Interdependence of the coexistence of civil society and the rule of law (logical and methodological discourse)

Abstract

The article discusses the reasons that cast doubt on the beliefs about the impeccability of state lawmaking, carried out in logic: law — rights — freedom. Protests related to the “struggle of citizens for their rights and freedoms”, especially aggravated in connection with COVID-19, even began to pose a threat to the integrity of individual states. An example is the January events of 2022 that took place in the Republic of Kazakhstan. A retrospective analysis of ideas about the interdependence of influence that exists between civil society and the state made it possible to identify their main trends. In antiquity, the state regulation of the life of citizens of the policy was carried out in the logic: freedom — duties — rights. In the Roman Empire, the rationing of the life of the state and its citizens begins to take on a pronounced legalized format. The evolution of ideas in this format clearly demonstrates that in the future various kinds of natural law concepts are united in that any artificial social formation has no right to alienate the rights that are given to the individual by nature itself. Since that time, in the lawmaking of states, unconditional priority has been given to rights. In the teachings of representatives of German classical philosophy in the relationship between civil society and the state, a return В.С. Батурин 244 Вестник Карагандинского университета to the importance of parity between duties and rights is still visible. Subsequently, the logic: law — rights — freedom became the defining attribute of the lawmaking of states that today are classified as legal. As a result, the functioning of civil society, directly or indirectly, came under their direct patronage.