Читать книгу The Theory of State and Law (elementary course) - Aigul Karatayeva - Страница 3

The state form of organization of power has replaced the primitive communal approximately 5-6 thousand years ago. The first state in the world appeared in North-East Africa, South-West and South-East Asia (Egypt, Babylon, India, China). To understand the essence of the state important is the knowledge of the objective reasons that caused its occurrence. Foundations of modern scientific view of the origin of the state were laid in the works of the classics of historical materialism, which were able to uncover the common universal laws of transformation of primitive power in the state. The most significant of these is the work of Engels' The Origin of the Family.

According to the concept of Engels decomposition of primitive society and the emergence of the state it was a natural result of the transition of society from appropriating economy to a producing economy, the gradual development of the productive forces and the relations of production change in society. This process began long before the formation of the first states and developed gradually.

Engels pointed to the following principal causes of the state.

1. The social division of labor, which consists of three stages:

– Department of Livestock farming;

– Department of handicraft production;

– The emergence of the merchant class – a special class of people who do not produce products, and act as intermediaries in its exchange between the producer and the buyer.

The division of labor has become possible due to the growth of the population and its needs, the development of the means of production and increase the degree of independence of man from nature.

These factors have created new opportunities for farming. Individual tribes are no longer needed to provide themselves with all the necessary goods themselves. They became profitable to specialize in the production of a specific product and production exchanged for other products produced by other tribes. Such specialization and caused the appearance of pastoral, agricultural tribes, artisans and merchants.

2. The emergence of private property. Labour productivity growth has led to the division of communal economy on the economy Small groups of people and individuals. Collective ownership over time, transformed first into group and then in private. The amount of property could not be the same in different people – there stratification – having social classes.

3. The emergence of classes. Classes – are large groups of people differing in their material condition and the place they occupy in the labor process (Lenin). The division of functions and social stratification led to an increase in personal and economic independence of entities, their independence from nature and from each other. Society split into several layers, whose interests sometimes directly contradict each other. In this regard, the force was necessary, which could limit the reasonable scope of the class struggle and further conflict-free society. Such was the power and the state. The relative order in social relations has been provided by preferential protection and the protection of the state machine of property and other interests of the economically dominant class.

Thus, the state emerged as a product of the development of the society, as a result of any contradictions in it. At the same time Engels saw it as a means of class rule, an instrument through which the economically dominant class suppresses resistance and carries the economic exploitation of the oppressed class.

The transition from the primitive communal organization of power in the state was accompanied by a transformation of the system of social norms. This transformation is expressed in both quantitative growth of regulatory requirements, both quantitatively and qualitatively increasing complexity of their systems. Social norms have become more diverse. Along with the customs and traditions are actively developing public morals, etiquette, politics, religion, ideology and culture. In addition, the complexity of relationships in society, their conflicting nature demanded the emergence of more effective means of regulation, the most important of which were set out in writing and protected from violations of the measures of state compulsion of law. The first legal regulations are in fact an expression of a work of customs and traditions. But in the future the gap state and customary law is constantly increased. Law norms increasingly reflect not only existing, as necessary, should be (perfect), from the point of view of official authority, the state of social relations. The process of formation of the state, which is based on the general laws and universal reason, among the various peoples of the world proceeded differently, had its own peculiarities.

For example, the emergence of the state in ancient Greece, according to Engels, demonstrating the purest, classic form of state formation, as power structures standing above society (unit of power) came there directly from contradictions, without any external or internal violent intervention. Especially the emergence of the Roman state is associated with an exacerbation at some point in the political struggle between the Roman tribal aristocracy (patricians) and powerless plebeians who do not belong to the Roman age. It was a bitter struggle between the two layers of society caused political reforms, one of the areas which were strong central public authorities. Especially the appearance of Germanic states due to the fact that the primitive tribes of barbarians who seized vast territory of the former Roman Empire, were forced to replace their primitive governments a more efficient public government apparatus.

In this case, the state education process was accelerated by the influence of the military-political factor. Its distinguished features of the formation of the statehood of the peoples of Africa and Asia, developing in the harsh natural conditions, which resulted in long-term preservation of communal ways of managing (Asiatic mode of production). A feature of this method, the emergence of the state is that long before the advent of private property, select the layer of people involved in the implementation of general social functions and authorized to use the legalized violence. Power structures originally performed purely economic functions – led by the collective organization of labor in the community (the construction of canals, fortifications, etc.). Only at a later stage of development of the state, with the improvement of labor productivity and growth, the government begins to perform the function of economic regulation.

To comprehend the problem of the origin of the state, many scientists have tried to, in connection with which the history of science knows several theories, each of which explains the origins of his appearance the state organization.

Theological theory

The founder of the theory considered Aquinas (1225-1274) – a medieval philosopher and theologian. By the later members include the ideologists of the Catholic Church: Desiree Merse (1851-1926) – a Belgian religious philosopher and churchman, Cardinal; Jacques Maritain (1882-1973) – French religious philosopher and ideologues of the Islamic religion. The basic idea of the theory is that the state is the product of divine creation, and government – the continuation of the power of God on earth. Divine power is the need to complete submission rulers citizens. Disobedience to the state is regarded as disobedience to God. All social relations, including stratification, are divine plan, change their unacceptable.

The management functions in the state must belong to the religious leaders. Any secular power is derived from the church.

Patriarchal theory

Among the scientists who shared the position of this theory, the most famous Aristotle (384-322) – Ancient Greek scientist and philosopher and lexicographer, and N. Mikhailovsky (1842-1904) – Russian sociologist, essayist, literary critic, populist. Under this theory, the state is considered to be the product of a single family development. The power of the Emperor is seen as a continuation of the absolute power of the father in the family (the patriarch). The ruler of the state, as well as the father in the family, is not selected and not displaced citizens, its power remains unchanged. Resistance power is unacceptable, for it is only the patriarch can take care of the rest of the family members. Without it, the state is doomed to decay and anarchy.

Contract theory

There was at the turn of XVII-XVIII centuries. The most famous representatives:

Jean-Jacques Rousseau (1712-1778) – French philosopher, writer, and educator;

Thomas Hobbes (1588-1679) – English philosopher-materialist;

John Locke (1632-1704) – English philosopher, educator and political thinker;

Alexander Radishchev (1749-1802) – Russian writer and revolutionary thinker.

As part of the contractual theory of the state is seen as the result of an agreement knowingly and voluntarily entered into by citizens to end the anarchy and war. The essence of this agreement is that the citizens transfer a part of their freedom and power of the state. They undertake to comply with the laws, pay taxes and others, and in return receive the right to demand from the government to protect their interests and security. The state under the contract takes the responsibility to take care of the citizens, which is endowed with the right to make laws, collect taxes, punish offenders, and so on. N. In the case of the state of his abuse of power, citizens have the right to terminate the contract, including by force.

Contract theory was a major step forward in the knowledge of the state, because it threw the religious ideas of prois-walking power. In addition, it had a profound and democratic content, as justified the equal partnership of the state and the person, the right of people to resist, to overthrow the government objectionable.

The theory of violence

There was in the XIX century. Among its most well-known authors: Eugen Dühring (1833-1921) – German philosopher, economist; Karl Kautsky (1854-1938) a German politician of the Social-Democrat.

Priority is given to the appearance of the state military-political factors. The process of decomposition of primitive society was accompanied by wars, the forcible seizure of territory, the enslavement of some other tribes: For the successful management of the conquered peoples of the winners was necessary coercive apparatus, and which became a state. Violence is the cause of any authority, the basis of all social and economic domination. The state, therefore, is not a result of the internal development of the society, it is the power imposed on him from outside.

Anti–democratic essence of this teaching is most clearly manifested in the fact that its representatives tried to present violence as a tool of universal harmony, and the main factor of material progress, argued that it is more necessary to the weak nations, rather than strong, because it is a means of protection against the encroachments of the conquered other tribes.

Psychological theory

The most famous representatives of the theory: Petrazhitsky Dev (1867–1931) – Russian philosopher and sociologist; Sigmund Freud(1856–1939) – Austrian psychiatrist and psychologist; Gabriel Tarde (1843–1904) – French sociologist and criminologist.

The emergence of the state they explained the properties of the human psyche, the laws of human consciousness. The state is considered as a product authorization psychological contradictions between active and passive mass of individuals. Power always capture people in a society with a strong mentality, advanced management will over others (priests, wizards). The main part of society – people are psychologically inclined only to obey.

Organic theory

Representatives of Plato (427-347) – ancient Greek philosopher-idealist; Herbert Spencer (1820-1903) – English philosopher and sociologist.

The essence of the theory is the notion of the state as a likeness of the human body, in the transference of the laws of nature on society and the state. The state – a product of social evolution, which acts as a kind of biological evolution, so it is possible to understand the essence of knowing human anatomy and physiology. The State, like any organism, has a brain (the rulers) and the authorities to ensure implementation of its decisions (ordinary citizens). Every single person is treated as a single cell organism. The order of the state depends on the «health» of the brain, from the good rulers. The state exists until there are people physically.