Given that society came much earlier state, it is necessary to provide more comprehensive knowledge of state and legal institutions to characterize the social power and norms that existed in the primitive society.
No matter how modern scholars refer to the gradation of the historical process, no one in general, there is no doubt that the initial stage of this process was the primitive communal system, covering a huge amount of time from the appearance of man on earth prior to becoming a first class societies and states as well as their appearance is usually associated orderly writing.
The primitive communal system was the most time-consuming (more than a million years) stage in the history of mankind. Determine its lower bound of any precision is not easy, because of newly discovered bone remains of our ancestors, most experts see what predcheloveka, the man. Depending on this assessment, the prevailing view is changing.
In the modern period, some scholars believe that ancient man (and thus the primitive, savage society) arose about 1 - 1.5 million years ago, some researchers attribute its appearance to a later time. The upper face of the primitive communal system varies within the last 5 - 6 thousand years, varying in different continents. In Asia and Africa, the first state formed on the turn of the IV and III millennium BC, in America - in the I millennium BC, in other parts of the world - even later (VP Alekseev, A. Pershits ).
Any society is a kind of integral social organism (system), which is different varying degrees of organization, settlement, ordering of social relationships. From this it follows that for every society is characterized by a certain system of governance (social power) and the regulation of the behavior of people with certain common rules (social norms).
As soon as a society, once there is a need to manage. Every single member of the public had their own interests, without the consent of that society could not exist, because it is a critical personal interests are the controller.
To ensure the normal life, the progressive development of social connections you want to combine these interests for the common good. But you can only connect with a combination of many individual benefits (self-interest) with social benefits (public interest). Such a connection is achieved mainly due to the existence of a code of conduct in society (norms) and a government that would implement and provide the stated norms.
For the primitive communal system was characterized by the following features:
the presence of only primitive tools and the inability of a person without the aid of all kinds to survive and to provide themselves with food, clothing, shelter. But even working together, collectively, the people could not produce more than they consume. Therefore, in such a society, there was no surplus products no private property and, accordingly, the division into rich and poor, economically all were equal;
has determined economic equality and political equality. All kinds of adults - men and women - were eligible to participate in the discussion and resolution of any issue related to the activities of the kind.
Public (social) power that existed in the pre-state period, had the following main features. This power:
1) based on a family relationship, the basis for the organization of the society was the clan (tribal community), ie bringing people together in a real or perceived consanguinity, and the community of goods and labor. Rod was formed at a time when to replace promiscuity came family, based on the collective, and then on the pair married. Each race has acted as an economic unit, owner of the means of production, the organizer of the total labor process.
Childbirth formed larger units (phratry, tribe, confederacy of tribes). Since genus (tribal community) played a crucial role in the life of primitive society, this era and was called - "the primitive communal system," and his social organization - tribal. Consequently, the social authority extended only within the family, expressed his will and was based on blood ties;
2) was directly social, built on the principles of primitive democracy, on the functions of government (ie, the subject and object of power is the same);
3) used the authority, respect, tradition members of the genus;
4) was carried out as society in general (family meetings, Chamber) and its representatives (elders, council of elders, commanders, chiefs, priests, etc.) that have addressed the most important issues of life of primitive society.
Signs of the state, distinguishing it from a public authority of the tribal system:
system of taxes and loans;
territorial division of the population;
monopoly on the legitimate use of force and