Противоречия в естественном праве: от Зенона к Гроцию

Известия высших учебных заведений. Правоведение. 2012. № 6. С. 250–257.

Antonov M.

This paper deals with analysis of the principal ideas of the book “Controversies in Natural Law from Zeno to Grotius. Two competing ideas in the history of Natural Law: law as human reason versus law as God’s command” where Dr. Anna Taitslin considers the history of natural law ideas in the Western Europe. Development of iusnaturalist conceptions can be explained through competition of two basic principles – voluntarism and intellectualism. This opposition has been formulated as early as in the Stoic philosophy and by the Early Church Fathers. In the High Middle Ages and in the Renaissance these two principles have been thoroughly elaborated by the Scholiasts. Although, in Dr. Taitslin’s opinion, one cannot find any examples of successful and consistent synthesis of voluntarism and intellectualism in the history of ideas. At the same time, this aspect of the history of political ideas is important for the contemporary philosophical discussions about human rights, as these rights are conceptually rooted into the idea of natural law which can be described through opposition of voluntarism and intellectualism.

Keywords: права человека, естественное право, патристика, схоластика, human rights, natural law, voluntarism, history of political ideas, patrology, scholastics, волюнтаризм, история политико-правовых идей