The political-legal doctrine Marsilius of Padua

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1 Political and legal ideology of the ancient world and the Middle Ages:

The doctrine of F. Aquinas on the state and law

Dominican monk Thomas Aquinas taught that povinovatsya authorities should only be to the extent that they are blessed duhovnoy power. If the power just conquered, taken away from zakonnogo ruler, every have the right to resist it. Similarly, you can and should not obey the orders of the authorities, if they prescribe sinful acts. Thomas Aquinas was a supporter of the monarchy. However, he razlichal two types of monarchies: the absolute and political. Politicheskuyu monarchy he considered preferable, because it Monarchs guided by the law and act within it.

2 The political and legal ideology modern and contemporary times:

Hegel's doctrine of law.

Right on GVF Hegel, is that the actual existence generally have actual existence of free will, which coincides with philosophical dialectic construction of the system of law as a realm of realized freedom. Freedom is the basic definition of the substance and will. It thus comes to mature, rational will, which is free. The notion of "right" is used in Hegel's Philosophy of Law in the following basic values: the right to freedom; the right to a certain degree and form of freedom; law as the law.

3 Give the definition of the following terms:

Dhama- is a key concept with multiple meanings in the Indian religions-Hinduism, Buddhism, Sikhism and Jainism

Daoism-are the subject of an ongoing controversy over the preferred romanized spelling for the native Chinese philosophy/ religion of taoism

Islamic (Muslim) law- is the religious law governing the members of the Islamic faith.[1] It is derived from the religious precepts of Islam, particularly the Quran and the Hadith

Shariat -another name for sharia, islamic canonical law based on the teachings of the Koran and the traditions of the Prophet (Hadith and Sunna), prescribing both religious and secular duties and sometimes retributive penalties for lawbreaking.

Socialism - A political and economic theory of social organization which advocates that the means of production, distribution, and exchange should be owned or regulated by the community as a whole

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1.Political and legal ideology of the ancient world and the Middle Ages:

Political and legal views of Augustine

Augustine was a prolific author who developed the main provisions of the Christian philosophy. His political and legal views presented in the works of "City of God", "The Free Will" and several other works.

In developing Augustine Christian concept of human history, which is based on the biblical position, all the social, public and legal institutions and the establishment appear as a consequence of human sinfulness.

2.The political and legal ideology modern and contemporary times:

Historical School of Law.

The historical school of law - jurisprudence for the first half of the XIX century. It originated and received the greatest popularity in Germany. The founder of the historical school of law is considered Savigny. Historical School of Law advocated the feudal system, against the transformation of the existing relations with the new legislation, explaining it by the fact that the law should develop historically.

Gustav Hugo (1764-1844)

Friedrich Karl Savigny (1779-1861)

F. J. Stoll (1802-1855)

Georg Friedrich Puchta (1798-1846)

Karl Friedrich Eichhorn (1781-1854)

3.Give the definition of the following terms:

Dharma –is a key concept with multiple meanings in the Indian religions-Hinduism, Buddhism, Sikhism and Jainism

Dharmasutry–Ancient Indian lawyers, relating back to the Vedic literature.Oni refer to the V-VI century. BC X. Subsequently, one metric lawyers develop the so-called dharmashastr, specimen of which is lawyer Manu

Dharmashastr–contained various rules of conduct: legal, religious, moral and ethical norms, which have been virtuous in terms of Brahmanism. Dharmashastr formally were not a collection of laws and had no binding force. But they were the main regulations and rules, which are defined as the people had come into the public and private life, depending on whether he belonged to a caste or class.

Leninizm- философское, политическое и социально-экономическое учение, созданное В. И. Лениным в развитие марксизма. Термин «ленинизм» введён в оборот И. В. Сталиным[][] в классическом определении (1926): «Ленинизм есть марксизм эпохи империализма и пролетарской революции»[1]. С ленинизмом самоотождествляют себя такие противостоящие друг другу направления, как троцкизм, сталинизм, маоизм и бордигизм.

Eresy- a conscious deviation from someone considered true religious teaching, offering a different approach to religious teaching. So representatives of two different religious teachings can mutually accuse each other of heresy.

 

6-билет

1.Political and legal ideology of the ancient world and the Middle Ages:

The political-legal doctrine Marsilius of Padua

Marsilius of Padua defended very bold thesis that the real source of all power - the people. However, under the people Marsilius of Padua went without saying not all the population of the state, but only the best, worthy of it. How deep it remained in the XIV century. belief in natural human inequality, says the fact that Marsilius of Padua and shared members of society into two categories: the highest and lowest. Higher is the common good; lower take care of their private interests.

2.The political and legal ideology modern and contemporary times: