotional and volitional tension. Society, through its norms and restrictions, determines the range of choices. Freedom of choice gives rise to individual responsibility for the decision made and the actions that result from it.

Responsibility– self-regulator of the individual’s activity, an indicator of the social and moral maturity of the individual; a socio-philosophical and sociological concept that characterizes an objective, historically specific type of relationship between an individual, a team, and society from the point of view of the conscious implementation of mutual requirements placed on them. Responsibility, accepted by a person as the basis of his personal moral position, acts as the foundation of the internal motivation of his behavior and actions. The regulators of such behavior are duty And conscience.

Types of responsibility:

a) historical, political, moral, legal, etc.;

b) individual (personal), group, collective.

Social responsibility is expressed in a person’s tendency to behave in accordance with the interests of other people. As human freedom develops, responsibility increases. Freedom And responsibility– two sides of conscious human activity. Freedom is realized the more fully, the better the knowledge of objective conditions, the higher the chosen goal, when the means of achieving it correspond to objective conditions, natural trends in the development of reality. Responsibility is associated with awareness of objective conditions and a subjectively set goal, the need to choose a method of action to achieve this goal. Freedom always generates responsibility, and responsibility guides freedom.

Free will The great reformers of the church stood for unfree will, and the Jesuits for free will, and yet the former founded freedom, the latter slavery of conscience. Henri Amiel You call yourself free. Free from what, or free for what? Friedrich Nietzsche We must believe in