Вісник Харківського національного університету імені В. Н. Каразіна Серія: «Право» (Aug 2021)
Genesis and evolution of security issues in the history of political and legal thought of Ancient China and Ancient India
Abstract
The article examines the origins of the political and legal tradition of understanding the phenomenon of public safety in the intellectual tradition of the Ancient East. It is shown that the basis for the emergence of a discourse on the security of the individual, society and state were the conditions of practical existence of early state formations, especially the civilizations of ancient India and China. Political and legal thought of the Ancient East stimulated the development of security issues in the context of general ideas about the relationship of terrestrial and extraterrestrial forces in the arrangement of the social organism, in polytogenesis and orthogenesis, as well as in the context of ideas about the relationship between individual, society and state. In ancient Eastern political and legal thought, the question of the role and place of law, legal regulators in ensuring the security of society and the state was far from a final solution. The ancient Eastern tradition did not yet know the final separation of law from the system of socio-normative regulation of social relations. Thus, the right to work closely with customs, rituals, taboos, religious and political norms in ensuring the security of social life. Gradually, in particular on the example of ancient India and China, we can see the increasing attention of ancient Eastern thinkers to the development of state and law issues in security. Legal norms aimed at establishing legal responsibility for the commission of certain offenses by people are beginning to play an important role in this area of security discourse. The security significance of these norms and their role in guaranteeing social peace is understood.
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