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Typical and unique shape of the state.

The basis of the origin of the state based on the following reasons: economic reasons, the Neolithic Revolution, when the transition from gathering to producing economy, three major social division of labor: the separation of live­stock farming, crafts and office appearance merchants productivity growth and the emergence of surpluses, the emergence of private property, social causes expansion and the emergence of the genus of the family, the appearance of insoluble antagonism and division of society into classes with diametrically opposed interests.

Scientific un­derstanding of the state as a civilizational phenomenon is impossible without knowledge of its historical roots, of the conditions under which it arose, how to develop and how it became a modern reality. Statehood in Central Asia, there is not eternity, but there was a cer­tain stage of human development. According to the latest data of an­thropology, but the history of modern Cro-Magnon man (homo sa­piens) has about 40 thousand years, while the first public education in the history of mankind have only about 5 thousand years ago, at the turn of the fourth and third millennia BC. Consequently, the state is a relatively recent invention of mankind. Absolutely most of his adult stories people living outside the state-organizational society.

According to some legal scholars, the earliest forms of association ancestors of modern man were due to (temporary) family and tribal loyalties to be protected from the external environment and the sharing of food getting. Such forms may be separate «family», but the best known groups forming primitive herd has arisen among hunters of pre-Neanderthal Olduvai culture (about 2 million years ago). They are united by the use of primitive tools, which were sticks, poles, stones. Later, during the Paleolithic culture, have a more stable form of joint work, and tribal community has become a social unit of the primitive.

Further improvement of the tools required the development of highly specific habits of primitive man as memory, speech, etc. Tribe had a great importance for the development of the material culture of the tribal system. Mining economy of primitive man, i.e. who had the finished product as a result of the nature of the gathering, hoe agriculture, beekeeping, hunting, and fishing provides only the minimum needs of the community. The role of women was housework and child rearing, was leading. History knows many cases matriarchal ancestors. On the other hand, there were patriarchal clans in ancient Egypt, India, Judea, in the eastern Slavs and Scythians.

Thus, the genus (primitive tribal community) is the primary cell of the organization of primitive society, formed on the principle of blood kinship, joint teamwork, common ownership of the fruits of production and resulting from these conditions of equality of social status, common interests and solidarity of the clan members.

Primitive society was in its various stages of development. There are several distinct types of periodization of primitive history, general historical, archaeological, anthropological. For the theory of statehood are particularly valuable periods, based on the latest data of archeology and to stand out as one of the main lines of development of primitive society «Neolithic Revolution» (from the «Neolithic» - New Stone Age).

This concept was introduced to science in English archaeologist G. Child of mid XX century, analyzing the qualitative change in the life of humanity in the transition to the Neolithic in the VII-III century BC by assigning to the mining economy.

The question of the origin of the state is one of the most contro­versial in the historical and legal science. There are numerous theories to explain the occurrence of different states. However, even under the existing concepts and theories do not have enough on their minds about the birth of statehood.

Several millennia, centuries or even decades ago, states were not as they are now.

Talking about the history of the state, usually use the category «type of state». Type of state is a set of common features inherent in particular, as a rule, historically separated groups of states.

For many years in the legal science was widespread formational approach to the history of the development of society and the state, cultured in the Marxist-Leninist ideology. And the type of the state is determined by the economic system of class society, and history was seen as a simple process of changing socio-economic systems. The main disadvantages of this approach were: the single line in the definition of the historical development of the state, a mechanical change in the type of, the inadequacy of five-element circuit socio­economic systems, ignoring the history of the state multi-variant, it is not taken into account the Asian or Oriental mode of production, spiritual factors were underestimated, erroneous opinion «withering away» of the state.

Currently plays an important role civilizational approach to the typology of states, based on the term «civilization». Broadly the concept of «civilization» as a synonym for culture in general, reflects the level of development of society and cultural values. Civilization is an original and complete set of (system) climatic, economic, ethnic, cultural and religious relations in society, forming a type of society and the state.

According to many legal scholars, «with a modern point of view is more valuable civilizational approach to the typology of states based not on the external and the internal features of the functioning of state. The State is the organization of power; therefore, analyzing the characteristics of the various states should focus primarily on aspects of the formation, membership, implementation of state power. From this position in civilized approach to the typology of states in the classification ratio is taken state and the individual».

The main difference between the civilization and the formational approach is the ability to analyze the processes of development of the society and the state in the light of representations of human value system.

At the time, the term «civilization» was introduced into scientific English historian A.J. Toynbee. In his famous work «Study of History», he formulated the theory that the cultural element is the «soul» of the blood, lymph, the essence of civilization. The researcher believed that civilization - it is a closed society and the local state, distinguishes a geographic, ethnic, religious, and many other features. A.J. Toynbee distinguished in history 21 civilizations: Egyptian, Chinese, Western, Far Eastern, Orthodox, Slavic, Arabic, civilization interfluve and Native American (Maya, Inca, and Aztec), etc.

We have seen that the determining factors in the development of statehood advocate socio-cultural indicators of society, tradition, and the level of spirituality of the people, his mentality, especially ideological, geographical location, etc. It should be borne in mind that any society is a step in the hierarchy of organization. Culture of ancient societies to early agricultural civilization was called. Thus, the state is an important organizational form of the existence of mankind, which has a great social value and plays a major political role.

We now give the signs that distinguish the state from other poli­tical institutions: public authority, that is, presence of a special admi­nistrative apparatus, the state acts as the official representative of the interests of society as a whole, based on the territorial division of the population is a sign, the sovereignty, the presence of a special apparatus of compulsion and tax system of loans. According to the state of the class approach is a political organization that supports the rule of one class over another, the minority over the majority, in fact, the dictatorship of the economically and politically dominant class.

According to the general social state approach is a political or­ganization whose members are united on the basis of certain power relations in order to achieve consensus.

The famous Latin saying goes: «error multiplex, veritas una», which means: «the truth is always the same, false judgments can be any number».

Indeed, the general characteristics of the variety of theories of the origin of the state that emerged in ancient times and explaining certain aspects of the process of the state, there are both positive and negative features.

Differ the following forms of the state:

a) European, first appears when the private ownership of the means of production, and classes, and then the state as an instrument of the ruling class (Athens and Rome);

b) Asian, when the state first appears, and then classes (Ancient East, Egypt, Babylon, China, India). Distribution of agriculture in Asian countries require of irrigation works, for which was necessary to coordinate collective action. Management of this work was carried out overbearing ways. For work concentrated material resources in the first place, the means of production. Thus, people who are employed in the apparatus of government later became owners of the means of production, and not vice versa, and the role of class struggle in the origin and development of the state is considered to be negligible.

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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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