Law as the basis and means of state power in the early class societies.
Right in the early class societies is the basis and means of government. The law is a system of mandatory, formally defined, established and protected by the state rules of behavior that express the will of those in power of political forces.
Right in this comes directly from the state, is a regulator of social relations, and is characterized by systemic, non-personification and dynamism. Law is a social regulator. Social regulation is necessary to ensure the normal functioning of society. The essence of social regulation is to influence people's behavior and activities. In society, there is a system of social controls, consisting of the following elements: customs, i.e. rules of conduct created by the multiple repetition and transmission from generation to generation, morality, i.e. standards of conduct that reflect the people's ideas of good and bad, of right and wrong, etc. Sanctions for violations of the moral act, on the one hand, man's conscience, and on the other hand, a public reprimand, corporate norms that regulate relations in the workforce, the rule of law, which are stated or authorized by the state, and their implementation is provided by coercive power of the state. In addition, they generally binding and regulate social relations, securing the rights and responsibilities of the participants.Essentially right arises for the same reasons as the State. Right arises and is formed simultaneously with the state. It regulates the social relations in the society as whole and certain social forces. The ratio of these interests may be different in different periods of development. The theoretical understanding of process of historical development of the law presents great interest. As in the theory of the state, in theory of the right it's possible to speak on the historical development of this social phenomenon, using the category of «historical type of law.» In the study of the development process of law may also be used formation and civilization approaches.
We are talking about the characteristics of a slave, feudal, bourgeois and socialist law and the right of traditional and modern states. Note here that the formational approach, because of its lack of flexibility is increasingly becoming part of the history of science. He was replaced by a civilizational approach, which, unfortunately, is still not widely accepted in legal science.Zoroastrian legal tradition does not create any new and original ideas from the previous period, as in a centralized state, which was the Achaemenid Empire there was no need for any other than the state itself, the source of law. The function of religion was to highlight the already existing law, not to create a new one. There was a kind of dualistic option Zoroastrian law, often identified with the entire content of the exercise. As noted by L.A. Lelekov «comitted one level below the systematic theology and is forced to compete in person... in a battle between good and evil». Thus, the problem of studying the process of legal development is the actual problem of the general theory of law.
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