Theory of the origin of the state presentation. Materialist (Marxist) theory

The authors are religious philosophers, Augustine the Blessed (), Thomas Aquinas (), Philotheus (XVI century), Jean Maritain (XX century). Official ideology of the Vatican. The essence is the divine (supernatural) origin of the state, common system authorities, rules of social behavior. The main characteristic is the absence of separation between society and the state. Advantages: Strengthens civil harmony and spirituality; Discourages violence Disadvantages: not scientific Theological 11 Thomas Aquinas

Authors - Aristotle (BC), Confucius (BC), R. Filmer () The essence is the emergence of the state from the family, and public and state power from the power of the father of the family. Paternalism. Advantages: formation of respect for state power, unity of society Disadvantages: denial of the specifics of the state and state power, their qualitative difference from the family and paternal authority 1 Patriarchal 2

Authors – G. Grotius (), T. Hobbes (), D. Locke (), J.-J. Russo (), A.N. Radishchev () The essence is that the state arose as a result of a social contract, according to which people transfer part of their rights inherent in them from birth to the state as the body representing them common interests, and the state, in turn, undertakes to ensure human rights Advantages: democratic content, the natural rights of the people to form state power, as well as to overthrow it, are substantiated Disadvantages: objective external factors influencing states (socio-economic, military-political) are ignored . Negotiable 3 G. Grotius

Authors – F. Engels () K. Marx () V.I. Lenin () The essence is that the state is the result of changes in socio-economic relations, the method of production, the result of the emergence of classes and the intensification of the struggle between them. It acts as a means of oppressing people, maintaining the dominance of one class over others. However, with the destruction of classes, the state of Dignity also dies out: it is based on socio-economic factor of society Disadvantages: underestimation of national, religious, psychological, military-political and other reasons Class 4 F. Engels, K. Marx, V.I. Lenin

Authors - Auguste Comte (), Herbert Spencer () The essence is the state - a living organism, a product of social evolution, in which a more important body corresponds to a higher status and greater power in the organic system of society and the state. In the process of struggle and wars (natural selection), specific states are formed, governments are formed, the structure of governance is improved, while a given social organism absorbs its members. Advantages: biological factors influenced the emergence of the state, since man is a biosocial being. Disadvantages: it is impossible to extend all the laws inherent in biological evolution to social organisms Organic 5 O. ContG. Spencer

Authors - E. Dühring (), K. Kautsky (), L. Gumplowicz () The essence is the state - the result of violence (internal or external), for example, the conquest of weak and defenseless tribes by stronger and more organized ones, that is, the state is not the result internal development, but imposed from outside by force, a coercive apparatus. Advantages: elements of violence were indeed inherent in the process of the emergence of some states. Disadvantages: in addition to military-political factors, there are also socio-economic factors in the region. Theory of violence 16 K. Kautsky

Authors: L.I. Petrazhitsky (), Z. Freud () The essence is that the state was formed as a result of a person’s psychological need to live within the framework of an organized society. The individual’s psyche is initially inherent in the need for obedience, subordination to “outstanding personalities” Advantages: an indication that in the process of state formation, psychological factors play a large role and that the various interests of people are realized only through the psyche Disadvantages: it is impossible to reduce all social life to psychological interaction people, explain the life of society and the state general laws psychology 1 Psychological 7 PetrazhitskyZ. Freud

The essence of the state Normative approach: the state is a set of norms regulating behavior, social and political relations Normative approach: the state is a set of norms regulating behavior, social and political relations Institutional approach: the state is a set of socio-political institutions that has a complex social political nature and hierarchical structure Institutional approach: the state is a set of socio-political institutions that has a complex socio-political nature and hierarchical structure Sociological approach: the state is a socially differentiated society, a population organized in a certain way Sociological approach: the state is a socially differentiated society, a certain organized population

Attitude to the state 1 State: - the goal and highest result of social development - unconditional benefit for society - must be strong 2 State: - social and moral evil - must be limited by law (liberals) - must be destroyed (Marxists, anarchists) Statism Anti-statism

Concept of the state The state is an organization of the political power of society, covering a certain territory, acting simultaneously as a means of ensuring the interests of the entire society and a special mechanism of control and suppression “The state is a machine for the oppression of one class by another, a machine for keeping other subordinate classes in obedience to one class” ( Lenin V.I.) “The state is an independent centralized socio-political organization for regulating social relations. It exists in a complex, stratified society, located in a certain territory and consisting of two main strata of rulers and ruled" (Claessen H. J. M.)

Signs of a state Public power, separated from society (administrative apparatus and coercive apparatus) 1 Own territory, having an administrative-territorial division 2 Tax system 3 Institute of citizenship (nationality) 4 Signs that distinguish the state from to state forms society Public power: -Separated from society and not directly controlled by it -Exercised by a special layer of people endowed with power, for whom management is a profession -Based on the law -Reinforced by the coercive force of the state State symbols (anthem, coat of arms, flag) 5

Signs of a state Sovereignty - independence from any other power 1 Exclusive right on lawmaking 2 Exclusive right to issue money 3 Monopoly on the legal use of violence 4 Features that distinguish the state from other political institutions Represents the interests of society as a whole 5

Functions of the state These are the main directions of activity of the state, in which its essence and social significance Internal functions states 1 Legal function ensuring law and order, establishing legal norms regulating social relations and the behavior of citizens, protecting the rights and freedoms of man and citizen 2 Political function ensuring political stability, developing programmatic and strategic goals and objectives for the development of society 3 Organizational function streamlining all government activities, monitoring the implementation of laws , coordination of activities of all entities political system

Functions of the state4 Economic function organization, coordination and regulation economic processes through tax and credit policies, planning, creating incentives for economic activity, and implementing sanctions Ecological function guaranteeing a healthy living environment for people, establishing a regime for environmental management 5 6 Social function ensuring solidary relations in society, cooperation of various layers of society, implementation of the principle of social justice, protecting the interests of those categories of citizens who, for objective reasons, cannot independently provide a decent standard of living (disabled people, pensioners, mothers, children), support for housing construction, healthcare, systems public transport

Functions of the state7 Cultural function creating conditions for satisfying the cultural needs of people, developing high spirituality, citizenship, guaranteeing an open information space, forming a state cultural policy 8 Educational function activities to ensure the democratization of education, its continuity and quality, providing people with equal opportunities to receive an education 9 Ideological function education of members of society, formation of civic and patriotic values

Functions of the state External functions of the state 1 Providing national security maintaining a sufficient level of defense capability of society, protecting territorial integrity, state sovereignty 2 Maintaining world order participation in the development of the system international relations, activities to prevent wars, reduce arms, participate in the solution global problems humanity 3 Mutually beneficial cooperation in economic, political, cultural and other spheres with other states

Slide 2

There are many theories about the origin of the state. Such pluralism of scientific views is due to the historical features of the development of social consciousness and economic system (historical era), the uniqueness of certain regions of the world, the ideological commitments of the authors, the tasks that they set for themselves, and other reasons. In epistemological terms, the presence of many theories of the origin of the state indicates the relativity of human knowledge and the impossibility of creating an absolute theory in this area. Therefore, each of the theories has educational value, since they complement each other and contribute to a more complete reconstruction of the process of the origin of the state. General characteristics Next Exit Back

Slide 3

Theory of Hugo Grotius Contents Theory of Thomas Hobbes Theory of John Locke Theory of Jean-Jacques Rousseau Theory of Eugen Dühring Theory of Ludwig Gumplowicz Theory of Karl Kautsky Theory of Tarde Theory of Nikolai Korkunov Theory of Lev Petrazhitsky Libertarian-legal Patrimonial theory Ancient Greek theory Ancient Indian theory Ancient Chinese theory Theological theory Theol. theory in modern conditions Paternalistic theory Patriarchal theory I Theory of Auguste Comte Theory of Herbert Spencer Other theories State according to Engels State according to Lenin Patriarchal theory II Exit Back

Slide 4

According to Plato, the state appeared in the era of Zeus and the Olympian gods. They divided among themselves by lot all the countries of the earth. At the same time, Attica (the territory of ancient Athens) went to Athena and Hephaestus, and the island of Atlantis went to Poseidon. Athena and Hephaestus populated Attica with noble men and implanted in their minds the concept of a democratic government. Poseidon established a state on Atlantis in the Ancient Greek Theory Exit Contents form of hereditary royal rule, securing the foundations in laws. Thus Plato believed that for organization correct forms earthly life, it is necessary to imitate to the greatest possible extent the mythical cosmic-divine prototypes (philosophically speaking, the idea) of governing people. First of all, the structure of Athens (where philosophers rule), and secondly, the structure of Atlantis (where laws rule).

Slide 5

God Indra established the general cosmic and earthly order, its law and custom (ritu). He also maintains this order and law. By the will of divine Heaven, order, organization of power, rules of behavior, etc. appeared in the Celestial Empire. The Emperor (the bearer of power) is the son of Heaven. Ancient Indian theory Ancient Chinese theory Exit Contents Indra the Emperor

Slide 6

It became widespread in the Middle Ages in the writings of Thomas Aquinas. According to this theory, in its essence the state is the result of the manifestation of the divine will, the practical embodiment of the power of God on earth, due to which the power is eternal and unshakable, depending mainly on religious organizations and figures. Any secular power is derived from the power of the church. And the people must unquestioningly obey all the dictates of the state will as a continuation of the divine will. According to the method of acquisition and use, power can be ungodly and tyrannical. Theological theory Exit Contents

Slide 7

Similar thoughts about the divine primary source of state power in the 20th century. developed by Jacques Maritain. Also, many other modern adherents of theological natural law teachings (A. Auer, E. Wolf, H. Dombois, F. Harst, etc.) ultimately lie in God (his mind, will, creation, etc.) see the original basis and source of law and state. Currently, this concept represents the official doctrine of the Vatican. Theological theory in modern conditions Jacques Maritain Exit Contents

Slide 8

From the word pater - father. In this theory, there is a direct relationship between the state and the family. For example, Confucius, interpreting the emperor as the “son of Heaven” and the executor of the will of Heaven, at the same time likened the power of the emperor to the power of the head of the family, and the state to a large family. State management, in his opinion, should be built like family management - based on norms. Paternalistic theory Exit Contents Also, paternalistic views are reflected in Russian political history, a traditional component of which was the belief of wide sections of the population in the “Tsar-Father” and in all authorities as into “dear father”. virtues, care of elders for younger ones, filial devotion and respect of younger ones towards elders.

Slide 9

From the word patriarch - ancestor. In this theory, the state is interpreted as a natural stage in the development (growth) of the family, while the concept of state is not equated with the concept of family. According to Aristotle, the state is the best, complete form of communication (development according to the family-village-state scheme), in order to achieve the common good. At the same time, Aristotle speaks of the primacy of the state before the family, and of man as a political being, i.e. in its most developed form, the state is a community of free and equal citizens. Patriarchal theory I Exit Contents

Slide 10

The patriarchal theory is presented in expanded form in the works of R. Filmer. Relying on the Bible, he concludes that the first man Adam, as the ancestor of mankind, was the first father and the first monarch, and the original form of government established by God and based on divine right is monarchy. All subsequent monarchs are the heirs of Adam, the successors of his paternal and at the same time royal power. From these positions, he regarded any protest against the absolute power of the monarch as a sinful violation of the divine order of power and the divinely established form of paternal authority in the state. Patriarchal Theory II Exit Contents

Slide 11

According to Comte, society (and therefore the state) is an organic whole, the structure, functioning and evolution of which is dealt with by sociology. In this case, sociology is based on the laws of biology, the operation of which in society undergoes a certain modification due to the unique interaction of individuals and the impact of previous generations on subsequent ones. The main task of sociology as a positive science, which replaced previous theological and metaphysical views, is to substantiate the ways and means of harmonizing society, establishing the organic connection between “order” and “progress”. Theory of Auguste Comte Exit Contents

Slide 12

Spencer interprets the state as a part of nature, which develops like an animal embryo, and throughout the history of human civilization, the natural animal principle dominates over the social (and political) principle. Like an animal organism, a social organism grows and develops by integrating its components, complications of its structure, differentiation of functions, etc. At the same time, in social life, as in nature, the fittest organism survives. In the spirit of the law of evolution, Spencer interprets the pre-state state of society, Herbert Spencer's Theory Exit Contents, the emergence and functioning of political organization and political power in a military-type society and the gradual transition to an industrial-type society, state and law. Moreover, in contrast to the overwhelming majority of adherents of the organic approach, Spencer developed liberal-individualist political views and saw the goal of the social organism not in absorbing its members, but in serving them.

Slide 13

Representatives of the organic school in sociology (A. Scheffle in Germany, R. Worms in France, P.F. Lilienfeld in Russia, etc.) went much further than their predecessors in the biologization of social and political phenomena. Yes, at Scheffle economic relations in the “social body” are interpreted as metabolism in a living organism, and Worms identified the physiological characteristics and sexual functions of various social bodies and organisms, studied their social hygiene, etc. Government, according to Lilienfeld, performs the functions of the brain, and trade performs the functions of blood circulation, etc. Theories of other representatives of the organic school Exit Contents

Slide 14

The state, according to Engels’s characterization, arose from the need to keep the opposition of classes in check, and with rare exceptions (periods of equilibrium of forces of opposite classes, when the state receives relative independence) it is the state of the most powerful, economically dominant class, which, with the help of the state, also becomes the politically dominant class and acquires new means to suppress and exploit the oppressed class. The state, according to Engels, is the binding force of civilized society: in all typical periods it is the state exclusively of the ruling class and in all cases remains essentially a machine for the suppression of the oppressed, exploited class. The main features of the state that distinguish it from the clan organization, according to Engels, are: 1) the division of the subjects of the state according to territorial divisions and 2) the establishment of public authority, which no longer coincides directly with the population organizing itself as an armed force. State according to Engels Exit Contents

Slide 15

In the approach of V.I. Lenin's approach to the state emphasizes the antagonism of classes and the class nature of the state. The state is a product and manifestation of the irreconcilability of class contradictions. The state arises there, then and insofar as, where, when and insofar as class contradictions cannot be objectively reconciled... And vice versa: the existence of the state proves that class contradictions are irreconcilable. The State According to Lenin Exit Contents

Slide 16

Interprets the state as a phenomenon established by will, arising as a result of an agreement between people (their expression of will). “Internal law is that which comes from civil authority. Civil power dominates the state. The state is a perfect union of free people, concluded for the sake of law and the common good.” To mutual communication and the conclusion of such an agreement, people are encouraged by their rational nature - “mother natural law" The requirement to comply with the agreement on the creation of the state (civil community) is also of a natural legal nature. Theory of Hugo Grotius Exit Contents

Slide 17

Hobbes portrays the pre-state (natural) state as “a state of war of all against all.” In a state of nature, where there is no general authority, law and justice, everyone has the right to everything - this is his natural right and freedom. Under these conditions, the human mind dictates the requirement to seek peace and follow it. This, according to Hobbes, is the meaning of the first and fundamental natural law. From the theory of Thomas Hobbes, all other natural laws follow, which require everyone to renounce their natural rights in the interests of peace and security. The demands of these natural laws induce men to enter into a covenant to establish a state (a sovereign common power) to keep men at bay and direct their actions toward the common good. Hobbes thus used the contractual concept to justify an absolutist state, the sovereign power of which is arbitrary and uncontrollable. Exit Contents

Slide 18

The liberal concept of the contractual origin and purpose of the state, according to which the purpose of the social contract on the establishment of the state is to ensure the inalienable (and in the conditions of state life) natural right of everyone to his property, i.e. his life, liberty and property. Contractual relations between people and the state are a constantly ongoing and renewed process based on the principle of consent. According to this principle, the people, being the source of sovereignty, have the right to overthrow despotic power as a violator of the terms of the social contract. Likewise, each individual person, upon reaching adulthood, decides for himself whether to join the social contract and become a member of a given state or leave it. John Locke's Theory Exit Contents

Slide 19

Interprets the emergence of the state as an agreement concluded to try to overcome social inequality, with the goal of creating state power and laws to which everyone will obey. However, inequality private property, supplemented by political inequality, ultimately led to absolute inequality under despotism, when in relation to the despot everyone is equal in their slavery and lack of rights. Rousseau puts forward his project of a social contractual “correction” of history - the creation of a Political body (community) as a genuine agreement between peoples and rulers. Part 2 The Theory of Jean-Jacques Rousseau Part 1 Exit Contents

Slide 20

Rousseau sees the goal of this genuine social contract in the creation of “a form of association that protects and protects with all its common strength the personality and property of each of the members of the association and thanks to which each, having united with everyone, obeys, however, only himself and remains just as free, as before". The social contract gives the political body (the state) unlimited power over all its members (parties to the agreement); this power, directed by the general will, is the single, indivisible and inalienable sovereignty of the people. At the same time, Rousseau rejects the principle of separation of powers and other guarantees of respect for human rights and freedoms in a state state. The Theory of Jean-Jacques Rousseau Part 2 Part 1 Exit Contents

Slide 21

Violence (internal violence) of one part of primitive society over another, according to Dühring, is the primary factor that gives rise to political system(state). As a result of such violent enslavement of some by others, property and classes also arise. The theory of Eugene Dühring Exit Contents

Slide 22

The state arises as a result of the desire of people (herds, communities) to expand their influence and power, to increase their well-being; this leads to wars, and as a consequence to the emergence government system, as well as to the emergence of property and social stratification of the population. Gumplowicz also argued that states were always founded by a minority of alien conquerors, i.e. a stronger race, a winning race. Theory of Ludwig Gumplowicz Exit Contents

Slide 23

The state arises as an apparatus of coercion of the conquerors (the victorious tribe) over the vanquished. And already within the framework of a forcibly united community of victors and vanquished, a ruling class is formed from the victorious tribe, and a class of the exploited is formed from the defeated tribe. Kautsky also tried to prove that with the further development of society, the state is transformed into an instrument of universal harmony, into an organ for protecting and ensuring the common good of both the strong and the weak. The theory was adopted by Nazi Germany as its official ideology. Karl Kautsky's Theory Exit Contents

Slide 24

He reduces law to legal emotions of an imperative-attributive nature. The imperative nature of legal emotions is revealed as a state of connectedness of the individual’s will, experienced in the form of authoritative urging and pressure towards a certain behavior. The attribution of legal emotions consists in the fact that similar (obligated) behavior of one person is due to another person. The state and official legislation are considered as “projections” of legal experiences, as “phantasms” of the psyche. Theory of Lev Petrazhitsky Exit Contents

Slide 25

The basis of all law is individual consciousness, therefore law as a distinction between interests and public order expresses not the objectively given subordination of the individual to society, but the subjective idea of ​​the individual himself about the proper order public relations. Also government- this is not someone’s will, but a force arising from the mental ideas of citizens about their dependence on the state. Those. power is a force conditioned not by the will of the ruler, but by the consciousness of the dependence of the subject. Theory of Nikolai Korkunov Exit Contents

Slide 26

The entire history of mankind, including the transition from a primitive state to a state and further development social and political-legal institutions, is determined by such primary factors, as discovery (invention) and imitation. Moreover, the essence of every discovery and invention in social, political and legal life people is adaptation as a way to resolve social contradictions. The initial individual discoveries in the conditions of primitive society were incoherent, then they were gradually systematized and harmonized. As a result of this process of harmonization, in addition to grammar, religion, morality, art, a system of laws and government also appeared. Tarde Theory Exit Contents

Slide 27

According to this theory, law and the state arise, function, develop and still exist and act as two interconnected components of an essentially unified way, order and form of being, recognition, expression and implementation of people’s freedom in their social life. Historically, freedom manifests itself in the process of decomposition of primitive society and differentiation of its members into free and unfree. Law and the state, which replaced the norms and institutions of power of primitive society, precisely represent a universal and the required form normative and institutional recognition, expression and protection of this freedom in the form of legal personality and state subjectivity of individuals in private and public affairs and relations. The subsequent world-historical progress of freedom is at the same time the progress of the corresponding legal and state forms of existence, the consolidation and implementation of this freedom. Other theories of the origin of the state Libertarian legal theory Exit Contents

Slide 28

According to this theory, the state originated from the owner's right to land (patrimonium). From the right to own land, power automatically extends to the people living on it. Feudal suzerainty is justified in a similar way. Patrimonial theory Exit Contents

Slide 29

Author The presentation was created and prepared by Aslan Avsetov, a student of grade 9b at Ilyinskaya Basic School. Materials - www.ru.wikipedia.org Music - Sergey Uschipovsky - Running of the Clouds (Album “Balance of Elements”) January 2010 Home Exit Contents

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Slide text: Completed by: Mutsurova Karina, student of grade 11a, Municipal Educational Institution “Lyceum No. 6”

Slide text: The State is me... Louis XIV

Slide text: The state is a special organization of power and management that has a special coercive apparatus and is capable of making its orders binding on the population of the entire country.

Slide text: Theological or religious Patriarchal Contractual Theory of violence Psychological Irrigation Racial Organic Class Economic

Slide text: Theological theory Author: Thomas Aquinas The essence of the theory: The state, like everything earthly, has divine origin. The procedure for the emergence of a state is similar to the process of creation of the world by God. Disadvantages of the theory: Adherents of the theory appeal not to knowledge, not to evidence, but to faith. They argue that people are still not able to comprehend the full depth of the Divine plan and therefore should simply believe that everything on Earth was created by God. Thomas Aquinas

Slide text: Authors: Aristotle, Filmer, N.K. Mikhailovsky The essence of the theory: The state is a product of the natural development of the family, during which the family grows into a clan, the clan into a tribe, and the tribe evolves into a state. Accordingly, the power of the head of the family turns into the power of the head of state. Disadvantages of the theory: The state and family perform different functions in society. Aristotle

Slide text: Authors: G. Grotius, T. Hobbes, D. Locke, J.-J. Rousseau, P. Holbach, A. N. Radishchev The essence of the theory: The state arose as a result of a social contract, according to which people who were before that, in a primitive state, they renounced part of their rights and freedoms in exchange for guarantees of personal safety. Disadvantages of the theory: Various groups of people with specific interests could not agree in the absence of government structures. G. Grotius

Slide text: Authors: K. Kautsky, L. Gumplowicz The essence of the theory: The state is the result of conquest. The state is interpreted as an organization of rule by conquerors in order to support and strengthen their dominance over the conquered. Disadvantages of the theory: Violence was often not the cause, but only an accelerating factor in the formation of the state. K. Kautsky

Slide text: Authors: L.I. Petrazhitsky, G. Tarde The essence of the theory: The reasons for the emergence of the state are rooted in the characteristics of the human psyche. Some people have a psychological need to command the weak, while others have a psychological need to obey the stronger. Disadvantages of the theory: The human psyche is not primary in relation to socio-political reality, but, on the contrary, is formed under the influence of the latter. L.I. Petrazhitsky

Slide No. 10

Slide text: Author: K. Vitfogel The essence of the theory: The state arises as a result of the need of society for the constant implementation of large-scale work on the creation of irrigation canals and irrigation structures. Disadvantages of the theory: The state appeared before the start of irrigation work and made it possible to organize such large and coordinated actions of the population. K.Wittfogel

Slide No. 11

Slide text: Authors: Zh.A. de Gobineau, F. Nietzsche The essence of the theory: The state appeared as a result of the division of society into higher (Aryans) and lower (Slavs, Jews, gypsies, etc.) races. The state is necessary so that some races dominate over others. Disadvantages of the theory: Science does not see a connection between racial differences in people and their mental abilities. Zh.A. de Gobineau

Slide No. 12

Slide text: Author: G. Spencer The essence of the theory: The state is similar to the human body, therefore its essence can be explained by analogy with the laws of anatomy and physiology. Disadvantages of the theory: The theory does not fully reveal the reasons for the emergence of the state. G.Spencer

Slide No. 13

Slide text: Authors: K. Marx, F. Engels The essence of the theory: The state arose as a result of the split of society into classes with irreconcilable interests. An organization was needed to regulate the relations between them. Disadvantages of the theory: The division of society into classes was a leading state-forming factor only in Europe. K. Marx, F. Engels

Slide No. 14

Slide No. 15

Slide text: Modern approaches to the problem of the limitations of these theories are based on the fact that it is very difficult, if not impossible, to identify the factor that determines the process of the emergence of a state in all regions and among all peoples.

Theories
origin
states
Completed by: Rozhkova A.R.
Student in the cadet corps training center YuPK
-

The state arose from
growing out of
generation after generation
families
The power of the monarch
identified
with the authority of the father
over family members
-

Founders:
Founders:
Plato and
Plato and
Aristotle
Aristotle

Founders: Plato and Aristotle

Founders:
Plato and
I thought that
Aristotle
state
is
yourself
natural
form
human
life

Perfect
state
there must be
based on
principle
virtues.
Structure identity
states
structure of the soul.

CONFUCIUS
State -
big family,
subordination
Family, according to
ruler
Confucius, small
not being built
state:
only on fear
father's power
but also on the filial
absolute
love and
like the power of deference
sovereign

IMAGE OF THE GOVERNMENT ACCORDING TO CONFUCIUS

Patriarchal theory

Advantages
Formation
respect for
state
authorities,
unity
society
Flaws
Denial of specificity
states and
state
authorities, their
quality
differences from family and
paternal authority

Theories
origin
states
Emergence
states -
Divine will
-
All power is from God
gives her
obligation and
holiness

Founders: Plato and Aristotle

Founders:
Founders:
Plato and
Augustine
Aristotle
Blissful
(354-430)

Augustine's doctrine of the "two cities"

In the earthly city
a person's love for
it comes to this
contempt for God
through the Church
it is possible to connect two
gradov, moral and religious justification
states
In the city of heaven,
on the contrary, love for
God gets it
self-contempt
IDEA
CHRISTIAN
EMPIRES

Founders:
Thomas
Aquinas
(1224(25)- 1274)
He said that the process of emergence and development
state and law is similar to the process of creation
god of the world.

HUMAN LAW
DIVINE
LAW

Thomas Aquinas's teaching on the four types of laws

–
application
eternal law to
human
life: aspiration
for the good of people
birth of children
and so on.

sphere
positive law,
law of the state.
Thomas recognizes the right
people to revolt,
if the sovereign
will violate
natural law

Thomas Aquinas's teaching on the four types of laws

Theological theory

Advantages
Strengthens
civil
consent and
spirituality;
Prevents
violence
Flaws
Not scientific
(supporters
no appeal
to knowledge and
evidence,
and to faith)

3.Theories of the origin of the state.

Theories
origin
states
State
there is a certain
public
an organism consisting of
individual people like
living organism
consists of cells
-

Founders: Plato and Aristotle

Founders:
Founders:
Plato and
Herbert
Aristotle
Spencer
(1820-1903)
English philosopher and
sociologist, one of
ancestors
evolutionism

Herbert Spencer's IDEA

Organic theory

Advantages
Biological
factors influenced
for the appearance
states, because
the person is
creature
biosocial
Flaws
It is forbidden
all the patterns
inherent
biological
evolution,
extend to
social
organisms

3.Theories of the origin of the state.

Theories
origin
states
The state arose in
result
public
agreement, according to
-
to which people
refused part
rights and freedoms in favor
states, in exchange for
personal guarantee
security

Founders

G. Grotius
(1583-1645)
Holland
D. Locke
T. Hobbes
(1632-1704)
(1588-1679)
England
England
P. Holbach
J.-J. Rousseau
(1723-1789)
France
(1712-1778)
France
A.N. Radishchev
(1749-1802)
Russia

Founders: Plato and Aristotle

The most fruitful period in
development of natural law and its theory,
their heyday
in scientific
Founders:
legal and philosophical literature
Plato
And
are considered XVII-XVIII
centuries
Aristotle
During this period, ideas of natural law
actively used, developed and
supported by many greats
thinkers and educators, thanks to
through whose efforts the school was formed
natural law, which had a huge impact
influence on the process of further development
as national (within individual
countries) and international law

Liberalism of D. Locke

NATURAL HUMAN RIGHTS
OWN
LIFE
FREEDOM
A

State and law are a product of conscious creativity, like
the result of a contract entered into by people who were previously in
"natural", primitive state.
The state is rational
bringing people together based on agreement
between them, by virtue of which they transmit
part of your freedom, your power
to the state.
Individuals isolated before the origin of the state turn into
one people.

Liberalism of D. Locke

The idea of ​​public
agreements: the task of the state
– property protection
“THE STATE IS A COMMUNITY OF PEOPLE
INSTALLED ONLY FOR
SAVINGS AND INCREASES
CIVIL GOODS"

The concept of T. Hobbes

Selfishness is the basis of human
nature. People want the same thing
or for material benefits
there is a “war of all against
everyone."
"Natural"
(pre-state) state
characterized by the absence
morality, others
social institutions.

The state arises when
people realize that "the war is all
against everyone" leads to
self-destruction.
People agree to give
to the state part of their freedom
in the name of security
(“social contract”).

As a result, the rulers and
society arises
complex of mutual rights and
responsibilities and
respectively -
responsibility for
failure to comply with the latter.

Thus, the state has the right to accept
laws, collect taxes, punish
criminals, etc., but is obliged to protect
their territory, the rights of citizens, their
property, etc.
Citizens are required to obey the laws
pay taxes, etc., in turn they
have the right to protection of freedom and
property, and in case
abuse of power by rulers
terminate the contract with them even by
overthrow.

RELATIONS OF THE STATE AND SOCIETY

NEGATION
POLITICAL RIGHTS
OF THE PEOPLE
CIVIL
LAW
LIMITS
NATURAL
PEOPLE'S RIGHT TO
NAME OF THE WORLD, HE
LEAD TO GOOD
LOYALTY –
MAIN POLITICAL
PROPERTY OF A CITIZEN

In the Russian Federation, natural law theory is actually accepted as
official state legal doctrine.
For example, the provision of Part 2 of Art. 17 of the Constitution of the Russian Federation
speaks of the inalienability of rights that
belong to every person from birth. Those.
none legislature can't cancel
none of the “generally recognized” human rights.
In modern conditions, the doctrine of natural
law is especially actively used for
justifications for the restoration of private property,
social stratification, priority
individual interests over public ones.

Contract theory

Advantages
Democratic
content,
are justified
natural rights
people on
formation
state
authorities, as well as on its
overthrow
Flaws
Ignored
objective
external factors,
influencing
state
(socioeconomic,
military-political)

3.Theories of the origin of the state.

Theories
origin
states
The state arose in
result
economic
development of society.
-
The state arises
there and then, where
division occurs
societies into classes

1818-1883
1820-1895

Basis –
economic basis
society
PRODUCTIVE
E POWERS–
tools,
subject of labor and
skills and abilities
of people.
PRODUCTIONAL
E RELATIONS relations by
about
property

The superstructure is spiritual life, it depends on the base

The phenomena of the “superstructure” include morality,
religion, law, art, etc.
The right is part of the superstructure.
The class nature of law: law as
expression of the will of the ruling class.
The state is an expression of will
the ruling class, its
exploitative nature.

F. ENGELS
1820-1895
"The state arose out of the need
keep class antagonisms in check;
since it at the same time arose in themselves
collisions of these classes, then it is
as a general rule is a state
the most powerful, economically
the ruling class, which
government assistance also becomes
politically dominant class and
thus acquires new funds
to suppress and exploit the oppressed
class...
With the disappearance of classes will inevitably disappear
and the state. A society that is new
organizes production based on
free and equal association
manufacturers, will send all
the state machine to where it will be

IN AND. Lenin (1870-1924)

The state arises as a result
the split of society into classes, therefore,
the essence of the state lies in
suppression of one class by another
THE STATE IS A MACHINE FOR
MAINTAINING THE DOMINANCE OF ONE CLASS
TO OTHERS. (V.I. LENIN)

Founders: Plato and Aristotle

The basis of the origin of state and law
economic factor is recognized.
Founders:
Other factors are insignificant
Platonnai
character. The state arises
a certain level
development
Aristotle
productive forces, characterized
the split of primitive society into classes with
opposite economic
interests. These interests are
antagonistic, that is, irreconcilable
character.
Functions of the state - special
means of control, primarily violence,
restrain class warfare by protecting

Materialist (class) theory

Advantages
It is based on
socioeconomic
factor
society
Flaws
Underestimation
national,
religious,
psychological,
military-political and other
reasons

3.Theories of the origin of the state.

Theories
origin
states
The state arose
as a result
conquest.
-
Cause
origin
states in
use of violence
some people over
others.

The doctrine of socio-economic formations. "Base" and "superstructure"

Theory of violence

Founders of the theory of external violence

L.Gumplowicz
1838-1909
K. Kautsky
1854-1938
A state is formed as a result of conquest by a strong
a weaker tribe.
As a result of this conquest, a division arises into
classes, but the coercive apparatus created
victors to control the vanquished, turns
to the state.

Ludwig Gumplowicz
Polish-Austrian sociologist and
statesman:
“History does not present us with any
one example where
the state did not arise with
through an act of violence, or in some other way.
Moreover, this has always been
violence of one tribe over
to others, it was expressed in
conquest and enslavement of more
a strong alien tribe more
weak, already sedentary
population."

Founders: Plato and Aristotle

Founder of the theory
internal violence:
Founders:
E. Dühring (1833-1921)
Plato and
Aristotle
German philosopher, professor
mechanics, political scientist, lawyer
The state arises
as a result of violence
one part of society
over the other,
majority over
minority

Theory of violence

Advantages
Elements of violence
really
were inherent
process
emergence
some
states
Flaws
In addition to military-political
factors
are also present
and socio-economic, etc.

3.Theories of the origin of the state.

Theories
origin
states
The state arose in
as a result of manifestation
human psyche.
-
People feel
need to live in
team,
obey
personal authority

Sigmund Freud (1856 – 1939)

The state appears
in connection with the property
human psyche:
people's need
in power over people
desire
obey, imitate.

Lev Iosifovich Petrazhitsky (1867-1931)

explains
emergence of the state
manifestation of factors
human psyche,
his inclinations
to the hostel,
search for authority

Psychological theory

Advantages
An indication that in
education process
large state
play a role
psychological
factors and what
different interests
people are realized
only through the psyche
Flaws
You can't bring everything down
social life
only to
psychological
interaction between people
and explain life
states common
laws of psychology

3.Theories of the origin of the state.

Theories
origin
states
-
State
arose in
as a result of the ban
incest
(incest
between
relatives).

Claude Lévi-Strauss (1908 – 2009) French ethnographer, sociologist

The need to follow
for compliance
incest ban
demanded the creation
in a special society
groups of people who subsequently
others began to perform
government functions

Incest theory

Advantages
Based on
real fact
stories
humanity:
transition from
endogamous
sexual relations
to exogamous
Flaws
Doesn't give complete
ideas about
reasons of origin
states
(process
reproduction of the species
carries animals too
complex character, but
the state is not
arises)

3.Theories of the origin of the state.

Theories
origin
states
-
The state arose
because of
needs of society
in constant
implementation
major works on
creation
irrigation canals
and irrigation
structures

WITTFOGEL Karl August (1896-1988) - German-American. ist, polit, phil.

Society in separate
Regions (Interfluve,
Egypt, China) cannot exist
without construction of irrigation
channels. Mobilize the masses of people
for construction can only
permanent organization
power and control, i.e. state.

Irrigation theory

Advantages
Based on
historical
facts. In these
areas,
it really was
rendered great
influence on creation
states
Flaws
Has local
character.
Can explain
process
origin
only in selected
areas of the earth
ball.

3.Theories of the origin of the state.

Theories
origin
states
-
State
arose in
result
sports development
in human
society

José Ortega y Gasset (1883 - 1955)

1883 - 1955
The emergence of the state
directly related to
origin
games and physical exercise, as well as sports in general, because
for the necessary physical education of the teenager
generation (caused by the development of productive forces in
society and the expansion of labor skills) were created
bodies whose functions were similar to those of the state.

Sports theory

Advantages
The basis is
facts from history
ancient Greek
states
(Olympic
games in Greece)
Flaws
Greece - no
the only place
where did it originate
state (others
peoples did not conduct
large-scale
sports
events)

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L. I. Petrazhitsky The original psychological theory of law was put forward by Lev Iosifovich Petrazhitsky (1867-1931) - professor Faculty of Law Petersburg University, Deputy I State Duma from the Cadets Party. His views are most fully outlined in the book “The Theory of Law and State in Connection with the Theory of Morality” (1907). After October revolution he moved to Poland and headed the department of sociology at the University of Warsaw. Petrazycki proceeded from the fact that law is rooted in the psyche of the individual. A lawyer would act wrongly, he argued, if he began to look for a legal phenomenon “somewhere in the space above or between people, in the “social environment”, etc., while this phenomenon occurs in himself, in his head, in his psyche, and only there." The interpretation of law from the position of individual psychology, Petrazhitsky believed, allows us to put legal science on the basis of reliable knowledge obtained through introspection (by introspection) or observations of the actions of other persons. The source of law, according to the theorist, is human emotions. Petrazycki called his concept “emotional theory” and contrasted it with other psychological interpretations of law, based on concepts such as will or collective experiences in the minds of individuals. Emotions serve as the main motivating (“motor”) element of the psyche. They are the ones who make people do things. Petrazycki distinguished two types of emotions that determine relationships between people: moral and legal. Moral emotions are one-sided and associated with a person’s awareness of his responsibility or duty. Moral standards are internal imperatives. If we give alms out of a sense of duty, Petrazhitsky gave an example, then we do not have the idea that a beggar has the right to demand some money. Legal emotions are a completely different matter.

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L. I. Petrazhitsky A sense of duty (obligation) is accompanied in them by an idea of ​​the powers of other persons, and vice versa. “Our right is nothing more than the debt of another person assigned to us, belonging to us - like our property.” Legal emotions are two-way, and those arising from them legal norms are attributive-imperative (representative-binding) in nature. Petrazycki's theory endlessly expanded the concept of law. He considered legal any emotional experiences associated with ideas about mutual rights and obligations. Petrazhitsky considered the rules of various games, including children's, rules of politeness, etiquette, etc. to be legal norms. His writings specifically stipulated that legal norms are created not by coordinating the emotions of participants in social relations, but by each individual individually: “Experiences that exist in the psyche of only one individual and do not meet with recognition from others do not cease to be law.” On this basis, Petrazhitsky admitted the existence legal relations with inanimate objects, animals and unreal entities such as God or the devil.

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