Question of the Property in Context of the Social Contract Theory

  • S. Butenko Postgraduate Student of the Department of Philosophy of Law and Legal Logic of the National Academy of Internal Affairs, Kiev, Ukraine
Keywords: ownership, civil society, social contract, property, individual, society, philosophy of ownership

Abstract

In the article it is analyzing the main conceptual approaches to the understanding of the property essence as a philosophical category in context of the society contract theory. The author considers this philosophical conception regarding questions of property in the aspect of its influence on formation of the social relations in the society’s activity, in particular principles of law, functioning of the public authorities and institutes of the civil society, and also on the national legal consciousness, the level of the welfare and well-being of the people. The theory of the social agreement a long time was the most popular between philosophical scientific theories in the field of property, but not a single at all. Its authors and followers opened up philosophers and economists which adhered other theories, in particular about theocentric and about anthropocentric origin of the property. The first of them deleted on the doctrine, pursuant to this God is defined as a Absolute and perfect existence, and then all property belongs to Creator, and the people, in that way, its «renters», others – defend conception, regarding its the person is a center of the Universe and the aim of all events, and consequently and rightful from the nature owner of all property. Theoretical base of the research is a philosophical-legal sources of the European Middle Ages and New Ages, historical notes of law, works of the native and foreign scientists in the field of economics, law, history, psychology and culture. The article analyzes the main conceptual approaches to understanding the nature of the property as a philosophical category in the context of the social contract theory. The author examines the philosophical concept for the property in the aspect of its influence on the formation of social relations in the society of life, in particular, the principles of law, the functioning of public authorities and civil society institutions, as well as to the national sense of justice, welfare and well-being of the population.

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Author Biography

S. Butenko
Postgraduate Student of the Department of Philosophy of Law and Legal Logic of the National Academy of Internal Affairs, Kiev, Ukraine

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Section
Philosophical problems of particular branches of law studies