C.

Locke (1632-1704) wrote in his work named "The first treatise of state
governance" that before the creation of a state people were in a natural state(?).
People agreed on creating a state to provide natural rights, equality and property
and to protect identity(?) and property. "Sülh yolu ilə yaranan hər bir dövlətin
əsasında xalqın razılığı dayanır", - deyə bu fikrini tamamlayırdı. He completed his
thoughts by saying. "People's assent stands behind every state that was created
through peace". State is an aggregate of people united together under the law they
created themselves. They define the authority they give to the state themselves.
The duty of a state is to provide, maintain and realise people's interest.
Locke's point of view later stimulated the emergence of political liberalism. He
sees the reason behind people uniting under a one state in a private property.
People uniting under a one state doesn't take their right to make a revolution.
Unlike other thinkers, to explain this, Locke differentiates the understandings of
state and government . Two treaties were signed among people: public treaty that
caused creation of a state and government contract that caused creation of
government. Revolution doesn't overthrow a state, but authority. When government.
When government doesn't follow the state contract people have the right to make a
revolution.
In Locke's view we can see a lot of interesting ideas about features of a state. He
thinks that society can become a political one only when it has territorial unity,
common law, the government which solves controversial issues and punishes the
criminals.
Charles Louis Montesquieu(1689-1775) is one of the founders of enlightenment. His
ideas are contradictory. So that, in his work "Iranian letters" he insinuates
absolutist(?) regime in France, while in his work "Spirit of the law" he respects
the republic.
He shows the regularity of development of state and law. "My principles come from
the nature of things"-he states. According to him, the moral standing of nation,
its nature of laws depends on geographical environment. He pays attention to
natural laws and considers that they existed before the formation of the society;
These are equality, peace, attempts to get food, the will of living in a society.
People who get out their natural state lose their equality and in the end a war
starts among them. Wars in their turn, instigates to pass positive laws. In his
teaching a political aspect holds a big place. He states that, state form defines
the content of laws and can even affect on geographical environment.
After Aristotle he determines the nature of governance depending on number of
managers. He separates three forms of governance: republic, monarchy and
despotism. He is against changing political forms by force but he considers revolt
against despotism fair. He puts monarchy against despotism and considers that,
monarchy is such a state which has independence, and independence is doing what law
says. "Doing what law lets is a legal freedom"-he states. The constitutional
monarchy of England is his ideal.
Montesquieu differentiates democratic and aristocratic republic, he considers
republic a regular state form as monarchy.
In his mind, state forms depends on its territory. Small states become republics,
medium states become monarchy, big states become despotism. In his mind, republic
created depending on federation can be created in a big territory.
Montesquieu considered that political independence is related to the citizens'
safety. Separation of powers is a guarantee of security and rule of law.
Pol Anri Holbax(1723-1789) shows that personal interest insinuates people to
create a state. Laws coming from people's nature are natural laws. They determine
very important principles of people's relations. Natural laws (independence,
property and safety) are eternal and inseparable. They come before law. In society
laws defined by public contract. Their duty is to eliminate ruler's governance.
The main aspect is not a form of government but the existence of good laws in
society. He gives priority to monarchy, but prefers limited monarchy (monarch that
has people representative), states that it's an inseparable right of people to go
against tyrant.
Klod Adrian Helvetsi (1715-1771) considered human character to be a product of the
environment surrounding him. People are not born, they are formed as they are." -
he states.According to him, the environment that shapes a person's character is
above all political and legal institutions. From here, he rejected Montesquieu's
idea about the geographical environment. According to Helvetsi, self-interest, the
need to fight together against the forces of nature, as well as the efforts to
eliminate mutual misunderstandings motivate people to sign social contracts and
make laws. These laws are important to protect private property. However, the
creation of private property leads to social inequality and increases
contradictions. This requires strengthening the state power. The creation of the
state is a legitimate event. The ideal social structure is a society based on
private property. The task of an ideal state is to increase the number of owners by
distributing property fairly.
According to him, the main issue in the state structure is not the form of power,
but its content, that is, whether it serves the general welfare or not. There are
essentially two forms of government: good and bad. He sympathizes with the
democratic republic. The political ideal is a federal republic consisting of 30
states, or republics.
Prominent theorist J. J. Russo (1712-1778) "On the social contract", "Judgments on
the origin and basis of inequality among people" etc. is the author of works. He
became an ideologue of the petty bourgeoisie, broad masses of the people, and above
all, the peasants, and took a radical position. The main idea of his theory is
popular sovereignty. Rousseau advocated open plebeian democracy. According to him,
the cause of social inequality lies in mistakes in private property and people's
activities. Its service in the history of political thought has been that it
explains the difference between civil society, which arose at the same time as
private property, and the state, which arose after it on the basis of a social
contract. According to him, inequality deepens as society develops. Its first stage
is property inequality and private property rights, and the second stage is the
emergence of state power. In the third stage, the power becomes despotic.
Rousseau believed that human consent was the source of all power; its expression is
a social contract. Its meaning is that each person surrenders part of his authority
to the supreme leadership of the general will and thereby becomes a participant in
it. Power passes to the sovereign, one of the participants. At this time,
sovereignty belongs to the people. According to Rousseau, laws are acts of the
general will, the ruler cannot stand above them. However, an act approved by the
people can be considered a law.
His political ideal is a small state based on democracy (he imagined it as the
Republic of Geneva). At this time, he distinguishes between legislative and
executive power. According to him, the legislative power is the expression of the
political body, and the executive power is the expression of its power.
Finally, he believed that if power is abused, then people can violate the social
contract.
I. Kant (1724-1804), the founder of German classical philosophy, had a unique role
in the development of political thought. His political views are reflected in his
works "The idea of general history from the point of view of cosmopolitanism",
"Toward eternal peace", "Metaphysical foundations of the doctrine of law".
According to Kant, the law is a priori, it is not subject to any external influence
and is therefore unconditional. Kant calls it the "absolute imperative"; the
imperative imperative can be fulfilled only when individuals are in a position to
freely follow the voice of "practical intelligence." Practical intelligence
encompasses both the realm of ethics and law.
According to him, the law should regulate the external circumstances of people's
behavior. Subjective motives, thoughts, emotions are not interested in law,
morality deals with them. The main task of law is to find such a social space for
morality so that it can reveal itself in a normal way. The right is exercised by
giving it the force of coercion.
According to Kant, the state is "a multitude of people subject to legal laws." When
we say welfare of the state, it is understood that it is not the welfare of the
citizens, but rather the connection with the legal principles of the constitution.
The welfare of the state, according to his belief, is a perfect right. This point
gave reason to consider Kant as one of the founders of the idea of "legal state".

-hasanova fatima 194-i