The basic theories of origin

During the whole era of the existence of philosophy, jurisprudence, politics, a large number of different doctrines and theories about law and the state were formed. Diversity, on the one hand, is due to the fact that each concept reflects the subjective opinion of scientists or different judgments and views of some or other classes. On the other hand, such diversity is due to the multifaceted nature of such phenomena as state and law. In addition, there are also different views on those or other aspects of the process of the formation of these or other political systems. At the heart of these views and judgments there are always different economic, financial and other interests.

There are various theories of the origin of the state. The main ones are:

1. Theological (divine, religious).
2. Fatherly (patriarchal).
3. Natural-legal (contractual).
4. Organic.
5. Irrigation.
6. Psychological.
7. Class (economic).
8. The theory of internal and external violence.

The first dominated the Middle Ages. Today, it is quite common both in Europe and in other areas, as well as in some Islamic countries (Saudi Arabia, for example). Theological theory has an official character. Its essence lies in the fact that the political system is of divine origin, and power is given by the will of God.

Patriarchal theory was advocated by Aristotle. In his opinion, all people, being collective beings, tend to communicate and form families, which, in turn, leads to the emergence of the state. This concept was later developed by Confucius. In a later period, her followers became Mikhailovsky and Filmer. In general, according to this theory of the origin of the state, the emerging political system is one large family consisting of many other ordinary families.

The natural-legal concept of state formation appeared in the writings of early bourgeois thinkers. It began to spread in the 17-18 centuries. According to this theory of the origin of the state, each citizen was provided with the presence of natural, inalienable rights, received from Nature or from God. But this concept was considered too idealistic.

The organic theory of the origin of the state arose in the 19th century, in the second half. Its adherents were Spencer, Preuss, Worms and others. The essence of this concept is that the development of the state is analogous to the development of the biological organism.

The psychological theory was formulated by Petrazhitsky (a Polish-Russian sociologist and lawyer). In his view, the emergence of the state occurred under the influence of the special properties of the human psyche. These properties include, in particular, the desire to be protected, the desire to rule, to subordinate others to one's will, and also the desire of some members of society not to obey the rules and challenge it.

The theory of violence was advanced by various authors. One of the founders is Shan Yang (Chinese politician). According to this theory of the origin of the state, the main role belonged to the seizure, enslavement by some people of others. The political system, according to the followers of this concept, is formed through violence, both external and internal (arising within the society itself).

The economic (class, Marxist) theory of the origin of the state is connected with the names of Engels and Marx. However, the founder of this concept is Morgan. According to this theory, the state was formed as a result of the natural development of society. Mainly, the emphasis is on economic development, since it is not only able to provide material conditions, but also to determine changes in the society.