Idea of the rule of law in European philosophy

Abstract

The article analyses the origin and formation of the idea of the rule of law in European philosophy. Prerequisites of this idea are revealed in the Bible, in particular with regard to justice, constitutionalism, the rule of law and justice. The article also explores the concept of Aristotle, the ancient Stoics, and such medieval thinkers as Augustine and Th omas Aquinas. The article pays special attention to an analysis of the concept of law in the Enlightenment, the idea of natural law and the state of the social contract, the principle of religious tolerance by Hobbes, Locke and Kant. In addition, it focuses on the analysis of the concept of philosophy of XIX century: V. F. Humboldt, Mill, Hegel, and Russian thinkers B. N. Chicherin and V. S. Soloviev. In this context, it suggests that the Russian philosophy of the law developed the concept of ethical and legal state that is still relevant to the present time. Finally, the article draws a conclusion about the dialectical nature of the development of the concept of law and its basis, and the idea of human rights. In the modern era this concept gets a new dimension, including new individual rights, including those caused by political differences.

Keywords:

law, state, person, freedom, culture, law power