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The hypothesis of reasonable equality in freedom: basic provisions
 
PIIS102694520024141-6-1
DOI10.31857/S102694520024141-6
Publication type Article
Status Published
Authors
Ainur R. Gilmullin 
Occupation: Associate Professor of the Department of Theory and History of State and Law of the Faculty of Law, Kazan (Volga Region) Federal University
Affiliation: Kazan (Volga region) Federal University
Address: Russian Federation, Kazan
Journal nameGosudarstvo i pravo
EditionIssue 1
Pages162-167
Abstract

The author focuses on rational equality in freedom, considered as one of the essential features of a certain type of legal understanding.

Special emphasis in the work is placed on the fundamental foundations of legal freedom, the formation and development of which, according to the author, occurred as a result of the evolutionary exclusion and reduction of non-viable, destructive to the social structure of human behavior models - reasonable selection. It is reasonable selection that has shown that the only brainchild of the culture of all mankind that can become a reasonable means of ensuring the safe and effective realization of human needs is a right expressing a certain freedom, which is based on the imperative of preserving human nature.

The author substantiates the following thesis: in order for everyone to claim freedom based on the imperative of preserving human nature, that is, in order to achieve reasonable equality in freedom, such freedom must be expressed in an equal form, through which the same and normative distribution of such freedoms will be ensured.

As a result of the analysis, the main conclusions are formulated that the right, the essential features of which come from the foundation of freedom – the imperative of preserving human nature, implemented on the basis of an equal form, can be interpreted from a different point of view – rationally egalitarian, based on ensuring rational equality in the process of regulating social relations.

Keywordsreasonable equality, legal understanding, rational-egalitarian theory, legal freedom, reasonable selection, imperative of preserving human nature
Received24.02.2022
Publication date20.02.2023
Number of characters22613
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