Novikov, O. A. Religious Grounds of Law and the Idea of Human Rights

Abstract: The article is devoted to the grounds of positive law from the point of view of religious morals as well as the question about the relation between the idea of human rights in the basis of the concept of legal reformation of modern Russian statehood and traditional values of the Russian civilization. Christian tradition and experience of Eastern Christian statehood, historical experience of the Byzantium Empire, Russia and other countries of the Orthodox East show that the existence of a state institution proves itself only when it serves a certain ideal. The author further studies the proof of value of law in a legal tradition of Christianity. Special attention is paid at the historical experience of the Byzantium state. The author analyzes the Byzantium conception of the ‘symphony of powers’. The article studies modern problems of the ‘multicultural ’ society of the Western Europe. Special attention is focused on the need to combine the idea of human rights and moral values as well as a need to address to historical experience of the Russian state again.

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