Patrimonial theory of the origin of 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.

Indeed, the government may be the property of a certain ruler, because he is in some way possess, use and dispose of (especially in the age of absolutism) is practically all that is in the territory of the country, including the state apparatus having power properties.

Moreover, in the era of the formation of a government of its territory was largely determined by the space in which prevailed leader, military leader and head of another clan or tribe. State the same services, finance, etc. gradually transformed from the private sector the sovereign prince.

However, during the period of its origin state institutions are not always really are at the disposal of the governor. Also at that time there was not so much the right to private property as forcible possession of the land.

In the framework of this theory in the origin state exaggerated the role of the private ownership of the land and at the same time it underestimated the impact of the military, political, ethnic, religious and other

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Constitutional law

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