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The mechanical and the organic theory of the origin of the state.

There are many theories of the origin of the state, which differ from each other paradigmatically (paradigm - a way of formulating and solving scientific problems) for the following reasons:

a) different real historical conditions in different societies;

b) the different philosophical bases for the construction of the­ories.

The most common are the following theory of the origin of the state:

1. Theology (theocratic) - Thomas Aquinas. The essence of the theory is that the state has emerged as the result of divine providence.

2. Patriarchal (paternalistic) - Plato, Aristotle. It was based on the power of a father, husband, that masculine-pater families. All other members of the family, clan were obliged to submit to the househol­der.

3. ContractJean-JacquesRousseau,HugoGrotius,Benedict(Baruch) Spinoza, John Locke, Thomas Hobbes, Radishchev. It has spread in XVII-XVIII centuries. It was assumed that the state arises as a product of the social contract of people transferring part of their freedom and power of the State to protect their interests and property.

4. Theory of violence, E. During, L. Gumplovich, K. Kautsky. It ori­ginated in the XIX century. The main reason for the origin of the state, according to this theory, was in the military-political factors: violence, enslavement.

5. Organic - G. Spenser. This theory suggests that the basis of the human body is the same processes as in organic chemistry: atoms, molecules, etc.

6. Psychological - L. Petrazhitsky, Erich Fromm. It aimed at the heart of the idea that human nature can not do without subordination to the leader, the ruler.

7. Materialist, or Marxist-Marx, Engels, Lenin, Plekhanov (2nd half of XIX century). Briefly, it was described in Engels' The Origin of the Family, Private Property and the State.

Key points: the state arose as a result of the social division of la­bor, the emergence of private property and classes. In these circum­stances, the state acted as an instrument of the economically dominant class - the owners of the means of production.

With the help of the state, this class is also the politically dominant. Decisive role in the origin and development of the state is the class struggle. They tied for first place the idea of the dictatorship of the proletariat, and the form of the state seen as a Republic of Soviets of Workers', Peasants' and Soldiers' Deputies. Candidate of Law, Associate Professor D.A. Bulgakova allocates another theory for the origin of the State irrigation theory when «their first despotic forms associated with the need to build huge irrigation facilities in the eastern agricultural areas». Most clearly reflected this theory has been in the works of contemporary German scholar K.A. Vittfogel.

Ways of forming the state:

1) appropriation of the surplus product;

2) assigning positions by inheritance.

Estimation theory: dignity - to economic and class factors, lack of underestimation of other factors.

In the study to draw attention to the following aspects:

a) the period of the formation of the theory;

b) the main representatives of the theory;

a) are (basic provisions) theory;

d) evaluation of the theory (the degree of scientific and practical utility).

Questions for the self-control:

1. What is the difference between the functions of the leader of the tribe from the functions of the elder men?

2. What are the advantages and disadvantages of the treaty theory of the creation of the state?

3. What is the basis of the so called river cultures?

4. What are the advantages and disadvantages of the sociological theory of the creation of the state?

5. Account the main ways of the origin of the state.

Taskfor srs:

Please, analyze the eastern and western ways of the creation of the state and express your mind in the table.

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Source: Ayupova Z.K.. Theory of state and law: textbook. - Almaty: Kazakh Univer­sity,2015. - 192 pages.. 2015
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