theological law marxist normativist

The psychological theory of law received its most logically complete form in the 20th century. Representatives: L.I. Petrazhitsky, A. Ross, I. Reisner and others.

In psychological theory, law is interpreted mainly as a set of elements of the subjective human psyche.

The founder of this theory is Lev Iosifovich Petrazhitsky, a Russian jurist (1867-1931).

Objectively, in the field of law, there are only mental experiences associated with the representation of one person enjoying some right to demand the fulfillment of certain duties that lie on another person. However, there is a difference between official and unofficial law. Official - established by the state and supported by it, unofficial - deprived of this, but still acting as a law. Thus, in psychological theory, along with written laws, i.e. along with the really existing system of legal norms (prescriptions) established by the state, the mental experiences of people are also recognized as law. This, in essence, means that legal norms can also be created apart from the state, as a result of certain emotions and feelings of a person about the law. Law is considered not as a social phenomenon associated with the state, but as something intuitive, as a phenomenon that exists in the sphere of emotions, individual mental experiences and instincts (including aggressive drives) of a person. Thus, state coercion does not act as an essential feature of law. The personal-psychological attitudes of the individual come to the fore.

Correctly highlighting certain psychological aspects of law, this doctrine, in essence, dissolves law in the individual psyche, makes it identical to legal consciousness, thereby ignoring the real objective nature of law as a complex phenomenon of social life, underestimating law as an objectively developing system of norms, distorting its connection with the economy and the state.

This concept connects the emergence and existence of law with legal experiences, which are based on imperative (binding) and attributive (pretentious) emotions. Petrazhitsky defined law as a set of mental experiences of duty and obligations that have an imperative-attributive character. Imperativeness, in Petrazhitsky's understanding, is an individual's awareness of his duty, duty. Attribution is the awareness of one's right. Petrazhitsky singled out: intuitive law (these are the experiences of individuals that arise without the influence of the prescriptions of laws and customs) and positive law (these are the experiences of individuals that arise under the influence of the prescriptions of laws and established customs). Petrazhitsky highly appreciated the intuitive right: "... this is a very successful adaptive reaction that allowed human society to survive." Positive law: "... subject to developmental delays, lagging behind the real spiritual, economic and other life" Piterskaya A.L. Theory of state and law: textbook. - M.: MGIU, 2009. S. 61.

The main ideas of this doctrine are:

• 1) the psyche of people - a factor that determines the development of society, including its morality, law, state;
• 2) the concept and essence of law are derived not from the activities of the legislator, but primarily from psychological patterns - the legal emotions of people that are imperative-attributive in nature, i.e. represent experiences of a feeling associated with the right to do something (attributive norm), and a feeling of obligation to do something (imperative norm);
• 3) all legal experiences are divided into two types of law - positive (coming from the state) and intuitive (personal, autonomous). The latter may not be related to the former. Intuitive law, in contrast to positive law, acts as a genuine regulator of people's behavior and therefore should be considered as a "real" law. Thus, experiences of gambling debt, children's experiences of their duties in the game, etc., which respectively form "gambling law", "children's law", etc., are considered a kind of intuitive right experiences. Melekhin A.V. Theory of State and Law: Textbook. - M.: Market DS, 2007. S. 126

Psychological theory draws attention to psychological moments and their role in the process of functioning of law, along with economic, political, etc., focuses on the role of legal consciousness in legal regulation and in the legal system of society.

However, representatives of this theory exaggerated the role of psychological factors in the legal sphere to the detriment of others (socio-economic, political, cultural, etc.), on which the nature of law primarily depends. Due to the fact that "genuine" (intuitive) law is practically divorced from the state and does not have a formally defined character, this approach lacks clear criteria of lawful and unlawful, legal and illegal.

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The purpose of the abstract is to reflect the essence of the psychological theory of the origin of the state and law.

The objectives of the abstract are to study, evaluate and identify the advantages and disadvantages of the psychological theory of the origin of the state.

The properties of the human psyche have a tangible impact on the emergence, development and functioning of the state and law. All social phenomena are resolved on the basis of the psychological acts of people, and outside of them there is nothing social. In this regard, psychological theory explains many issues of social life that escape the attention of economic, contractual, organic and other theories.

Introduction

General characteristics of the psychological theory of the origin of the state and law

Advantages and disadvantages of psychological theory

Conclusion

Bibliographic list

Introduction

The question of the origin and essence of the state occupies one of the central places in the science of the political organization of society. A correct understanding of how, for what reasons the state arose, what its nature, essence, purpose is an indispensable condition for the correct solution of many topical issues of current politics.

Even in ancient times, people began to think about the causes and ways of the emergence of the state and law. A variety of theories have been created, answering such questions in different ways. The plurality of theories is explained by the different historical and social conditions in which their authors lived, the variety of ideological and philosophical positions they occupied.

The world has always existed and there are many different theories that explain the process of emergence and development of the state and law. This is quite natural and understandable, because each of them reflects different views and judgments of various groups, strata, nations and other social communities on this process, or - the views and judgments of the same social community on different aspects of this process of the emergence and development of the state and law, this is the relevance of studying theories of the origin of the state and law.

The aim of the work is to study the essence of the psychological theory of the origin of the state, its advantages and disadvantages.

Tasks set:

b study of psychological theory;

l evaluation and identification of the advantages and disadvantages of this theory;

- acquaintance with the main representatives of psychological theory.

General characteristics of the psychological theory of the origin of the state and law

psychological state justice

The psychological theory of the origin of the state and law claims that the state was formed as a result of the division of society along psychological lines: some are only able to obey and imitate, others can manage.

The main essence of psychological theory is that a person has a psychological need to live within an organized community, as well as a sense of collective interaction. The human psyche, its impulses and emotions play a major role not only in adapting a person to changing conditions, but also in the formation of the state and law.

Still, people are not equal in their psychological qualities, and as in physical strength, psychological qualities are also different. Some people tend to subordinate their actions to authority. Others have a need to copy. The consciousness of dependence on the elite of primitive society, the understanding of the justice of certain options for actions and relationships, and so on brings peace to their soul and gives a state of stability, confidence in their behavior. Some are distinguished by the desire to dispose of and subordinate others to their will. It is they who become leaders in society, and then representatives of public authorities, employees of the state apparatus.

The emergence of psychological theory was, to a certain extent, a major breakthrough in legal science. This became possible only at the end of the 19th century, when psychology began to form as an independent branch of knowledge. The interest of social scientists in the problems of psychological science increased markedly when experimental methods of research prevailed in it and large schools began to take shape, diverging in the interpretation of the psyche. The ideas of these schools accepted by sociologists and lawyers laid the foundation for the development of new trends in legal science.

On the basis of psychological qualities, psychological subordination between people and a social “pyramid” are established, a kind of which is the state. Strong willpower makes people natural leaders. It is these people, as a rule, who become at the "helm" of the tribe, the union of tribes, and then the state.

Supporters of the psychological theory of the origin of the state and law L.I.Petrazhitsky, Z.Freud, D. Fraser, N.M. Korkunov, M.M. Kovalevsky, G.Tard find society and the state as the sum of mental interactions of people and their various associations. Speaking about the natural needs of society in an established organization, representatives of the psychological theory believe that society and the state are a consequence of the psychological laws of human development. In reality, it is hardly possible to explain the causes of the emergence and functioning of the state only from a psychological point of view. All social phenomena are resolved on the basis of people's mental acts, and outside of them there is nothing social. In this sense, psychological theory explains many issues of social life that escape the attention of economic, contractual, and organic theories. An attempt to reduce all social life to the psychological interaction of people, to explain the life of society and the state by the general laws of psychology, is the same exaggeration as all other ideas about society and the state, since the state is an extremely multifaceted phenomenon.

The main representative of the psychological theory is L.I. Petrazhitsky. According to Petrazhitsky, the psyche of people is a factor that determines the development of society, including morality, law, and the state. There are 2 rights:

Positive (established by the state)

Intuitive (personal)

Based on the observation that people, having no idea about the laws, do not violate them. He concluded that intuitive law is more important than positive law, because if the state adopts laws that do not meet intuitive law, the worse for the laws, and if the state adopts laws in accordance with intuitive law, they will be implemented, but then the role of the state is low.

Z. Freud considered the nature of social ties and conflicts, power, law, justice, war through the prism of the psychological properties of a person.

N.M. Korkunov argued that "the state is a target unity of individuals, endowed with the qualities of a legal entity, having the will and being the bearer of law", that state power is a force based on people's consciousness of their dependence on the state, describes state power as a phenomenon determined not by the will of the ruling subject , but the consciousness of the dependence of the subject.

Advantages and disadvantages of psychological theory

The psychological factor of the origin of the state made it possible to move away from the economic determinism that prevailed at that time, expanded the theoretical base in explaining the process of the emergence and formation of the state. The emergence of the theory is associated with the separation of psychology into an independent branch of knowledge. Scientific research in the field of psychology has influenced the formation of new areas of legal science. Legal science has expanded the boundaries of scientific understanding of legal and state processes from the moment of applying the data of psychology. Obviously, the features of the psychological development of the human personality show an impact on all social institutions and this impact cannot be ignored.

An organized society is the natural (and only possible) environment for its life activity. Psychologically, people differ from each other. Some tend to subordinate their actions to authority, others command and subordinate others to their will. It is the latter who become leaders in society, and then representatives of public authorities, employees of the state apparatus.

Certain properties of the human psyche have a tangible impact on the emergence, development and functioning of the state and law. All social phenomena are resolved on the basis of the psychological acts of people, and outside of them there is nothing social. In this regard, psychological theory explains many issues of social life that escape the attention of economic, contractual, organic and other theories.

It should be noted that all social and political phenomena are associated with the psychological aspects of human development, are resolved on the basis of people's mental acts, and there is nothing social in them. These are the undoubted advantages of psychological theory.

The role of the psychological properties of the individual (irrational principles) should not be exaggerated in the process of the origin of the state. They do not always act as decisive causes and should be considered only as separate moments of state formation. It must be taken into account that the human psyche itself, the mental and psychological qualities of people are largely formed under the influence of relevant socio-economic, military-political, religious and other external conditions and factors.

A sense of solidarity is a controversial concept, since people are constantly at war with each other, this factor cannot be considered fundamental to human development.

Psychological theory, although it leads us away from the economic factor in the development of the state, makes the same mistake. It absolutizes the psychological approach to the origin of the state. Before people can realize the need to create a state, their psyche must be formed, i.e. be influenced by internal (self-consciousness) and external (economic, political, etc.) objective factors that this theory does not take into account.

This is where the shortcomings of this theory lie.

Conclusion

The human psyche is revealed in this theory as a special mechanism capable of developing self-consciousness in a person, capable of creating a complex structure like a law, a state. Society and the state are a consequence of the psychological patterns of human development.

The essence of psychological theory lies in the fact that the psychological aspects of human development serve as necessary prerequisites for the emergence of the state.

Social patterns are realized through human behavior, activity, so the properties of the human psyche has a certain impact on the implementation of these patterns.

Society and the state is the sum of the psychological interaction of people and their various associations.

Bibliographic list

1. Malko A.V. Theory of State and Law: Textbook. - M.: Jurist, 2001.

2. Kashanina T.V. Origin of state and law. Modern interpretations and new approaches - M., 1999.

3. Koryakova L.N. Theory of State and Law - M., 2002.

4. Theory of State and Law: A course of lectures in 2 volumes. Ed. M.N. Marchenko - M.: Law College of Moscow State University, 2000.

The psychological theory of the origin of the state arose in the middle of the 19th century. It became widespread at the end of the 19th - the first half of the 20th century. Its most prominent representative is the Russian statesman and jurist L. Petrazhitsky (1867 - 1931).

Its supporters define society and the state as the sum of the mental interactions of people and their various associations. The essence of this theory is the assertion of the psychological need of a person to live within an organized community, as well as the feeling of the need for collective interaction. Speaking about the natural needs of society in a certain organization, representatives of the psychological theory believe that society and the state are a consequence of the psychological laws of human development.

In reality, it is hardly possible to explain the causes of the emergence and functioning of the state only from a psychological point of view. It is clear that all social phenomena are resolved on the basis of people's mental acts, and outside of them there is nothing social. In this sense, psychological theory explains many issues of social life that escape the attention of economic, contractual, and organic theories. However, the attempt to reduce all social life to the psychological interaction of people, to explain the life of society and the state by the general laws of psychology, is the same exaggeration as all other ideas about society and the state.

The state is an extremely multifaceted phenomenon. The reasons for its occurrence are explained by many objective factors: biological, psychological, economic, social, religious, national and others. Their general scientific understanding is hardly possible within the framework of any one universal theory, although such attempts have been made in the history of human thought, and quite successfully (Plato, Aristotle, Montesquieu, Rousseau, Kant, Hegel, Marquet, Plekhanov, Berdlyaev).

The essence of psychological theory lies in the fact that it tries to explain the emergence of state-legal phenomena and power by special psychological experiences and needs of people.

What are these experiences and needs? This is the need for dominance in some and the need for subjugation in others. This is an awareness of the need for the need for obedience, obedience to certain individuals in society. The need to follow their directions.

The psychological theory of state and law considered the people as a passive inert mass seeking submission.

In his works on the theory of state and law, Petrazhitsky divides law into autonomous (or intuitive) and positive (heteronomous). Autonomous law forms experiences that are fulfilled at the call of the inner “voice” of conscience. A positive legal representation takes place when it is based on someone else's authority, on an external normative act.

According to Petrazhitsky, law performs distributive and organizational social functions. The content of the distributive function is expressed in the fact that the legal psyche endows citizens with material and ideal benefits: personal inviolability, freedom of conscience, freedom of speech, and others. The organizational function of law is to empower subjects with powers.

Despite the well-known theoretical complexity and “isolation” on the psychological side of the legal phenomena of social life, many of the fundamental provisions of the theory of Petrazhitsky, including the conceptual apparatus created by him, are accepted and quite widely used by the modern theory of state and law.

But, as they say, psychological theory is not without sin.

First, pointing to the role of psychological qualities in the process of state formation, representatives of psychological theory from the standpoint of the development of psychological science at that time could not give a detailed doctrine of the role of the psyche in state formation. Calling all the psychological qualities of people "impulses", "emotions" and "experiences", they did not see the difference between them. Meanwhile, the psyche of people is divided into emotional, volitional, mental spheres. In relationships between people, volitional qualities are very important. On their basis, psychological subordination between people and a social “pyramid” are established, a kind of which is the state. Strong willpower makes people natural leaders. It is these people, as a rule, who become at the "helm" of the tribe, the union of tribes, and then the state.

Secondly, speaking of psychological qualities, supporters of psychological theory emphasize that the desire for solidarity is inherent in people almost from birth. But what do we really see? Since the beginning of their existence on earth, people have been constantly at war with each other, and war in ancient times was the rule, not the exception. It turned out to be not entirely within the power of even contemporaries to curb it. Recall that in the center of the European continent, where the most developed countries are located, the war in Yugoslavia raged for about 5 years and it was difficult to stop it. So is a sense of solidarity a fundamental factor in human development?

Thirdly, while welcoming the desire of the authors of psychological theory to moderate economic determinism, it should be noted that they go to the other extreme: they attach decisive importance to psychological factors in the process of state formation, i.e. essentially make the same mistake. Of course, psychological factors do not have a decisive influence on this process, but discounting them is an even worse mistake than underestimating them.

And, finally, it should be pointed out that the mental and psychological qualities of people are formed under the influence of economic, political, social, military, religious, and spiritual factors.

It should also be noted that the attempts of its supporters to find a universal reason that explains the process of state formation deserve a positive assessment. However, it appears that they have not completed this task.

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4. Theory of Violence

5. Psychological theory of the origin of the state
6. Marxist theory of the origin of the state
7. Conclusion
8. List of used literature

Introduction

The study of the origin of the state and law is not only purely cognitive, academic, but also political and practical in nature. It allows a deeper understanding of the social nature of the state and law, their features and traits; makes it possible to analyze the causes and conditions of their occurrence and development; allows you to more clearly define their characteristic functions - the main directions of their activities, more accurately establish their place and role in the life of society and in the political system.
Among theorists of state and law, there is not only no unity, but even a commonality of views regarding the process of the origin of state and law. In the world, there have always been many different theories explaining the process of the emergence and development of the state. This is quite natural and understandable. For each of them reflects either the different views of various groups, strata, classes, nations and other social communities on this process, or the views and judgments of the same social community on various aspects of this process of the emergence and development of the state. These views and judgments have always been based on various economic, financial, political and other interests.
During the existence of legal, philosophical and political science, dozens of various theories and doctrines have been created. Hundreds, if not thousands, of the most varied assumptions have been made. At the same time, disputes about the nature of the state and law, the causes, origins and conditions of their occurrence continue to this day.
The reasons for them and the numerous theories generated by them are as follows. Firstly, in the complexity and versatility of the very process of the origin of the state and law and the objectively existing difficulties of its adequate perception. Secondly, in the inevitability of a different subjective perception of this process by researchers, due to their non-coincident, and sometimes conflicting economic, political and other views and interests. Thirdly, in a deliberate distortion of the process of the initial or subsequent (on the basis of a pre-existing state) emergence of a state-legal system due to opportunistic or other considerations. And, fourthly, in a deliberate or unintentional confusion in a number of cases of the process of the emergence of the state and law with other processes related to it.
Thus, the relevance of the topic of my course work chosen by me is due to the fact that it is impossible to understand the processes taking place in a particular state if you do not know how it was historically formed. The aim of the work is to study the main theories of the origin of the state. Accordingly, the tasks set in this paper are a detailed consideration of the main theories of the origin of the state, the advantages and disadvantages of the theories, representatives of the theories put forward.

Theological theory of the origin of the state

(became widespread in the Middle Ages in the writings of F. Aquinas)
The most prominent representative of theological theory
THOMAS AQINA (1225 or 1226-1274)
Philosopher and theologian, systematizer of scholasticism on the basis of Christian Aristotelianism; Dominican. Formulated five proofs of the existence of God. The first draws a clear line between faith and knowledge. Major works: "The sum of theology", "Sum against the pagans". The teachings of Thomas Aquinas underlie Thomism and Neo-Thomism.
Thomas was born in Italy. He was born at the end of 1225 or at the beginning of 1226 in the castle of Roccasecca, near Aquino (hence Aquinatus), in the kingdom of Naples. The father of Thomas and seven other sons, Count Landolph, who was related to the Hohenstaufens, was a feudal lord and, as a knight, who belonged to the close circle of Frederick II, took part in the destruction of the famous Benedictine monastery in
Monte Cassino Thomas' mother, Theodora, came from a wealthy Neapolitan family. Foma from early childhood had an incomprehensible aversion to knightly amusements. He was a quiet, fat, serious boy, and extremely silent, but if he opened his mouth, he directly asked the teacher. "And what is God?" We do not know what the teacher answered, most likely, the boy was looking for an answer himself. Of course, such a person was only suitable for the church, especially for the monastery.
Theological theory
Theological is quite multifaceted, which, undoubtedly, is explained by the special historical and material conditions for the existence of various states of the Ancient East and the Ancient West.
Ancient Greek concept. According to Plato, the state appeared in the era of Zeus and the Olympian gods. They divided among themselves by lot all the countries of the earth. At the same time, Attica (the territory of ancient Athens) went to Athena and Hephaestus, and the island of Atlantis - to Poseidon. Athena and Hephaestus populated Attica with noble men and put into their minds the concept of a democratic state system. Poseidon established a state on Atlantis in the form of hereditary royal rule, fixing the foundations in the laws. Thus, Plato believed that in order to organize the correct forms of earthly life, it is necessary to imitate the mythical cosmic-divine prototypes (philosophically speaking, the idea) of ruling people as much as possible. First of all, the structure of Athens (where philosophers rule), secondly, the structure of Atlantis (where laws rule).
Ancient Chinese concept. God Indra established the general cosmic and earthly order, his law and custom, traditions (ritu). He also maintains this order.
Ancient Chinese concept. By the will of the divine sky, order, organization of power, rules of conduct, etc. appeared in the Celestial Empire. The emperor (the bearer of power) is the son of heaven.
According to representatives of the theological theory, the state is a product of divine will, due to which state power is eternal and unshakable, dependent mainly on religious organizations and figures, therefore everyone is obliged to obey the sovereign in everything. The existing socio-economic and legal inequality of people is predetermined by the same divine will, with which it is necessary to reconcile and not resist the successor of the power of God on earth. Therefore, disobedience to state power can be regarded as disobedience to the Almighty.
Giving the state and sovereigns (as representatives and spokesmen of divine decrees) an aura of holiness, the ideologists of this theory raised their prestige, contributed to the establishment of order, harmony, and spirituality in society. Particular attention is paid here to the "mediators" between God and state power - the church and religious organizations.
Among the ancient peoples, political and legal thought goes back to mythological sources and develops the idea that earthly orders are part of the global, cosmic, divine origin. In line with this understanding, the topics of people's lives, the social and state system, their relationships with each other, rights and obligations are covered in myths.
Advantages of this theory - contributes to the strengthening of civil harmony in society, strengthening spirituality
- prevents violence, revolutions and civil wars, redistribution of power and property.
Disadvantages - this doctrine diminishes the influence of socio-economic and other relations on the state and does not allow determining how to improve the form of the state, how to improve the state structure. In addition, theological theory is in principle unprovable, because it is built mainly on faith.

Patriarchal theory of the origin of the state

(The patriarchal theory of the origin of the state and law originates in ancient Greece. Aristotle, the ancient Greek philosopher and teacher, as well as Plato, is considered its founder)
The most prominent representatives of the Patriarchal theory
Plato (430-348 BC) - the great Greek philosopher, the founder of the idealistic direction in philosophy. Born in Athens and belonged to a rich and noble family. As a faithful student of Socrates, Plato paid particular attention to ethical issues and devoted an entire book "The State" to the question of the ideal structure of society.
Aristotle (384 BC - October 2, 322 BC) was an ancient Greek philosopher. Plato's student. From 343 BC e. - teacher of Alexander the Great. In 335/4 BC. e. founded Lyceum. Naturalist of the classical period. The most influential of the dialecticians of antiquity; founder of formal logic. He created a conceptual apparatus that still permeates the philosophical lexicon and the very style of scientific thinking.
Confucius (ca. 551 - died 479 BC) ancient thinker and philosopher of China. His teachings had a profound impact on the life of China and East Asia, becoming the basis of the philosophical system known as Confucianism. Already at the age of a little over 20 years, he became famous as the first professional teacher in the Middle Kingdom.
Mikhailovsky Nikolai Konstantinovich (1842-1904) - publicist and critic, the most prominent theorist of Russian populism, according to Lenin's definition - "one of the best representatives of the views of Russian bourgeois democracy in the last third of the last century"
Filmer Sir Robert - (1588–1653) English political thinker who defended the patriarchal idea against consensual doctrines. Filmer's work "On the Patriarch" during his lifetime went around the hands of acquaintances in manuscript and was published only after his death in 1680.
Patriarchal theory of the origin of the state
The meaning of the patriarchal theory is that the state consists of a family growing from generation to generation. The head of this family becomes the head of state - the monarch. His power is thus a continuation of the power of his father, and the monarch is the father of all his subjects. From the patriarchal theory follows the conclusion that it is necessary for all people to submit to state power.
The state, according to Aristotle, is not only a product of natural development, but also the highest form of human communication. It covers all other forms of communication (family, villages). The political nature of man also finds its completion in the state. Aristotle, for example, proceeded from the fact that people, as collective beings, strive for communication and the formation of families, and the development of families leads to the formation of a state. Aristotle interpreted the state as a product of the reproduction of families, their settlement and association. According to Aristotle, state power is the continuation and development of paternal power. He identified state power with the patriarchal power of the head of the family.
In China, this theory was developed by Confucius (551 - 479 BC). He viewed the state as a big family. The power of the emperor was likened to the power of the father, and the relations between the ruling and subjects were like family relations, where the younger ones depend on the elders and must be devoted to the rulers, respectful and obey the elders in everything. The rulers must take care of their subjects, as is customary in the family.
R. Filmer, an English political writer, was a supporter of the patriarchal theory. Filmer, a supporter of unlimited royal power, tried, based on the Bible, to prove that Adam, who, in his opinion, received power from God, then transferred this power to his eldest son, the patriarch, and he already to his descendants, the kings. Filmer's The Patriarch was the most exotic work that expressed the ideas of patriarchal theory. Already Filmer's contemporaries drew attention to the absurdity of many of its provisions. For example, it followed from Filmer's theory that there should have been as many monarchs as there were fathers of families, or there should have been one monarchy in the world. Naturally, this historically has never happened, and could not be. However, many other lawyers and sociologists looked more deeply into the role of the family in the emergence of the state, as well as other social institutions. In Russia, the Russian sociologist N.K. Mikhailovsky (1842 - 1904).
The positive thing about the patriarchal theory was that its supporters, in particular N. Mikhailovsky, called for the elimination of everything immoral, harmful, unreasonable in relation to a person from life. And this is possible only in a society that is built according to the type of family relations.
The creators of this theory focused on Ancient Greece. The process of creating a state in Ancient Greece was different. On the hilly land of Greece, cereals grew poorly, but small cattle could be raised. When the population increased, it was necessary to think about a new source of food. People turned their attention to the sea. They took food from him. But most importantly, the sea made it possible to enter into relations with Egypt and Western Asia, to exchange available products with the people who inhabited them. It was very important to effectively organize our production and skillfully build relationships with neighbors in the region. This was done by the elders, the heads of the councils of elders, then the leaders, who, as the population increased, became kings. That is why in this region of the Earth the process of creating a state went, as it were, according to the patriarchal type, i.e. according to the type of expansion of a consanguineous family, and the king already became the “father” (patriarch) of the whole people.
Ancient Italy was somewhat different from Ancient Greece. The main part of its territory is made up of mountains covered with forests. Its climate is damper and cooler. There is little land suitable for agriculture. The sea in Italy is not as friendly as in Greece (in the east it is too stormy, its shores are impregnable, in the west there are also few convenient bays). Therefore, the Latins (Romans) were a people in which the role of the elders was initially great. But soon (probably with an increase in population and a shortage of food), when it was necessary to seize new lands, leaders began to run the life. However, in ancient Rome, the influence of the "fathers" of large families remained significant in the future.
Being the original form of organized communication, the family naturally grows and then divides. But since people have a natural need for communication, and also under the influence of economic conditions, families united by a legend about a common origin unite into tribes, unions of tribes, nationalities, already united by a common historical past. In this series of social transformations, the moment of transition to state education is when the feeling of consanguinity is lost and power is created, devoid of a family basis. Proper state power is a gradual transformation of the power of the father, passing into the power of the sovereign, the power of the monarch.
The advantages of the patriarchal theory include the fact that it:
- contributes to the cohesion of society; respect, veneration of state power;
- cultivates the spirit of kinship, brotherhood, interconnectedness of members of society (as family members).
The disadvantage of the theory is the direct identification of the state and the family, the power of the monarch and the father. This is contradicted by the following facts:
- there are real family ties in the family, while it is hardly correct to declare the whole people (despite the presence of a certain community) as relatives;
- the monarch is a representative of public authority, separated from the people, and his power has a different basis than the power of the father in the family (the father is indeed the founder of the family, the monarch, if the founder, then the state, not the people; the monarch is not a relative of the vast majority of the population; often the monarch is called from another state and has no consanguinity with the ruled state at all; the power of the father is informal and direct, the power of the monarch is highly formalized, accompanied by ceremonial, carried out indirectly, through officials, sometimes supported by laws, charters, relies on the apparatus of coercion);
- It is hardly possible to consider the state as a direct continuation of the family also because both of these institutions were born gradually and almost at the same time in the process of decomposition of the primitive communal system.

Contractual theory of the origin of the state

(developed in the 17th-18th centuries in the works of G. Grotius, J. J. Rousseau, A. N. Radishchev, etc.)
The most prominent representatives of the contract theory
Hugo Grotius (Apr. 10, 1583 – Aug. 28, 1645) statesman, philosopher, studied the philosophy of law. Created a new theory of natural and popular law; demanded tolerance towards all positive religions, but intolerance towards all those who denied the existence of God and immortality. According to Grotius, in law the intention of God coincides with human rational understanding; the value of an act is determined by an internal attitude and conviction.
Jean-Jacques Rousseau (June 28, 1712 - July 2, 1778) was a French writer and thinker. He developed a direct form of government of the people by the state - direct democracy, which is used to this day, for example in Switzerland. Also amateur musicologist, composer and botanist.
John Locke (August 29, 1632 - October 28, 1704) was a British educator and philosopher, a representative of empiricism and liberalism. He is widely recognized as one of the most influential Enlightenment thinkers and liberal theorists. Locke's letters influenced Voltaire and Rousseau, many Scottish Enlightenment thinkers and American revolutionaries. His influence is also reflected in the American Declaration of Independence.
Thomas Hobbes (April 5, 1588 - December 4, 1679) was an English materialist philosopher, one of the founders of the social contract theory and the theory of state sovereignty. Known for ideas that have gained currency in disciplines such as ethics, theology, physics, geometry, and history.
Alexander Nikolaevich Radishchev (August 20, 1749 - September 12, 1802) - Russian writer, philosopher, poet, de facto head of the St. Petersburg customs, member of the Commission for drafting laws under Alexander I.
The contractual theory of the origin of the state (Social contract).
A significant theory of the origin of the state is the contractual theory, which became widespread in the 17th-18th centuries. In Holland in the 17th century, the supporters of this theory were Hugo Grotius and Spinoza, in England - Locke and Hobbes, in France in the 18th century - Rousseau.
In Russia, the representative of the contractual theory was the revolutionary democrat A.N. Radishchev (1749-1802), who argued that state power belongs to the people, transferred to the monarch and should be under the control of the people. People, entering the state, only limit, and do not at all lose their natural freedom. From this he deduced the right of the people to revolt and the revolutionary overthrow of the monarch, if he allows abuse of power and arbitrariness.
In contract theory, the state emerges as a product of conscious creativity, as a result of an agreement entered into by people who were previously in a “natural”, primitive state. The state is a conscious association of people on the basis of an agreement between them, by virtue of which they transfer part of their freedom, their power to the state.
The social contract that creates the state was understood as an agreement between previously isolated individuals to unite, to form a state, turning an unorganized multitude of people into a single people. But this is not an agreement-deal with the future holder of power, but an agreement that has a constitutive (establishing) character, creating a civil society and a state entity - a political organization - the state.
Contractual theory has been used for various purposes. Rousseau, Radishchev substantiated the principles of democracy, people's sovereignty, since initially the power belonged to the people united in the state and could be taken away by them from an unscrupulous, incompetent ruler, who thus had only a power derived from the people. Hobbes, on the contrary, argued that as soon as power is voluntarily transferred to the ruler, for example, to the prince, then he - the prince - from now on has unlimited powers. Locke justified the constitutional monarchy, since the social contract, in his opinion, was a certain compromise between the people and the ruler, a certain restriction on the freedom of both the people and the monarch.





- theory, democratic in its essence, paved the way for the emergence of republics - as an alternative to the reactionary monarchies of the 17th - 18th centuries;
- according to the theory, the state and the people have mutual obligations - the people comply with the laws, pay taxes, perform military and other duties; the state regulates relations between people, punishes criminals, creates conditions for the life and activities of people, protects from external danger;
- if the state violates its obligations, the people can break the social contract and find other rulers; the right of the people to revolt, progressive for that time, was justified, in modern terms - the right to change the government if it ceased to express the interests of the people.

- "social contract" - rather an ideal than reality; often states arose in other ways - by wars, violence and in the presence of other conditions;

Society is perceived as one-dimensional, as a whole, while in reality it is divided into various groups - classes, estates, strata, communities, as a rule, having different interests and hostile to each other.

Theory of Violence

(it arose and became widespread at the end of the 19th - beginning of the 20th centuries. Its founders were L. Gumplovich, K. Kautsky, E. Dühring, etc.)

The most prominent representatives of the theory of Violence
Ludwig Gumplowicz (March 9, 1838 - August 19, 1909) was a Polish sociologist, economist and lawyer of Jewish origin. Professor at the University of Graz, representative of social Darwinism. He expressed original views on the main issues of state science, which in his teaching merges with sociology.
Karl Kautsky (October 16, 1854 - October 17, 1938) was a German economist, historian and publicist. Theorist of classical Marxism, editor of the fourth volume of "Capital" by K. Marx. One of the leaders and theorists of German. 2nd International.
Eugene Dühring (January 12, 1833 - September 21, 1921) - German philosopher, professor of mechanics, dealt with political economy and law. Dühring's ideas gained some currency among the German Social Democracy. This prompted Friedrich Engels to subject Dühring's views to critical analysis, which showed their eclectic nature and scientific inconsistency from the point of view of Marxism.

Theory of violence.

The basis of the origin of the state is an act of violence, as a rule, the conquest of one people by another. To consolidate the power of the victor over the conquered people, for violence against them, a state is created.
“History does not present us,” wrote L. Gumplovich at the end of the 19th century, “a single example where the state would arise not with the help of an act of violence, but in some other way. The state has always appeared as a result of the violence of one tribe over another; it was expressed in the conquest and enslavement by a stronger alien tribe of a weaker already settled population.
Thus, supporters of the theory of violence argued that the primitive tribes fought among themselves and the winners turned into the dominant part of society, created the state, used state power to violence against the conquered peoples. The state, according to the representatives of this theory, arose from a force imposed on society from the outside. The class division of society had an ethnic, even racial, origin.
For example, K. Kautsky, who also leaned towards the theory of violence in explaining the origin of the state, believed that both the first classes and the state are formed from tribes during their clashes, during conquests. Moreover, it was argued that, as a rule, nomadic pastoralists conquer peaceful sedentary farmers.
“The tribe of victors,” he wrote in the book “Materialistic Understanding of History,” “subdues the tribe of the vanquished, appropriates all their land and then forces the defeated tribe to systematically work for the victors, pay tribute or taxes to them. In any case of such a conquest, division arises into classes, but not as a result of the division of the community into various subdivisions, but as a result of the union of two communities into one, one of which becomes the ruling class, the other the oppressed and exploited class, while the coercive apparatus, which the victors create to control the vanquished, turns into a state.
Apparently, K. Kautsky also believed that the state is not the result of the internal development of society, but a force imposed on it from outside, that primitive tribal democracy is replaced by a state organization only under external blows.
Indeed, conquests by one people of another took place and were reflected in the socio-ethnic structure of the newly emerging society. However, these were already secondary processes, when the primary, early class states already existed as city-states, when the conquered peoples either had their own organically emerging state formations, or reached in their development a level at which they were ready to accept state-organized forms of social life. In addition, the theory of violence again has a timeless, abstract character, corresponds to the ideas and level of knowledge of the 19th - early 20th centuries.
At the same time, the “conquest” factor in the formation of the state should not be discarded, remembering, however, that history gives many examples of absorption, dissolution by the conquered people of the conquerors, preservation and assimilation by the conquerors of the state forms of the defeated peoples. In a word, the theory of violence does not reveal the essential reasons for the origin of the state, only reveals its individual forms, mainly secondary ones (wars of city-states among themselves, the formation of territorially larger states, individual episodes in the history of mankind, when already existing states were attacked by peoples who did not know still a state organization, and were either destroyed or used by the victors (for example, the attacks of the Germanic tribes on Rome).
What speaks in favor of the theory of violence is that it (violence) is indeed one of the main factors on which the state is based. For example: tax collection; law enforcement; recruitment of the armed forces.
Many other forms of state activity are supported by the coercive power of the state (in other words, violence) in the event that these duties are not performed voluntarily.
Many states were created through violence (for example, overcoming feudal fragmentation in Germany ("with iron and blood" - Bismarck), in France, gathering Russian lands around Moscow (Ivan III, Ivan IV, etc.).
A number of large states were created by conquering and annexing other states: the Roman Empire; Tatar-Mongolian state; Great Britain; USA and others.

The shortcoming of the theory of violence is that violence (with its important role) was not the only factor that influenced the emergence of the state. In order for a state to emerge, a level of economic development of society is needed that would allow the state apparatus to be maintained. If this level is not reached, then no conquests by themselves can lead to the emergence of a state. And in order for the state to appear as a result of the conquest, internal conditions must already have matured by this time, which took place when the German or Hungarian states arose.

The organic theory of the origin of the state (became widespread in the second half of the 19th century in

The most prominent representatives of the organic theory
Herbert Spencer (April 27, 1820 - December 8, 1903) - English philosopher and sociologist, one of the founders of evolutionism, whose ideas were very popular at the end of the 19th century, the founder of the organic school in sociology; ideologue of liberalism. His sociological views are a continuation of the sociological views of Saint-Simon and Comte; Lamarck and K. Baer, ​​Smith and Malthus had a certain influence on the development of the idea of ​​evolution.
Rene Worms (December 08, 1869 - February 12, 1926) - French sociologist and philosopher, founder of the journal "Revue internationale de sociolo-crie" (1893), the International Institute of Sociology (1894). In his work "Organism and Society" (1895), he drew numerous analogies between the structure and functions of human society and a biological organism, believing that societies and individual organisms, as parts of living nature, are subject to general laws of development.

Organic theory of the origin of the state.

Ideas about the state as a kind of similarity of the human body were originally formulated by ancient Greek thinkers. Plato, for example, compared the structure and functions of the state with the capacity and aspects of the human soul. Aristotle believed that the state in many respects resembles a living human organism, and on this basis denied the possibility of the existence of man as an isolated being. Figuratively, he argued his views with the following comparison: just as arms and legs taken away from the human body cannot function independently, so a person cannot exist without the state.
The essence of the organic theory is as follows: society and the state are presented as an organism, and therefore their essence can be understood based on the structure and functions of this organism. Everything unclear in the structure and activity of society and the state can be explained by analogy with the laws of anatomy and physiology.
Organic theory, of which Herbert Spencer is a prominent representative, was formulated in its final form in the 19th century. According to G. Spencer, the state is a kind of social organism, consisting of individuals, just as a living organism consists of cells. An important aspect of this theory is the assertion that the state is formed simultaneously with its constituent parts - people - and will exist as long as human society exists. State power is the dominance of the whole over its constituent parts, expressed in the state ensuring the well-being of its people. If the body is healthy, then its cells function normally. The disease of the body endangers the cells that make it up, and, conversely, diseased cells reduce the efficiency of the functioning of the whole organism.
Such an idea of ​​the state at first glance may seem naive and unscientific. However, there is an essential rational grain in it, to which our science may have to return. Spencer's statement that the theory of the state will become scientific only if its methodology and concepts of the natural sciences are accepted is not without objective meaning.
First, the laws of social life are predetermined by natural laws. Man becomes a social being, being already a biologically formed individual with will and consciousness. Initially, he was the creator of nature, then a member of society, and then a citizen of the state. It is clear that the disappearance of man as a biological species will simultaneously mean the death of both society and the state. Consequently, in social life, the harmony of natural and social laws of human development is necessary.
Secondly, the organic theory quite clearly introduces a system feature into the concept of society and the state. The overwhelming majority of its supporters believe that society and its state organization is a complex system consisting of interacting and interdependent elements.
Thirdly, organic theory substantiates (Spencer) the differentiation and integration of social life. One of its important provisions is that the division of labor leads to the differentiation of society. On the other hand, integration unites people into a state through which they can satisfy and protect their interests.
The social contract theory was of great progressive importance:
- theological and patriarchal ideas about the emergence of the state were destroyed, and with them the ideals of holiness and infallibility of power, complete subordination to it, the lack of the people's ability to influence power;
- a step has been taken towards the creation of a civil society;
- the principle of popular sovereignty has actually been put forward ~ power is derived from the people and belongs to the people;
- state structures, power do not exist on their own, but should express the interests of the people, be in his service;
- theory, democratic in its essence, paved the way for the emergence of republics - as an alternative to the reactionary monarchies of the 17th - 18th centuries;
- according to the theory, the state and the people have mutual obligations - the people comply with the laws, pay taxes, perform military and other duties; the state regulates relations between people, punishes criminals, creates conditions for the life and activities of people, protects from external danger;
- if the state violates its obligations, the people can break the social contract and find other rulers; the right of the people to revolt, progressive for that time, was justified, in modern terms - the right to change the government if it ceased to express the interests of the people.
A significant drawback of this theory is its idealism:
- "social contract" - rather an ideal than reality; often states arose in other ways - by wars, violence and in the presence of other conditions;
- not a single state arose on the basis of an agreement between citizens (subjects) and rulers;
- in itself, a social contract between all members of society is unlikely due to differences in interests and too many residents of the state who are physically unable to know and take into account the interests of each other;
- society is perceived as one-dimensional, as a whole, while in reality it is divided into different groups - classes, estates, strata, communities, as a rule, having different interests and hostile to each other.

Psychological theory of the origin of the state.

(The founder is considered to be the Polish-Russian lawyer and sociologist L. I. Petrazhitsky. This theory was also developed by 3. Freud and G. Tarde.)
The most prominent representatives of psychological theory.
Lev Iosifovich Petrazhitsky (April 13, 1867 – May 15, 1931) was a sociologist and philosopher of law. Founder and prominent representative of the psychological school of law. According to his theory, psychological emotions not only certify power, but also create phenomena of power. Petrazhitsky's ideas have had a great influence on contemporary American sociology of law.
Sigmund Freud (June 05, 1856 - September 23, 1939) was an Austrian psychologist, psychiatrist and neuropathologist, the founder of psychoanalysis. He developed the theory of the psychosexual development of the individual, in the formation of character and his pathology he assigned the main role to the experiences of early childhood. Initially, he conducted research on the anatomy and physiology of the nervous system. Since the 80s nineteenth century worked in the field of practical medicine.

Psychological theory

Among the most famous representatives of psychological theory, one can single out L.I. Petrazhitsky, G. Tarda, 3. Freud and others. They associated the emergence of statehood with the special properties of the human psyche: people's need for power over other people, the desire to obey, imitate.
The reasons for the origin of the state lie in those abilities that primitive man attributed to tribal leaders, priests, shamans, sorcerers, etc. Their magical power, psychic energy (they made hunting successful, fought diseases, predicted events, etc.) created conditions for the dependence of the consciousness of members of primitive society on the above-named elite. It is from the power attributed to this elite that state power arises.
At the same time, there are always people who do not agree with the authorities, who show certain aggressive aspirations and instincts. To keep in check such mental principles of the personality, the state arises.
Consequently, the state is necessary both to satisfy the needs of the majority in submission, obedience, obedience to certain individuals in society, and to suppress the aggressive drives of some individuals. Hence the nature of the state is psychological, rooted in the laws of human consciousness. The state, according to representatives of this theory, is a product of resolving psychological contradictions between initiative (active) individuals capable of making responsible decisions, and a passive mass, capable only of imitative actions that carry out these decisions.
Undoubtedly, the psychological patterns by which human activity is carried out is an important factor influencing all social institutions, and they should by no means be ignored. To see this, we can cite the problem of charisma as an example. The word "charisma" is translated as "gift of God's grace." It is possessed by a person endowed with supernatural, superhuman, or at least especially exceptional abilities or qualities (heroes, prophets, leaders, etc.).
However, the role of the psychological properties of the individual (irrational principles) in the process of the origin of the state should not be exaggerated. They do not always act as decisive causes and should be considered precisely as moments of state formation, because the human psyche itself is formed under the influence of relevant socio-economic, military-political and other external conditions.
Advantages of the psychological theory: it is partly fair. The desire for communication, dominance, submission is really characteristic of the human psyche and could well have an impact on the process of state formation.
Disadvantages of the psychological theory: this theory does not take into account other factors due to which the state arose - social, economic, political, etc.
Materialistic theory of the origin of the state
(The emergence of Marxist (class, economic) theory is associated with the names of L. Morgan, K. Marx and F. Engels)
The most prominent representatives of Marxist theory.
Lewis Henry Morgan (November 21, 1818 - December 17, 1881) - an outstanding American scientist, ethnographer, sociologist, historian. He made a major contribution to the theory of social evolution, the science of kinship, and the family. Creator of the scientific theory of primitive society, one of the founders of evolutionism in the social sciences.
Karl Heinrich Marx (May 5, 1818 - March 14, 1883) was a German philosopher, sociologist, economist, writer, political journalist, and public figure. His works formed dialectical and historical materialism in philosophy, the theory of surplus value in economics, and the theory of class struggle in politics. These directions became the basis of the communist and socialist movement and ideology, having received the name "Marxism". Author of such works as "Manifesto of the Communist Party" (first published in 1848), "Capital" (first published in 1867). Some of his works were written in collaboration with like-minded Friedrich Engels.
Friedrich Engels (November 28, 1820 - August 5, 1895) was a German philosopher, one of the founders of Marxism, a friend, associate and co-author of the works of Karl Marx.
Vladimir Ilyich Ulyanov (April 22, 1870 - January 21, 1924) pseudonym Lenin - Russian and Soviet political and statesman of world scale, revolutionary, founder of the Russian Social Democratic Labor Party (Bolsheviks), chairman of the Council of People's Commissars (government) of the RSFSR, creator of the first in the world history of the socialist state. Marxist, publicist, founder of Marxism-Leninism, ideologist and creator of the Third (Communist) International, founder of the USSR.

materialist theory

The representatives of this theory of the origin of the state usually include Marx, Engels, Lenin. They explained the emergence of statehood primarily by socio-economic reasons.
Of paramount importance for the development of the economy, and consequently for the emergence of statehood, were three major divisions of labor (cattle breeding and handicrafts separated from agriculture, a class of people engaged only in exchange became isolated). Such a division of labor and the improvement of the instruments of labor associated with it gave impetus to the growth of its productivity. A surplus product arose, which ultimately led to the emergence of private property, as a result of which society split into possessing and non-possessing classes, into exploiters and exploited.
The most important consequence of the emergence of private property is the allocation of public power, which no longer coincides with society and does not express the interests of all its members. The power role passes to the rich people, who turn into the category of managers. They create a new political structure to protect their economic interests - the state, which primarily serves as an instrument for carrying out the will of the possessors.
Thus, the state arose mainly in order to preserve and support the domination of one class over another, as well as to ensure the existence and functioning of society as an integral organism.
In this theory, the fascination with economic determinism and class antagonisms is very noticeable, while at the same time underestimating the national religious, psychological, military-political and other reasons that affect the process of the origin of statehood.
The historical-materialistic concept includes two approaches. One of them, which dominated Soviet science, assigned a decisive role to the emergence of classes, antagonistic contradictions between them, the irreconcilability of the class struggle: the state arises as a product of this irreconcilability, as an instrument of suppression by the ruling class of other classes. The second approach proceeds from the fact that as a result of economic development, society itself, its productive and distributive spheres, its “common affairs” become more complex. This requires the improvement of management, which leads to the emergence of the state.
According to this theory, the state arose on a class-economic basis:
- there was a division of labor (agriculture, cattle breeding, craft and trade);
- there was a surplus product;
- as a result of the appropriation of someone else's labor, society split into classes - exploited and exploiters;
private property and public authority appeared.
- to maintain the rule of the exploiters, a special apparatus of coercion was created - the state.
The theory has a rational grain - economic analysis, recognition of the presence in society of groups with opposite (or different) interests - classes, etc.
Not only class-economic factors influenced the emergence of the state (for example: national, military, psychological, etc.). And it is hardly correct to consider the state only as an apparatus for the domination of some classes over others.

Conclusion:

The origin of the state - seems to me one of the most interesting and informative issues studied by the science of the theory of state and law.
The theory of state and law is historical in its structure.
science - it systematizes knowledge related to historical
features of the development of the state and law at various stages
social development, studies the most famous thoughts, theories
associated with the state and law.
After analyzing the issue of the origin of the state, using the works of various researchers, I noticed that in general, in the literature, views on this topic are similar. All scientists put forward as the main theories of the origin of the state - theological, materialistic (class), contractual (natural - legal), patriarchal, psychological, organic, theory of violence.
The most reasonable theory, in my opinion, is the class one, which says that the state arose primarily due to economic reasons: the social division of labor, the emergence of surplus product and private property, and then the split of society into classes with opposite economic interests. And to suppress the confrontation between these classes, the state was created.

Bibliography:

1.Theory of Law and State: Textbook / Ed. prof. V. V. Lazareva. –M.: Law and Law, 1996, p.-40.
2. Personal summary of TG&P.
3.Theory of Law and State: Textbook / Ed. Manova G.N., M.:
Publishing house BEK, 1995, p.-12
4.Theory of state and law. Course of lectures / Edited by N.I. Matuzova.
5.Malko A.V. Theory of State and Law: Textbook. - M.: Jurist, p.-30.
6. K. Marx and F. Engels. Selected works in 9 volumes. - M, 1985, v.2, p-16.
7. S.A. Komarov, General theory of state and law. Textbook 7th ed. - St. Petersburg: Peter, 2006, p.-7.
8. Rousseau J.-J. On the causes of inequality. SPb., 1907. p.- 87.
9. Spiridonov L. I., Theory of state and law: Course summary. SPb.,
1994.p.-4.
10. Khropanyuk V.N. Theory of state and law: reader. - M., 1998, p.-119.

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psychological theory. This theory is that the emergence of the state is associated with the special properties of the human psyche, namely, with the craving for power of some over others and the need for some to obey others. Proponents of psychological theory: L.I. Petrazhitsky, D. Fraser, 3. Freud and Among the most famous representatives of the psychological theory of the origin of the state, one can single out L.I. Petrazhitsky, G. Tarde, Z. Freud and others. They associate the emergence of statehood with the special properties of the human psyche:

people's need for power over other people, the desire to obey, imitate.

The reasons for the origin of the state lie in those abilities that primitive man attributed to tribal leaders, priests, shamans, sorcerers, etc. Their magical power, psychic energy (they made hunting successful, fought diseases, predicted events, etc.) created conditions for the dependence of the consciousness of members of primitive society on the above-named elite. It is from the power attributed to this elite that state power arises.

At the same time, there have always been and still are people who do not agree with the authorities, who show certain aggressive aspirations and instincts. To keep such mental qualities of a person in a "bridle", a state arises. Consequently, the state is necessary both to satisfy the needs of the majority of people in submission, obedience, obedience to certain persons in society, and to suppress the aggressive drives of some individuals. Hence the nature of the state is psychological, rooted in the laws of human consciousness. The state, according to representatives of this theory, is a product of resolving psychological contradictions between initiative (active) individuals capable of making responsible decisions, and a passive mass, capable only of imitative actions that carry out these decisions.

Undoubtedly, the psychological patterns by which human activity is carried out is an important factor that influences all social institutions and which should by no means be ignored. Take, for example, the problem of charisma to see this (Greek charisma - divine gift, divine grace). It is possessed by a person endowed with supernatural, superhuman, or at least especially exceptional abilities or qualities (heroes, prophets, leaders, etc.) - a charismatic person.

However, the role of the psychological properties of the individual (irrational principles) should not be exaggerated in the process of the origin of the state. They do not act as decisive causes and should be considered precisely as moments of state formation, because the psyche of people is formed under the influence of relevant socio-economic, military-political and other external conditions.

Irrigation theory of the origin of state and law.

Irrigation theory (modern German scientist K. Wittfogel) pays special attention to the fact that in some regions of the globe agriculture was impossible without artificial irrigation (for example, in ancient Egypt), therefore, it became necessary to organize large-scale public works for the construction of irrigation facilities ( dams, canals, etc.). For this, a special apparatus was created - the state. Wittfogel. Irrigation (water, hydraulic) theory of the emergence of the state was put forward by many thinkers of the Ancient East (China, Mesopotamia, Egypt), partly by K. Marx ("Asian mode of production"). Its essence is that the state arose for the purpose of collective farming in the valleys of large rivers through the efficient use of their waters (irrigation). Peasant-

the individualist could not independently use the resources of large rivers. For this, it was necessary to mobilize the efforts of all people living along the river. As a result of this, the first states arose - Ancient Egypt, Ancient China, Babylon. This theory is supported by the fact that the first states arose in the valleys of large rivers (Egypt - in the Nile Valley, China - in the Huang He and Yangtze valleys) and had an irrigation basis in their appearance.

What speaks against the theory is that it does not explain the reason for the emergence of states located not in river valleys (for example: mountainous, steppe, etc.).

18.Organic theory of the emergence of the state

Supporters of the organic theory believed that the state appeared and developed further as a biological organism. Representatives of the organic theory: G. Spencer, A.E. Worms and others.

The organic theory of the origin of the state became widespread in the second half of the 19th century. in the works of H. Spencer, Worms, Preis, and others. It was during this era that science, including the humanities, was powerfully influenced by the idea of ​​natural selection, expressed by Charles Darwin.

According to the representatives of this doctrine, the state is an organism, the constant relations between the parts of which are similar to the constant relations between the parts of a living being. The state is a product of social evolution, which is only a kind of biological evolution.

The state, being a kind of biological organism, has a brain (rulers) and means of carrying out its decisions (subjects).

Just as among biological organisms, as a result of natural selection, the fittest survive, so in social organisms, in the process of struggle and wars (also natural selection), specific states are formed, governments are formed, and the management structure is improved. Thus, the state is practically "equated" with a biological organism. It would be wrong to deny the influence of biological factors on the process of the origin of statehood, because people are not only social, but also biological beings.

However, one cannot mechanically extend the laws inherent in biological evolution to social organisms, one cannot completely reduce social problems to biological problems. These are, although interconnected, but completely different levels of life, subject to various patterns and based on various causes of occurrence.

The concept and features of the state

The state is an organization of political sovereign power that manages the social, economic, political, spiritual processes of society.

Territory regions of the edge of the republic and spatial limits as borders.

Population

public authority as a sign reveals the state, first of all, as an institutional system, a set of institutions of power, the state apparatus, state authorities, law enforcement system, military bodies, punitive, repressive bodies. Public authority also includes a special layer of people, i.e. civil servants, officials who, on a material and financial basis, carry out professionally imperious, managerial, law-making, judicial, military, diplomatic and other activities.

Sovereignty

Having a right

Administrative-territorial the organization of the population as a sign of the state, first of all, reveals the relationship of such concepts and realities as power, population (society), territory.

Sovereignty as a sign of the state means the supremacy and independence of the state, state power inside and outside society, on the territory on which the state arose, exists and operates, and in relation to other foreign states. As a political and legal phenomenon, sovereignty is inherent in the state as a whole, but not in its individual institutions, officials, representatives, for example, the monarch, president, government, head of government, parliament, deputy of parliament, judge.

Variety of resources used- the state accumulates the main power resources (economic, social,

exercising their powers;

The desire to represent the interests of the whole society - the state acts on behalf of the whole society, and not of individuals or social groups;

Monopoly on legitimate violence- the state has the right to use force to ensure the implementation of laws and punish their violators;

The right to collect taxes- the state establishes and collects various taxes and fees from the population, which are directed to finance state bodies and solve various management tasks;

The public nature of power- The state ensures the protection of public interests, not private ones. In the implementation of public policy, there is usually no personal relationship between government and citizens;

The presence of symbols- the state has its own signs of statehood - a flag, coat of arms, anthem, special symbols and attributes of power (for example, a crown, scepter and orb in some monarchies), etc.

In a number of contexts, the concept of "state" is perceived as close in meaning to the concepts of "country", "society", "government", but this is not so.

The country- the concept is primarily cultural and geographical. This term is usually used when talking about area, climate, natural areas, population, nationalities, religions, etc. The state is a political concept and denotes the political organization of that other country - the form of its government and structure, political regime, etc.

State- this is a special political structure of power of a special kind that arose at a certain stage of social development.

This is a special organization of political, sovereign power that promotes the implementation of specific interests (class, universal, religious, national, etc.).

State characterize the following features that distinguish it from both pre-state and non-state organizations:

The presence of public authority, isolated from society and not coinciding with the population of the country (the state necessarily has an apparatus of management, coercion, justice, because public authorities are officials, the army, police, courts, as well as prisons and other institutions);

The system of taxes, taxes, loans ( acting as the main revenue part of the budget of any state, they are necessary for the implementation of certain policies and the maintenance of the state apparatus, people who do not produce material values ​​and are engaged only in administrative activities);

Territorial division of the population(the state unites by its power and protection all the people inhabiting its territory, regardless of belonging to any clan, tribe, institution; in the process of the formation of the first states, the territorial division of the population, which began in the process of the social division of labor, turns into administrative-territorial; on this background, a new social institution arises - citizenship or citizenship);

Right(the state cannot exist without law, since the latter legally formalizes state power and thereby makes it legitimate, determines the legal framework and forms of implementation of functions

states, etc.);

Monopoly on law-making (issues laws, by-laws, creates legal precedents, authorizes customs, transforming them into legal rules of conduct); monopoly on the legal use of force, physical coercion (the ability to deprive citizens of the highest values, which are life and freedom, determines the special effectiveness of state power);

Sustainable legal ties with the population living on its territory (citizenship, nationality); possession of certain material means for carrying out one's policy

(State property, budget, currency, etc.);

Monopoly on the official representation of the entire society wa (no other entity has the right to represent the entire country);

Sovereignty(supremacy inherent in the state on its territory and independence in international relations). In society, power can exist in different forms: party, family, religious, etc. However, only the state, which exercises its supreme power within its own borders, has the power, the decisions of which are binding on all citizens, organizations and institutions. Supremacy of state power means: a) its unconditional distribution to the population and all social structures of society; b) the monopoly ability to use such means of influence (coercion, force methods, up to the death penalty), which other subjects of politics do not have; c) the exercise of power in specific forms, primarily legal (law-making, law enforcement and law enforcement); d) the prerogative of the state to cancel, to recognize as legally null acts of other political subjects, if they do not comply with the state's regulations. State sovereignty includes such fundamental principles as the unity and indivisibility of territory, the inviolability of territorial borders and non-interference in internal affairs. If any foreign state or external force violates the borders of this state or forces it to take this or that decision that does not meet the national interests of its people, then they speak of a violation of its sovereignty. And this is a clear sign of the weakness of this state and its inability to ensure its own sovereignty and national state interests. concept "sovereignty"has the same meaning for the state as the concept of "rights and freedoms" for a person; the presence of state symbols - a coat of arms, a flag, an anthem. The symbols of the state are designed to indicate the bearers of state power, the belonging of something to the state. State emblems are placed on buildings, where state bodies are located, on border posts, on uniforms of civil servants (military personnel, etc.) Flags are hung on the same buildings, as well as in places where international conferences are held, symbolizing the presence of official representatives of the respective state, etc. .