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

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

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

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

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

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

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

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

      The theory of violence

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

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

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

      Psychological theory

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

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

      Organic theory

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

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

      1.3. State: the concept, essence and mechanism of the organization

      State power is a special kind of social power. Social power – it is inherent in every human community relations of domination and subordination between the subjects, based on coercion power relations are manifested in the fact that one person has actually used the opportunity to dominance, that is. e. the impact of the will of another entity, it inclines to a particular pattern of behavior. Power as a phenomenon emerged together with human society and in the modern period is characterized by great diversity. There are, in particular, the power in the family, in the workplace, economic, political, psychological power, and others. The relationship of power is a necessary means of contributing to the organization of relative order and discipline in different social structures.

      State power – a relationship of domination and subordination, which are formed between the state organization and society. The main task of the state power – to influence the will and behavior of citizens and direct their activity in the right direction.

      Characteristic features of state power are the following:

      1) it is the bearer of special subjects – the State as a whole or individual state bodies and officials;

      2) apply to the whole of society;

      3 it is the basis of the authority of the institution of the state, the inequality of status (rights and obligations) officials and the ordinary citizen;

      4) based on the use of specific management tools (laws, politics, ideology, state coercion, etc.).

      The scientific literature is sometimes identified state power and political power, use these terms interchangeably. This view was expressed by Marx and was widespread in the Soviet state.

      Meanwhile, a number of modern scholars believe that political power – the concept is broader in content than the government. According to this approach, the political power can be realized not only by the state, but also by other political actors (political parties, social movements, and so etc.).

      The public agency: the concept and classification

      The primary organizational form of state power is a public body. State authority – a unit of the state apparatus, authorized to exercise state power in society and endowed with certain governmental authority needed to address specific management tasks.

      The most significant public body properties include the following:

      1) the main purpose of a state body – the implementation of the government, the decision of those or other administrative tasks in society;

      2) it is a legal institution, as is formed and acts on the basis of relevant legal documents (constitution, statute, regulation);

      3) acts as a legitimate institution, as its authority and powers voluntarily or involuntarily recognized by most people;

      4) has the appropriate competence, which is understood as a set of legally enshrined powers. Such powers are manifested in the possibility of publication of relevant legal acts, the application, if necessary, measures of persuasion, education, promotion, and coercive power;

      5) consists of civil servants and relevant structural units (divisions, departments, etc.);

      6) has the necessary material resources (buildings, transport, equipment and so forth.), СКАЧАТЬ