The origin of the state and law - theories that suit all

The state, however, like the law, is a phenomenon without which today's existence of peoples is inconceivable. Therefore, legal scientists have made attempts to determine their formation, which began, by the way, even in the period before our era. That is why a whole series of theories explaining the origin of the state and law was worked out.

The first theory is divine, it is also theological. According to her, the reasons and conditions for the emergence of the state and law were laid by the higher mind. Or, proceeding from the fact that the founder of this theory was Thomas Aquinas, the will of the Lord God. It was believed that the state is the highest form of organization of the people, and the covenants handed down by God must take the form of law. At the same time, the state should be governed by a single person - the monarch, who in essence is "the governor of God on earth." This theory perfectly reflected the realities of the Middle Ages. It is worth noting that in the modern world there are states that are built on this basis. At the same time they reflect not only the Christian faith.

The second theory is patriarchal. The origin of the state and law, according to it, is based on the postulate of the family's sacredness. So, the ancestor of the state is the family, which in the course of its development has grown to the size of the country. And the source of law according to this theory is the will of the father of the family (the patriarch). In principle, until the twentieth century such views had the right to be and even more, were reinforced by the very fact of the existence of absolute monarchies. The history of the state and law of Russia partially confirms this theory.

The third theory, it's the theory of violence. According to her, the reasons and conditions for the emergence of the state lie in the principle of survival of the strongest. Authors, including K. Kautsky and E. During, argued that in the development of human society there always existed the need for submission and leadership of the strongest over the weak. Therefore, the apparatus of "legalized violence" was created and the norms that ensured the actions of the strong, who subsequently obtained the status of rights.

The fourth theory is patrimonial. It is based on the fact that the origin of the state and law is based on the ownership of land plots. Thus, the formation of the state as a legal phenomenon is due to the fact that around one individual most of the land suitable for cultivation was concentrated. The rest were forced to take these areas for rent on the terms that the landowner put forward. It was these conditions that in the future received the status of law.

The theory is the fifth, it is also negotiable. The origin of the state and law was based on a social contract. J.-J. Rousseau, Hugo Grotius and many other Enlightenment figures gave the world the idea that the state arose because at one point people agreed to unite in a special organization and hand over some of their rights to manage a certain group of the most prominent persons. As a result, the latter worked out acceptable norms for the majority of behaviors, which were a right.

The sixth theory is psychological. Spencer, Trubetskoi, Petrazhitsky and Freud pointed out that the state could be formed only on the condition that some want to govern, while others (in much larger numbers) obey. They explained this by the fact that the character of a person is arranged either by the first principle or by the second principle. Therefore, it is necessary to create a structure that takes into account the above trends.

The theory of the seventh is materialistic. Pulled out by Marx and Engels, she explained that the state came out of the transformed primitive communal system, and the right - out of privileges and taboos. The impetus for such changes was socio-economic factors.

It can not be said that any of the theories is the only true one. The history of the state and law of Russia more than once proves this postulate. After all, in-depth study provides an opportunity to confirm both elements of the materialistic, and postulates of the theory of violence, and arguments patriarchal and patrimonial. What once again proves that the problem of the formation of the state and law still has to be worked on.