Thomism. J. Maritain - History of Political and Legal Studies

Terrorism. J. Maritain

Tomism The Catholic Encyclopedia of 1913 defines as follows: "In a broad sense," Thomism "is the name of a system that follows the teachings of St. Thomas

Aquinas in philosophical and theological issues. In a more narrow sense, this term refers to the views held by the school, called the Thomist, consisting primarily of members of the Order of St. Dominica & quot ;. Neo-Thomism (or "new Thomism"), this is the Thomism at the present stage. It dates back to 1879, when Pope Leo XIII published the encyclical "Aeterni Patiis" ("To the Eternal Father"), dedicated to Christian philosophy. The encyclical had a subtitle: "In order to revive Christian schools in Catholic schools according to the spirit of the angelic Ph.D. of St. Thomas Aquinas".

Neotomism is a system that follows the teachings of St. Foma not only in theological, but also in philosophical and legal issues. In the XX century. it was within the framework of neo-Thomism that the theory of natural law was most consistently and fully developed. The concept of neo-Thomism is built on the synthesis of religious ideas and scientific achievements of the XX century.

Jacques Maritain (1882-1973) - French philosopher and political thinker, one of the main representatives of Thomism in the XX century.

Among his major works covering public-political and social issues are: "Integrated Humanism" (1936); About Political Law (1940); "Human rights and natural law (1942); "Christianity and Democracy" (1943); "Principles of Political Humanism" (1944); Personality and Common Good " (1947); Man & State (1951).

Maritain put forward the concept of integral humanism, which regards man as an integral being, embodying the unity of natural and supernatural being. The freedom of man is predetermined by divine providence. The good of man consists not only in material prosperity, but also in the richness of his spiritual life. Not human, but divine values ​​- truths, goodness, mercy, mutual assistance should be decisive in a person's life. The tragedy of the position of modern developed societies is due to the oblivion of divine values.

Integral humanism also arises as a response to the challenge of the Marxist understanding of history and Soviet totalitarianism, which set as its goal the formation of a new man and the triumph of so-called socialist humanism. Mariten reveals the religious background of communism, shows that it is in its sources precisely a religion that is among the most powerful and dogmatic. Communism is an atheistic religion in which dialectical materialism is a dogma.

Integral humanism combines and organically combines all the truly human that was contained in the previous, one-sided types of humanism. From socialist humanism, he takes faith in the power of mutual assistance, rejects mechanical collectivism. From bourgeois liberalism, he borrows the understanding of the importance of individual development, but does not bring him to the apology of individualism and egoism.

Integral humanism is largely a new humanism, based not on the sacred, but on a new secularized, earthly concept of Christianity, which combines the divine and the human. In this form, "integral humanism" Maritena is a secular project of Christianity.

F. Mariten offered his typology of human rights:

1) fundamental are natural rights inherent in a person from the very beginning and having the status of absolute value: the right to life and liberty, property and happiness, the right to marry:

2) Political rights are determined by the law of the country, but they depend on natural law and form its continuation, since the establishment of state power becomes a law only because of their conformity to natural law. Political rights include: the right to establish the constitution of the state and determine the form of government, the electoral law, the exercise of freedom of speech, the exercise of legal protection of their rights. According to Mariten, the participation of the church in the implementation of political rights will lead to the establishment of a Christian democracy based on the triumph of Christian values ​​and overcoming social antagonisms.

3) social rights, which include workers' rights to fair wages, unions, social support (in the form of pensions, unemployment benefits and illness), participation in enterprise management, opportunity become its co-owner. Recognition of the social rights of the individual, along with the right of private property, allows, Mariten believed, to avoid the vices of both capitalism and socialism.

By the time of his death, Maritain was a world-famous Catholic philosopher. His influence on the social philosophy of the Catholic Church and the active advocacy of natural human rights made him one of the central figures of the era.

The doctrine of J. Maritain ideologically prepared the development of the Universal Declaration of Human Rights of 1948. The influence of his works can also be seen in many national declarations, such as the Canadian Charter of Rights and Freedoms and the preamble to the Constitution of the Fourth French Republic (1946).

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