And states. Among them are theological, organic, contractual, violence and others. The most ancient is the theological theory, since religion arose long before the formation of states and the customs that existed between people were based precisely on it. It has not lost its significance even now: it is widespread in countries such as Saudi Arabia, Iran and others.
The word "theology", translated from Latin language, means “the doctrine of God” (theos - god, logos - doctrine). Theological theory has its origins in ancient world. The ideas of the divine origin of law, the state, and its institutions arose in Egypt. To a greater extent, the theory became popular during the development of feudalism. Its most famous and early representatives are Aurelius Augustine and Thomas Aquinas.
Theological is based on the postulate that it appeared according to God's will. Based on this, it was concluded that its institutions are holy, eternal, unshakable and their emergence and abolition do not depend on human will. Rulers express God's will on earth. Therefore, people must accept power and the state as a given, recognize the power of the clergy, and not try to change the order established by the Lord.
The theological theory was developed in the teachings of Aurelius Augustine, who divided the human race into “two cities” - those living “according to God” and “according to human laws.” Man is a weak creature who is unable to avoid sin and create a perfect society on earth. Justice can only prevail according to the eternal order established by God.
In the 12th-13th centuries, the theory of “two swords” was developed in Western Europe. Its essence is that the founders of the church had 2 swords. They sheathed one of them, which they kept for themselves, since it was not appropriate for the church to use it. The second was handed over to the sovereigns, giving them the right to punish and command people. The sovereign, therefore, is the servant of the church. The theory was aimed at strengthening the church, indicating its priority over secular power.
At the same time, the teaching of Thomas Aquinas developed, who argued that the process of the emergence of the state and its development is similar to the process of the creation of the world by God. Thus, before leading the world, the Lord brings harmony and organization into it. The monarch, in turn, before managing the state, initially establishes and arranges it. The main works of Thomas Aquinas are “Summa Theologica”, “On the Government of Rulers” and others.
In accordance with the teachings of Thomas Aquinas, the theological theory of the origin of law is based on the fact that everything legally is connected to each other by threads of subordination. At the top is the eternal law, which is contained in God. All other laws are derived from it. Natural, positive and divine laws are also distinguished. The first is a reflection of the eternal law in the human mind. It prescribes striving for procreation and self-preservation, obliges us to respect the dignity of people and seek the truth. Positive law aims to achieve virtue through the use of force and under pain of punishment. The Divine law is contained in the Bible and is necessary due to the imperfection of the human mind and the fact that the positive cannot completely destroy evil.
The advantages of the theory are that it helps to strengthen spirituality and strengthen harmony, prevents revolutions, violence, civil wars, redistribution of property and power. People became more law-abiding, fearing sin. The main disadvantage is that theological theory is not based on scientific knowledge, but is based only on faith. In addition, the church has repeatedly abused its power and suppressed progress and free thought.
The main and most well-known theories of the emergence of the state include:
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theological (religious, divine);
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patriarchal (paternal);
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contractual (natural law);
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organic;
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psychological;
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irrigation;
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violence (internal and external);
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economic (class).
Theological theory
Theological (religious) theory dominated in the Middle Ages. Its representatives were many religious figures Ancient East, medieval Europe, Christian philosophers and theologians (Thomas Aquinas - 1225 - 1274 XIII centuries, Aurelius Augustine (Blessed - 354 - 430 AD), the ideology of Islam and modern catholic church(neo-Thomists - Jacques Maritain, Mercier, etc.). Currently, it, along with other theories, is widespread in Europe and on other continents, and in a number of Islamic states (Iran, Saudi Arabia, etc.) it is of an official nature.
The essence theological theory that the state arose by the will of God. Consequently, the state, its institutions, power:
Eternal, unshakable and holy;
Their emergence and abolition do not depend on man;
They are exponents of the will of God on earth.
The modern version of theocratic theory is Christian democratic concept state, based on emphasizing the uniqueness and intrinsic value of each person, his respect on the part of the state, the care of every citizen for society, the individual and the state, as well as assistance from the state to those who cannot provide for themselves on their own: people with disabilities, the unemployed, children, elderly people.
Patriarchal theory
The founder of patriarchal theory is considered ancient Greek philosopher Aristotle (384-322 BC). He believed that people, as collective beings, strive for communication and the formation of families, and the development of families leads to the formation of a state. According to Aristotle, state power is a continuation and development of paternal power.
In China, this theory of the state as big family developed by Confucius (551 - 479 BC). He likened the power of the emperor to the power of a father, and the relationship between rulers and subjects - family relations, where the younger ones depend on the elders and must be loyal to the rulers, respectful and obey the elders in everything. Rulers must take care of their subjects like children.
R. Filmer (XVII century) in his work “Patriarch” argued that the power of the monarch is unlimited, since it comes from Adam, who received his power from God. Therefore, Adam is not only the father of humanity, but also its ruler. Monarchs, as successors of Adam, inherited their power from him.
In a more modern era, it was developed by Filmer and Mikhailovsky.
The essence of patriarchal theory the emergence of the state is that, according to its authors, the state arises according to the family model (that is, the state is a kind of “big family” consisting of many ordinary families). The state arises from a family that grows from generation to generation, and the welfare of society is impossible without royal (paternal) care.
Consequently, the power of the ruler (king) is a continuation of the paternal power in the family. Main disadvantage theory is a direct identification of the state and the family, the power of the monarch and the father.
Negotiable(natural law) theory
Social contract theory was formulated in the works of early bourgeois thinkers and became widespread in the 17th - 18th centuries. The theory of the social contract opposed the feudal class state, arbitrariness, and inequality of people before the law. Its authors and supporters at different times were:
Hugo Grotius (1583 - 1646) - Dutch thinker and jurist;
John Locke (1632 - 1704), Thomas Hobbes (1588 - 1679) - English philosophers;
Charles-Louis Montesquieu (1689 - 1755), Denis Diderot (1713 -1783), Jean-Jacques Rousseau (1712 - 1778) - French educational philosophers;
A. N. Radishchev (1749 - 1802) - Russian philosopher and revolutionary writer, etc.
The theory put forward by these authors also received the name natural law ornatural law. Most concepts include the idea of “natural law,” i.e., the presence of inalienable, natural rights received by every person from God or from Nature.
The works of many representatives of this school substantiated the right of the people to a violent, revolutionary change in the system that violates natural rights (Rousseau, Radishchev, etc.). This provision was also reflected in the US Declaration of Independence.
The essence contractual (natural law) theory in that, according to its authors, the basis of the state is the so-called "social contract" which is as follows:
. initially people were in a pre-state (primitive) state, in “ natural state”, which was understood differently by different authors (unlimited personal freedom, war of all against all, general prosperity - “golden age”, etc.);
. everyone pursued only their own interests and did not take into account the interests of others, which led to a “war of all against all,” as a result of which an unorganized society could destroy itself;
. to prevent this from happening, people entered into a “social contract”, by virtue of which everyone renounced part of their interests for the sake of mutual survival;
. as a result it was created Institute for Coordination of Inter- resov, life together, mutual protection - state.
The theory of social contract had great progressive significance.
Significant disadvantage This theory is its idealism.
Organic theory
This theory was put forward in the second half of the 19th century by the English philosopher and sociologist Herbert Spencer (1820 - 1903), as well as by the scientists Worms and Preuss, Bluntschli, in connection with the successes of natural science, although some similar ideas were expressed much earlier. Some ancient Greek thinkers, including Plato (IV-III centuries BC) compared the state with an organism, and the laws of the state with the processes of the human psyche.
The emergence of Darwinism led to the fact that many lawyers and sociologists began to extend biological laws (interspecific and intraspecific struggle, evolution, natural selection, etc.) to social processes.
The essence organic theory of the emergence of the state in that the state arises and develops like a biological organism:
= people form a state, like cells form a living organism;
= state institutions are like parts of the body: rulers - the brain, communications (mail, transport) and finance - the circulatory system that ensures the activity of the body, workers and peasants (producers) - the hands, the lower classes realize internal functions(ensure its vital activity), and the ruling classes are external (defense, attack), etc.;
= between states, as in a living environment as a result natural selection the fittest survive (that is, the most intelligently organized, as in the 7th century BC - 4th century AD - the Roman Empire, in the 18th century - Great Britain, in the 19th century - USA) . In the course of natural selection, the state is improved, everything unnecessary is discarded ( absolute monarchy, a church cut off from the people, etc.).
Disadvantages organic theory is:
Direct projection of biological laws onto the life of society;
Strong influence of Darwinism;
Identification of the state with biological organism, while it is a social organism.
Founder psychological theory of possibilitythe decline of the state The Polish-Russian lawyer and sociologist L. I. Petrazhitsky (1867 - 1931) is considered. This theory was also developed by 3. Freud and G. Tarde.
This theory claims that the emergence of the state is associated with the properties of the human psyche:
♦the desire to be protected and to obey the stronger;
♦the desire of the powerful to command other people;
♦the ability of strong personalities to exert a psychological influence and subjugate others to their will;
♦the desire of individual members of society not to obey society and to challenge it - to resist authority, to commit crimes, etc. - and the need to curb them.
The authors of the theory believe that the predecessor of state power was the power of the elite primitive society- leaders, shamans, priests, which was based on their special psychological energy, with the help of which they influenced other members of society.
Advantages of psychological theory: it is partly fair. The desire for communication, dominance, and submission are indeed inherent in the human psyche and could well have influenced the process of state formation.
Disadvantages of psychological theory: this theory does not take into account other factors (social, economic, political, etc.) due to which the state arose.
Theory of violence
The theory of violence as the main factor in the emergence of the state has been put forward by various authors over the centuries. One of the first to put it forward was Shang Yang (390 - 338 BC), a Chinese politician.
This theory was developed by: Eugene Dühring (1833 - 1921) - German philosopher; Ludwig Gumplowicz (1838 - 1909) - Austrian jurist and sociologist; Karl Kautsky (1854 - 1938).
Reason of origin and basis political power and they saw states in conquest, violence, and the enslavement of some tribes by others. In some cases, violence was external in nature (external violence), in others it originated within society itself (internal violence).
At internal violence - in society, one group of people forcibly subjugates the rest of the population (L. Gumplowicz). At external violence, the state was necessary and arose to manage conquered tribes and territories (conquest, enslavement, colonial policy) (F. Oppenheimer). This group of theories of the emergence of the state includes class theory of K. Marx. It is based on the division of society into antagonistic classes and the state is the organ and means of violence of the ruling class.
Violence was usually expressed in appropriation of material goods and means of production to the strong (militaryfemale) minority:
. collection of tribute by vigilantes;
. expansion of territories subject to the king (feudal lord);
. fencing (eviction of peasants and appropriation of land);
. other forms of violence.
To maintain established order violence was also required (officials, army, etc.), and the need arose to create a “protective apparatus” of the won goods.
The emergence of the state is thus considered as the implementation of the pattern of subordination of the weak to the strong
In favor of the theory of violence What it says is that it (violence) is indeed one of the main factors on which the state is based. For example: tax collection; law enforcement; recruitment of the armed forces.
Many other forms government activities supported coercive force of the state(in other words, by violence) in the event that these duties are not fulfilled voluntarily.
Many states were created through violence (for example, overcoming feudal fragmentation in Germany (“with iron and blood” - Bismarck), in France, the collection of Russian lands around Moscow (Ivan III, Ivan IV, etc.).
A number of large states were created by conquering and annexing other states: the Roman Empire; Tatar-Mongol state; Great Britain; USA, etc.
Disadvantage The theory of violence is that violence (despite its important role) was not the only factor that influenced the emergence of the state. In order for a state to emerge, a level of economic development of society is necessary that would allow it to maintain state apparatus. If this level is not reached, then no conquests by themselves can lead to the emergence of a state. And in order for a state to emerge as a result of conquest, internal conditions must already have matured by this time, which took place during the emergence of the German or Hungarian states.
Irrigation (hydraulic)theory
Irrigation(water) theory of the emergence of the state was put forward by many thinkers of the Ancient East (China, Mesopotamia, Egypt), partly by K. Marx (“ asian way production"). Its essence is that the state arose for the purpose of collective farming in the valleys of large rivers through the effective use of their waters (irrigation).
Individualistic peasants could not use the resources of large rivers on their own. For this it was necessary to mobilize the efforts of all people living along the river. As a result of this, the first states arose - Ancient Egypt, Ancient China, Babylon.
This theory is confirmed by the fact that the first states arose in the valleys of large rivers (Egypt - in the Nile Valley, China - in the Yellow River and Yangtze valleys) and had an irrigation basis in their appearance.
What speaks against the theory is that it does not explain the reason for the emergence of states not located in river valleys (for example: mountain, steppe, etc.).
Economic(class) theory
The emergence of this theory is usually associated with the names of K. Marx and F. Engels, often forgetting their predecessors, such as L. Morgan. Sometimes you can come across its other name - the Historical-materialist concept. The meaning of this theory is that the state arises as a result of the natural development of primitive society, primarily economic. This provides the material conditions for the emergence of state and law and determines changes in society, which also represent important causes and conditions for the emergence of state and law.
The historical-materialist concept includes two approaches .
First of these, the dominant one in Soviet science, assigned a decisive role to the emergence of classes and the intransigence of the struggle between them: the state arises as a product of this intransigence, as an instrument of suppression of other classes by the ruling class.
Second The approach proceeds from the fact that as a result of economic development, society itself, its productive and distribution spheres, and its “common affairs” become more complex. This requires improved management, which leads to the emergence of a state.
According to this theory, the state arose on a class-economic basis:
♦ there was a division of labor (agriculture, cattle breeding, crafts and trade);
♦ a surplus product has arisen;
♦ as a result of the appropriation of other people's labor, society was stratified into classes - the exploited and the exploiters;
♦ private property and public power appeared.
♦ to maintain the dominance of the exploiters, a special coercive apparatus was created - the state.
Incest (sexual) theory
The prohibition of incest (incest) of close relatives is the original social fact in the separation of man from the natural world, the structuring of society and the subsequent emergence of the state (Levi-Strauss)
Sports theory
The emergence of the state is directly related to the origin of games and physical exercise, as well as sports in general (Ortega X. Gasset)
Diffusion theory
The state arises as a result of the transfer of management experience in large detachments human community from one people to another or as a result of the spread of the experience of state-legal life to those regions of the globe where it has not yet been used (XIX-XX centuries) (Grebner).
Specialization theory
The state is the result of the emergence of specialization in the field of managerial (political specialization), which took place along with specialization in production sector(economic specialization) (T. V. Kashanina)
There are other theories of the emergence of the state.
Representatives: Aurelius Augustine (354-450), Thomas Aquinas (1225-1274), Joseph de Maistre (1753-1821), neo-Thomists.
Contents: The oldest surviving sources reflecting the content of this theory are the Bible; Laws of King Hammurabi.
The name comes from the Greek word "theos" - God. In the countries of the Ancient East, the theological theory of the origin of the state was the only one. According to theological theory, the state is a product of the divine will (“all power comes from God”). The laws of King Hammurabi (state that “The gods appointed Hammurabi to rule over the “blackheads”). Theological theory is a reflection of the fundamental foundations of Eastern despotism - the principle of the divine origin of the state and state power.
Aurelius Augustine argued that state power and the state originate from God, and the reason for their creation was the fall of people. Monarchs do not establish power themselves; it belongs to them not by blood, not by birth, not by choice, but by the will of God. In exceptional cases, God directly appoints a ruler. This was the case with the people of Israel when Moses was appointed ruler by God. In other cases, the will of God is manifested through the natural course of events, through the action of the norms of positive (written) law. Here, Divine predestination is reflected not directly, but indirectly.
Thomas Aquinas believed that only the principle of power itself comes from God, and the state is the work of people. The most important task of the state is to provide people with a righteous life.
Joseph de Maistre, based on a theological concept, defended royal absolutism in France even at the beginning of the 19th century.
Patriarchal theory of the origin of the state.
Representatives: Confucius (551-479 BC), Aristotle (384-322 BC), R. Filmer (1604-1688).
Contents: Patriarchal theory considers the emergence of the state directly from an expanded family, and the power of the monarch is constructed from the power of the father over the members of his family.
Aristotle believed that the state is a natural form human life that outside the state, communication between people is impossible. People are social creatures and strive to unite. The first such association is the patriarchal family. An increase in the number of families and their unification lead to the formation of a state. State power is a continuation and development of paternal power. Thus, according to the teachings of Aristotle, the state is a product of natural development, arising as a result of the emergence and growth of the family.
The theory found its development in the 17th century in the work of the Englishman R. Filmer “The Patriarch”. R. Filmer tried, relying on the Bible, to prove that Adam, who, in his opinion, received power from God, then transferred this power to his eldest son - the patriarch, and he to his descendants - the kings. Thus, biblical family Adama was seen as the embryo of statehood.
In Russia, patriarchal theory was actively developed by sociologist, publicist, and populist theorist N.K. Mikhailovsky, historian M.N. Pokrovsky.
Psychological theory of the origin of the state
Representatives: L. I. Petrazhitsky (1867-1931), 3. Freud (1856 -1939).
Contents: The emergence of the state is explained by the properties of the human psyche, the individual’s need to live in a group, the desire to command and obey. Fraser believed that people feel the need to obey force and that force is the state. As evidence, representatives of the theory refer to examples of dependence human consciousness from the authority of chiefs, religious and political leaders.
Contract theory of the origin of the state
Representatives: T. Hobbes (1588-1679), B. Spinoza (1632-1 1677), G. Grotius (1583-1645), D. Locke (1632-1704), J.-J. Rousseau (1712-1778), A.N. Radishchev (1749 – 1802).
Contents: Individual elements of this theory were developed by philosophers Ancient Greece and Ancient Rome. However, in his classic look the contract theory appeared only in the 17th-18th centuries. and received widespread in modern times, simultaneously with the emergence of the theory of the rule of law and the theory of separation of powers.
Representatives of this theory believed that the state arose as a result of an agreement, that is, a contract between people who, being in a state of nature, were forced to wage a “war of all against all.” By virtue of the agreement, people delegated part of their rights to the state in exchange for its protection and patronage, passing into a legal state. If the terms of the agreement are violated, then the people have the right to revolution.
J.-J. Rousseau, in his famous work “On the Social Contract, or the Principles of Political Law,” connected the implementation of the principle of popular sovereignty with the idea of a social contract. In his opinion, the purpose of the contract is to find a form of association that protects and protects by common force the person and property of each of the members of the association and thanks to which each remains as free as before.
J.-J. Rousseau puts forward and develops the idea of direct popular government, because, according to the social contract, “only general will may direct the forces of the state in accordance with the purpose of its establishment, which is the common good."
A.I. Radishchev believed that the state does not arise as a result of some Divine Providence, but as a consequence of a silent agreement between members of society in order to jointly protect the weak and oppressed; that state power belongs to the people, is transferred by them to the monarch and must be under the control of the people. People, entering the state, only limit, but do not lose their natural freedom. From here he derived the right of the people to revolt and revolutionary overthrow the monarch if he abuses power and allows arbitrariness.
Theory of violence (conquest)
Representatives: E. Dühring (1833-1821), L. Gumplowicz (1838-1909), K. Kautsky (1854-1938).
Content: States arise exclusively for military-political reasons, as a result of the conquest of some tribes by others. To consolidate the power of the conqueror over the conquered people, to use violence against them, a state is created. According to E. Dühring, violence is necessary to keep conquered peoples in obedience. For this purpose, a special coercive apparatus is created - the state, and its instrument is law. L. Gumplowicz argued that history does not present a single example where the state arose not through an act of violence, but in some other way. The state has always appeared as a result of the violence of one tribe over another; it was expressed in the conquest and enslavement by a stronger alien tribe of a weaker, already settled population.
Irrigation theory of the origin of the state.
Representatives: K. A. Vitfogel.
Contents: The emergence of states is associated with the need to build giant irrigation structures in the eastern agricultural regions (in Mesopotamia, Egypt, India, China, etc.). This need leads to the formation of a class of intellectual managers who establish an irrigation system, on the functioning of which the survival of the entire society depends. As a result, this class gains power over the entire society. An extensive management apparatus is being created aimed at ensuring uninterrupted functioning irrigation system and control over the participation of the entire population in a single production and life cycle.
Organic theory of the origin of the state
Representatives: G. Spencer (1820-1903).
Contents: According to this theory, humanity arose as a result of the evolution of the animal world - from lower to higher. Further development led to the unification of people in the process of natural selection, struggle with neighbors into a single organism - a state in which the government performs the functions of the brain, controls the entire organism, using, in particular, law as impulses transmitted by the brain. The lower classes implement the internal functions of the state (ensure its vital activity), and the ruling classes - external functions(defense, attack). Thus, the state is equated to the human body, since it is the result of the action of natural forces. It is also endowed with independent will and consciousness. The theory received its greatest development in late XIX- early 20th century
Marxist theory.
Representatives: K. Marx (1818 -1883), F. Engels (1820 - 1895), V. I. Lenin (1870 - 1924).
Contents: The main written source of Marxist theory is the work of F. Engels “The Origin of the Family, Private Property and the State” (1884)
The state arises as a result of the natural economic development of primitive society. In accordance with the Marxist-Leninist approach, the emergence of classes plays a decisive role in the origin of the state. The state arises as a product of class intransigence, as an apparatus for the suppression of other classes by the ruling class.
In accordance with the general materialist approach, the decisive importance was not the class structuring of society, but economic development society, the development of its productive forces and distribution relations, which required the improvement of management and led to the emergence of the state.
Both in the past and in the present, various authors - scientists and politicians - have tried to explain the reasons for the emergence of such an important institution of human society as the state. There are many theories on the origin of the state. Of all the theories of the origin of the state that exist today, the oldest and most traditional is the theological or religious theory. The essence This theory is quite simple. It boils down to the fact that the state, like everything earthly, has a divine origin. It is generally accepted that the most authoritative representative of religious theory is the medieval thinker Thomas Aquinas, who at one time was, as it were, the “official ideologist” of the Vatican, i.e., the Catholic Church. According to Thomas Aquinas, the procedure for the emergence of a state is similar to the process of creation of the world by God. Before we begin to lead the world. God decided to bring harmony and organization into it. For this purpose he founded the state. With the help of the state, God rules the world. His activity on Earth is personified by monarchs, since their power is “from God.” Monarchs are endowed by God with the right to command people, but they themselves are only servants of the church.
The theological theory of the origin of the state, which arose in the mainstream of the Christian religion, today preserves great value not in Christian, but in Muslim countries (in particular, the countries of the Arab East), where the concept of the state is inextricably linked with the idea of the caliphate - the ideal form of organization of the Muslim community. According to Muslim dogmas, the idea of creating such a state was inspired by the Prophet Muhammad by Allah himself. The Prophet carried it out by concentrating all power in the state in his hands.
Theological theory is very vulnerable from a scientific point of view. Historical facts prove that the state is created not by God, but by people. Even the Prophet Muhammad, acting, as he claimed, according to the will of Allah, himself organized an army and captured Mecca. But at the same time, the peculiarity of the theological theory of the origin of the state lies precisely in the fact that its supporters appeal not to knowledge, not to evidence, but to faith. They argue that people are still unable to comprehend the full depth of God's plan, and therefore they should simply believe that everything on Earth was created by God - including the state.
Pros of the theory:
1) The state appears with a monoreligion;
2) Theory allows you to establish order in society;
3) Reflects the objective decisions of that time, namely, the first states were theocratic;
Minus- is unscientific because it cannot be used to prove or disprove the origin of the state.
10. Social contract theory.
The concept of “Social contract” (“social contract”) first appeared in the works of philosophers Thomas Hobbes (XVII century) and Jean-Jacques Rousseau (XVIII century). It was after Rousseau’s book “On the Social Contract” (1762) that this concept became popular in European politics and social science. These ancient authors, speaking about the social contract, had the following in mind. People by nature have inalienable natural rights - to freedom, to property, to achieve their personal goals, etc. But the unlimited use of these rights leads either to a “war of all against all,” that is, to social chaos; or to the establishment of a social order in which some cruelly and unjustly oppress others, which, in turn, gives rise to a social explosion and, again, chaos. Therefore, it is necessary that all citizens voluntarily renounce some of their natural rights and transfer them to the state, which - under the control of the people - will guarantee law, order and justice.
A person loses his natural freedom, but gains civil freedom (freedom of speech, the right to vote in elections, the ability to unite in unions). A person loses the natural right to obtain property for himself (to grab everything that is bad, to take it from the weak), but acquires the right of ownership. This is the “Social Contract” in the old sense. At present, only its core remains of this concept, namely: to achieve a social order that suits everyone, or at least the majority, we need effective mechanisms for coordinating the interests of individuals and public institutions.
A social contract is not a document that must be signed by representatives of all interested organizations, as well as all interested individuals. In principle, such a document cannot be drawn up, since its volume would be infinite, and its exact execution would be impossible. The basis of the new Social Contract is a constant negotiation process between the subjects of civil society and the subjects of political society. Civil society is individual citizens, non-governmental organizations, political associations and the free economy represented by entrepreneurs and employees. Political society consists of state institutions, government agencies and the public sector of the economy.
Dialogue is needed in all directions and at all levels. We need negotiations within civil society. Negotiations within political society are needed. Of course, negotiations are needed between individual subjects of civil and political society. In principle, negotiations between civil and political societies as a whole are possible - for example, during parliamentary discussions or large public commissions such as the Constitutional Conference or the Constituent Assembly.
The social contract is a negotiation process.
A social contract is not a document to be signed. However, during the negotiation process, the possibility of signing separate agreements between individual negotiators cannot be ruled out. Such agreements are necessary to fix specific rules of the game in specific sectors of business or politics.
This theory is one of the oldest. Despite the fact that the divine justification of the state and law took place in ancient times, the theological theory was formulated in its entirety at the beginning new era. Its most famous representatives are Augustine Aurelius and Thomas Aquinas. In the 20th century modern interpretation Theological theory was proposed by Jacques Maritain and other theologians and jurists who tried, not unsuccessfully, to combine the achievements of science with religious dogmas.
According to this theory, the state and law are divine institutions, the embodiment of the will of God. Representatives of this theory defend the idea of the eternity of the state, the dependence of the state on the divine will. Even in Ancient Egypt, Babylon, and Judea, there was a widespread version that the gods are the source of power for the earthly ruler, while remaining at the same time the supreme rulers of all earthly affairs.
These ideas received a particularly wide revival during the development of feudal relations. At the turn of the XII–XIII centuries. V Western Europe The “two swords” theory is spreading. It assumes that the founders of the church had two swords. They sheathed one and kept it with them. They handed over the second sword to the sovereigns so that they could carry out earthly affairs. The sovereign, according to theologians, is endowed by the church with the right to command people and is a servant of the church. The main point of this theory is to assert the priority of the spiritual organization over the secular one. Such omnipotence of the church led to the distortion of religious teachings and church obscurantism.
By the middle of the 13th century. the teachings of the famous theologian Thomas Aquinas appear. He argued that the process of the emergence and development of state and law is similar to the process of God’s creation of the world. Divine intelligence rules the entire world. It underlies nature, society, the world order, and every individual state.
This doctrine pursued two main goals: proving the divine origin of state power; subordination to the secular authority of the church. Religion, according to F. Aquinas, must justify the need for the emergence and existence of the state. In turn, the state is obliged to protect religion.
Religious teachings about the origin of state and law have supporters in modern world. The most prominent representative of neo-Thomism, Jacques Maritain, tried to combine traditional religious philosophy ideas about the divine origin of state and law with the provisions modern science. Maritain's teaching represents one of the options for modernization social theory Catholicism in relation to the conditions of a highly developed industrial society. The “ears of clericalism” appear very clearly in this teaching. However, the provisions of Maritain's teaching on the inexhaustibility of natural human rights deserve attention. “The Declaration of Human Rights will never be exhaustive or final. It will always depend on the level of moral consciousness and on the level of civilization in a given period of history” (an almost materialistic formulation). According to Maritain’s views, the implementation of these rights with the help of the church will lead to the establishment of Christian democracy, that is, “a secular state structured in a Christian way.”
Recognition of social rights of the individual along with the right of private property makes it possible to avoid the vices of both capitalism and socialism, Maritain believed. He defended the ideas of the third way of development of society.
The ideas expressed back in Ancient Rome that in the process of emergence, development and decline of the state, social mores play a decisive role. Although, in principle, it is probably impossible to deny the influence of social mores on the fate of the state. This is evidenced by the fall of such largest state entities like Babylon Roman and Russian Empire, USSR, where the moral foundations of society were undermined, hypocrisy and hypocrisy, and other manifestations of moral degradation became widespread.
But these factors cannot in the full sense be called the root cause. Although they play a certain role in the process of state decline, they are more likely a consequence of relapses in economic and social development society.
Main feature theological theory is that its representatives never set themselves the task of explaining the process of the origin of the state. Their main task is to justify state power. Official religious doctrines proceed from the fact that God, when creating the state and law, did not directly indicate the persons exercising power, specific forms of government, government structure, political regime etc.
The question of the reliability of this theory is related to the question of faith.
