Boginich Oleh

Yearly journal of scientific articles Pravova derzhava Volume 31 (2020), 80-88 p.

Boginich Oleh. The metaphysical meaning of right force

Introduction. Right force is known as the antipode of force law. Meanwhile, the practice of relations between states and within states - between the state and its citizens, and between citizens themselves, is often replete with examples of the use of law rather than force of law (rules of law). Such vitality of the right of force gives grounds to speak of the existence of metaphysical grounds for its revival in social relations. 

The aim of the article. This article is dedicated to finding these reasons.

Results. Philosophical science differentiates metaphysics into general and particular. The first examines all things (objectively existing), the second examines the reasons for existing. It is from the point of view of causality that the power of right phenomenon is to be considered.

A retrospective analysis of the first written legal sources testifies to the fixation of the right of power in these sources by the representatives of the most powerful social groups. From this it follows that inequality arises as a result of the presence of advantages in the most able members of such groups. And we call these advantages a force that has the potential to be used by the bearers of that power.

Thus, the power is understood to have any advantages in individuals who enter into communication with each other, and in the case of legal relations between them (involves the emergence of mutual rights and obligations) - the force acquires its metaphysical status - the right of force in the form the corresponding authority of the stronger side is relatively weaker. The question is: in the majority of cases, whether the exercise of the right of power by a more powerful party has been decided in favor of such a party. Slave right, serfdom - a vivid confirmation of that.

Only with the first bourgeois revolutions and the introduction of the law of formal equality, the right to inequality as the official fixation of the right of power disappeared from the historical arena. But the right of force ceased to exist with the introduction of the right of formal equality. It lost its institutional forms in the form of fixation of the status of slaves, other groups of "dependent" in the first legal acts of antiquity, guilds and other restrictions of the medieval era, etc. Instead, it has taken other forms - economic, political, organizational, and so on. In other words, the power of law has become a veiled form today, where representatives of these circles exercise their power indirectly, hiding behind the fig piece of popular slogans of democracy, equality, and solidarity among the general public.

The foregoing may suggest that the right to power is a negative factor in the development of human civilization, which every means must counteract. In the case of the open exercise of the right of force in the form of aggression, crime or other forms of abuse of the right of force, it really must be recognized as a deconstructive force that damages the normal development of the social organism. In the absence of a sign of abuse of the right force, the latter should be considered as a means of "pulling" to its level of the weaker party, which is in relations with representatives of such force. There is nothing accidental in nature, including social, and therefore the right of force should be regarded as an integral attribute of its development. We must combat the abuse of the right of power, not its overcoming, which we regard as having any advantages in various spheres of human activity.

Conclusions. Based on the above, the following areas of study are promising: political and legal mechanisms for counteracting institutional manifestations of abuse of the right of force, axiological problems of self-limitation of the right of force.

Key words. Right of force, metaphysics, right of force as an advantage.

References

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