The Social Purpose of the Modern Democratic State
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Abstract
The article discloses problems of the social purpose of the modern democratic state. It is emphasized there that the classical liberalism has granted not only negative human rights and freedoms (as the valuable foundation of the law), but also the conception of the state submitted to the rule of law for the Western legal culture; the purpose of such state is to guarantee the negative liberty of the man and his negative rights while making its intervention when one person violates the sphere of the liberty of the other person (the function of “night watchman”).
The author emphasizes, that an individual must have not only formal, but also real human rights nowadays; in other words, the universally recognized principle of legal certainty must be realized. Social and economical rights exactly help to achieve that reality. Social rights are closely related with the principle of public solidarity. The article expresses the idea that principle of negative liberty, principle of formal equality and principle of solidarity may coexist and must coexist. Thus, the system of fundamental legal human rights and freedoms consists of not only negative (civil and political) rights, but also of positive (social and economical) rights, i. e. the coexisting system of them. However, the modern state, which purpose is to guarantee the reality of human rights, cannot deny negative rights of a man, i. e. it must remain the state submitted to the rule of law. In other words, it must realize not only its social purpose, but also old functions of “night watchman”.
The author emphasizes, that an individual must have not only formal, but also real human rights nowadays; in other words, the universally recognized principle of legal certainty must be realized. Social and economical rights exactly help to achieve that reality. Social rights are closely related with the principle of public solidarity. The article expresses the idea that principle of negative liberty, principle of formal equality and principle of solidarity may coexist and must coexist. Thus, the system of fundamental legal human rights and freedoms consists of not only negative (civil and political) rights, but also of positive (social and economical) rights, i. e. the coexisting system of them. However, the modern state, which purpose is to guarantee the reality of human rights, cannot deny negative rights of a man, i. e. it must remain the state submitted to the rule of law. In other words, it must realize not only its social purpose, but also old functions of “night watchman”.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
