Читать книгу The Theory of State and Law (elementary course) - Aigul Karatayeva - Страница 5

An important means of knowledge of the nature of the state is a scientific typology. Typology – is a specific classification of states, dividing them into certain types on the basis of stable and essential features. In the scientific literature offered several typologies of states, among which the most famous are the following.

Formational typology States

The main criterion for the division of states into types here are the features of the socio-economic system (CEF), under which there is a specific state. CEF – historically developed form of social relations, covering basis (production method, type of relations of production) and the superstructure (belief system, ideological relations and institutions, including the state and the right). According to representatives of this approach (Karl Marx, Friedrich Engels, Vladimir Lenin), a decisive factor in the development of society is the economic basis. Method of production of a given society. It depends on the characteristics of the base nature of the superstructure. The State as an important part of the superstructure changes its type, depending on the changes taking place in the economic sphere, in the field of industrial relations.

History knows five CEF: primitive communal, slave, feudal, capitalist and socialist.

Accordingly, depending on the type of the base stand it shouldfollowing types of states:

1) slave state is an instrument of maintaining the power of slave-owners of the slaves, is a personal free citizens;

2) the feudal state – it means the dictatorship of the feudal class – large land owners who exploited labor is economically dependent peasants;

3) the bourgeois state – a tool of maintaining power of the bourgeoisie over the working class, who, with personal freedom, forced to sell their labor power to the capitalist;

4) The socialist state – based on public ownership of the means of production and is expressed in its policy interests of the general population.

Thus, under the formational typology, type of state is characterized primarily by its economic base and social nature (shows what social class exercises leadership of society).

This typology of modern science are mainly used for the characterization of past states. It is not only the slave, and «pure» feudal states in the modern world does not remain. Significantly changed the nature of the bourgeois and the socialist countries, developing along the path of rapprochement essential characteristics. Civilization typology States Developed primarily in the XX century. (Arnold Toynbee, Max Weber, Pitirim Sorokin, Oswald Spengler, Walt Rostow and others.).

This approach by dividing the states on the types of offers to focus primarily on the cultural characteristics of society (especially religion, psychology, national consciousness, morality).

The most detailed civilization typology proposed British historian Arnold Toynbee. He singled out in the past and present of mankind 13 kinds of societies (civilizations) – Ancient Greek, Roman, Syrian, Orthodox, Western, Arab, Far Eastern, Mexican, Iranian, Chinese, etc. In this case, under the civilization he knew a closed and static state society is characterized by its history, religion, culture, traditions. Each type of civilization, in his opinion, corresponds to the same type of state.

Civilization is based on a typology of state cultural factors that may strongly affect the uniqueness of a particular state. However, these factors are too many and not enough clear. In addition, they are not only characteristics of the state, as a society. In general, different incomplete scientific development. Typology of countries, depending on the form of government or political regime It is distributed mainly in the modern foreign literature, where in contrast to the Russian state not make a clear distinction in the use of «type» of the terms «form», «kind» to the state.

For example, the French author M. Tropez in the «legal theory of the state» (1994) describes three types of states: monarchy, aristocracy and democracy. American political scientist Robert Heineman distinguishes these types of states as democratic, authoritarian and totalitarian.

State Form: concept and structure

The State, like any objectively existing phenomenon inherent in certain forms of organization.

The form of government has a way of organizing and function state power. The study forms the state allows us to understand how to organize the state management of society, what bodies, in what order to perform its power w whom they are formed, the principles on which interact with each other, what methods are used in the process of regulation of relations in the society. All these formal, organizational characteristics of the state (the government), but should not be underestimated – the form of the ability to exercise a certain influence on the essence of the phenomenon.

In science established views on the form of the state as a complex structure a systemic phenomenon, consisting of several interconnected elements. Most scientists believe such elements are: a form of government, form of state-territorial structure and form of public-political regime. The form of the state as well as a theoretical concept is a complex, composite, brings together the content of three distinct theoretical abstraction: 1) The form of government – a form element of the state, which characterizes the features of the organization and functioning of state power bodies. The form of all the states are divided into the monarchy and republic; 2) the form of public-territorial devices – cell form of the state, describing the specifics of the territorial organization of power and administration. On this basis distinguish unitary and federal state; 3) the form of public-political regime – an element of the form of the state, reflecting the system of means and methods of the state power. Depending on the specifics of such a regime is isolated state democratic, liberal, authoritarian, and totalitarian and others.

The ratio of the type and form of the state state form does not take place among the main characteristics of the state organization. The main thing – is the essence of the state, its content, which defines a particular type of state forms. However, the shape of the state may have a reverse effect on its substance. So the authoritarian and totalitarian forms of strengthened anti-democratic nature of the state, democratic forms reveal their capabilities general social state.

The ratio of historical type and form of the state lies in the following points. On the one hand, the state of historical type can have many different forms. Thus, the slave states existed in the form of monarchies (Egypt, Babylon, China, India), and in the form of republics (Rome, Athens); under feudalism were monarchical state and urban republic (Novgorod, Pskov, Venice and so on.). The bourgeois state is also clothed in the monarchical and republican forms. On the other hand, it should be noted that the state of a certain historical type have some forms that are unique to them. For example, a class-representative monarchy – the characteristic shape of a feudal state type, a constitutional monarchy and a presidential republic only appear under the bourgeois type of state.