The XXXVI International Scientific Symposium "Multidisciplinary Studies of the Turkish World" The 25 th of March 2023 ISBN: 978-605-72481-0-7 Eskishehir / Türkiye ---140---
law”. Because this Divine law did not arise yesterday, no one khows when it appeared (Бойз, 2004: p. 33).
Both Socrates and Sophocles preffered the unwritten natural laws to the orders of the orders of the rulers on
earth, the rulings of the governors, and the laws written by people.
The idea of law has stood the test of time and developed throughout European civilisation. In ancient
Rome, this was reflected in the philosophy of the Stoics (Yayla, 2002: s. 25). The Stoics affirmed that even if
the people rule, their actions must be just according to natural rights. According to Stoicism, the duty of a
person is to act benevolently. In order to live a good life, a person must know what kindness is. It is the duty
of a person to humanity to understand and implement kindness. God is the divine intelligence that brings laws
to the material world and manages it (Şükürov, 2002: s. 156).
The independence of the Western Church, which is called the Roman Catholic Church, meant that there
were two influential powers fighting for power in Europe. The division of power between them created an
opportunity for the freedom of the individual and the development of civil society. At that time, popes and
emperors often overthrew each other. This conflict between the church and the state helps to explain why the
principle of freedom emerged in the West.
At the end of the IV century, empress Justina demanded that Saint Ambrose, the bishop of Milan, hand
over the position of bishop in the cathedral to the empire and leave the city. Ambrose answered the empress
like this: “According to the law, we cannot give it to you, and you, Your Majesty, cannot accept it. How do
you know that it is possible to buy God’s house? If you want to rule like ruler. Be loyal to God. It is written
that the rulership belongs to the root, and the divinity belongs to God” (Бойз, 2004: p. 34). Concluding from
these words, the empress goes to Ambrose’s temple and apologizes for her actions. Thus, Ambrose gets both
the independence of the church and her own rights recognised by the state.
Hundreds of years later, in the XII century, a similar event occurs in England. Thomas Becket, bishop
of Cantenbury he saved the rights of the church from the intention of Henry II. T.Becket was the chancellor of
state during the reign of king Henry II, and in 1162 he was appointed the archbishop of Canterbury, i.e. the
head of the royal church. Soon after, Becket sends the chancellor’s seal to the king as a sign of his resignation
from secular office. After this incident, the king openly expresses his desire to get rid of “this annoying priest”
. When the knights were about to kill the priest, Becket said that “if by my death I bring freedom and peace to
this church, I am ready for it because of for my God”.
The struggle between the church and the state prevented the establishment of absolute monarchy in the
West for a long time and led to the development of autonomous institutions (civil society). The emergence of
markets, associations and guilds (merchant unions), universities and independent cities with their own charters
– all this contributed to the development of pluralism and civil society (Бойз, 2004: p. 35).
In Italy in the X-XI centuries, and in other European countries in the XII-XIII centuries, townspeople
had to fifht against the lords. As a result of this struggle, wealthy Italian cities such as Milan, Pisa, and Bologna
acquired the right to communes (urban communities with self governing rights). Free communes gradually
became independent city-states or city-republics. In Florence, the richest and largest city in Italy, feudal lords
were deprived of the right to work in the commune. As a result of the economic and political power of the
feudal lords being undermined, the peasants gained personal freedom. Now the peasants paid the tax not to the
feudal, but to the commune. Startinq from the XIII century, the trade with Eastern countries through the
Mediterranean Sea was in the hands of Venetian and Genoese merchants. In order to take over trade in the
Baltic Sea, 70 German cities united and created the Hanseatic League. All this did not allow the establishment
of an absolute monarchy until the XVII century.
Liberalism is often seen as a philosophy of economic freedom, but it has much to do with the struggle
for religious tolerance in its historical roots. Early Christians began to develop a theory of religious toleration
in response to persecution by the Roman state. One of them was Tertullian of Carthage. He wrote in the year
200 of our era: “It is a fundamental, natural right of every person to obey his religion. One person’s religion
does not harm another. Undoubtedly, coercion against religion is violence” (Бойз, 2004: p. 35). This argument
in favor of freedom is formulated as fundamental or natural right.
During the development of feudalism in the XI-XV centuries, the growth of trade, the existence of
various religious movements and civil society indicated the presence of many sources of influence within each
society, and this pluralism required formal limitation of power. At the same time, important steps were taken
towards the limitation of power in different parts of Europe. In 1215, the barons who rebelled in England
forced King John to sign the “Great Charter of Liberties” (Magna Carta). This document contained a list of
human rights, restrictions on royal authority, legal norms and procedures. According to the “Great Charter of
Liberties”, the king could no longer make any political or economic decisions without the consent of the
barons. The document defined the freedom to choose religious duties for the church, the independence of cities,