UNDERSTANDING OF RIGHT IN ANCIENT PHILOSOPHY

V. N. Pervushina¹, E. M. Leshchenko², I. V. Potanina³, I. M. Bocharova⁴, S. N. Khutornoy⁵

¹Ph.D, State University of Justice, Central branch, Voronezh, Russian Federation, email veravalen47@yandex.ru
²DSc, Russian Academy of National Economy and State Service under President of Russian Federation, Voronezh, Russian Federation, email l.e.m@bk.ru
³PhD, email potanina.irina.95@mail.ru
⁴Ph.D in Philosophy, Voronezh State Technical University email ibocharova@vgasu.vrn.ru
⁵PhD in Philosophy, Voronezh State Technical University email Thut1960@mail.ru

Abstract

The paper deals with the basic values of ancient law. It is emphasized that the cosmocentric paradigm of the ancient culture, focused on the coordination of the cosmic (divine) and human worlds, determined the formation of the basic ideas of ancient law: order, harmony, justice, equality. This methodological dualism thus highlights the ways in separating the natural and the human and connecting them through a reasonable beginning in nature. It points toward an idea of natural and positive law.  It is noted that the opposition of physis and nomos has been covered in Epicureanism, which recognized the importance of the justification of the law as the agreement, necessary for the obligation of legal norms. In the ancient philosophy law was considered outside the context of personal freedom, so its understanding included punitive violence This statement is proved in the paper on the basis of the analysis of the main schools of ancient philosophy – natural philosophy, the schools of the sophists and Socrates, the philosophical systems of Plato and Aristotle and the Hellenistic schools – Epicureanism and stoicism.

Keywords: cosmocentric paradigm, polis, the divine law, nomos, justice, equality, legality, the legal existence