Law, State and Law
The basic theories of the origin of the state, from antiquity to the present day
State theories are hypotheses that explain the causes and circumstances of the emergence of the state, its meaning and the nature of the change. People have long thought about what this phenomenon is, for which such a complex form of organization of society is needed.
The causes of the origin of the state are called the most diverse, from the fantastic to the reducing all to the simplest psychic reactions. This difference in judgments is most likely due to subjective assessments of the authors.
In modern science, there are the following basic theories of origin
1. The divine (theological) theory. Power is given to the ruler by higher powers and is beyond doubt. God created people and created a form of power over them, so no matter how tyrannical it may be, citizens do not have the right to oppose it. The earliest of the theories arose on the basis of mythological and religious ideas.
2. The Patriarchal Theory. Developed by the ancient Greek scientist and philosopher Aristotle. It says that society is one big family, where the ruler (father) cares about his subjects (children) or punishes them for disobedience.
3. Contract theory. Originated in the 4th century. BC. E. In ancient Greece, the founders - the schools of the Sophists and Epicureans. This theory refutes the divine principle in the structure of the state and explains everything by "mechanisms of adaptation": in exchange for meeting their primary needs for protection, food and quiet sleep, people gave up their freedom
4. Organic theory. It compares the structure of the state with the structure of a living organism, where citizens are cells, and it depends on them how the whole
system. The most prominent representative of this trend, G. Spencer, believed that modern states are a product of natural selection, which proved to be more viable than its predecessors.
5. Theory of violence. States arise as a result of wars and conquests, where the defeated nation becomes a slavery class, and the victorious nation becomes the ruling class. The main theories of the origin of the state by force were developed by E. During, L. Gumplovsky, K. Kautsky.
6. Psychological theory. He argues that the state system and law arose due to the peculiarities of the human psyche, its need for subordination. The founder - Z. Freud - explained this need symbolically: at the dawn of mankind, sons killed their cruel forefather, who suppressed their sexual desires. Guided by a sense of guilt, they created God and rulers, and the order of the primitive horde was restored again. By the way, other basic theories of the origin of the state do not at all deny the psychological component, but do not attach so much importance to it.
7. The theory of racial inequality. Explains the emergence of the state order by the fact that all races are initially divided into slaves and slaveholders. This theory fascists used to justify the mass destruction of "second-rate" peoples.
8. The Marxist theory. Explains the emergence of the state economic reasons: the division of labor led to the emergence of classes and private property, and as a consequence, there was a need to protect accumulated material values.
So, after examining the basic theories of the origin of the state, it can be argued that each of them has the right to life, since it has significant grounds and historical facts.
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