The Theory of State and Law (elementary course). Aigul Karatayeva

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

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

      Engels pointed to the following principal causes of the state.

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

      – Department of Livestock farming;

      – Department of handicraft production;

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

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

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

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

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

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

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

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

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

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

      Theological theory

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

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

      Patriarchal theory

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