Characteristics of theories of the origin of the state and law

The basic theory of the origin of the state - theological, patriarchal, negotiated, violence, Organic, materialistic, psychological, patrimonial and irrigation - put at the heart of any one particular dominant mode of occurrence of statehood.

Theological theory of the origin of the state has spread in the Middle Ages. It is usually considered to be the founder of St. Thomas Aquinas (1225 - 1274), whose works have become a kind of encyclopedia of Church ideology of the time. In the 1879 encyclical of Pope Leo XIII's teaching of Thomas Aquinas (Thomism) was declared the most appropriate to the spirit and objectives of Catholicism. In modern conditions, have developed a theory of theological ideology of the Islamic religion, the Catholic Church (J. Maritain), representatives of the neo-Thomism (J. Daben, J. Messner, etc.).

According to the representatives of this doctrine, the state - the product of the divine will, by virtue of which the state power was unchallengeable, dependent mainly on religious organizations and leaders. Hence, one is bound to obey the sovereign in all things. The existing socio-economic and legal inequality of men ordained the same divine will, with nothing to reconcile and not to resist a follower of God's power on earth. Consequently, the disobedience of the government can be regarded as disobedience God.

The most famous representatives of the patriarchal theory of the origin of the state include the ancient Greek philosopher Aristotle, English thinker XVII. R. Filmera, Russian sociologist N. Michael and others

These scientists justify the fact that people - there is a collective striving for mutual communication, which leads to the emergence of the family. In the subsequent development and growth of the family as a result of bringing people together and increasing the number of these families and ultimately leads to the formation of the state. Thus, the state - a product of the enlarged family, it's kind of a big family.

Contractual theory of the origin state has spread to most logically complete form in the XVII - XVIII centuries. in the works of Hugo Grotius, JJ Rousseau, AN Radishcheva, etc. According to them, the government appears as the product of conscious creation as a result of the contract entered into by people who were previously in a "natural" primitive state.

State - is a rational union of people on the basis of an agreement between them, by virtue of which they transfer a part of their freedom, their power state. Isolated as to the origin of the state, individuals become one people. As a result, the rulers and the society it is a complex of mutual rights and obligations, and accordingly - the responsibility for non-compliance.

The most logical theory of violence was justified in the XIX century. in the works of E. Duhring, L. Gumplowicz, Kautsky and others

The cause of the origin of statehood they saw not in economic relations, divine providence and the social contract, and in the military-political factors - violence, enslavement of some other tribes. To control the conquered peoples and territories need a coercive apparatus, which became the state.

The state - the "natural" way (ie, by means of violence) emerged Organization ruling of one tribe over another. And this violence and submission holds sway is the basis of a subservient economic domination.

As a result, the families of war degenerated into caste, class, and classes. The conquerors subjugated turned into slaves. Consequently, the state - not the result of internal development of society and imposed on it from outside the force.

Organic theory of the state of origin is widespread in the second half of XIX century. in the writings of Herbert Spencer, Worms, Preiss, etc. It is in this age of science, including humanitarian, experienced the powerful influence of natural selection made by Charles Darwin.

It is estimated by this doctrine, the state - it is an organism, a permanent relationship between the parts of which are similar to permanent relationship between the parts of a living creature. State - a product of social evolution, which is the only kind of biological evolution. The state, being a kind of a biological organism, has a brain (rulers) and the means to implement its decisions (subjects).

The representatives of the materialist theory of the origin of the state is usually referred Marx, Engels, and VI Lenin. They explain the emergence of statehood above all socio-economic reasons.

Of paramount importance for the development of the economy, and therefore for the emergence of statehood had three major division of labor (separated from agriculture and cattle trade, stood apart class of people employed only by the exchange.) This division of labor and the related improvement tools boosted its performance.

There was a surplus product, which ultimately led to the emergence of private property, resulting in a society split into classes of haves and have-nots, the exploiter and the exploited.

The most important consequence of the emergence of private property serves the allocation of public power, no longer coincides with the company and do not reflect the interests of all its members. Domineering role goes to the richest people in the special category of Governors. In order to protect their economic interests, they create a new political structure - a state that serves primarily as a tool of the will of the powerful.

Among the most prominent representatives of the psychological theory of the origin of the state can be identified LI Petrazhitsky, G. Tarde, Freud, etc. They are associated with the appearance of statehood with special properties of the human psyche: the need of people power over other people, the desire to obey, to emulate.

The reasons lie in the state of origin of those abilities that primitive man attributed the tribal chiefs, priests, shamans, witches, etc. Their magic power, mental energy (they made a successful hunt, fight disease, to anticipate events, etc.) created the conditions for Depending on the consciousness of members of a primitive society of the aforementioned elite. It was out of power attributed to this elite, and there is power to the state.

The most prominent representative of the patrimonial theory of the origin of the state acts KL Haller. The state, in his view, as the land is privately owned by the ruler.

Patrimonial theory explains the origin of the state land ownership. Such rulers lord it over the territory because of its "native" property rights. In such a situation, people are represented as tenants of land owners, and officials - as stewards of the rulers.

In the relationship between the concepts "power-property" representatives of this theory give priority to the right of ownership. Possession of the property and subsequently distributed to the possession of territory that underlies the emergence of the state.

The most prominent representative of irrigation (hydraulic) theory of the origin of the state is the modern German scientist E. Wittfogel. It links the process of the emergence of statehood with the need to construct irrigation facilities in the eastern agrarian societies.

It is accompanied by a growing number of officials, the sovereign people, ensuring efficient use of data structures and operators of other citizens.

The government, forced to carry out in such conditions rigidly centralized policy that acts as the sole owner and at the same time exploiter. It manages, distributes, takes into account, subordinates.

Irrigation problems, according to Wittfogel, inevitably lead to the formation of "managerial and bureaucratic class," enslaving society, the formation of "agromenedzherskoy" civilization.

Thus, the right actually appears before the theory of state and law as a very complicated - at least not less complex than the state - a social institution with the totality of the factors that caused its appearance and form of exercise. And understanding the origin of this institution is a big part of all theoretical and legal concepts.

First of all, it's the same contract, or natural law, theory, which was mentioned in the discussion of the formation of the state.

The theological theory proceeds from the divine origin of law as the eternal, which expresses the will of God and the supreme intelligence of the phenomenon. But she does not deny the existence of the right of natural and human (humane) began.

Many religious thinkers have argued that the right - a God-given skill of goodness and justice.

The theological theory is one of the first linked the right to good and justice. This is its undoubted merit. However, this theory is based on scientific evidence, and

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