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

Чтение книги онлайн.

СКАЧАТЬ mandate to dispose of. human and natural resources of society, as well as special material values. Disposal of human resources reflected in the fact that the government specifically organizes the system of employment of the population by encouraging society to implement the production functions that are needed to maintain its normal existence and progressive development.

      Disposal of natural resources is manifested in the ability to use the benefit of society and the natural wealth of the state.

      In addition, in the process of carrying out the necessary policy, the state is authorized to dispose of such unique material assets as state property, budget, foreign exchange and gold reserves, Diamond Fund, and others.

      Summarizing the above essential features of the state, it is possible to propose the following definition of this phenomenon.

      State – а sovereign, territorial organization (engine) power, which expresses the collective, will of society and using its human, natural and material resources in order to regulate the most important social relationships.

      The essence of the state

      Category «essence» borrowed theory of law of the philosophy and used for repeated consideration of the most important, the key issues. Under the essence of a phenomenon in philosophy understood as a set of deep natural connections and relationships that make up the sum of its qualitative definiteness.

      When considering the nature of the state should take into account two main aspects:

      1) that any state is an organization of political power (formal aspect);

      2) then, whose interests are served by the organization (content side).

      In the legal literature are the following approaches to the nature of the state:

      – Class approach, under which the state can be defined as the organization of political power by the economically dominant class. Here the state is used in the narrow purposes, as a means to ensure mainly the interests of the ruling class. In this case the priority satisfaction of the interests of any one class can not but arouse resistance from the other classes. Hence the problem is permanent «removal» of resistance by violence, dictatorship. Human values and interests are also present, but they fade into the background);

      – Society approach, under which the state can be defined as the organization of political power, to create conditions for a compromise of interests of different classes and social groups. (Here, the state is already in use in the wider purposes as a means to ensure the public interest is mainly concentrating the interests of different classes and strata, the majority of the population, using mainly a method such as a compromise);

      – Religious, ethnic, racial, and different approaches to the nature of the state, in which, respectively, religious, national, racial interests will dominate the policy of a particular state.

      In general we can say with certainty that the essence of a particular state has many aspects and is not limited to the class and general social principles. Consequently, in the nature of the state, depending on the historical conditions of the most leaving any of the above principles.

      1.4. Types and Forms of State

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

      Formational typology States

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

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

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

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

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

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

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

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

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

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

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

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

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

      State Form: concept and structure

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

      The form of government has a way of organizing and function state power. The study forms the state allows us to understand how to organize the state management of society, СКАЧАТЬ