DEVELOPMENT OF THE IDEA OF FREEDOM IN PHILOSOPHICAL AND LEGAL RESEARCH
Journal: LAW AND INNOVATIONS (Vol.1, No. 11)Publication Date: 2015-07-01
Authors : GERMAN K. J.;
Page : 115-124
Keywords : freedom; law; expression; freedom of labor.;
Abstract
Problem setting. Freedom is one of the fundamental problems that displays complex dialectical processes of global development. Assertion of freedom in law is a necessity and the result of centuries of human development, development of legal culture and legal consciousness. Fundamental feature of freedom is impossible to reduce it to something else. The question of freedom is always open and important because of its special importance and fundamental nature. Given the historical variability and mobility of semantic understanding of freedom, it is necessary to research this type in the various aspects that help to understand the essence of freedom, which is embodied in modern labor relations in general and in principle of freedom of contract labor in particular. Analysis of recent researches and publications. The following scientists were engaged in research of the specified question: A. A. Kozlovsky, A.N. Yaroshenko, I.D. Yahofarova, L.Yu. Bugrov, O.P. Donchenko, P.N. Rabinovich, S.S. Alekseev, V.V. Zhernakov and others. Target of research. The aim of the research is to study the proposals of conceptual nature relating to the modern understanding of freedom as a legal value. Article’s main body. The article analyzes different approaches to understanding the category of "freedom." The features of the perception of this category at different stages of social development, from ancient times to the present day. The article pays specific attention to the controversial nature of the definition of securing freedom in law. It also provides conclusions about the need to understand freedom as a legal value of the XXI century. Conclusions and prospects for the development. Freedom is a valuable foundation of law. No list of rights exhausts the content of freedom because only a portion of the permitted is defined through human rights. A freedom, which is not provided through standard legal forms is to be defined and enshrined in law at the level of principle. Therefore, it is deemed necessary to undertake further research of the mechanism of practical application of specific principles in labor law.
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