THE ALIENATION ALONG THE SOCIAL CONTRACT: COMPARATIVE ANALYSIS OF BASIC FEATURES OF ALIENATION AND DEALIENATION IN THE CONSTITUTIONS OF BURGIUM-DEMOCRATIC, SOCIALIST, POST-SOCIALIST AND THEOCRATIC AND CLERICAL STATES
In the present work the phenomenon of alienation, accompanied the modern formal social contracts – constitutions, is studied. The constitution, considered a formal social contract, is a legal act of alienation of the civil society and the governmental authority under the certain terms. In the contex...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Jurist, Publishing Group
2019-06-01
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| Series: | Сравнительная политика |
| Subjects: | |
| Online Access: | https://www.sravpol.ru/jour/article/view/980 |
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| Summary: | In the present work the phenomenon of alienation, accompanied the modern formal social contracts – constitutions, is studied. The constitution, considered a formal social contract, is a legal act of alienation of the civil society and the governmental authority under the certain terms. In the context of methodology of the legal political science (the political science of law), the system comparative analysis of major features of alienation and de-alienation, corresponding to the constitutions of bourgeois – democratic, socialist, post-socialist, theocratic and clerical states, is performed. In the work a historical – materialistic approach, according to which the natural state (the interpretation of primitive living) and the social contract (the act of alienation of people’s rights to the benefit of the establishing state), is used – the necessary fictions of anti-feudal natural legal theory, formulated in the Enlightenment. In practice the modern states define the people’s rights and the “government’s”, provide for the opportunities of flexible alienation and de-alienation of all the constituted social relations through the formal social contract – the Constitution. This logical scheme constitutes modus operandi of all the study, in the result of which the author came to the conclusion that different types and forms of alienation are immanent to the social contracts (constitutions) of the countries with various social and political system; the ways of constitutional de-alienation are various as well: modernization of the system of rights and freedoms, social guarantees, state-party and state-religious ideology, etc. This process is relatively unlimited, determined by the civilizational features of societies, but, mainly, by the progress of productive forces and productive relations, the inevitable revolutionizing of which raises new issues of alienation and de-alienation on the way to the common good of humanity. |
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| ISSN: | 2221-3279 2412-4990 |