The right to education: to the problem of the content of mythologems in domestic jurisprudence (historical and legal aspect)

Abstract

In the article, based on historical and logical and comparative methods, a comprehensive analysis of the content of the phenomenon of the «right to education» as a legal category is carried out. It is established that the understanding of the concept of human rights is inextricably linked with the clarification of the essence of the subject – «educated person», the formation of which is conditioned by relations of a state – legal, socio – economic, political, national – religious and interpersonal nature. It has been established that the main trajectory of legal development should be analyzed within the context of the «global-regional» category. The contradictions inherent in the issue addressed by this research stem, directly or indirectly, from the influence on Ukrainian society of those state legal institutions with which it has interacted. In European civilization, the genesis of the idea of human rights has its roots in Christian ethics and the concepts of the jurists of Ancient Rome. It is noted that universities became an important factor in the formation of the concept of human rights, and, in particular, the «right to education». Their emergence was driven by the growth and development of cities as centers of economic and cultural life in Medieval Europe, and by the rising role of the bourgeoisie as a new, progressive social class in relation to the feudal lords. During the Renaissance and the Enlightenment, the Western European understanding of law was supplemented by the idea of the autonomous individual, in which the individual acts as a subject naturally endowed with the right to a dignified existence. It has been established that the knowledge acquired through education should contribute to the realization of this right. It is noted that, as the concept of human rights transformed from a moral category into a state-legal one at the end of the 18th century, its fundamental principles were given the corresponding legal framework. It has been established that state policy in the field of education is acquiring a constitutional-legal dimension. In Ukraine, since the declaration of independence, the search for an optimal model of interaction between the state and the individual has been linked to the formation of a social ideal in which the individual could freely develop their abilities (aptitudes, talents, intellect). It is emphasized that the aspiration to realize this ideal is viewed through the prism of the concept of the «right to education». It is underscored that the problem of choosing ideals stems not from their diversity, but from the existence of false and true ideals.