Modern views of scientists on the origin of the state (crisis, or potestary, theory). Theory of external conflict Crisis theory of the origin of the state essence
Throughout Soviet period The domestic theory of the state and law interpreted the issues of the origin of the state mainly from Marxist positions. However, since the 60s of the last century, certain postulates of the Marxist doctrine of the origin of the state began to be questioned by some Soviet researchers. The modern theory of state and law no longer adheres to Marxist views on the origin of the state, although a number of provisions of this doctrine are considered, of course, correct. At the same time, in the modern theory of state and law, there is no unambiguous interpretation of the issues of the origin of the state. To date, it seems that there are three main theories of the origin of the state: crisis, dualistic and specialization.
crisis theory
According to the crisis theory (its author is Prof. A.B. Vengrov), the state arises as a result of the so-called Neolithic revolution - the transition of mankind from an economy that appropriates to an economy that produces. This transition, according to A.B. Vengrova was caused by an ecological crisis (hence the name of the theory), which arose about 10-12 thousand years ago. Global climate change on Earth, the extinction of mammoths, woolly rhinos, cave bears and other megafauna has threatened the existence of mankind as a biological species. Having managed to get out of the ecological crisis through the transition to a producing economy, humanity has rebuilt its entire social and economic organization. This led to the stratification of society, the emergence of classes and the emergence of the state, which was supposed to ensure the functioning of the producing economy, new forms labor activity, the very existence of mankind in the new conditions. The theory takes into account both large, generally significant crises, and local crises, for example, those that underlie revolutions (French, October, etc.)
crisis theory
This concept uses new knowledge, the main emphasis is on the organizational functions of the primary city-states, on the relationship between the origin of the state and the formation of a producing economy. At the same time, special importance is attached to a major environmental crisis at the turn of the Neolithic revolution, the transition at this stage to a productive economy and, above all, breeding activities.
The theory takes into account both large, generally significant crises, and local crises, for example, those that underlie revolutions (French, October, etc.).
demographic theory
Then an excess product appeared, stimulating the development of the craft, which means that the administration became necessary to manage and share resources.
Accordingly, the level of organization grew, along with the size of the settlement.
The formation of the state is always due to the growth of the population living on certain territory that needs to be managed.
Economic theory
The author of this theory is Plato, who explained the reasons for the emergence of the state by the social division of labor. According to this theory, the state is the result of historical progress. It is the changes in the economy that lead to the formation of the state.
The emergence of the state is preceded by the appropriation of the products of nature by man, and then, using the most primitive tools of labor, man proceeds to the production of products for consumption. The initial stage of development is replaced by the theological, covering the times of antiquity and feudalism, and then comes the metaphysical stage (according to Saint-Simon, the period of the bourgeois world order). After it, a positive stage will begin, when such a system will be established that will make "the life of the people who make up the majority of society the happiest, providing them with the maximum means and opportunities to satisfy their most important needs." If in the first stage of the development of society domination belonged to the elders and leaders, in the second - to the priests and feudal lords, in the third - to lawyers and metaphysicians, then it must then pass to the industrialists and, finally, scientists. This is one of the most logical and plausible theories, if we take into account other factors, psychological, ideological, etc.
diffuse theory
According to this theory, the experience of state-legal life is transferred from developed countries to backward regions.
As a result, a new state arises, the experience of which will be useful in the future (Grebner).
This theory does not explain why and how the first state appeared.
Theory of specialization
Initial premise of the theory. The basis of the put forward theory of the origin of the state is the following thesis: the law of specialization is the general law of the development of the surrounding world. Specialization is inherent in the world of biology. Appearance in a living organism various cells, and then various organs - this is the result of specialization. Again, for this reason, i.e. depending on the degree of specialization of its cells, the organism occupies a place in the biological hierarchy: the more its functions are specialized in it, the higher its place in biological world the better adapted he is to life.
The law of specialization also operates in the social world, and here it is even stronger.
As soon as a person showed himself as something different from animals, he almost immediately embarked on the path of social specialization (T.V. Kashanina).
Management (organizational) theory
The main factor in the formation of the state is the unification of a society that is in a state of stress.
In particular, with an increase in population, the need for amalgamation may increase so much that it will cause the emergence of administrative structures.
Internal conflict theory
In accordance with this theory, the formation of the state took place through the collapse of primitive relations and the division of society into classes that were opposite in their interests. The resulting inequality was reinforced by law.
Thus, the complexity of society was based on a class conflict, for the suppression of which government bodies, the army were created, and power was consolidated.
The state is a product of the division of society into two classes: producers and managers (L. Krader).
External conflict theory
The essence of the theory is that due to poor living conditions, conflicts arose over resources, and groups with strong leaders won. Land conquest enriched the elite and consolidated the power of the leaders.
Synthetic theory
This theory of the origin of the state emphasizes such factors as the influence of agriculture on social organization, which, in turn, affects handicraft production.
In this theory important place occupied by two types of processes: centralization and segregation.
Centralization is the degree of communication between different subsystems, which determines the most high level control in society. Segregation is an expression of the internal diversity and specialization of subsystems.
Libertarian legal theory
This theory proceeds from the fact that law is a form of relations of equality, freedom and justice, based on the principle of formal equality. Accordingly, the state is a legal state expressing freedom and justice. According to this theory, law and the state arise, function, develop and still exist and act as two interrelated components of their social life, which is one in essence.
Theological theory
Representatives: Thomas Aquinas, Martin Dan and others.
Essence:
Scientists believe that the state arose on the basis of divine will. God gave people two swords: one sword of the church for enlightenment, and the other sword - the ruler, to pacify the recalcitrant. Thus, it follows that the state arose in the image and likeness of the Kingdom of God on earth. Thus, state power was deified.
Positive Traits:
For the first time, the importance of the state will is emphasized. At present, there are still states whose ideology is theocratic. For example, the Vatican, Iran, Qatar, Oman and others.
Insolvency:
This theory reinforces the stagnation (invariance) of state power. The adoption of unfair decisions is fixed and justified by the Divine will. There is no historical confirmation of the fact of the transfer of swords.
Patriarchal theory
Representatives: Aristotle, Mikhailovsky and others.
Essence:
The state was formed on the basis of an overgrown patriarchal family, where the father becomes the head of state.
Positive Traits:
The experience of the responsibility of the head of state for citizens is valuable. Such responsibility is based on the need for the head of state to "take care of his family members" - citizens.
Insolvency:
The state, as a phenomenon, arose earlier than the patriarchal classic family; even during the collapse of the matriarchy. This theory is not supported by historical data.
Patrimonial theory
Representatives: Galler and others.
Essence:
Translated from the Latin "patrimonium" means "ownership of the land." The state arises on the basis of the protection and consolidation of the right of ownership of the land. The owner, having the right, seeks to preserve it. Therefore, this requires a special protection mechanism - the state. In parallel with the need to protect property rights, the owner of the land has indirect power over the people living on his land, as they feed from the allotted plots; resolve disputes between them. Thus, power is reinforced by a special mechanism - COercion, that is, a form of statehood is manifested.
Positive Traits:
The theory is supported by historical facts. However, the statehood of the Slavic peoples arose on a feudal basis, bypassing the stage of a slave-owning state.
Insolvency:
The theory is not universal and does not explain the reasons for the emergence of the state among all peoples.
Theory of Violence
Representatives: Kautsky, Dühring and others.
Essence:
The state arose as a result of the interaction of strong and weak tribes. A strong tribe needs a state to maintain power over a weak tribe. A weak tribe needs the state as a mechanism for activating the efforts of all members of the tribe to repel external aggression.
Positive Traits:
The theory is supported by historical data. So, for example, the ancient German empire arose on the basis of the capture by the tribes of the territory of the Roman Empire. The theory formed the basis of the fascist ideology in the transformation of Gumplovich, that is, a strong and weak tribe is assimilated, where weak members of the tribe disappear naturally or destruction.
Insolvency:
The theory does not comprehensively explain the causes of the emergence of statehood.
Psychological theory
Representatives: Freud, Petrozhitsky and others.
Essence:
The state arose due to the psychological characteristics of a person. Part of the population has a psychological need to rule and is able to make decisions; they are leaders. The other part feels comfortable only if someone makes decisions for them; they are performers. The state serves as a mechanism linking these two categories of people in relationships. The first get a legal and positively motivated way to rule for the benefit of others. The second - feel more comfortable, because they do not need to worry about making a decision.
Positive Traits:
For the first time, the psychological factor in the formation of statehood was noted.
Insolvency:
one-sided approach.
Contract theory (social contract theory)
Representatives: Spinoza, Montesquieu, Locke, Hobbes, Rousseau, Radishchev and others.
Essence: The state arose as a result of a social contract concluded between people on the creation of a special mechanism - the state. According to this agreement, part of a person's personal powers are placed at the disposal of the state, and the state, in turn, undertakes to protect and protect the interests of each individual on the principles of equality and justice.
Positive Traits:
For the first time, the idea of the complexity of social relations, the idea of the responsibility of the state to the individual is substantiated. There is a really created state according to the contractual theory - the United States.
Insolvency:
There are no written sources confirming the emergence of the first state on earth on the basis of a treaty. Theorists unnecessarily idealized primitive society. Primitive could not understand the essence of contractual relations. Primitive man had to realize the need to create a state. Subjective factors were exaggerated and objective factors were underestimated.
organic theory
Representatives: Spencer, Worms, Price and others.
Essence:
The state was created in the image and likeness of the human body. Any failure in any body leads to an imbalance and, accordingly, to crisis phenomena in the state.
Positive Traits:
There is a clear interdependence of state bodies.
Insolvency:
Excessive biologization of social relations.
Marxist theory
Representatives: Marx, Engels, Lenin and others.
Essence: The improvement of tools led to a major division of labor; agriculture is separated from cattle breeding, handicrafts appear, after a while a class of intermediary merchants appears. This specialization of labor leads to the development of skills and an increase in labor productivity. Labor productivity, in turn, leads to the emergence of a surplus product. The surplus product leads to property inequality and the possibility of exploitation of hired labor. Gradually emerging inequality leads to the emergence of classes. The economically dominant class, wishing to maintain its dominant position, is forced to create a special mechanism for control and protection. The state becomes such a mechanism.
Positive Traits:
For the first time, the mechanism of the emergence of the state is sufficiently argued and economically justified. This theory is confirmed by archaeological data.
Insolvency:
The theory takes into account only the economic factor and does not take into account other factors.
Representatives: Vengerov and others.
Essence:
The state arises under the influence of a crisis fact (economic, social, environmental, etc.). The need for consolidation, the efforts of all members of society for survival forces the creation of special mechanisms of activity, that is, statehood.
Positive Traits:
The external factor contributing to the emergence of the state was substantiated. States created under the influence of the crisis: Modern Israel, Ancient Egypt.
Insolvency:
One-sided approach to the emergence of statehood.
According to the crisis theory (its author is Professor A.B. Vengerov), the state arises as a result of the so-called Neolithic revolution - the transition of mankind from an appropriating economy to a producing economy. This transition, according to A.B. Vengerov was called an ecological crisis (hence the name of the theory), which arose about 10-12 thousand years ago. Global climate change on Earth, the extinction of mammoths, woolly rhinos, cave bears and other megafauna has threatened the existence of humanity as a biological species. Having managed to get out of the ecological crisis through the transition to a producing economy, humanity has rebuilt its entire social and economic organization. This led to the stratification of society, the emergence of classes and the emergence of the state, which was supposed to ensure the functioning of the producing economy, new forms of labor activity, the very existence of mankind in new conditions.
3. Reasons for the diversity of doctrines on the origin of the state
There are many different opinions, assumptions, hypotheses and theories regarding the issue of the origin of the state. This diversity is due to a number of reasons.
Firstly, the scientists and thinkers who undertook to resolve this issue lived in completely different historical eras. They had at their disposal a different amount of knowledge accumulated by mankind at the time of the creation of a particular theory. However, many judgments of ancient thinkers are relevant and valid to this day.
Secondly, explaining the process of the emergence of the state, scientists took for consideration a specific region of the planet, with its originality and special ethno-cultural features. At the same time, scientists did not take into account similar features of other regions.
Thirdly, the human factor cannot be completely excluded. The views of the authors of the theories were in many ways a kind of mirror of the time in which they lived. The theories put forward by the authors were marked by their own personal, ideological and philosophical predilections.
Fourthly, scientists sometimes, acting under the influence of various other sciences, thought one-sidedly, unnecessarily illustrating some factors and ignoring others. Thus, their theories turned out to be rather one-sided and could not fully reveal the essence of the process of the origin of the state.
However, one way or another, the creators of theories sincerely sought to find an explanation for the process of the emergence of the state.
Formation of the state different peoples went in different ways. This also led to a large number of different points of view in explaining the causes of the emergence of the state.
Most scientists proceed from the fact that it is impossible to associate the emergence of the state with only one factor, namely, a complex of factors, objective processes that took place in society, led to the emergence of a state organization.
Among the theoreticians of the state and law, there has never been before and at present there is not only unity, but even a commonality of views regarding the process of the origin of the state. Here the diversity of opinions prevails.
When considering the problems of the emergence of the state, it is important to take into account that the very process of the emergence of the state is far from unambiguous. On the one hand, it is necessary to distinguish between the process of the initial emergence of the state in the public arena. This is the process of formation of state-legal phenomena, institutions and institutions on the basis of pre-state and, accordingly, pre-legal phenomena, institutions and institutions that have decomposed as society develops.
On the other hand, it is necessary to single out the process of the emergence and development of new state-legal phenomena, institutions and institutions on the basis of previously existing, but for some reason left the socio-political scene of state-legal phenomena, institutions and institutions.
Thus, in the world there have always been many different theories explaining the process of the emergence and development of the state. This is quite natural and understandable, because each of them reflects either different views and judgments of various groups, strata, classes, nations and other social communities on a given process, or the views and judgments of one and the same social community on various aspects of a given process of emergence and development. development of the state. These views and judgments have always been based on various economic, financial, political and other interests. We are talking not only about class interests and the contradictions connected with them, as has been argued for a long time in our domestic and partly in foreign literature. The question is much broader. This refers to the whole range of interests and contradictions existing in society that have a direct or indirect impact on the process of the emergence, formation and development of the state.
During the existence of legal, philosophical and political science, dozens of different theories and doctrines have been created. Hundreds, if not thousands, of conflicting suggestions have been made. At the same time, disputes about the nature of the state, the causes, origins and conditions of its occurrence continue to this day.
The reasons and numerous theories generated by them are as follows. Firstly, in the complexity and versatility of the very process of the origin of the state and the objectively existing difficulties of its adequate perception. Secondly, in the inevitability of a different subjective perception of this process by researchers, due to their mismatched, and sometimes conflicting economic, political and other views and interests. Thirdly, in a deliberate distortion of the process of the initial or subsequent (on the basis of a pre-existing state), the emergence of a state-legal system due to opportunistic or other considerations. And, fourthly, in a deliberate or unintentional assumption of confusion in a number of cases of the process of the emergence of the state with other adjacent, related processes.
This concept uses new knowledge, the main emphasis is on the organizational functions of the primary city-states, on the relationship between the origin of the state and the formation of a producing economy. At the same time, special importance is attached to a major environmental crisis at the turn of the Neolithic revolution, the transition at this stage to a manufacturing economy and, above all, to breeding activities. The theory takes into account both large, generally significant crises, and local crises, for example, those that underlie revolutions (French, October, etc.)
The "incest" theory
Claude Levi-Strauss developed and substantiated the idea that the features of human production (reproduction of the genus), namely the prohibition of incest (incest), were the initial social fact in the separation of man from the natural world, the structuring of society and the emergence of the state. The essence of the theory is that in order to ensure the implementation of the prohibition of incest, it was necessary to apply very severe, cruel measures of restraint. This required the creation within tribal community special bodies who, both through the forcible suppression of incest within the clan, and through the development of ties with foreigners for the purpose of interchanging women, were the prototype of the future state structure. Despite the external simplicity and attractiveness of this theory, it is hardly possible to consider the establishment of the prohibition of incest and the creation of structures within the tribal society that ensure its implementation as the root cause of the formation of the state. Historically, this prohibition arose long before the emergence of the first states, and, therefore, their appearance is associated not only with the action of the named reason, but also with other facts.
Essence of law- this is the main, internal, relatively stable qualitative characteristic of law, which reflects the nature and purpose of it in the life of society. The identification of the essence is based on the study of social values, ideas that determine the nature of law. Since law is a complex multifaceted social phenomenon, it can be studied in various aspects, from various points of view. The history of legal thought is represented by a fairly wide range of views on the essence of law and the definition of its concept. The approaches that exist in legal science are an expression of historically specific social problems and at the same time the option of their resolution. Law in its content versatility can be expressed in various ideological grounds, for example, as the will of the ruling class, as a protected interest, as justice, as a measure of freedom, etc. The founders of philosophy, prominent ancient thinkers, saw the essence of law in general social justice:
Socrates: justice is more precious than any gold - it is equality for all and the voluntary submission of all to the law; lawful and just are one and the same. Law - is justice, expressed in the implementation of reasonably balanced interests of all members of society.
Plato: justice is a combination of three virtues - wisdom, courage, moderation; it lies in the fact that no one should interfere in the affairs of others, seize someone else's, be deprived of his own. “... Wrong are those laws that are not established for the common good of the entire state as a whole ... where laws are established in the interests of several people.”
Aristotle: law is political justice, a fair order established in the state, in society. "The concept of justice is connected with ideas about the state, since law, which serves as a measure of justice, is the regulatory norm of political community."
The essence of law is determined by the material and socio-cultural conditions of the life of society, the nature of classes, social groups population, individual individuals, the general will as a result of coordination, a combination of private or specific interests, expressed in law or otherwise recognized by the state and acting as a result of this as a general (general social) scale, a measure (regulator) of people's behavior and activities. Recognition of the general will as the essence of law distinguishes law from other normative regulators, gives it the quality of a general social regulator, an instrument for achieving public consent and social peace in society. Understanding the will in law in the defended approach excludes the reduction of law to an instrument of violence, a means of suppressing individual will. The will enshrined in law is officially certified and secured state power; meets the requirements of regulation; has specific forms of external expression (law, judicial precedent, normative contract, legal custom, etc.); is the result of the coordination of the interests of the participants regulated relations and because of this, it acts precisely as a general will, to one degree or another acceptable to them; corresponds to progressive ideas of law, etc. Compliance of the general will with these requirements gives it the character of a universal, state will, as a result of which law acquires the quality of a really operating phenomenon, is established as the dominant system of regulatory regulation.
