Freedom is... Freedom of the citizen. Right and freedom

The Definition of freedom at all times caused a lot of discussions among lawyers, philosophers, historians, thinkers and writers. In view of this, there are three interpretations: ordinary (historical), philosophical and legal. Besides it is impossible to consider this concept in a certain context.

Historical Concept of freedom

Man the whole period of its existence, committed to liberation from something or someone. This is due to the fact that the dependence on the circumstances, whether the influence of the nature or the state is perceived as a limitation of living space and leads to the release in any way. Scientists identify fundamental freedoms as the main factor of technological and political progress.In the understanding of historians ' freedom – is the process of liberation from oppression and the influence of the past. Even Homer knew her as the life in his native land, being under the authority of anyone. Plato saw in the will the desire for the better good, without separating themselves from society. In his reflections he defines the notion of the highest freedom – friendship. In opposition to such determination stands Aristotle, saying that people – that figure differing scope for choice, unlike other creatures.

In the middle Ages views on freedom make a new turn, and the will is understood as something given by God. And such theological motifs can be traced throughout the greater part of this period. At sunset of the Middle ages in the works of Martin Luther in one row are the law, right and freedom.

The Renaissance is characterized by a humanistic turns, that is, freedom is the orientation to himself, a pledge of atonement for his sins and closer to God. By the end of the New time in the history of the definition of the considered concepts spread in the modern sense, namely as the absence of restrictions the will of the person having the right of choice.

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A Philosophical concept of freedom

Understanding of freedom philosophers did not differ from the perception of historians. But Democritus argued that the laws – it was a bad invention of wise men to live freely, not obeying the laws. This definition is rather practical load and acquires features of anarchy than is the true definition of freedom. But anarchy is destructive in its essence to the state and any society. Spinoza interpreted the freedom as insubordination and refusal to live according to the requirements of the laws of God, the piety, the humility of the people was considered a burden. In turn Hegel a little later expressed their understanding and determined that it was an abstract desire for liberation from the limitations and mutilations in the state. But specifically in philosophy, the concept originated in the period of its occurrence and institualizatsii. This period is characterized by the understanding of freedom from the point of view of the theory of natural law, according to which all people are originally equal and exceptional, subsequently this theory was the basis of civil law Roman law. Ancient philosophers were clearly aware of whatever freedom is, it cannot be infinite. This understanding is cemented by the representatives of classical German philosophy, which then formed the basis of the philosophy of Marxism. The subjective side understands fundamental freedoms as something created by the human mind in response to the same imaginary limitations. From the philosophy of Kant it is possible to allocate an objective way having limitations, but it created a government in the form of legislation. In the end, the philosophical understanding is that freedom is something beyond any limits, whether the limits of reason or the word of the law, but without there are no boundaries and lust for will.

Establishment of the legal freedom

As already mentioned, based on the concepts of "legal freedom" was part of the inherent philosophical value. Although the theory of natural law and calls all equal, but any state reglamentary Constitution and delineates the boundaries of the various criminal codes.

Human Rights

The Concept of human rights, as the interpretation of the definition of freedom is inextricably linked to the theory of natural law. In the Wake of the development of public relations entrenchment of human rights in international and national legal instruments. A fundamental factor of democracy are right and freedom. The state Constitution provides the rights, but if the legislative framework is somehow infringes on natural rights, dignity, freedom, democratic society turns into a totalitarian or authoritarian.

One of the first documents, which have made topical sistematizirovany and human rights, was the Declaration of 1776, which later evolved into the bill of rights of the U.S. Constitution. A little later, during the French revolution, was launched in 1789, the Declaration of human rights.
Summarizing and combining all the fundamental freedoms and rights, the Assembly proclaimed the Universal Declaration of human rights. Enshrined human rights on the legislative level for any state acquire the value of the rights of the citizen.

Citizen's Right

A Set of provisions in anylegal document are the rights and freedoms of the citizen. Their jurisdiction extends to all residents, shall be guaranteed and protected by the Constitution of a state. The Constitution should guarantee the inviolability of the person, the right to freedom of speech and expression and the protection of citizens even outside the country. These rights are universal because of its widespread and affect most of aspects of human life at the present stage of life.

Differences between the rights of man and of the citizen

Citizen's Rights as human rights, centuries have passed the test of time, but there is one significant difference: human rights – that's a given from birth, as natural rights, while the rights of the citizen vested in accordance with the law to a certain age, they can change over time. The rights of man and of the citizen is the Foundation of any society and a modern state. They can not repeal or radically change at the whim of one person or the interests of the ruling elite.

Legal basis of freedom of speech

The Man in any industry seeks to will, and in many independence activities associated with freedom of speech as a form of consolidation of a modern democratic society. Liberalism in the statements should not justify violence, slander and hostility, although freedom of speech – it is an inalienable and fundamental right of man and citizen. Many States are trying to regulate free speech in order to prevent racial clashes and enmity on religious soil, which can lead to violence and hatred. The principles guaranteeing this independence must be enshrined in the Constitution, but did not lead to the emergence of strict censorship that infringes the rights of ethnic or social minorities. It may seem that these statements contradict each other, and what freedom of speech can be regulated and controlled. But the democratic state has the duty to maintain balance, protect, and avoid statements that entail intimidation, violence and hatred within the state.

Constitutional right of freedom of religion

In today's world the independence of the statements is inseparable from the principle of non-discrimination on religious grounds involving the right to an independent choice of religion. You can refer yourself to the confessions and to preach jointly with others or individually, or to be an atheist.This right implies free modification of religious beliefs, the ability to disseminate and act based on their beliefs. But the lack of constraints may cause harm to a democratic state, as there is a large number of religious organizations and sects, who not only preach their ideas, but also harm society, are engaged in drug trafficking or extortion.