Ivushkin A.S. Socio-economic rights in comparative context of the theory of natural law and the Savigny’s historical school

Abstract: The Socio-Economic Rights Institute has a long history of theoretical-practical contemplation within the framework of English-American, as well as Romano-Germanic tradition of law. This article is dedicated to the examination of the role and place of human socio-economic rights in the context of various theories. There rights cannot be viewed as the type of natural rights, as well as they cannot be consider  perpetual and inviolable. Only in light of historicism, the progressive importance of the idea of human socio-economic rights becomes clearer.  The author carries out a comparative analysis of the natural-legal and historical doctrines, and substantiates the conclusion that the historical school does not deny the positions of the natural school of law, but rather strives for the synthesis of the main results of both theories.  Socio-economic rights have to be explored in connection with the institute of individual, or in other words, classic rights and freedoms. Therefore, the individual freedom must be guaranteed in the first place, and only then, we can talk about the guarantees of the socio-economic rights.

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