Types of the state and its types as the basis of the legal characterization

The state as a legal phenomenon is investigated by scientists from different positions. But the most significant of them are the types and forms of the state. This study is devoted to this study.

Types of the state in terms of formational approach

For a long time, the typology of states that was considered to be the basic typology of national literature divided them into five main types: slave, eastern, feudal, bourgeois and socialist. This classification was based on the economic formation.

The eastern type was based on irrigated agriculture.

The slave state was characterized by the unlimited power of the monarch and those close to him. At the same time, slaves and indigent members of society were perceived as instruments of labor.

The feudal state basically relied on the right of ownership of land. Thus, state power was concentrated in the hands of those who possessed land plots and had the right to dispose of them at their own discretion.

The third type was already a bourgeois state, which preferred to turn to a formation based on the ownership of the means of production. At the same time, the power gradually acquired the character of a triumvirate, civil rights arose and, as a consequence, nominally equal opportunities.

The fourth type is a socialist state, which denies the right of ownership as such because of its uselessness. Power belongs to and is exercised by every citizen without prejudice to others. This type was recognized as a utopia.

Despite the sufficient validity of this division into state types, the formational approach is deservedly criticized. Identification as the only true economic development factor does not cover all existing countries, and therefore it is worth taking into account the civilizational approach.

Types of the state from the point of view of Toynbee's civilizational approach

According to him, the state as a phenomenon should be viewed from different positions: cultural, historical, religious, etc. Based on this classification, types of state based on cultural values were identified. The total number of them is 26 unique state formations, among which are the eastern and western Christian, Egyptian, Sumerian, Western European and others.

Unfortunately, this approach allowed the same error as the formational one, namely: a certain one-sidedness of the evaluation factors. Therefore, the types of state derived on its basis can only be perceived as auxiliary.

In defense of both systems, it should be noted that recently most legal scholars are inclined to combine both approaches in their studies.

Form of state - constituent elements

The state can be characterized not only from the point of view of its type, but also its form. In turn, the state form is a set of three basic elements: the state regime, administrative division and the form of government. However, the types of states are mostly subdivided on the basis of only the first characteristic, namely, the political regime. In this case, both democratic and undemocratic types should be taken into account.

In this regard, the following types of states are distinguished:

- totalitarian - in which a certain party dominates;

- authoritarian - built on the rule of one person;

- democratic - recognizing the power of the people as the highest value;

- Liberal - the highest degree of freedom in economic and political activity.

It should be noted that not all species can be characterized by their own type. Thus, it is impossible to relate the slave-owning type to the totalitarian species, or the liberal form with the Arab civilization.

The arguments presented above make it possible to assert that the types and forms of the state play a significant role in its characterization.