The conception of legal state from aspect of social and philosophical opinion in the history of Azerbaijan

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The conception of legal state from aspect of social and philosophical opinion in the history of Azerbaijan

Guliyev R.

Annotation

The article commented on issues of social and philosophical aspects of the fair state, the idea of rule of law, fair monarch, social justice, law and other issues addressed in the works of philosophers of the Middle Ages, as well as thinkers of the seventeenth to nineteenth centuries, and the twentieth century, played a significant role in shaping the spiritual culture Azerbaijan since ancient times to the present day. The author says that the idea of a national, democratic, legal state, which for centuries nurtured our people, came to life as the Azerbaijan Democratic Republic and the independent Azerbaijan Republic.

Keywords: rule of law, fair state law, the idea of national state, a democratic state. (стаття друкується мовою оригіналу)

Гулієв Р., дисертант, Інститут філософії, соціології та права Національної Академії Наук Азербайджану (Азербайджан, Баку),

Ідея правової держави в історії соціально-філософської думки Азербайджану

Коментуються питання соціально--філософського аспекту справедливої держави, ідеї правової держави, справедливого монарха, соціальної справедливості, законодавства та інші проблеми, що розглядаються в роботах філософів середньовіччя, а також мислителів ХУІІ--ХІХ століть і ХХ століття, які відіграли значну роль у формуванні духовної культури Азербайджану з стародавніх часів до наших днів. Автор говорить про те, що ідея національної, демократичної, правової держави, яку століттями виношував наш народ, втілилася в життя в якості Азербайджанської Демократичної Республіки і незалежної Азербайджанської Республіки. monarch right philosophical

Ключові слова: правова держава, справедлива держава, законодавство, ідеї національної держави, демократична держава.

Гулиев Р., диссертант, Институт философии, социологии и права Национальной Академии Наук Азербайджана (Азербайджан, Баку), matlabm@yandex. com

Идея правового государства в истории социально--философской мысли Азербайджана

Комментируются вопросы социально-философского аспекта справедливого государства, идеи правового государства, справедливого монарха, социальной справедливости, законодательства и другие проблемы, рассматриваемые в работах философов средневековья, а также мыслителей ХУІІ--ХІХ веков и ХХ века, сыгравших значительную роль в формировании духовной культуры Азербайджана с древних времен до наших дней. Автор говорит о том, что идея национального, демократического, правового государства, которую веками вынашивал наш народ, воплотилась в жизнь в качестве Азербайджанской Демократической Республики и независимой Азербайджанской Республики.

Ключевые слова: правовое государство, справедливое государство, законодательство, идеи национального государства, демократическое государство.

The social philosophical literary and civilized traditions that were formed by Azerbaijan in the period of centuries were imposed with impression of independence on everybody. The excellent works of our nation like "The Book of Dada Gorgud" and "Koroglu" and other works belonging to Nizami Gancavi, Aphdaladdin Khagani. Hatib Tabriz!, Gatran Tabriz!, Imadaddin Nasimi, Muhammed Fuduli, Nasraddin Tusi, Mirza Fataly Akhundov, Abasgulu Aga Bakikhanov and others from important thinkers had serviced to impose human thoughts and truth and honesty and custice on the society.

The cust management system belonging to Oguz had found its reflection on the epic poem "The Book of Dada Gorgud". As a leader of this management system that was biggest khan of khans. The others from khans and managers were under his management. Mutual respect and principle of loyalty took more important place between the managers and people than obedience.

The kind of the state management which peculiar to Oguth it was its own primitive management mechanism and its own form of "the legal state" which was that all of members of society did heroic struggle for the sake of their independence and existence.

A. Guluyev who is an Azerbaijanian scientist by researching features of specific management says that this peculiarity of Oguthes reminds us the model of social and political agreement -that formed in the area of Azerbaijan- with the specific aspects that has never been in the period of the preceding and subsequent. The researcher particularly attracts attention to the point that the important aspects which characterize this model, must consist of progression and life norms that are in a society and keep society alive and democratic management [5, p. 126].

Khagani Shirvani was a different man with cause of his opinions. His poem is full of mercy directed towards humans who haven't rights. Khagani touched in his works like "Tufetu al-lrakeyn" and "Ruins of Madaiif on the matter like social custice and equality for the people who is poor and under pressure. Khagani as a different form the people who live in his period called out in his poems to natural human sensations that approach respectful to real life and his own merit or other's. He complained in his own poems from his environment and uncust rulers and in his qasida that called "Habsiyva" he said courageously that the peoples who are rude are on the high degree in our life but the peoples with intelligence and honest are every time on a mean degree.

According to N. Gancavi it is powerful state that puts independence and social custice on the practice. The state that based on the social low court and on the pure and elegant spiritual things and provides political and sexual equality of its citizens, besides all of these there isn't inequality in there forms the basis of his social ideal. As M. Afandiyev say that "Nizami Gancavi who had asserted before French scientist Jan Boden idea of independence all of the peoples and defended it he is not only citizen of his native country and his people but is unique patriotic son of his motherland [4, p. 117].

The researcher who has explained the universal importance of thinks belonging to Nizami Gancavi about the state -that it take more important place in Platen's and Ibn Haldun's systems too- asserts that the thinks whichhave been mentioned affected seriously to improving of political and legal (social and philosophical) thinks of the world.

The principles of the concept of "ideal state" of Nizami Gancavi they are humanism and equality. His thought of "cust ruler" is an idea that provides rules and safety in the society which completes his think of "ideal slate". He thought that the democratic signs of the ideal state these are to encourage the people to the state management and belonging of the state management to a ruler who is coming from level of the people. Nizami gave more value to the state ruler who takes note of an experience of people in the field of the state management [5, p. 135].

Respect directed towards rights and independences of the human being are defended in the idea of "legal state" asserted by Nizami Gancavi and there aren't any place for forcing, incustice and social chaos. The sexual and the racial equality of the humans are upported in the idea that has been mentioned. The loftiest humanistic principles are below:

1. Nobody must be uncust and must use to someone force. Nobody must appropriates work that belonging to someone. Nobody has got any low that leaves someone as deprived of something. Nobody must touch with someone's honor and merit and nobody must run someone down. "Nizami who considered humanistic honor and merit advises all of these first of all the state civil servant, after that all of the human beings. Everybody must approach to rights of mother respectful and nobody must give someone an opportunity to limit the human rights. According to the Nizami's thought that human rights are defended by everybody; because human rights are more valuable wealth. Nobody must set his or her eye on someone's goods and get someone's thing wrongfully to become reach. And nobody must spend his or her life to collect only properties and ownerships [5, p. 136-137].

Nasr ad-Din Tusi was a thinker who was a founder socio-philosophical teaching related to the state in the socio-philosophical thought history of Azerbaijan in the century of XIII.

Azerbaijanian scientist like Z. Goyushov, Z. Mammadov, A. Rzayev, A. Guliyev and others who have investigated Tusi's system have touched on the different aspects of state teaching in the system of Tusi and increased more important value of Tusi's theory related to the foundation of state and the ideal society where valid social custice and independence and equality and to help one another in there.

First of all the concept of Tusi that related to "teaching of the state socialism" is consisting of the unity of the religious aspect and the worldly. Second, the state that has been mentioned is managed by principles with custice and equality. Like Aristotle Nasr ad-Din Tusi suggested the different forms of politics and management.

The politics concerned with decisions and contracts and rational decisions and the management of country and of city they are different and separate things in his concept.

According to his concept the state and the society complete for each other. That's why the foundations of the state are in helping one another and working together [9, p. 210]. Tusi separated the state two parts, One of them is a cust state and other is a uncust state.

In spite of this difference in the form of management we can't understand that which of them is that Tusi was in favor of. He talked about monarchy that includes system of education and about democracy. He separated the politics to country politics, victory politics, honorable politics and society politics.

His socio-philosophical ideas concerned with the state and state socialism affected socio-philosophical thought of Azerbaijan strongly not in century of XV-XVII but in century of XIX. In this way the problems like social custice and cust ruler and defending of the human rights and cust laws and cust society and etc. took more important place in the socio-philosophical ideas of our thinkers in the period of XV-XVII and XVIII-XIX.

The social philosophy in Azerbaijan was under influence of the civilization of China and Arabian and Iranian till century of XVIII, but we can see that there is influence of the Europe civilization too in the century of XIX through Russia. And in that period of times in the socio- philosophical thought of the country it was spread extensive the philosophy of pedagogy and education there.

At that time the concept of "democratic state" became current and this situation caused to growing of the roles of the citizens in the whole fields of social life and to growing the clash that was between democracy and totalitarianism.

The democratic state that is alternative of the totalitarianism state provides rights of everybody and presents for everybody the equality legal possibility to participate in an activity of socio-political life of community. Azerbaijanian thinkers want such legal state in their country as that considers loftiness of low important in society, In other words "the manager power must limit its actions in a society with the laws and beside it, the state must take note of the social benefit" [3, p. 58].

In the century of XIX C. Afghani and representatives of Pan-Islamism and of Pan-Turkism never supported thought that whole of Muslims must live under the single state and they never aimed to unite all of Muslims under the single Caliphate and the single Islamic confederacy. They suggested that it is possible that Islam can improve together improving of pedagogy and civilization and democracy and independence and equality in an every national state of every nation. And this concept is opposite of soviet ideology. Because the soviet ideology asserted that the Muslim thinkers which have been mentioned supported thought that whole of Muslims must live under the single state like the single Caliphate and the single Islamic confederacy.

Purpose of C. Afghani was to be established of state with law constitution and unity of religious conception with worldly. By turning toward classic Islam he tried to animate national, social and political conscious in the society and in this way he wanted that this aim is done by means of the West civilization and its scientific accomplishment. Because he knew that if it is impossible "the national independence will lose its power and people will not develop" [6, p. 112].

The teaching of M. F. Akhundov that concerned with state socialism was connected with his conception of independence and social development. He explained true socio-philosophical nature of the revolution understanding. Akhundov regarded the revolution as an explanation of effort of people in the way of independence. If people want to become independent the people will have to rebel. Akhundov used to think that establishment of the republic would be possible only by means of revolution. By using experience of West he preferred the constitutional parliamentary management. According to thought our philosopher the first principle of the parliament is equality from aspect of human rights and is social, political and sexual equality of persons. "European philosophers accept the conception of that women share in human rights and rights of independence with men. Even today women are connected with works of management of country in some states of that continent" [l, p. 163].

According to Akhundov's opinion the second principle of constitutional state is to carry out of personal independence. Akhundov who thought that independence is natural right of human being, by thinking that independence is more important in human progress wanted that human should claim to be owner of independence in thought and criticism and he wanted that person should claim to be owner of individual independence.

The main wishes of Azerbaijanian philosopher were realizing of laws seriously in the constitutional parliament and arriving of the humans freely at spiritual and physical independence.

F. Kocherli who was a scientist claimed that French bourgeois revolution influenced on the conception of M. F. Akhundov that concerned with legal state [7, p. 63].

According to the opinion of Akhundov an other principle of constitutional state is to realize custice in the society. "General theoretical problems like human being and his place and social life in the society and custice and changing of the society under the principle of equality and the problem of progress and civilization take more important place in Akhundov's system" [7, p. 63].

F. Kocherli writes that in the history of socio- philosophical thought in Azerbaijan the concept of "progress" was established at first by Akhundov. In his opinion the conception of progress means development of society and government. The thinker regards independence of thinking as a principle of progress.

Socio-political ideal of Akhundov it was democratic management. He claimed that people would progress by means of independence and custice. By suggesting agreement of state ruler with his people and unity of legal and equality and unity of the material equality he regarded leader of republic as a leader of government.

According to Akhundov the conception of "independent power" means democratic and legal government carried out power of people, constitutional state, democratic human rights, equality in the field of rights and legality.

At first in socio-philosophical history of thought Akhundov explained some concepts that related to idea of the legal state like "constitution", "republic", "liberal", "politics", "democracy", "patriot", "progress" and "civilization".

E. Dashdamirov who was an Azerbaijanian researcher while was talking about national independence ideas of scientists he noted that Zardabi and Akhundov supported idea of independent political life of Azerbaijan on the base of principle that containing to establish national government and democracy [2, p. 34].

In this way, in spite of that it was approached to idea of legal state in the socio-philosophical historic thought from different aspects in the beginning of century of XIX and XX, it was suggested some conceptions of democratic management, independence, equality, mutual responsibility that is between person and society, citizen and government, mechanism of democratic supervision on the power of state, and defending rights of national independences and realizing of national and religious tolerance in the democratic state in that period of time. Later all of these conceptions had a big part in establishing of the democratic state.

In the beginning of the century of XX with appearing of new generation from intellectuals in the social stage of Azerbaijan who regarded themselves as a talented politician it was begun to realize idea of independence and democratic Azerbaijan by the leader of ADR. But against to this conception the social democrats in Azerbaijan and Bolsheviks suggested the conception of "Independence and Soviet Azerbaijan".

The leaders who established the first independent republic in Azerbaijan while were in searching of cust and democratic state in the period of 1918-1920, they had to answer some problems that was not important at that time but is important and actual today too. In this context it will be useful that to have resource to thoughts of M. A. Rasulzadah, N. Yusuphbayli, F. Khoyski and Y. V. Chamanzaminli that related to role of law in the democratic state, connection of law and state with each other, the principle of legal state, providing of rights and independences of citizens.

The expression of M. A. Rasulzadah like that "For the real democrat law is necessary in relation with humans" is important from aspect of explanation of the matter which has been mentioned. It is clear that here the expression of "humans" includes whole of citizens and even civil servants in the state who represent of his or her government. Consequently it makes no difference that citizen has a certain position in the society or doesn't" [8, p. 12].

It is possible that we can infer from all of these thoughts that M. A. Rasulzadah regard to be dependent of the state on the law as obligatory and this understanding means that everybody be dependent on law and equality of everyone in front of the law.

For today in the establishing of Azerbaijan independence state it has been taken note of the principles of legal state that was experimented in the democratic countries of the world.

The first definite step directed towards establishing Azerbaijan national state has been reflected in the constitutional act about "independence of Azerbaijan Republic on date of 18 October in 1991. It is clarified in the act of the constitution the fundamental principles in the field of political and economical relations and concerning whole of the natural wealth to people and equality of all kinds of ownership and election rights of the citizens and providing of system that includes many political parties. Furthermore independence of our state has been attested in the symbols of the state.

Refernce

1. Akhundov M. F. Megaleler toplusu. - Baki : Azerneshr, 1969. - 190 s.

2. Dashdamirov A. Nasionalnaya ideya I etnichnost. - Moskva : UOM, 1996. - 95 s.

3. Guliyev A. XII-XVII esrlerde Azerbaijanin siyasi-hugugu fikrinde ganun ve ganunchulug problem. - Baki : Ganun, 2005. - 341 s.

4. Gurbanov Sh. Cameleddin Afgani ve turk dunyasi. - Baki : Azerneshr. - 305 s.

5. Kocherli F. M. F. Akhundovun dunyagorushu. Elm neshriyyati. - Baki, 1996. - 340 s.

6. Rasulzade M. Azerbaijan Cumhuriyyeti. - Baki : Azerneshr, 1990. - 181 s.

7. Tusi N. Akhlagi-Nasiri. - Baki, 1980. - 124 s.

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