The most complete picture of the state, as well as about any phenomenon, we can form only on the basis of the approach to it with three positions, or in three areas:
a) from the viewpoint of functional (functional characteristics);
b) from the point of view of the substantial (the substantial characteristics);
c) from the point of view of the genesis of (genetic characteristics).
As part of the functional characteristics of the phenomenon can be explained as that which is capable of producing some work to carry out certain activities. For example, the definition of a car, formulated on the basis of the functional approach may be as follows: the car - a device used for transportation by land freight and passengers. From the standpoint of a substantial (substantive, essential) approach the car can be described as self-propelled vehicle traveling on the road and having cartage engine, three or more wheels, steering, etc. From the point of view of the genesis (origin), the car - this is that produce a car factory.
Thus, it can be seen that the main in this series is the substantial characteristics of the phenomenon: it gives an understanding of its nature, structure, characteristics of properties (of substantial evidence). Functional and genetic characteristics serve as additional to the substantial and contribute to the overall concept of the phenomenon and its functional genetic traits.
Especially as we have said about the meaning and order of use in the description of some of the substantial objects, functional and genetic approach for phenomena such as the state and law, the genesis of which is hidden from us for thousands of years, and in this respect can only be built more or less reliable assumptions. Therefore, in the academic literature would be more logical to start the characterization of both the state and the rights of their substantial characteristics. Moreover, that these phenomena exist before our eyes in its developed form.
Furthermore, we must distinguish logic three processes:
a) the logic of the formation and development of the real phenomena and events (ontological process);
b) The logic of scientific ignorance of these phenomena and events (epistemological process);
c) the logic of explanation, presentation, transmission of the information received, that is the logic of training (learning).
The logic of the latter two processes are largely the same, especially in problem-based learning where the student is to a certain knowledge of the way of scientific research. But with regard to the ontological process (the real, the actual process of formation and development of phenomena), and the learning process (the process of summaries of knowledge of these phenomena), their logic is clearly not the same.
After all, the fact that the state or the right is generated first, and then develop, does not mean that their response should begin with a study topics of their origin. In this case, it turns out that we are talking about the origin of which is still unknown, that is, explains the origin of an unknown phenomenon. On this path, it is difficult to explain and understand the process and origin of the state and law.
Faced with the present time, the state and law in a developed form, their description should begin substantial approaches (the relevant sections in the academic literature referred to as "the concept of the state" and "the concept of law"), and then add the substantial response (effect, structure, properties ) functionality and a more or less reliable versions of the origin of law and state.
To reliably established circumstances connected with the origin of the state, is the fact that:
a) the State did not always exist (the first state formations have about 5 thousand years ago, before this one and a half million years existed primitive constitution);
b) it has emerged as a product of social development;
c) at a certain time interval;
g) in a long historical process;
d) under the influence of several factors.
Among these factors are called geography, environmental, religious, national, psychological, etc.
However, the need to highlight the main points (factors, processes), which led to the appearance of the state and continually necessitate its existence. Such factors contributing to the need for a new order of society, should probably include:
- The emergence of the need for a new way (on a new principle) to organize the management of social, primarily manufacturing, process, the scale of society;
- Social and property differentiation of society, its stratification, and hence - the differentiation of interest to the individual, family, group (groups, layers, classes, etc.), as well as society as a whole, and as a consequence - the appearance of the function of "general affairs" .
The emergence of these very factors in the literature explain the Neolithic revolution - the transition from appropriating economy to a producing, which in turn was due, according to the authors, the environmental crisis - a sharp change in climatic conditions, and the extinction of large animals (mammoths, woolly rhinos, etc.) .
From this approach, we can conclude that if there was no abrupt change in climatic conditions, then there would be no state. It seems, nevertheless, that the emergence of the state is a consequence not of revolutions and natural crises, and the result of the normal evolution of society, a consequence of the implementation of the social program of human development.
Society as a self-sustaining and self-governing system has its own internal mechanisms and incentives for development. And this process of self-organization and never stopped going on now is how the process of planetary formation of supra-national, supra-national bodies to coordinate and control. (Just as a state at the time rose above the generic, family, group interests, and has assumed the function of "general affairs".)
Establishing production in the scale of society and social stratification were the two interrelated processes, but in general, the formation of a State could take prevail, to speak at the forefront as the one or the other. Thus, the literature indicated that the "eastern route" of a state based on the so-called Asiatic mode of production, when the advent of the state meet the need for large-scale public works (construction and operation of irrigation facilities, the organization of irrigated agriculture).
The economy in such a state based on the state and public forms of ownership, and social stratification was the result not of the usurpation of the means of production and management (there is a layer of professional managers, a kind of state "nomenclature").
The primary factor in the process of state formation in Europe (the "European way") was made by the process of social and property stratification of society (the process of class formation) caused by the formation of private property. This way the occurrence of detail in the work of Friedrich Engels' The Origin of the Family, Private Property and the State. "
Named the major factors in the genesis of the state of specific historical conditions manifest themselves in different ways and complemented each