General patterns of the emergence of the state, its signs

The process of state formation is a 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 origin and development of the state.

Prenatal and clan system

The general patterns of the emergence of the state and law are deduced by historians in the process of studying the stages that have been held by society since ancient times. In the Stone Age, gathering, fishing, hunting, joint property was common. Approximately 40 thousand years BC. E. A patrimonial system appeared. People learned how to obtain fire, invented tools, and articulate speech began to form.

For 6-5 thousand years BC. E. Society has shifted from hunting and gathering to the basics of craftsmanship and basic farming. From this time began to emerge general patterns of the emergence, development and functioning of the state.

Mutual dependence of people

With the passage of time, the division of labor became more and more clear. As an isolated form of social activity, cattle breeding gradually began to be allocated. From agriculture began to separate the craft. Later merchants appeared - people engaged exclusively in exchange. At this stage of development of society, the dependence of individuals on each other increased. The primitive community began to form. In it, the family acted as a collective of relatives who had one ancestor and were leading a joint farm.

Matriarchy

During the period of the tribal community , the woman played the leading role. She was engaged in collecting, making utensils and clothes, raising children. Women were keeper of the hearth. Men engaged mainly in hunting. One of the reasons for establishing matriarchy was the inability to pinpoint the paternity of children. Therefore, inheritance went on the maternal line.

Decomposition of the primitive way of life

Considering the general laws of the origin and development of the state, it is necessary to pay attention to changes in the social structure of ancient people. In many ways they determined the subsequent stages of the formation of civilization. With the emergence of agriculture and cattle breeding, the role of men has grown substantially. From this moment the decay of the primitive community began. It was accompanied by:

1. The emergence of a surplus product, the accumulation and differentiation of property, property stratification.
2. The emergence of the need for a large number of labor for grazing and processing fields. This led to a change in the goals of wars. Battles began to be fought not for protection, but for robbery. Carrying out raids on other territories, people captured prisoners, turning them into slaves.
3. Allocating an individual family.

Specificity of management

In ancient times, power was in the general meeting of adult men. They addressed the issues of punishment for various misdemeanors of tribesmen, management, distribution of production. At meetings, tribal chiefs and elders were endowed with administrative powers. At the same time, the power of people who stood at the head of the clan, military commanders elected for the time of war, was based on their authority, respect for them.

The Council of Elders ruled the tribe. At the same time, there were no advantages for the leaders. They worked on a par with other tribesmen, they received the same share of production. The rights and duties of the members of the clan did not differ either. At this stage, cooperation, mutual assistance, unity of fellow tribesmen allowed solving various issues without serious confrontations.

The disintegration of blood ties

Causes and general patterns of the emergence of the state indicate a gradual awareness of the importance of people's competent management and leadership. Gradually, the functions of power began to separate. Began to form such areas as governance, military leadership, religious activities. There was a tribal bureaucracy. It was aimed at satisfying not only the joint interest, but also its own, group, class.

L. Morgan studied the general causes and regularities of the emergence of the state during this period. He noted that tribal bureaucracy gave birth to the regime of military democracy. In the society, a strong power of the leaders began to form. However, at the same time there were elements of collectivism.

The need for public authority

Mankind at some point has come to understand the need to form a qualitatively new organization capable of preserving and securing the life of the entire society as a single organism. So began to develop public authority. It was on the top step, it included special groups of people who were engaged exclusively in management and had the opportunity to use organized coercive measures. Such states emerged in North Africa and South Asia. Among them, in particular, we can distinguish India, Babylon, China, Dr. Egypt, Assyria, Persia.

Causes and general patterns of the emergence of the state

Taking into account the information outlined above, several conclusions can be drawn. Causes and general patterns of the emergence of the state were based on the following factors:

• 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, changing conditions for the distribution of values, increasing the population, dividing it into heterogeneous groups.
• Need to maintain order in the tribe. He ensured social stability, which was achieved by introducing mandatory norms for all.

General patterns and prerequisites for the emergence of the state are also related to the need to suppress the discontent of the exploited masses and, at the same time, to ensure the protection of their territory. Resistance arose in connection with the stratification of the tribe into separate classes. The wars were organized not only for defense, but also for seizing new territories and captives.

The general laws of the emergence of the state, briefly, were associated primarily with the emergence of new goals in people's lives. To meet the growing needs, it was necessary to form a reliable and effective management system.

General patterns of the emergence of the state, its signs

The presence of closed settlements was one of the key features of early formations. They preserved the remnants of the old patrimonial system, which held back the formation of statehood. A characteristic feature was the widespread use of collective property. Private property also existed, but their share was insignificant.

Collective was considered state, temple, communal property. In the course of time, fundamental changes took place in it. In particular, the royal and temple property passed to the state. Public authority began to confer priests, servants, rulers on material values. Gradual property and social stratification contributed to the advancement of isolated groups to a certain extent. Priests, large military commanders, 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 usually acted despotism. In the early states there was unlimited hereditary monarchical power.

Theories

General patterns of the emergence of the state and law have been studied by different scientists. The authors put forward various theories, the most common of which are the following concepts:

1. Patriarchal.
2. Theological.
3. Private negotiation.
4. Organic.
5. Theory of violence.
6. Materialistic.

Patriarchal concept

Adherents of this theory - Aristotle, Mikhailovsky, Pokrovsky. In its framework, the following ideas are put forward:

1. The general patterns of the emergence of the state are associated with the formation of a patriarchal family, their totality and the emergence of villages, which later merged.

2. A person is seen as a political animal entering into relationships with other people for survival.

3. The state is thus represented as the result of family relations. The monk's power is interpreted as the authority of the father (patriarch).

Theological theory

Its followers - Thomas Aquinas, Augustine, Aurelius. Within 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 justifies the domination of the clergy over secular power. Everyone must submit to the God who established the statehood, obey the norms sanctioned by the church.

The assertion of the dominant position of the clergy was carried out within the framework of the concept of "two swords". In accordance with this, the church, not having the capacity to solve earthly problems, transferred some of its powers to the sovereigns, who in turn act in the role of her servants and masters of other people. Theological theory promotes the idea of eternity and the inviolability of public authority. From this comes the assertion about the need to preserve in the unchanged form all state-legal institutions existing in the society.

Contract concept

This theory was promoted by Spinoza, Grotsky, Rousseau, 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 regarded as an act of reasonable will. The unification of individuals into a single union is regarded as a natural demand for ensuring 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 occurring in the human body. In the 19th century, Spencer explained this idea. He pointed out that the state is a social organism. It consists of separate individuals. Each person is identified with the body cell.

State institutions are equated, in turn, with parts of the body. Controls are identified with the brain, finances 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, Gumplowicz, Dühring. The concept connects the general laws of the emergence of the state with military actions, the violent subordination of others by others. People conquer new territories, capture captives. The area under their control expands, requires management. To implement this task, special bodies are formed that support order.

Materialistic conception

The general laws of the emergence of the state (the Neolithic revolution) boil down to economic factors that contributed to the split of society into classes with opposite interests. This theory was put forward by Marx. Subsequently, it was developed by Engels, Lenin, Plekhanov. As the basis for the division of people is the emergence of private property.

Norman theory

This concept explains the process of the emergence of a state called Rus. It should be said that this theory even now is controversial. In accordance with the concept, the Russian state arose at the stage of internecine wars of princes.

Normans believe that the Rusich were not able to independently form government bodies. They waged a constant struggle for territory. In addition, there was a constant danger from neighboring tribes. In view of internal disunity, Rusichs could not effectively fight off the attackers. As a result, in 862, Rurik, Sineus and Truvor were drafted for the reign of the Varangians.

Formation of the legal system

General patterns, the causes of the emergence of the state and law in many ways similar. This is due to their unified nature and historical relationship. Accordingly, considering the emergence of law, one can also talk about theological, natural, materialistic and other concepts. Meanwhile, scientists identify several basic theories. Among them:

1. 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 have become a consequence of the improvement of traditions and customs that have developed over many centuries. The functions of the state include tracking and fixing the most rational of them in the form of mandatory rules of conduct.
2. A conciliatory concept. This theory says that the legal system acts as a means of regulating the relations between the warring associations of people.

There is one more concept - regulative. She points out that the right arose when there was a need to establish a single order of interactions in society. The legal system has become a universal tool for the formation of rules.