تباين مفهوم الحرية في المذاهب السياسية و انعكاساته على تعريف حقوق الإنسان

الملخص EN

Rights and freedoms have become two related expressions in our present day, regardless of whether the state recognizes all public rights and freedoms and includes them in its positive legislation and bestows on it legal protection.

What is meant by the right is the exclusive right that is established for a specific person and not others, while freedom is what is permissible for everyone, and the problem emerges.

When the legislator tries to lay the practical foundations for the exercise of rights and freedoms, they are differentiated and different according to the different political jurisprudence from which the legislator derives his vision or legislative philosophy (the idea of public order).

This research attempts to answer this problem by exploring the concepts of right and freedom in different political and legal schools.

The research concluded that the national legislator should adopt a single jurisprudential approach without mixing with other jurisprudential schools of thought, as each theory has its comprehensive and integrated view of the concepts of truth and freedom and thus becomes a mere error if it overlaps with another jurisprudential trend.

This is what some political regimes in the Arab and Islamic world fell into, which is discussed in this paper.