The process of state formation represents the transition of human society from the stage of the primitive communal system to civilization. It has a fairly long duration. Let us further consider what are the general laws of the emergence and development of the state.
Prenatal and clan system
The general laws governing the emergence of the state and law were derived by historians in the process of studying the stages that society has gone through since ancient times. In the Stone Age, gathering, fishing, hunting, and joint ownership were widespread. About 40 thousand years BC. e. tribal system appeared. People learned how to make fire, invented tools, and articulate speech began to form.
For 6-5 thousand years BC. e. society moved from hunting and gathering to the basics of crafts and basic farming. Since that time, the general laws of the emergence, development and functioning of the state began to emerge.
Mutual dependence of people
Over time, the division of labor became clearer. As a separate form of social activity, cattle breeding gradually began to stand out. Craft began to separate from agriculture. Later merchants appeared - people engaged exclusively in exchange. At this stage in the development of society, the dependence of individuals on each other intensified. A primitive community began to form. In it, the clan acted as a collective of relatives who had one ancestor and led a joint household.
Matriarchy
During the tribal community , the woman played the leading role. She was engaged in gathering, making utensils and clothes, raising children. Women were the guardians of the hearth. Men were mainly engaged in hunting. One of the reasons for the establishment of matriarchy was the inability to accurately establish paternity of children. Therefore, inheritance was maternal.
The decomposition of the primitive
Considering the general laws of the emergence and development of the state, it is necessary to pay attention to changes in the social system of ancient people. In many ways, they determined the subsequent stages of the formation of civilization. With the advent of agriculture and animal husbandry, the role of men has grown substantially. From this moment began the decomposition of the primitive community. It was accompanied by:
- The emergence of surplus product, the accumulation and differentiation of property, property stratification.
- The emergence of the need for a large amount of labor for grazing and cultivating fields. This led to a change in the goals of wars. Battles began to be fought not for defense, but for robbery. Carrying out raids on other territories, people captured prisoners, turning them later into slaves.
- Allocation of an individual family.
Management specifics
In ancient times, power was in the general meeting of adult men. They solved the issues of punishment for various misconduct of fellow tribesmen, management, distribution of prey. At meetings, tribal leaders and elders were vested with administrative powers. Moreover, the power of the people who stood at the head of the clan, the military leaders elected during the war, was based on their authority, respect for them.
The Council of Elders ruled the tribe. At the same time, the leaders did not have any advantages. They worked along with other tribesmen, received the same share of production. The rights and obligations of members of the clan also did not differ. At this stage, cooperation, mutual assistance, unity of fellow tribesmen made it possible to resolve various issues without serious confrontations.
Decay of blood relations
The causes and general patterns of the emergence of the state indicate a gradual realization by people of the importance of good governance and leadership. Gradually, the functions of power began to separate. Directions such as management, military leadership, and religious activity began to take shape. A tribal bureaucracy arose. It was aimed at satisfying not only a joint interest, but also its own, group, class.
The general causes and patterns of the emergence of the state during this period were studied by L. Morgan. He noted that tribal bureaucracy created a regime of military democracy. A strong power of leaders began to take shape in society. However, there were elements of collectivism.
The need for public authority
At a certain moment, mankind came to understand the need to form a qualitatively new organization capable of preserving and ensuring the life of the whole society as a single organism. So public authority began to take shape. She was at the top step, included special groups of people who were engaged exclusively in management and had the opportunity to apply organized coercive measures. Such states arose in North Africa and South Asia. Among them, in particular, we can distinguish India, Babylon, China, etc. Egypt, Assyria, Persia.
Causes and general laws of the state
Taking into account the information presented above, several conclusions can be drawn. The causes and general patterns of state emergence were based on the following factors:
- The need to improve management. This was due to the complication of people's lives in connection with the division of labor, the expansion of economic affairs, changes in the conditions for the distribution of values, an increase in the population, its division into heterogeneous groups.
- The need to maintain order in the tribe. He ensured social sustainability, which was achieved by the introduction of mandatory norms for all.
The general laws and prerequisites for the emergence of the state are also associated with the need to suppress the discontent of the exploited masses and at the same time ensure the protection of their territory. Resistance arose in connection with the stratification of the tribe into separate classes. At the same time, wars were organized not only for defense, but also for the capture of new territories and captives.
The general laws of the emergence of the state, in short, were mainly associated with the emergence of new goals in people's lives. To meet growing needs, it was necessary to establish a reliable and effective management system.
General patterns of the state, its signs
The presence of closed settlements was one of the key features of early formations. They preserved the remains of the former clan system, which restrained the formation of statehood. A characteristic feature was the wide distribution of collective ownership. Private ownership also existed, but their share was insignificant.
Collective was considered state, temple, community property. Over time, fundamental changes took place in it. In particular, the royal property was transferred to the state. Public power began to endow priests, servants, rulers with material values. Gradual property and social stratification contributed to the forefront of to some extent isolated groups. Priests, large military leaders, the aristocracy began to stand out. They left the ruling class. Peasants and artisans were considered free community members. There were also slaves and other dependent people. As a form of government, despotism was usually used. In the early states there was unlimited hereditary monarchical power.
Theories
The general laws governing the emergence of the state and law have been investigated by various scientists. The authors put forward various theories, the most common of which are the following concepts:
- Patriarchal.
- Theological.
- Negotiated.
- Organic
- Theory of violence.
- Materialistic.
Patriarchal concept
Adherents of this theory are Aristotle, Mikhailovsky, Pokrovsky. The following ideas were put forward within its framework:
1. The general laws governing the emergence of the state are associated with the formation of the patriarchal family, their totality and the emergence of villages, which subsequently united.
2. A person is considered as a political animal, entering into relationships with other people for survival.
3. The state is thus represented as a result of family relations. The authority of the monk is interpreted as the authority of the father (patriarch).
Theological theory
Its adherents are Thomas Aquinas, Augustine, Aurelius. In the framework of this concept, the general laws of the emergence of the state are associated with the divine origin of the world, the purpose of which is the realization of the common good. This theory substantiates the rule of the clergy over secular power. Each person must humble himself before God, who established statehood, obey the standards authorized by the church.
The assertion of the dominant position of the clergy was carried out in the framework of the concept of "two swords". In accordance with it, the church, not being able to solve earthly problems, transferred part of its authority to the sovereigns, who, in turn, act as its servants and lords of other people. Theological theory promotes the idea of eternity and the inviolability of public authority. From this comes the assertion that it is necessary to maintain unchanged all state legal institutions that exist in society.
Contractual concept
This theory was promoted by Spinoza, Grotsky, Russo, Hobbes, Kant, Radishchev, Kozelsky. The concept connects the general laws of the emergence of the state with the formation and improvement of contractual relations, the entry into which is considered as an act of reasonable will. The unification of individuals in a single union is regarded as a natural requirement to ensure justice, order, freedom and the preservation of the human race.
Organic concept
It was promoted by Aristotle and Plato. This concept identifies the general laws of the emergence of the state with the processes taking place in the human body. In the 19th century, Spencer clarified this idea. He pointed out that the state is a social organism. It consists of individual individuals. Each person is identified with the cell of the body.
State institutions are equated, in turn, with body parts. Governing bodies are identified with the brain, finance and communications - with the circulatory system, legislation - with the central nervous system and so on. Like the body, the state is under the influence of time. It appears (is born), grows, grows old and dies.
Theory of violence
It was promoted by Kautsky, Gumplovich, Dühring. The concept connects the general laws governing the emergence of the state with military operations, the forced subjugation of some individuals by others. People conquer new territories, capture captives. The area under their control is expanding and requires management. To implement this task, special bodies are formed that maintain order.
Materialistic concept
The general laws of the emergence of the state (Neolithic revolution) come down to economic factors that contributed to the split of society into classes with opposing interests. This theory was put forward by Marx. Subsequently, it was developed by Engels, Lenin, Plekhanov. The basis for the separation of people is the emergence of private property.
Norman theory
In the framework of this concept, the process of the emergence of a state called Rus is explained. It should be said that this theory is still controversial. In accordance with the concept, the Russian state arose at the stage of internecine wars of princes.
Normanists believe that the Russians were not able to independently form governing bodies. They fought constantly for territory. In addition, there was always danger from neighboring tribes. Due to internal disunity, the Russians could not effectively deal with the attackers. As a result, in 862 the Varangians Rurik, Sineus and Truvor were called to reign.
Formation of the legal system
The general laws, causes of the state and law are very similar. This is due to their unified nature and historical relationship. Accordingly, considering the emergence of law, we can also talk about theological, natural, materialistic and other concepts. Meanwhile, scientists identify several basic theories. Among them:
- Historical concept. Its representatives consider the legal system not as a result of the functioning of the state, but in the form of a product of the “national spirit”. Legal norms were the result of improving traditions and customs that have developed over many centuries. The functions of the state include tracking and securing the most rational of them in the form of mandatory rules of conduct.
- Reconciliation concept. This theory says that the legal system acts as a means of streamlining relations between warring associations of people.
There is another concept - regulatory. She points out that law arose when it became necessary to establish a unified order of interactions in society. The legal system has become a universal tool for shaping rules.