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 ---141---
the exemption of merchants from illegal taxes was confirmed (Бойз, 2004: p. 36). It was decided that no one
could be convicted or deprived of his property without the verdict or a jury of the same status as the accused.
This provision later became one of the foundations of a democratic court. The rule “taxes can be imposed only
by the parliament representing the taxpayer” adopted in the democratic countries today takes its origin from
the “Great Charter of Freedoms”. Later, this document became the basis of the constitutional type of
government. Some provisions of the document became the basis of the English legal system. The members of
the English Parliament, which started functioning in 1265, always referred to “Magna Carta” when making
decisions.
The importance of “Magna Carta” in the development of Liberalism is very great. If the birthplace of
democracy is Ancient Greece, the birthplace of liberalism (human rights protected from state interference)
should be considered medieval England (Demokratiya: Gediləsi uzun bir yol, 2001: s. 21). The fate of this
document was not easy. So, immediately after the signing of Magna Carta, the king broke the agreement with
the barons and plunged the country into civil war again. But the king’s successor, Henry III, reinstated the
document, and in 1225 the conflicting parties of the kingdom accepted the document in its final revision. This
struggle against tyranny continued until 1689, that is, until the adoption of the “Bill of Rights”. Around the
same time as the adoption of the Magna Carta, a set of laws based on freedom and self-government was
developed in the German city of Magdeburg in 1220. The Magdeburg law became so popular that hundreds of
newly formed cities in Central Europe adopted it, and court decisions in many Central and Eastern European
cities began to be based on the decisions of the Magdeburg court. Finally, in 1222, the vassal and small
landowner nobles of Hungary forced King Andrew II to sign the “Golden Bull”. The “Golden Bull” exempted
the middle and small nobles, as well as the clergy, from taxes, granted them the right to dispose of their
property, prohibited arbitrary arrests and confiscation, and created an annual assembly that listened and
accepted complaints. Article 31 of this document gave the people the right to retaliate against the king (Jus
Resustendi) if the Freedoms and privileges defined in the “Golden Bull” were violated (Бойз, 2004: p. 36).
The “Golden Bull” came into force in 1687.
The “Great Charter of Freedoms” and “Golden Bull” documents were a very importent turning point in
the ongoing struggle for freedom, limited power, and the spread of the concept of individuality among all
people. This documents showed that people all over Europe thought about the idea of freedom and created
classes of people who were in the mood to protect their freedom.
In the XIII century, the great Catholic theologian Thomas Aquinas and other philosophers also put
forwad religious arguments that served to limit royal power. F.Aquinas wrote: “If the king exceeds his
authority, he loses the right to demand obedience from another. This is not an uprising, it is not a call for his
overthrow. In fact, the king himself is a rebel (here it is meant that a tyrant seizes power by force – D.I.) and
the people have the right to settle accounts with him. It is better that his power be reduced so that he does not
abuse this power” [1; 36-37]. So, as you can see, the idea of overtrowing a tryant has a theological basis. John
Salisbury, who witnessed Becket’s punishment in the XII century, and Roger Bakon, an English philosopher
of the XIII century, insisted on the right to kill the tyrant. This was unimaginable in other parts of the world at
that time, it was considered an unimaginable event.
The Spanish scholastics who united in the school of Salamis in the XVI century developed the teaching
of F.Aquinas in the field of theology, natural rights and economic sciences. Francisco de Vitoria, a professor
at the University of Salamis, condemned the enslavement of Indians in the New World by the Spanish from
the point of view of individualism and natural law. He wrote: “Every Hindu is a human being. If he is a human
being, he has free will and every Hindu is the owner of his actions and activiites. Every person has the right to
his personal life, physical and moral integrity” (Бойз, 2004: p. 37). Vitoria and his colleagues developed the
doctrine of natural law in the areas of private property, revenue, interest and taxation, whose works influenced
Hugo Grotsy and Samuel Pufendorf, and of them Adam Smith and his Scottish colleagues.
The first outstanding representative of the theory of natural law was Hugo Grotsy, the ideologist of the
Netherlands bourgeois revolution (1566). In his work entitled “Three Books on the Law of War and Peace”,
natural law and the law of nations are extensively analized. The requirements of the natural right include giving
up someone else’s property (not touching it), returning things taken from someone else, fulfilling your promise,
paying for the damage you caused to others, etc. includes (Əfəndiyev, 2002: s. 153). Proponents of the theory
of natural law emphasized the freedom of man in his beliefs and actions, the right to own property, the equality
of all, and the creation of security against arbitrariness. Gradually, the idea of “natural law” was developed
and completed with the concept of “social contract”.
Samuil Pufendorf, one of the XVII century German intellectuals, summarizes the views of J.Boden,
H.Grotsy and T.Hobbs about natural law and concludes that natural law has an effect as universal social ethics.