Racial theory. Theories of the origin of the state Crisis theory of the emergence of the state and law

Throughout the Soviet period, the domestic theory of state and law interpreted questions of the origin of the state mainly from Marxist positions. However, starting from the 60s of the last century, certain postulates of the Marxist doctrine about the origin of the state began to be questioned by some Soviet researchers. The modern theory of state and law no longer adheres to Marxist views on the origin of the state in many respects, although it considers a number of provisions of this teaching to be certainly correct. At the same time in modern theory State and law there is no unambiguous interpretation of the issues of the origin of the state. Today, it seems that three main theories of the origin of the state can be distinguished: crisis, dualistic and specialization.

Crisis theory

According to the crisis theory (its author is Prof. A.B. Vengrov), the state arises as a result of the so-called Neolithic revolution - the transition of humanity from an economy that appropriates to an economy that produces. This transition, according to A.B. Vengrova was caused by an environmental crisis (hence the name of the theory), which arose approximately 10-12 thousand years ago. Global climate change on Earth, the extinction of mammoths, woolly rhinoceroses, cave bears and other megafauna have threatened the existence of humanity as a biological species. Having managed to overcome the environmental crisis by transitioning to a producing economy, humanity has rebuilt its entire social and economic organization. This led to the stratification of society, the emergence of classes and the emergence of the state, which was supposed to ensure the functioning of the producing economy, new forms labor activity, the very existence of humanity in new conditions. The theory takes into account both large, generally significant crises and local crises, for example those that underlie revolutions (French, October, etc.)

Theological (religious, theocratic) theory ( theos - god - state is the result of divine will) (Tertullian, Aurelius Augustine). It is impossible to comprehend the nature of the state due to its divine origin. IN modern conditions This theory has been somewhat modified, and is expressed in Christian democratic concept states. Theological theory originated in ancient times. It received its greatest development in the Middle Ages (under feudalism). It still has a certain distribution now (represents official Vatican doctrine). The most prominent representative of this theory in Russia is Joseph Volotsky (1439 - 1515), in the West - the medieval theologian Thomas Aquinas (1226 - 1274). Theological the theory does not distinguish between the process of the emergence of society, state and law. Society, and with it the state and law, arise simultaneously and are the creation of divine reason, the practical embodiment of the will of God on earth. Everything that exists on earth is by the will of God. The state and law are eternal, like God himself. The monarch is the representative of God on earth. According to theologians, any secular power is derived from the power of the church, the power of religious organizations. And the people must unquestioningly obey the dictates of the state will, as a continuation of the divine will. Evaluating Theological Theory, it should be borne in mind that it was determined by the religious consciousness of people during the Middle Ages and earlier, as well as the level of knowledge about society that existed in that period. It also reflected the realities that the first states were theocratic, the accession to the throne of the monarch was covered by the church and this gave the government special authority. In later times, this theory was used to justify the unlimited power of the monarch. This theory is in circulation in the modern period, in particular in the teachings of theologians.

Patriarchal (paternalistic) theory(the state is big family) (Aristotle, in China - Confucius, 551 - 479 BC) , the founder of which is rightfully considered to be the ancient Greek philosopher Aristotle. According to the teachings of Aristotle, the state is a product of natural development, arising as a result of the emergence and growth of the family. The formation of a state is based on the natural desire of people for mutual communication. Such communication leads to the fact that a village or clan is formed from several families, and from all the villages or clans a state is formed. The state, according to Aristotle, is the highest form of communication, which includes all other entities and forms of communication. It “appears only when communication is formed between families and clans for the benefit of life.” Followers of the patriarchal theory: Robert Filmer (England, 17th century), Nikolai Mikhailovsky (Russia, 1842 - 1904). Patriarchal theory received modern refraction in the idea of ​​state paternalism, that is, the care of the state for its citizens and subjects in the event of an unfavorable situation - illness, disability, unemployment. It is also positive that its supporters called for eliminating from life everything that is immoral, harmful, and unreasonable in relation to man, and this is only possible in a society built according to the type family relations.

Contractual (natural law) theory originated in the V-VI centuries. BC. in the teachings of the sophists Ancient Greece. They believed that the state is created by people based on voluntary agreement to ensure the common good. This theory was based on two main provisions: before the emergence of state and law, people lived in the so-called state of nature; the state arises due to the conclusion of a social contract. Contract theory - suggests social purpose of the state– the creation of a state is based on a social contract; people agree to create a state to ensure natural rights. If an agreement is concluded between those already ruling and the rest of the population, then it is agreement of subordination; if between the population, then - association agreement. Contract theory expressed in natural law theory or natural law theory. It received its development in the 17th and 18th centuries, although the origins of this theory are found in the works of thinkers of ancient Greece 5-4 centuries BC. The most famous representatives were: G. Grotius, T. Hobbes, J. Locke, J.J. Russo, A.N. Radishchev, Spinoza. According to contract theory state - the result of a social contract on the rules of cohabitation. Before the advent of the state, people were in the so-called state of nature, which means either freedom and equality of all members of society (Locke), or a war of all against all (Hobbes), or general prosperity - the Golden Age (Rousseau). Each person had a certain amount of inalienable natural rights received from God or from nature. At the same time, in pre-state society there was no power capable of protecting people and guaranteeing their natural rights. That's why In order to protect a person, guarantee him his natural rights and a normal life, people entered into an agreement among themselves, a kind of agreement on the creation of a state, transferring to it, as a body representing their common interests, part of their rights.

The advantage of this theory: she proclaimed the people as the source of state power, sovereignty belonging to the people. Rulers are only representatives of the people, can be removed at the will of the people and are obliged to report to them. The theory is democratic in nature, because proceeds from the fact that human rights and freedoms belong to him from birth, people are equal to each other, and everyone is valuable to society.

Theory of violence appears in the 19th century in Germany in two variants as internal violence theory (the state arises as a result of violence of one part of society over another in order to subjugate the minority to the majority) and theory of external violence (the state arises as a result of the conquest of one tribe or people by another, the State is an apparatus for suppressing the enslaved people and maintaining the order necessary for the conquerors; law is created for the same purpose). This theory explains the emergence of the state as a result of the action of a military-political factor - the conquest of some tribes by others. The winners strive, with the help of the state, to assert their dominance and force the vanquished to submit to themselves (E. Dühring, L. Gumplowicz, K. Kautsky).

Racial theory– people, due to their physical and mental inequality, form superior and inferior races. The superior race is the creator of civilization and is called upon to dominate the inferior races, and since the latter are not capable of managing affairs, the representatives of the superior race dominate them. They created the state as an organization for managing an inferior race and as a product of civilization, since inferior peoples cannot have their own civilization ( J. Gabino, F. Nietzsche).

Marxist theory (class, economic) arose in the 19th century, the founders Marx and Engels (the work “The Origin of the Family, Private Property and the State”), development in the works of V.I. Lenin. The main tenet of Marxist theory is doctrine of socio-economic formation, based on a specific method of production and corresponding forms of ownership. The method of production determines political, social, spiritual and other processes in society. Superstructural phenomena - politics, law, legal institutions depend on the economic structure of society, but at the same time they have some independence. According to Marxist theory, the state arose due to economic reasons - social division of labor, the emergence of a surplus product, private property, the split of society into opposing classes. Soviet science and the science of other socialist countries considered this theory to be the only correct one. From the point of view of Marxist theory the state arises as a result of the social division of labor, the emergence of surplus product, private property, the split of society into classes and the struggle between them. This theory views the emergence of state and law as a natural historical process, developing according to its own laws. From the point of view of Marxist theory, the development of the economy in primitive society led to three major social divisions of labor (the separation of shepherd tribes, the separation of crafts from agriculture, the emergence of merchants) which led to the emergence of private property, the split of society into antagonistic classes and to class struggle. The state, and with it the law, are created by the economically dominant class (exploiting), which, with the help of the state, becomes politically dominant, acquiring powerful tools to suppress, oppress, keep the exploited classes in obedience. The founders of Marxism assessed the fact of the appearance of the state positively, but believed that, having fulfilled its mission, the state would gradually wither away along with the disappearance of classes.

Psychological theory– the origins of psychological theory were laid in Ancient Rome. As Cicero believed, people united into a state due to an innate need to live together. A psychological explanation of the reasons for the emergence of the state was given by N. Machiavelli. He proceeded from the fact that the formation and structure of the state is “an act of a single will ruling over the state.” Founder of psychological theory - L.I. Petrazhitsky. He explained the emergence of the state by the special properties of the human psyche, including the desire of people to search for authority, which they could obey and whose instructions they could follow in Everyday life. Therefore the state and law are generated by the emotions and experiences of people, and not the material conditions of life. The state is the result of a person’s psychological need to search for an authority to which one could obey; the state is generated by the emotions and experiences of people, and not by the material conditions of life. The reasons for the emergence of the state are a certain state of the people’s psyche: the constant dependence of primitive people on the authority of the leader, sorcerers or shamans, the fear of their magical power led to the emergence of state power, to which people submit voluntarily. Evaluating this theory, it should be said that certain properties of the people’s psyche (for example, emotional perception of state-legal reality) have important, but are not decisive in the reasons for the emergence of the state.

Potestar (crisis) theory– argues that the state was not imposed on society from the outside; it arises objectively, due to the internal needs of organizing the life of communal landowners and the transition of a primitive communal society from an appropriating economy to a producing one, as a result of changes in the material conditions of society. The formation of the state proceeded gradually over a long period of time. Formation and development of classes and state coming parallel, since not only classes caused the emergence of the state, but the state itself stimulated the emergence of classes. Early class society defended the interests of the entire society, all its layers; later the class nature of the state emerged.

Organic theory– transfers the laws of nature to human society.

Patrimonial theory– the state comes from the owner’s right to land (patrimonium). From the right of ownership of land, power automatically extends to the people living on it; This is how feudal suzerainty develops (Haller).

Irrigation theory– the emergence of the state was due to the need to carry out large-scale irrigation work and low weapon development. The state acts as the organizer of large-scale work.

1. The concept and characteristics of the state. The essence and social purpose of the state

The state is a complex phenomenon. Since ancient times, attempts have been made to define the concept of "state", but Until now, there is no generally accepted, generally accepted idea of ​​it.

In legal literature, the concept of a state is defined by listing its characteristics. This is a generally accepted technique. There is virtually no serious disagreement among scientists about the feature data set. Despite the diversity of states that exist both now and in different historical eras, at different levels of their development, etc., all states have inherent some common features, characteristics, properties. They allow us to identify the state and distinguish it from other organizations of society.

State- this is special political organization, which has an apparatus of coercion and control, making its orders binding on the population of the entire country and possessing sovereignty.

State is a historically established, consciously organized social system, managing the company. Main features of the state:

1. presence of public political power, which has a special apparatus of control and coercion. The state is a complex mechanism (apparatus) for managing society, which is system of government bodies and the corresponding material resources necessary to perform its tasks and functions. The presence of a special layer of persons - civil servants;

2. territorial organization of the population– means that a state-organized society has state borders, which mean the territorial integrity of the country;

3. state sovereignty- independence of state power from any other political power within the country and outside it, expressed in its exclusive right to independently decide all its affairs. Supremacy- fullness of state power on its territory, its independence in determining the content of its activities and full rights in establishing the regime of social life. In a democratic society, state power is limited by law and based on it. The independence of state power means that it independently determines its foreign policy and relations with the international community. But this independence is not absolute. Sovereignty modern states self-limited by mutual obligations of states under international agreements, as well as the need to comply with generally accepted norms and principles of international law;

4. generally binding and comprehensive nature of acts– is determined by exclusive powers in the field of lawmaking, that is, the right to adopt, amend, supplement or repeal legal norms that apply to the population of the entire country. Only the state, through generally binding acts, can establish legal order in society and enforce compliance with it;

5. presence of state treasury, which is associated with the collection of taxes and other funds for the maintenance of the state apparatus and other needs of the state. The concept of the state treasury also includes government loans, internal and external loans, customs duties, securities, currency values, gold reserves and more;

6. Lawmaking– issues laws and regulations that have legal force and contain rules of law;

7. Availability of law enforcement (punitive) authorities (court, prosecutor's office, police, etc.);

8. Availability armed forces and security agencies (enforcement apparatus);

9. Close organic connection states with the right;

These features constitute the political and legal characteristics of the state

Thus, state- a power-political organization of society that has state sovereignty, a special apparatus of management and coercion, a state treasury and establishes legal order in a certain territory.

Social purpose of the state reveals what it is intended for, what purposes it should serve.

The main purpose of the state is serve society . For these purposes, the state must:

1. establish a certain order in society and maintain it, using coercion when necessary;

2. act as a social arbiter in relations between different groups and strata of society in the clash of their interests;

3. protect the individual from arbitrariness, create normal living conditions for all segments of society, especially for the socially disadvantaged (disabled, unemployed, pensioners, single-parent families, orphans, etc.);

4. ensure the security of society and its organs from criminal elements and the country from external aggression from other states;

5. act as an integrating force, achieving peace and harmony in society;

Ideally social purpose of the state – serve a person, create conditions so that he can develop as much as possible and demonstrate his abilities and talents. The social purpose of the state is closely related to its essence: what is the essence of the state, these are the goals and objectives that it sets for itself. A democratically structured state must act in the name of the common good, act as an instrument of social compromise (in content) and be legal in form.

Universal purpose of the State– to be an instrument of social compromise, mitigating and overcoming contradictions, seeking agreement and cooperation of various segments of the population and social forces; ensuring a general social orientation in the content of all functions it performs.

Currently there are two main approaches to the interpretation of the essence of the state:

1. First approach – Class essence of the state – is that the essence of the state is defined as the expression of the interests and will of the economically dominant class and the imposition of the will of this class on the entire society. This approach is inherent in the Marxist understanding of the state, considered as a class organization of whoever is in power, and the state itself is characterized as an apparatus of violence, coercion, and suppression. Its essence is the dominance of the economic elite and organized violence against other classes of society.

2. The second approach – General social essence of the state – the ability of the state to unite the entire society, resolve emerging contradictions and conflicts, and act as a means of achieving social harmony and compromise. Advantages of this approach compared to the class one:

1. It is based on the universal, general social nature of the state, which must govern society in the interests of each and every person;

2. Focuses on democratic methods of managing society, since social compromise cannot be achieved through coercion and violence;

3. Emphasizes value to society government organization, since humanity has not yet invented a more perfect and rational organization of human life;

Despite the opposition of these two approaches to the essence of the state, they do not exclude each other. Consequently, any state has a dual essence: it contains both features of class, that is, the aspirations of the ruling forces whose interests they represent (otherwise there would be no fierce struggle for power in any society), and features of general sociality, adherence to universal ideals. But the proportion of certain qualities is not the same and depends on many factors, among which the leading role is played by national traditions, features of historical progress, religious, cultural specifics, geographical position countries and others. It is obvious that in a democratically structured state the features of general socialism will prevail, in a totalitarian state – the features of class.

The opinion has been established in the legal literature O the dual nature of the essence of the state . It contains the beginnings of both the so-called classism, i.e. the desire of the rulers to express the will of those social forces whose interests they represent, otherwise there would not have been a fierce struggle to seize state power, and significant commitment modern state universal human ideals, fulfillment of its general social purpose. Both characteristics are inherent in the essence of any state, but the relative weight of one or the other principle is not the same in different states and at different stages of their development.

1. Theories of the origin of law: theological, natural law, historical school of law, psychological, Marxist and others

A special role in the knowledge of law was initially assigned to religion. That's why The most ancient teachings about the state are theological.

In Ancient Egypt, Babylon, and Judea, the idea of ​​the divine origin of state and law was dominant. The emergence of law was justified by divine providence. Legal norms are moral rules of life that come from God and point humanity to the right direction in life. The concept of law was associated with justice, and subsequently - with justice.

All people are equal and endowed by God with equal opportunities. Consequently, violation of this equality in human relations is a deviation from divine law. An important factor maintaining divine order in society is punishment: during life - by the state, and after death for sins, misdeeds and crimes - by divine court.

Theological teachings became most widespread during the period of establishment of feudal relations. During this period, the teaching of the famous theologian Thomas Aquinas appeared (according to his teaching, the world is ruled by the Divine Mind). Law is the action of justice in the divine order of human society, and justice itself expresses a person’s attitude not to himself, but to other people and consists in rewarding everyone with what belongs to him.

F. Aquinas distinguished between right and law. The latter was “a certain institution of reason for the common good, promulgated by those who have charge of society,” i.e. rulers. The law is assessed from the point of view of its compliance with law as the highest justice of divine origin. The eternal law is not accessible to human consciousness. But a person distinguishes between good and evil, proper and improper behavior.

Natural law is a reflection of the Eternal Law in human relationships. Natural law prescribes to strive for self-preservation, procreation, obliges to seek the truth (God) and respect the dignity of people, it is reflected and concretized in human laws, the purpose of which is to force people to avoid evil and strive for virtue by force and fear of coercion. Law exists where there is no contradiction between natural and human laws. But human laws are not perfect, so if they contradict natural regulations and divine law, then they can be disobeyed.

Natural law theory – the idea of ​​natural law arose in Ancient Greece and Ancient Rome (Socrates, Aristotle, Stoics, Cicero, Ulpian).

Certain provisions of the theory of natural law were known to the thinkers of Ancient Greece and Ancient Rome. In particular, the sophists proceeded from the fact that there is nothing eternal or unchangeable at the basis of the formation of law. "Right" or “truth” is the result of an agreement between people, their agreement to adhere to certain rules in their relationships in order to ensure the safety of each and everyone. Thus, Law is an invention of people, an artificial formation. Aristotle, Socrates, and Plato objected to this. They argued that not all law is an artificial invention of the human mind. Along with written laws there are eternal, unwritten laws that are independent of the will of people and constitute natural law. Natural law comes from the freedom and equality of people. However, Aristotle at the same time believed that nature itself intended some people to be free and others to be slaves. However, the relationship between slave and master must be friendly, because they rest on natural principles. During the Middle Ages, these theories underwent major changes. The thinkers of this period proceeded from the divine origin of law. But later (17-18 centuries) Grotius, Spinoza, Rousseau, Radishchev abandoned the idea of ​​​​the divine origin of natural law and turned to the will of the people. It was recognized that along with positive law, which is created by the state (legislatively), there is supreme right - natural right inherent in man by nature . It is a criterion of positive law from the point of view of its compliance with justice. If there is no such correspondence, then the laws of the state are illegal (at the same time, natural law was understood as the laws of nature, according to which everyone is equal).

The first form of human life activity in the history of mankind, covering the era from the appearance of man to the formation of the state, was primitive society.

Legal science uses archaeological periodization, which highlights the development of primitive society two main stages: the stage of the appropriating economy and the stage of the producing economy, between which lay an important the turn of the Neolithic revolution.

For a considerable time, man lived in the form of a primitive herd, and then through the clan community, its decomposition led to the formation of a state.

During the period of the appropriating economy man was content with what nature gave him, therefore he was mainly engaged in gathering, hunting, fishing, and also used natural materials- stones and sticks.

Shape social organization primitive society was tribal community, i.e., a community (association) of people based on consanguinity and leading a joint household. The clan community united several generations - parents, young men and women and their children. The family community was headed by the most authoritative, wise, experienced food providers, experts in customs and rituals (leaders). Thus, the clan community was private, and not a territorial union of people. Family communities united into larger entities - clan associations, tribes, tribal unions. These formations were also based on blood relationships. The purpose of such associations was protection from external attack, organization of hikes, collective hunting, etc.

A feature of primitive communities was a nomadic way of life and a strictly fixed system gender and age division of labor, i.e., a strict distribution of functions for the life support of the community. Gradually, group marriage was replaced by pair marriage, a ban on incest, since it led to the birth of inferior people.

At the first stage of primitive society, management in the community was built on the principles natural self-government, that is, the form that corresponded to the level of human development. Power carried public character, since it came from the community, which itself formed self-government bodies. The community as a whole was the source of power, and its members directly exercised the fullness of the latter.

The following institutions of power existed in the primitive community:

a) leader (leader, leader);

b) council of elders;

c) a general meeting of all adult members of the community, which decided the most important issues of life.

The main features of power in primitive society– this is election, turnover, urgency, lack of privileges, public character. Power under the clan system was consistently democratic in nature, which was possible in the absence of any property differences between members of the community, the presence of complete de facto equality, the unity of needs and interests of all members.

At the turn of 12–10 thousand BC. e. environmental crisis phenomena arose - unfavorable climate changes, which led to changes in megafauna - the disappearance of animals and plants consumed by humans as food. These phenomena, according to scientists, threatened the existence of humanity as a biological species, which led to need for transition to a new way of existence and reproduction – to a producing economy. This transition was called in the literature the “Neolithic Revolution” (Neolithic - New Stone Age). And although this phenomenon is called a revolution, it was not of a one-time, fleeting nature, but occurred over a long period, the transition itself spanning tens of millennia. During this period There was a transition from hunting, fishing, gathering, archaic forms of agriculture and cattle breeding to developed forms of agriculture (irrigated, slash-and-burn, non-irrigated, etc.), and in the field of cattle breeding - to pasture, transhumance, etc.

The main essence of the Neolithic revolution was that in order to satisfy his life needs, a person was forced move from the appropriation of ready-made animal and plant forms to genuine labor activity, including the manufacture of tools. This transition was accompanied by selection activities both in the field of cattle breeding and agriculture. Gradually, man learned to make ceramic objects, and subsequently moved on to metalworking and metallurgy.

According to scientists, a productive economy already existed by the 4th–3rd millennium BC. e. became the second and main way of human existence and reproduction. This transition also entailed a restructuring of the organization power relations, including appearance of early state entities– early class city-states.

The emergence and then the flourishing of early agricultural societies led to the emergence of the first civilizations based on them. They arose initially in the valleys of large rivers - the Nile, Euphrates, Indus, Tigris, Yangtze, etc., which can be explained by the most favorable climatic and landscape conditions of these territories. The transition to a producing economy also led to the growth of humanity, which is necessary for the flourishing of civilization. The producing economy has led to the complication of the organization of production, the emergence of new organizational and management functions, the need to regulate agricultural production, normalize and take into account the labor contribution of each member of the community, the results of his labor, participation in the creation of public funds, and distribute the share of the created product.

The producing economy led to an increase in labor productivity and the emergence of a surplus product. The emergence of a surplus product, in turn, led to the formation of new forms of ownership (collective, group, private) and, as a consequence, to the further stratification of society according to social sign. In particular, there is a separation of the elite from the bulk of producers, since the elite does not participate in material production.

Gradually, classes and layers of society are formed, differing in their interests and needs, which often develop into antagonistic ones.

Thus, the Neolithic revolution, which determined the transition of mankind to a producing economy, objectively led primitive society to its stratification, the emergence of classes and then to the emergence of the state.

2. Theological theory, the name of which comes from the Greek words “theo” - god and “logos” - doctrine, i.e. the doctrine of God. This one of the ancient theories of the origin of the state. She explains the emergence and existence of the state by God's will, the result of God's providence. The state is eternal, like God himself, and the sovereign is endowed by God with the power to command people and implement God's will on earth. People must unquestioningly obey the will of the sovereign.

In the surviving literary monuments of Ancient Egypt, Babylon, India, and China, the idea of ​​​​the divine origin of the state is clearly expressed. This theory became most widespread in the Middle Ages. Its main focus was to substantiate the superiority of church power over secular power. Since the 9th–10th centuries. the so-called theory of swords is being formed (the sword is a symbol of power), according to which, to protect Christianity, God gave the church two swords - spiritual and secular. The Church, keeping the spiritual sword for itself, handed over the secular sword to the monarch. Therefore, the monarch must obey the church, for it is the source of his power. However, there was another interpretation of this theory: supporters of independent secular power argued that monarchs received their sword directly from God. In Russia, he was a supporter of independent tsarist power Joseph Volotsky (1439–1515. In the world Ivan Sanin) - abbot of the Volokolamsk Monastery. He believed that the king’s power was given by God, so it could not be limited by anything or anyone.

In the West, the most prominent representative of theological theory was Thomas Aquinas (Aquinas)(1225–1274). In his essay “On the Rule of Rulers,” he argued that the emergence and development of the state is similar to God’s creation of the world. Divine reason governs the world, underlies nature, society, world order and every state. The ruler is the authority above the state. “The ruler in the state,” he wrote, “occupies the same position as God in the Universe.”

Representatives of theological theory were also Jean Maritain, F. Lebuff, D. Euwe, ideologists of Islam, modern Catholic, Orthodox and other churches.

When assessing theological theory, it should be borne in mind that it was determined by the religious consciousness of people that dominated during the Middle Ages and earlier, as well as the level of knowledge about society that existed at that time. This theory correctly reflects the fact that the state appears along with mono-religion. It also reflected the realities that the first states were theocratic, the accession to the throne of the monarch was sanctified by the church and this gave the government special authority. In later times, this theory was used to justify the unlimited power of the monarch.

This theory is in circulation in the modern period, in particular in the teachings of theologians.

3. Patriarchal theory, the origins of which were laid by Aristotle (384–322 BC). He, in particular, believed that people as collective beings strive for communication and the formation of families, and their development leads to the formation of a state. But in its most complete form this theory was substantiated in the work of the English scientist Robert Filmer "Patriarchy, or the Natural Power of the King" (XVII century), where he argued that the power of the monarch is unlimited, since it comes from Adam, and he received his power from God and was not only the father of mankind, but also its ruler. Monarchs are the successors of Adam and inherited their power from him. In general, R. Filmer interpreted the emergence of the state as a result of the growth of families, the union of clans into tribes, tribes into larger communities, up to the state.

Filmer's ideas were later used G. Maine, E. Westermarck, D. Murdoch, and in Russia - Nikolai Mikhailovsky (1842–1904).

In China, patriarchal theory was developed by Confucius (551–479 BC). He interpreted the state as a big family. The power of the emperor (“son of heaven”) was likened to the power of a father, and the relationship between rulers and subjects was likened to family relationships based on the principles of virtue. Subjects must be loyal to the rulers (elders), respectful and obey their elders in everything. The elders are obliged to take care of the younger ones, as is customary in the family.

This theory has received a modern meaning in the idea of ​​state paternalism, i.e. the care of the state for its citizens and subjects in the event of an unfavorable situation - illness, unemployment, disability, etc. The positive thing about the patriarchal theory is that its supporters, for example N. Mikhailovsky, called for eliminating from life everything that is immoral, harmful, and unreasonable towards a person, and this is possible only in a society built on the type of family relationships. The patriarchal theory correctly emphasizes the relationship between the family and the state, which is not lost for a long time after the transition of society to a state state. The ruler continues in his new capacity to treat his subjects as his own children, and not as strangers.

This theory makes it possible to establish order in society as a result of submission to the “will of the fathers,” and also supports people’s faith in the inviolability of the world, since good families there are no quarrels or hostility.

Flaw The patriarchal theory is that it cannot explain this fact: if the state is a single family, then why do people fight among themselves, why do revolutions occur, if the power of the father is initially unshakable?

4.Contractual, or natural law, theory in some of its provisions originated in the V – IV centuries. BC e. in the teachings of the sophists of Ancient Greece. They believed that the state is created by people based on voluntary agreement to ensure the common good. This theory was based on two main provisions: 1) before the emergence of state and law, people lived in the conditions of the so-called state of nature; 2) the state arises as a result of the conclusion of a social contract.

The first form of human activity in human history, spanning the era from the creation of man to the formation of statehood, was a primitive society.

Legal science uses archaeological periodization, which identifies the following main stages in the development of primitive society:

• stage of appropriating economy;
• stage of the producing economy.

Between these stages lay the most important boundary of the Neolithic revolution.

For a long time, humanity lived in the form of a primitive herd, and later, through the formation of a tribal community and its decomposition, it moved on to the formation of a state.

The essence and development of the crisis theory of the origin of the state

During the period of the economy of appropriation, man was content with what nature gave him, so he was mainly engaged in gathering, fishing, hunting, and used various natural materials, such as stones and sticks, in the form of tools.

The form of social organization in primitive society is the clan community, that is, an association (community) of people based on consanguineous relationships and leading a joint household. The clan community united different generations: old parents, young men and women and their children. The family community was headed by more authoritative, wise, experienced food providers, experts in customs and rituals, that is, leaders. The clan community was a personal, not a territorial union of people. Family communities united into the largest formations, such as clan associations, tribes, and tribal unions. These formations were also based on consanguinity. The purpose of such associations is protection from external influences (attacks), organization of hikes, group hunting, etc.

Note 1

The peculiarity of primitive communities is a nomadic way of life and a strictly fixed system of gender and age division of labor, which was expressed by a strict distribution of functions for the life support of community education. Over time, group marriage replaced pair marriage, along with the prohibition of incest, since it led to the birth of inferior people.

The first stage of primitive society was determined by management in the community on the basis of natural self-government, that is, a form that could correspond to the level of development of mankind. Power had a public character, since its source was the community, which independently formed self-government bodies. The community as a whole was a source of power, and its members independently exercised full power.

The primitive community was determined by the existence of the following institutions of power:

• leader (leader, leader);
• council of the wisest and most revered people (elders);
• a general meeting of all adults in the community, which resolved the most important life issues.

The main features of the power of primitive society were:

• election;
• turnover;
• urgency;
• lack of privileges;
• public character.

The power of the clan system had a consistently democratic character; this seemed possible under the conditions of the absence of any property differences between members of the communities, the most complete actual equality, unified system needs and interests of all community members.

In the 12-10th millennium BC, environmental crisis phenomena gradually arose, such as unfavorable changes in the climate system, which led to changes in megafauna: animals and plants that were used as food by humans disappeared. These phenomena, according to scientists, have become a threat to the existence of humans as a biological species, which demonstrated the need for a transition to the emergence of a new way of existence and production - a producing economy.

This transition in literature was called the “Neolithic revolution” (the Neolithic is a new stone age). Although this phenomenon is called a revolution, it was not a one-time event, fleeting in nature, it occurred over a long period, the transition itself covered tens of millennia. During this period, there was a transition from hunting, fishing, gathering, archaic forms of agriculture and cattle breeding to the most developed forms of agriculture, such as irrigated, slash-and-burn, non-irrigated, etc., and in the pastoral sector - to pasture, transhumance, etc.

The essence of the Neolithic revolution is that in order to satisfy their own vital needs, man was forced to move from the appropriation of already existing animal and plant forms to real active labor activity, including self-production tools. This transition was accompanied by selection activities both in the areas of cattle breeding and agriculture. Over time, man learned to make ceramic objects, and later switched to metalworking and metallurgy.

Note 2

According to various scientists, the productive economy had already become the second and main way of existence and production of mankind by the 4th–3rd millennia BC. This transition entailed a restructuring of the organization of power relations, including the formation of early state formations - early class city-states.

The emergence and subsequent flourishing of early agricultural societies led to the formation of the first civilizations on their basis. They arose primarily in the valleys largest rivers, such as the Nile, Euphrates, Indus, Tigris, Yangtze, etc., this was explained by the most favorable climatic and landscape conditions of these territories. The transition to a producing economy determined the growth of all humanity, which was necessary for the flourishing of civilization. The producing economy led to the complication of production organization, the formation of new functions of organization and management, the need to regulate agricultural production, rationing and accounting for the labor contribution of each member of the community, the results of his labor, the activities of each in the formation of public funds, and the distribution of the share of the created product.

Note 3

The Neolithic revolution, which determined the transition of all mankind to a productive economy, led primitive society to its stratification, the formation of classism and then to the formation of statehood.

The first form of human activity in human history, spanning the era from the creation of man to the formation of statehood, was a primitive society.

Legal science uses archaeological periodization, which identifies the following main stages in the development of primitive society:

• stage of appropriating economy;
• stage of the producing economy.

Between these stages lay the most important boundary of the Neolithic revolution.

For a long time, humanity lived in the form of a primitive herd, and later, through the formation of a tribal community and its decomposition, it moved on to the formation of a state.

The essence and development of the crisis theory of the origin of the state

During the period of the economy of appropriation, man was content with what nature gave him, so he was mainly engaged in gathering, fishing, hunting, and used various natural materials, such as stones and sticks, in the form of tools.

The form of social organization in primitive society is the clan community, that is, an association (community) of people based on consanguineous relationships and leading a joint household. The clan community united different generations: old parents, young men and women and their children. The family community was headed by more authoritative, wise, experienced food providers, experts in customs and rituals, that is, leaders. The clan community was a personal, not a territorial union of people. Family communities united into the largest formations, such as clan associations, tribes, and tribal unions. These formations were also based on consanguinity. The purpose of such associations is protection from external influences (attacks), organization of hikes, group hunting, etc.

Note 1

The peculiarity of primitive communities is a nomadic way of life and a strictly fixed system of gender and age division of labor, which was expressed by a strict distribution of functions for the life support of community education. Over time, group marriage replaced pair marriage, along with the prohibition of incest, since it led to the birth of inferior people.

The first stage of primitive society was determined by management in the community on the basis of natural self-government, that is, a form that could correspond to the level of development of mankind. Power had a public character, since its source was the community, which independently formed self-government bodies. The community as a whole was a source of power, and its members independently exercised full power.

The primitive community was determined by the existence of the following institutions of power:

• leader (leader, leader);
• council of the wisest and most revered people (elders);
• a general meeting of all adults in the community, which resolved the most important life issues.

The main features of the power of primitive society were:

• election;
• turnover;
• urgency;
• lack of privileges;
• public character.

The power of the clan system had a consistently democratic character; this seemed possible under the conditions of the absence of any property differences between members of the communities, the most complete actual equality, and a unified system of needs and interests of all members of the community.

In the 12-10th millennium BC, environmental crisis phenomena gradually arose, such as unfavorable changes in the climate system, which led to changes in megafauna: animals and plants that were used as food by humans disappeared. These phenomena, according to scientists, have become a threat to the existence of humans as a biological species, which demonstrated the need for a transition to the emergence of a new way of existence and production - a producing economy.

This transition in literature was called the “Neolithic revolution” (Neolithic is the new Stone Age). Although this phenomenon is called a revolution, it was not a one-time event, fleeting in nature, it occurred over a long period, the transition itself covered tens of millennia. During this period, there was a transition from hunting, fishing, gathering, archaic forms of agriculture and cattle breeding to the most developed forms of agriculture, such as irrigated, slash-and-burn, non-irrigated, etc., and in the pastoral sector - to pasture, transhumance, etc.

The essence of the Neolithic revolution is that in order to satisfy their own vital needs, man was forced to move from the appropriation of already existing animal and plant forms to real active labor activity, including the independent production of tools. This transition was accompanied by selection activities both in the areas of cattle breeding and agriculture. Over time, man learned to make ceramic objects, and later switched to metalworking and metallurgy.

Note 2

According to various scientists, the productive economy had already become the second and main way of existence and production of mankind by the 4th–3rd millennia BC. This transition entailed a restructuring of the organization of power relations, including the formation of early state formations - early class city-states.

The emergence and subsequent flourishing of early agricultural societies led to the formation of the first civilizations on their basis. They arose primarily in the valleys of the largest rivers, such as the Nile, Euphrates, Indus, Tigris, Yangtze, etc., this was explained by the most favorable climatic and landscape conditions of these territories. The transition to a producing economy determined the growth of all humanity, which was necessary for the flourishing of civilization. The producing economy led to the complication of production organization, the formation of new functions of organization and management, the need to regulate agricultural production, rationing and accounting for the labor contribution of each member of the community, the results of his labor, the activities of each in the formation of public funds, and the distribution of the share of the created product.

Note 3

The Neolithic revolution, which determined the transition of all mankind to a productive economy, led primitive society to its stratification, the formation of classism and then to the formation of statehood.