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§ 3, Ordering of representations about the natural death (With, Pufeidorf)


The doctrine about the natural death developed to the beginning of an epoch of the secular natural death within the limits of G.Grotsija's is natural-legal systems and T.gobbsa. They have formulated problems, proceeding from requirements of time, and their doctrines contained basically all rational means for the permission of these задач* the Contradiction between them has found reflexion in
Novgorodtsev P, And, Historical school of lawyers.
SPb., 1999. C - 24.
! *трудах the German lawyer Samuelja Pufendorfa1, tried to systematise the natural death [67 [68].
Main products Pufendorfa, along with historiographic, such, as “Eris Scandicajs (“ the Swedish disputes ’ "1673, 16&6) where polemic with staroljuteranskoj theology and directed against Reformatsii late scholasticism is led, are:
tiElementa jurisprudentiae universalis libri IP (“the Beginnings of general jurisprudence" ’, the Hague, L660);
Under pseudonym Serverino de Montsambano “De statu imperii SegtapG (’" About a state system of the German empire ", 1667) criticising the constitution, political product of the first rank which along with publicistic enopHbLMH products of that time about the relation of empire and freedom of princes, means the ideal beginning of the rational and empirically proved criticism of concrete state formations on the German earth.
l4De jure naturae et gentium libri VHI (“About the right natural and the people", 1672), the fundamental textbook of the natural death;
The short, very successfully constituted plan of this basic product “De officiis hominis the expert civis juxta legem naturalem libri P” (”0 posts of the person and the citizen”, 1673)
As is social-philosophical main achievement Pufendorfa can serve, according to works Belnelja, creation of an independent social ethics and. Moreover, social anthropology and culture philosophy. And also about the basis of secular belief in humanism [69 [70],
Pufsndorf was under influence absoljutistskogo the princely state which was formed after Vestfalsky world I64S of year. Thus, according to G.Mittajsa. Natural death Pufendorfa first of all became the doctrine about the state ethics and the civil rights [71].
The idea of the natural death was in the centre of a new epoch. For its development it was necessary to solve following problems: to establish a way future estestvennoju the rights between naturalistic sociology and the humanities, to resolve dispute with still dominating scholasticism, to carry out plan Grotsija for development of scientific is natural-legal system, to define for bore material bases, Ca mu ale Pufsndorf undertook performance of these problems. "A clear head, without special ingenious endowments, but resolute and without prejudices, it courageous and ready to dispute has carried out these problems with indestructible belief owing to reason and by that not only has planned a way of the is natural-legal doctrine, but also has put in pawn bases for political ideas XVlIl of a century, for the rights and freedom of the person ’*1.
Thanks to Thomas Gobbs, the causal natural sciences have declared the domination in the field of natural права* Centuries since Platon and Aristotle's times, in the Middle Ages and to Grotsija, the doctrine about the natural death was the humanity.
The nature was entered into an inner world teleologicheski, she was spiritualised by means of immanent definition of the purpose. First of all, the doctrine about natural movements has transformed all event in the world into the sensual process defined by spirit. The natural sciences of New time have intruded in this process not only by means of supervision replacement with the mathematical analysis and the purpose by means of causality, and first of all by means of change of the subject. Bee the event was now not spiritual, and is faster physical, "Materialism" has superseded "spiritualizm". The mechanical explanation of the lifeless nature was transferred on wildlife: vegetative and fauna, the person and a social life. Descartes named animals difficult mechanical automatic machines, and for Gobbs all existing covered only “a body **, the weight an event is only“ movement of bodies * ' which submits to mechanical necessity of causality. The natural death has appeared on a dangerous way, following to which it should turn from a science about norms to causal natural sciences, in naturalistic sociology. In is natural-legal doctrines Grotsija and Gobbs two various types of a social science have been contrasted simultaneously. One subordinated the nature to teleologic categories of spirit, another included spirit in causal processes of the nature, than mechanised them [72 [73].
On this cross-road was Pufsndorf when created under influence svoeju jekskogo learn §-elja Vejgelja the first theory about essence of an inner world unlike the physical world - the Doctrine about moral forms of life (entia moral і) Pufendorf considered so important, that has devoted it completely the first book natural and international law. % g ju-indifferent in relation to the physical reasons and positive moral communication with higher norm or the law. This norm gives to will a way poznaki I t with which help it is possible to judge good or bad actions a moral aspect. On the basis of coincidence or contradiction C the norm at free action to its physical components adds new moral quality thanks to which action in the moral relation becomes various. In this moral difference entia moralia difference from entia physica* All physical elements of action consists it sushchestven it (together with their mental elements) abstract from entia moralia - are completely indifferent in the valuable relation, that is neither bad, nor good. So physical elements of many in the moral relation extremely various actions can be identical, (for example, fulfilment of murder by the murderer, the executioner, the soldier pli defending). They get valuable distinction thanking entia moralia just because are moral, that is making sense ways of behaviour '.
C this essential distinction entia physica and entia moralia connects another - monotony of the physical world in relation to a variety moral. Separate kinds of animals have almost identical instincts; the one who knows one copy, knows all. But among people position operates: how many goals, are so much minds and chains. Just this spiritual variety leads to mankind progress, however can cause mess if it will not be put in order by means of laws. Operated laws, the eye promotes an excellent order and beauty which never could arise from monotony. Distinctions between the physical and moral world are characterised by three steams of concepts; causality ■ freedom, valuable
*
Indifference ■ possession value, monotony ■ многообразие* 13 validity the basic distinctions of the spiritual and physical world are developed with surprising confidence and clearness. To them относятся* first of all, principles vmenimosti free actions In DISTINGUISH Є from kevmenimosti causal processes. Preconditions are for this purpose developed Pufendorfom on the basis of Aristotle's doctrine and by that it pawns a basis дія legal doctrines about responsibility in the future. Specially for the doctrine about the natural death in relation to natural sciences you delena own area of research with the subjects and laws. Danger of naturalisation of the natural death under the pressure of natural sciences was устранена3* Pufevdorf underlined, that all values (norm) operate only thanking “impositiones” (values) agree to an ox oga or the person. He considered as sources of these norms reason, the law (power) and Divine Revelation-.
The reason is a source for the general duties of each person. The science about these duties is natural правом* From legislature instructions follow обязанности* which are assigned to the person as member of the certain people and state. A science about duties of this category ■ jurisprudence, a positive law. From Divine Revelation I follow! Duties of the person - of the Christian. A science about social and individual duties of the Christian - moral theology. Hence, the natural death ■ this social doctrine which does not depend from философии* not identically with jurisprudence and is directed on the world of a public life which on the secular essence teologicheski does not give in to knowledge. The branch from moral theology was for Pufendorfa not a simple problem as, from [74 one parties, he understood the natural death as the rational legal system, and on the other hand as the ethical doctrine about обязанностях1.
Doctrine P at the hair dryer d orfa about entia moralia. As its contemporaries adhering to scholastic sights believed, was the most dangerous innovation, that, in general, testified in favour of originality of this doctrine. Ngo products were exposed to the furious criticism, including from dogmatic persons-Protestants. Struggle against scholasticism dominating at Protestant universities was a component of the second problem which has fallen to lot Pufendorfa, - to approve principles natural права* It proceeded almost two decades, and the subsequent generations with gratitude responded about Pufendorfe. Christians Tomazy wrote, that the scientific world of that time has wallowed in prejudices old учений2.
The certificate of branch of a natural social ethics from theology according to its scientific предмету* released a place for system of laws of the natural death was the first precondition for this purpose. This certificate was carried out during the polemic stated in "Bris Scandica" (“the Swedish disputes”) with Leipzig ortodoksiej ruthlessly, accurately and methodically ясно5* the Example of that is dispute with Leipzig theologian Valentine Alberti who, as well as other Christian philosophers of time, developed the specific Christian natural death from the orthodox doctrine about an innocence condition. The knowledge extracted from legends and Revelation they used the Christian natural death, but also the Christian logic, physics, mathematics as bases from which rationally could develop any science, not only, etc. Dispute has arisen, when Pufendorf has paid attention to position Grotsija, [75] that the natural death is the general for all and does not suppose religious distinctions, it has broken Arguments of the opponent, resulting ironic arguments, for example: 51 Arhi honey would not be the worst mathematician only because it was not the Christian "1. He wrote also, that when wish to do business, wars or to make peace with Turks or язычниками* that require the right which has effective force for all people, and not just for Christians. The doctrine about a condition of innocence and about similarity of the person to the God of nanosecond gives to us of concrete statements about social relations of people among themselves. By knowledge of natural death Alberti it is obliged Гроцию* instead of to the orthodox doctrine about an innocence condition. Therefore he recognises, that it considers a general law according to the general method that it was clear everything, abstracting it from each special religion. Christians are not less reasonable, than Turks or pagans and differ from the last not the natural death, and religion [76 [77].
Even more dangerous and strong opponents Pufeshjurfa have arisen in camp of Protestant scholasticism. According to their doctrine kindly and angrily ■ eternal ideas, eternal based in the nature of things essence which the will of the God which and then butut are valid cannot change even if there will be no God. But it contradicted religious beliefs Pufendorfa which believed in God more strongly, than its opponents theologians. It has intentionally limited the natural death to a life in this world because it is impossible to deserve honesty eternal благо* Not the work and decency the person something from Eora1 and that the God gives deserves, It gives out of charity without any merit. The precondition of it is the belief in Jesus Christ in which the person trusts the higher happiness entirely to It to one and the merits searches for pardons of sins, justice
Xd
Before the God and an eternal life. Behaviour consecration is not for the union with the Christ condition precedent, and is faster result and a necessary consequence of the justification and revival. The union good luck is not the mutual contract, and the relation when one party gives another out of charity, but that the second party returns, is not compensation, and only the certificate of grateful and devoted heart. Thus, all morals, whether it be the natural death or moral theology, are limited by a terrestrial life as in on that sjur opium the world it is impossible to find rescue. Only the belief can open to us access to the higher happiness. In understanding Pufendorfa, the belief in the Sacred Trinity constitutes the base of Christian religion. Without bore there is only a moral philosophy as if the God did not comprise more than one person nanosecond would be neither the saviour, nor disposal, neither belief, nor the justification '.
The internal essence of religion differs from ethics. Ethics are limited to the organisation of a terrestrial life and the internal relation of the person to natural laws breaks up to the doctrine about the natural death which subject are mostly external actions of people under the relation to each other, and natural religion which considers the relation of the person to the God as to the creator, to the mister and the legislator of the world and, simultaneously.
According to Veltselja, Pufendorf. Developing these thoughts, it is ready posledovatelnee adheres Luther's doctrines, than its opponents - Lutheran theologians as Pufendorf referred to Luther's statement that it is possible not to be the supporter aristotelevskoj scholasticism, remaining thus the good Lutheran ^.
However difference of its views from is natural-legal doctrines of Protestant scholasticism is connected not only with belief, it is [78 [79] scientific. Tejис about existing in itself essence of the kind and bad has led to the doctrine, that certain actions can be in itself good or bad (Foma Akvinsky). Larceny, conjugal fidelity infringement, inpest etc. are itself *! On itself and by the nature the bad. Thereby believed, that the truth similar to mathematical axioms expressed. Pufendorf has opposed this doctrine. The main task consisted in finding out, why this action good, and ju the bad. However, the one who refers to action in itself, gives out the simple statement for a l diet ьеіьій a sight, not having the proof. Pufendorf has complicated the problem when investigated ethical necessity of a monogamy or incest prohibition. When it has come to conclusion, that that and another represents the best regulation of sexual relations, but that it is impossible to prove their unique validity by means of the natural death (where it only developed further opinion Grace), the storm of indignation has fallen upon it [80].
The bad and good does not exist in itself but only in relation to субъекту* which actions can be good or bad, and that is the person. Good to bad ■ it consequences of properties of a human nature. Its opponents resulted arguments, that the human nature is an eternal idea and consequently laws deduced from it also eternal истины* However Pufendorf challenged this statement: human nature not rational idea, and creation of divine will. As the God has created such being with the rational and social nature also ways of behaviour inherent in these being are correct. But connection of "rational" and "social" does not comprise logic neob go pave, and is product divine воли2,
According to German і about the lawyer [\Veltselja, Pufendorf contradicts to itself as existence of the rational natural death is connected with rational idea of the person. Without it the basis of the rational natural death appears is undermined. To overcome idea of the "natural" right, the understanding of historical human nature was necessary yet possible the then. However he tries to formulate the general concept based on опыте* which would allow to return a basis of the general natural death. He expressively underlines, that its higher principle of the natural death not an obvious axiom, and is deduced from supervision which are offered by the nature of things and the person and which the person in senses cannot call in question. Pufetsdorf compares it to hypotheses of natural sciences of Kopernik. It deduces this higher principle of the natural death from human nature supervision, the most strongly pronounced quality which human weakness is “imbecillitas”, go there is беспомощі a visitor of the person given. To it corresponds (as at stoikov) necessity of self-preservation for quality “the first natural death. The higher from here follows reguljativnyj a natural death principle“ social] tas ”community, that is necessity and ability for the person to live in association with other people. He understood as this principle also keobuslovlennosg, morals and freedom, creative force of the person, Ct4O"project"for the organisation and a peace arrangement. This principle is reguljativnym a principle of a way of life, and tte as at Gropija - a teleologic natural instinct (an internal voice of human nature). Under the maintenance it coincides with “humanitas”, that is is a part of a principle of humanism and is essential line of all human. It corresponds to thought stoikov about “the second natural death” [. The society exists thanking естественномуRl
! »
To the law ttIex naturalist according to which each person should aspire to harmonious сообществу* This natural law is the order given by the external power, individualistic representation of concept of society Pufendorf Here clears up and, the Natural law is for it the force establishing duties before members of community. It is shown not in spiritual idea of all mankind, and represents objective system of norms which formally separates area permitted n разумною* Dli a legal estimation of human action not only conformity of an essence of a human nature is solving, and conformity to the external order of reason. The idea of the right and concept of the right here merge, Thereby 6ьїло the beginning to branch of the right from morals is granted. The individualization of basic concept of a society has been for this purpose carried out. New definition of concept of a society as associations of the separate persons which necessity is based owing to biological feebleness of people on the general for all reasonable aspiration to a hostel and is formally carried out thanks to the obligatory force of the natural law ttIex natural is * ', means the basis for formation of individualistic concept estestven] that right. It accepts now the legal form, In law in force positions it is possible to see principles of natural laws “leges naturalis". During this research Pufendorf comes to conclusion: that mismatches ttIeges naturalist is the artificial right. The natural laws found out thus are turned to separate persons as legal приказы* Necessity for separate persons to live in a society and the natural law obliging it ttIex naturalist Instructions of sensible reason t are osiovrgymi concepts on which basis Pufendorf has developed special concept of the right, (dictamina rectae rationis ”consist of absolute instructions of the natural death“ praecepta inns natural] s absoluta4 ’ and from hypothetical instructions estestvennoju the rights "praeceptajuris natural is hypothetical Absolute instructions of nanosecond assume state existence, they operate proceeding from a human nature it agree to an ox of the God. Hypothetical instructions operate proceeding from the reasonable nature human establishment and relations. As both those and other instructions mean interaction of individual and social actions they form only degrees of the duty assigned to separate persons. Absolute instructions carry out directly natural law lex naturalis ”, which though and n to the weakened form, operates in hypothetical instructions. Both kinds of instructions differ from positive civil law. According to it no human condition is impossible without the right, problematichiym was for Pufendorfa branch of the natural death from civil law as instructions of the right reason“ dictamma rectae rationis "constitute the reason of action and that and another. Problem Pufendorfa consisted in showing, that a human arbitrariness cannot change the natural death. Rmv it is possible, as the concept of an arbitrariness contradicts representation about reasonable community, the God has created the person in such a manner that he aspires to a reasonable hostel, In sense of the independent existence from human will the natural death is the divine law [81].
From a principle “socialitas” Pufendorf has developed natural death system as a whole from an individual to marriage, a family, community, corporations, communes, the states and to the international community.
The principle of sociality Pufendorfa, according to Veltselja in spite of the fact that it comprises idea of humanism, is still formal enough. But for its time it nevertheless meant clearing from become sterile scholastic tautologies and dogmatism of in itself good or bad actions. This clearing was paid compliments by young generation. Method Pufendorfa has received fast application as has given the chance to consider independently things, to investigate “for ' 1 and contra monogamies or the material basis zaprela incests without prejudices and a taboo aprioristic sushchnostej.
According to Viakera if Pufendorf still keeps traditional division rub parts - divine, natural and civil law, actually Divine Revelation (“the Kingdom bozhie”) is removed from area of natural reason and at the same time from area of the natural death by means of prepared by Luther, but left on a destiny arbitrariness its followers for the sake of kalnogo decisions on an internal land osti in the field of natural reason and together with it of the natural death and on the contrary '. Just thanks to this division staroljuteranskaja belief, on the one hand, and “natural religion * ' as a subject of knowledge of reason, on the other hand, can exist the friend near to the friend. Also here it is possible to speak about sekuljarizatsii” clearing of church influence of discipline of the rational right, but not about clearing OrI of church influence of thinking. Here reorganisation of all preconditions of is natural-legal tradition which Pufendorf in area moralno'filosofskoj to anthropology has widely stated in the first book of the main product is necessary!, dispute Pufendorfa with Protestant scholasticism is struggle of new thinking against out-of-date tradition, as well as everywhere in Europe to beginning XVITI of a century.
IIa to this basis Pufendorf has carried out plan Grotsija on creation of scientific system of the natural death. Its systematisation served as the sample for the subsequent doctrines about the natural death and appeared thanking it of codes of laws (as, for example. The general code of laws of Prussia) and
і
Wieacker F, and. And. O S, tSl,
Today huge impact on the strong tendency to a system in a German science About the right makes.
But material principles of the doctrine about natural death Pufsndorfa which in concept * ‘ $ ocialita $ ”are expressed not completely are historically even more considerable, Those are ideas of freedom and equality of all people. Already developed in the first book of its main product kulturno'filosofskaja the theory is constructed entirely on a principle of freedom unlike causality природы* This anthropological concept of freedom develops in is social-ethical and legal concept of freedom which Pufendorf develops in the following книгах1.
It considers the own natural death in the second book, defining the person as the free being is moral. The god is above the law because He is the law, Limited freedom of animals is out of the law and copes natural инстинктами* Advantage of a human nature demands is moral connected freedom without which are impossible an order, value and beauty human жизни* On it the higher recognition of the person is based, 1TTO it possesses immortal soul which is lighted up by reason light, ability to discriminate and choose and has experience in various arts, Already in the name of the person we consist advantage. And as it is inherent in all людям* that each person is equal to another from природы2. This "natural" equality - nanosecond equality of force as at Gobbs, and equality in the right which is based that a duty to live in a society connects all people equally as it is connected with a human nature as that. Therefore Pufendorf resolutely denies Aristotle's doctrine about the slave by nature to which referred
jWebd N, and. And About S J4CM4I
2 Gehnuanu S. NatuTrecht und Staai bd tiobbes, Cumberland und Pufendoif. Koln, 1070. S. 30-40Гроияй, power Relations can be based only on the free consent. The contract provides the rights on свободу1*
From moral svobodt which constitutes advantage of the person, jy'gekaeg is natural-legal equality, from is natural-legal equality is natural-legal freedom. Weight public relations with power and submission relations are justified on the basis of the agreement of free and equal persons. The idea of human advantage P based on moral freedom at the hair dryer dorfa is in the centre naturally - legal system Pufen dorfa. It fills thought on a sociality with the own maintenance, it penetrates judgement about all legal relations in system Pufendorfz and promoted struggle for human rights. According to E.Volf, these thoughts of nanosecond are identical neither with Christian idea about human достоинстве* nor with later representation of the Edging about freedom as essential difference of the person. They are based not on philosophical or theological идее* and on empirical supervision of history and a social life ^
Historically Pufendorf promoted declaration of human rights in America. It is surprising, that is natural-legal doctrines P at the hair dryer dorfa to Lock were popular on the American earth. Priest John Vize (1652-1725), the father of the American democracy, from Massachusetts was the supporter and the distributor of ideas Pufendorfa. In struggle kongre ї’ационалистов against presviteriantsev which, in essence, was struggle for political democracy in XVilI a century, the Visa leant against is natural-legal doctrines Pufendorfa and James Otis, Itself z l has developed on their basis of idea of human advantage and демократии* Other American revolutionaries, as, for example,
3Welzel H., and, and, About S, 141
Wolf tv Bas Problem der Naturrechlslе^те. S. 137
’ ibid. S 137.
daadjams and John Adams, well the doctrine knew Pufendorfa and used its products.lI1JiH reinforcements of the political theses. However as a whole Lock's doctrine had bolshee influence, than doctrine Pufendorfa. According to Lock's doctrine the major natural death on freedom is the property as which he understood the physical integrity and the right of l and a life, and the state purpose - is sewn up properties. Thus, with England it was possible to give reason for a direct external occasion to dispute is better, than by means of doctrine Pufendorfa. However in America never forgot about ideas of moral freedom and human advantage from which it was possible to scoop the rights on свободу5.
Thus, thanks to self-affirmation in relation to the physical world, Pufendorfa actually it is possible to recognise as the founder of sciences about culture; only it has given the chance etizapii a positive law by means of natural права2.
Thanks to Twist to gel and Descartes, Pufendorf reaches methodical dualism of new European thinking. It follows a method of logic rationalism, creating from matematicheski the formulated axioms politica architectonica in which each part can be reduced to axioms. But performance of this plan shows harakteri ™ communication between ' deduction and an induction, an axiom and experience or supervision of an analytical or synthetic method at Galilee and Descartes. If humanist Grotdy proved the international legal positions proceeding from sheathe weights of the European literary tradition Pufendorf, being tore up mazikom, addresses to direct supervision. As this supervision not only gathers, but also theoretically
Wdzel n, u About S1 143-144,
Wolf Er, gi a. G 3. 137.
I Welzd H1 and and About S 146, Wieacker F. And and. About S. 183.a [82]>
We will be organised, it is shown in its product iiDe statu imperiiа also n details Cto of the main product. By means of a combination of both methods Pufendorf has created the first present system of the general theory of law which not polko gives to the traditional maintenance the new form (as systems of humanistic jurisprudence of the Renaissance), and itself causes the maintenance of a social picture, masters it and enriches; the system which can be compared to Spinosa's almost simultaneously appeared ontologic system ("Ethics" is finished in 1675 g, n is published in 167 7г.) and physical Newton (1б87)],
This system continues to live and till today in codes of laws of many countries of Europe as all of them without an exception are based on ordering of jurisprudence by means of the natural death; especially "General parts" of some of these codes are inconceivable without works Pufendorf and. The problems put to it deepen understanding of today's private law in Europe. Especially it is necessary to allocate the contract and the promise, the property, and also the maintenance of the debt right.
The theory of contract Pufendorf creates in the third book about society construction, and also in connection with Gobbs - criticism, the Contract is clearly expressed unity of will. Thanks to the central statement of the contract in general theory of law Pufendorf became the father of "general part" of the theory of law which kernel is the doctrine about the legal transaction, Pufendorf develops the further conditions of effectiveness of the contractual promise. The initial impossibility, an interdiction, custom infringement do its void; it is impossible to promise another's actions and a debt available already once again, than Pufendorf promotes uchen §lo Grotsija about double purchase and laws which the natural death has influenced,
Special attention sights Pufendorfa at an origin state власти* deserve mutual relation of a sovereign and citizens. At the heart of its reasonings ■ the concept natural dogosudarsgvennogo общества* On Pufendorfu, the state and the individual not contenders as the state is necessary for the individual for its own blessing. The state restrains natural freedom of the individual, but does not cancel it absolutely. He can refuse it. Being guided sensible смыслом* Separate individuals, refusing in a certain measure from freedom, conclude the contract. At Pufendorfa citizens are connected with a sovereign through the contract on which it cannot use the power differently, than for the blessing подданных* As present Lutheran Pufendorf demands from a sovereign defined аскетизма1*
Doctrine Pufendorfa was popular in Europe in XVU-XVlIl веках* Its brilliant work “About duties of the person and the citizen" served as a management at training to jurisprudence in many West European educational institutions. At nemettsenh lawyers its doctrine has found a wide circulation. The theoretical tradition of a moral substantiation of the right, going from Pufendorfa, has been developed by its followers Lejbnitsem, Tomaziem, Volf and has made huge impact on Канта*
In Russia book Pufendorfa "G posts of the person and the citizen under the law natural" was perevede і ^ and on Russian by order of Peter 1 and is published in 1726, At university at the Russian Academy of Sciences based in 1724-1725, along with other sciences taught and “the nature right" on Pufendorfu. V.Tredjakovsky has written сочинение* stating a natural death course on Пуфендорфу* In 1755 in again открыто*м the Moscow university among other disciplines the natural death by professor Dilteem Ф*Г> was taught
‘ Malysheva N.I.Poli_iko-dravovoe heritage Samuila Pufendorfa H Jurisprudence. 1999. №1. With. 125-12ft*
At I
Stated on Пуфендорфу1. At Catherine II doctrine Pufendorfa was authoritative and so proceeded up to 70th years XVlII centuries when doctrine Kanga became popular. The analysis of doctrine Pufendorfa is made by Russian lawyers K.A, nevolinym, B.N.Tchitcherin, N.M.
Коркуновым2.
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A source: RJABCHENKO Hope Gennadevna. PROBLEMS OF NATURAL LAW IN THE DOCTRINES OF GERMAN LAWYERS. DISSERTATION on competition of a scientific degree of the candidate of legal sciences St.-Petersburg - 2002. 2002

More on topic § 3, Ordering of representations about the natural death (With, Pufeidorf):

  1. genesis of representations about the natural death during an epoch of Antiquity and their realisation in the Roman Law
  2. § 1.2 more likely operates. PRACTICAL PRECONDITIONS of ORDERING of REPRESENTATIONS ABOUT RIGHT NEGATION
  3. §1. Concept of the natural death. Ilyin about the spiritual nature of the right.
  4. rationalistic concepts of the natural death and their realisation in the legislation of New time
  5. § 4. Evolution of the concept of the natural death in XVIH century
  6. traditions of scientific school «revived natural death»
  7. § 1. Preconditions and consequences of crisis of the natural death in the end of XIX - the beginning of XX century
  8. the relation to the natural death theory in postclassical legal philosophy XlX of a century
  9. treatment of problems of the natural death in Russian filosofsko-legal thought
  10. THE CHAPTER II. I.A.ILYIN ABOUT THE NATURAL DEATH.
  11. features kommunitaristskoj natural death concepts
  12. influence of religious-moral values on process of formation of a problematics of the natural death
  13. § 2. Conceptual registration of idea about the natural death (And, Oldetsdorp, I.Altuzy)