The right to individualization of thought and feeling

Abstract

The theoretical approaches available in the scientific literature to the analysis of the phenomena of public opinion and popular sentiment have been studied for a better understanding of their correla­tion and the awareness of the necessity of legally guaranteeing an individual’s right to individualize not only thought but also feeling. The challenges for the proper existence of public opinion and popular sentiment – the tyranny of the majority and the simulation of public opinion – have been examined. An attempt has been made to find out why the simulation of public opinion, which is perhaps the greatest threat to human intellectual freedom today, often finds prepared ground for itself in the intellectual life of society. The phenomenon of the fatalism of the popular masses has been considered, which should not be equated with the tyranny of the majority. The crisis phenomena that, along with public opinion as such (and popular sentiment as its component), characterize intellectual life in the era of mass civili­zation have been outlined: "popular clamour", tyranny of the majority, simulation of public opinion, fatalism of the multitude, and their interrelation. The meaning of intellectual freedom and its correlation with public opinion in democratic times has been clarified. An attempt has been made to derive a synthetic definition of the phenomenon of public opinion based on the processed sources. The way in which public opinion can be simulated has been thoroughly analysed. Arguments in favour of the legally enshrining the right of an individual to the individualization of opinion and sentiment are presented, and proposals for improving the current domestic civil legislation in the studied area are formulated. The following legislative formulation of the right to the individua­lization of opinion and sentiment is proposed: "An individual has the right to personal, individual opinions and sentiments, including in the sphere of creative power. The natural person has a right not to yield his or her own opinions and sentiments to the influence of the public, including social networks, as long as he or she does not harm others. The natural person has a right not to be exposed to convictions restricting or forbidding judging with complete indepen­dence and discussing except for cases provided by law".