Open AccessEVOLUTION OF THE FORMATION OF THE DISCRIMINATION CONCEPT IN THE ANCIENT AND MEDIEVAL PERIODS
Author(s) -
Голубченко Дисциплін,
Alina Holubchenko
Publication year - 2020
Publication title -
vìsnik harkìvsʹkogo nacìonalʹnogo unìversitetu ìmenì v.n. karazìna. serìâ pravo
Language(s) - English
Resource type - Journals
ISSN - 2075-1834
DOI - 10.26565/2075-1834-2020-30-02
Subject(s) - relevance (law) , epistemology , economic justice , period (music) , inequality , politics , phenomenon , natural (archaeology) , sociology , state (computer science) , positive economics , law , history , philosophy , political science , mathematics , aesthetics , mathematical analysis , archaeology , algorithm , economics
. The article considers the question of the formation of inequality in legal regulation, highlighting different periods of historical development of society. It is noted that the term «discrimination» as such was not described by philosophers of the ancient period, but it is noted that inequality existed at all times, as indicated by historical and legal experience. It is the theory of non-discrimination formed within the framework of natural law theory, the principles of equality and justice, so for the modern study of the topic is important its historical and genetic analysis of the origins of discussing the issue in the early stages of state and legal thought.Relevance. The definition of discrimination and the phenomenon of inequality as such remains popular at any historical time in various socio-political circumstances, as it can be traced at all stages of society. Only some of its forms were considered and the ideas of equality and justice for all people were traced, which makes it difficult to form a unified view of the concept of discrimination and at the same time determines the relevance of this article.The purpose of the article is the features of the philosophical and legal thought of the Ancient and Middle Ages periods, concerning inequality in society and discrimination.Research methods. Solving research problems requires a solid methodological basis. General philosophical methods were used - logical, systemic, special-scientific, historical-genetic and formal-logical.The content of the main results of the article. The term «discrimination» was not described by philosophers of the ancient period, but the phenomenon of inequality existed at all times. Plato in his reasoning described the «ideal» state, distinguishing three classes, Aristotle – divided society into rich, middle and poor classes. The ideas of equality of citizens were described by Cicero (equal opportunities, except for property status), Seneca (ideas of spiritual freedom and equality), Epictetus (natural law principle), Aurelius Augustine, etc. Bogomilism (one of the first great heretical movements), the heresy of the Cathars, the Waldenses, the Albigensians, as well as the bourgeois and peasant-plebeian heresies are considered. The teachings of John Wycliffe on refuting the canonical doctrine of the Catholic Church, the utopian theories of Thomas More and Tommaso Campanella are considered.Conclusions. The concept of discrimination was formed and considered gradually. Inequality between people was observed in the ancient world, because the legal status of a citizen depended in ancient policies on a particular type, size of land or income that a person received from him. Therefore, inequality between different strata of society originated in ancient times, as exemplified by the prohibition of interclass marriages. During the Middle Ages, the phenomenon of discrimination continued its formation on the principle of equality, due to restrictions on the rights of certain social groups and by perpetuating certain types of inequality.