LawState and Law

Civil society and the state: briefly on the relationship

Before talking about the relationship between the state and civil society, it is necessary to determine what civil society is. How is it different from any other types of society? In civil society, without any exception, the rights and freedoms of people are ensured. The state plays a key role in this process, since it is the guarantor of the well-being of its inhabitants. A modern democratically elected government can not prevail over people. It does not prevent the society from living in self-government mode.

Similarities and differences

The present civil society and the state, in short, can not co-exist without a plurality of opinions. Freedom of speech is an important attribute of this relationship. At the same time, there are many differences between civil society and the state.

The fundamental characteristic of the power apparatus is subordination - the rule of subordination of officials to each other according to the nomenclature ladder. Free society is based on the principle of free coordination. People within this system are on equal footing. Their cooperation begins with the same aspirations and desire.

General nature

The state can not exist without society, from which it is allocated. People living together need a certain political organization and sovereign power. It is necessary to protect common interests. It is on this principle that the relationship between such structures as civil society and the state is based. Briefly about their "neighborhood" reasoned the ancient philosophers. For example, thinkers of ancient Greece were building different theories about the nature of political power.

First of all, the state consists of the population, that is, human society. It can also be called a people. However, there is some difference between the two terms. The people are a large social group whose members have common cultural features and historical consciousness. People of one nation, as a rule, oppose themselves to representatives of other ethnic groups. Today, several peoples live on the territory of many states. With all their differences, political power is equally extended to them. The interrelation of civil society and the state, briefly, should exclude the possibility of conflicts between peoples living in the same "house".

The origin of civil society

For many centuries, civil society and the state have developed in parallel. Briefly describe this evolution can be as follows.

At the initial stage, there was a folding of the prerequisites for the emergence of civil society. First in the form of a theoretical idea. The term "civil society" appeared in the XVIII century. And the researchers of that time used this formulation in a slightly different sense than today. For example, in 1767 the Scottish philosopher Adam Ferguson called civil society the main sign of European civilization in general.

This example shows an important characteristic of the consciousness of the inhabitants of the Old World of that era. In antiquity, the Middle Ages and until the XIX century, people believed that there are no such differences that would have among themselves a civil society and the state. Briefly explain this logic can be thought that the population was not recognized as independent. There have not yet been formed democratic institutions, instruments of self-regulation. People have always looked at power as a god given a natural and unlimited right of monarchs. To go against this principle and to contest it was considered, if not a crime, then a stupidity.

Scientific view

Today's notion of civil society has emerged thanks to the works of Francis Bacon, Thomas Hobbes, John Locke, Jean-Jacques Rousseau, Charles Montesquieu and some other thinkers. In the XVIII century the stage of the birth of the first modern democracies began. It was the struggle against absolute monarchies that gave impetus to the comprehension of the changes in the European society.

Gradually, humanitarian science was able to formulate the principle that civil society and the rule of law interact (it can be briefly described as a "social contract"). Power and people need certain settings, "rules of the game," regulating their relationship. Civil society appears at a time when the political system recognizes the human right to freedom, emphasizes the importance of its private property, economic independence. Independent personality - that's what the most progressive society is built around. Without it, growth of well-being and stability is impossible.

Linking legislation

In what other spheres is the interaction of civil society and the state manifested? To put it briefly about the points of their intersection, it is impossible not to mention the legislative side of this issue. The foundations of public and state life are fixed in the Constitution. This main law is a legal model of society. With the help of the constitution, citizens can protect their interests in the event of conflicts and disputes. Enforcement of established norms helps to establish a firm and effective legal order in society.

The Constitution is the main law, but in addition to it there are many other laws. All together, they are divided into several groups that regulate a certain sphere of society. Also, there are by-laws that help clarify each specific case of their enforcement.

Judicial factor

An independent court is another tool that determines the relationship between the rule of law and civil society. Briefly about its influence must be mentioned, if only because it is with his help that people can achieve the implementation of laws.

The court is the main conductor of the Constitution. And if the document itself is only a declaration, then through a competitive process, society translates these written principles into practice.

Protection of public interests

For the functioning of an effective political model, there is a need for mutual responsibility, with which civil society and the state must relate to each other. Philosophy briefly and at the same time capaciously answered the question about the format in which these relations should exist.

The state assumes the responsibility to protect all its citizens. The main tool that corrects the behavior of power is the law. He excludes administrative arbitrariness and does not allow the state to destroy an independent civil society.

Separation of powers

State activities are divided into several types: executive, judicial and legislative. The author of this concept was Montesquieu. Formulating his epoch-making theory in the book "On the Spirit of Laws", he relied on the search of his no less famous predecessors: Aristotle, Plato and Locke. The principle of separation of powers was the foundation for the Declaration of Human Rights, adopted in France in 1879.

The application of this model is the best example of how the state, law and civil society coexist together. A brief description of this relationship can be found in the example of the parliament, the legislative body. In a legal state, he is independent of the president and makes independent decisions. Thus, these two institutions represent a counterbalance to each other. They are also accompanied by an independent court. This triad gives rise to a balance of interests. No force can establish a dictatorship and impose its opinion on others. This is how the rights and freedoms of all residents of the country are respected, because both the president and the parliament are elected by people. Thus, the principle of popular representation is implemented. In making decisions, the deputies actually only implement the aspirations of their constituents. So civil society affects life in the country, makes it better and more convenient. If the parliament or the president violates the rights of people, they can go to court and, again, protect their interests with the help of legitimate tools.

Equality of power

Traditionally, it is considered that the legislative power is supreme, because laws are immutable for all. But it is not absolute either. The executive branch has many rights, in particular it can introduce legislative initiatives, as well as use the right of veto. At the same time, it is obliged to comply with the Constitution and other officially adopted norms.

As for the court, it is equally important for both one person and the whole state. This institution should be independent of political squabbles, intrigues and individual sympathies. Only in this way will it be able to maintain a fair balance between civil society and the state. Briefly examining the principles of the work of all branches of power, it must also be noted that their division in no way means a fundamental contradiction. In the event of a struggle between state institutions, as a logical continuation, corruption begins to grow, followed by an economic recession and a decline in people's well-being.

Rights and freedoms

The rights and freedoms of citizens can be divided into three main groups. The first is political. This includes the freedom of peaceful assembly, the right to participate in elections (to be elected and to elect) and in government. A much more serious civil group. It consists of the fundamental aspects of human freedom: movement, life, freedom of speech, thought, etc.

If the state does not protect these principles, it takes the path of dictatorship and totalitarianism. Also important is the third group of freedoms and rights, affecting the economic, cultural and social aspects of people's lives. For example, this includes the most important principle of inviolability of private property.

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