History of the emergence of the state, basic concepts
States arose and were formed in different ways. Allocate the eastern path, which began in the Ancient East and continued in Africa and America.
The history of mankind began with the formation of the modern human species - Homo sapiens, or "Homo sapiens". Most scientists believe that about 50 thousand years ago, people acquired an appearance that has largely survived to this day.
Ancient people united for joint hunting, defending their territory. The “primitive human herd” was replaced by the tribal community, which was a collective of blood relatives descending from a common ancestor. The clans were gradually united into tribes, and then into tribal unions. The tribal organization disintegrated in the course of political genesis, that is, in the process of the emergence of political structures, the state.
Formation and evolution of world civilization
In accordance with modern scientific data, man as a biological species has existed for more than two million years. About 40 thousand years ago, the ancestor of modern man appeared - Cro-Magnon man. The first states known in history arose about 5 thousand years ago, at the turn of the 4th and 3rd millennia BC; thus, statehood is a relatively recent invention of humanity. Man has lived for the vast majority of his conscious history outside of a state-organized society.
In a generalized form, several periods can be distinguished in the formation and evolution of world civilization in the most ancient period:
1. The period of the primitive tribal community (prehistory) - 45 000-8000 years BC.
2. The period of proto-states, the existence of which only fragmentary evidence has reached, is 8000–3500 BC.
3. The period of ancient empires, around which, in fact, the ancient civilizations developed, - 3500-600 BC.
4. The period of the ancient states - 600 BC. - 476 AD.
People gradually settled around the globe. Migration played an important role in the formation, ethnogenesis (origin) of many peoples. An important role in history was played by the movements of the "peoples of the sea", the Phoenicians, the creation of numerous colonies by the ancient Greeks, the powerful movements of nomads (nomadic tribes of the Huns, Turks, Mongols), Vikings and others.
Politogenesis, the folding of states is a long historical process that had an objective character. Historically, the first was the theory of the divine origin of state, supreme power. In the XVIII-XX centuries. there were more than a dozen theories explaining the origin of the state. The theory of social contract (contractual concept) (T. Hobbes, D. Locke, J.-J. Rousseau, Horace, D. Diderot, A.N. Radishchev, P.I. universal reconciliation of people. People, having agreed on the transfer of power to the rulers, stop "the struggle of all against all" and organize life on a reasonable basis. And against bad rulers, the people can make a revolution. Marxist theory (K. Marx, F. Engels, V. I. Lenin) asserted that the state arose as a result of the division of society into classes due to inequality of property, for the oppression of one class by another. The hydraulic (irrigation) theory (K. Vitfogel) explained the emergence of the state by the need to organize large masses of people for the construction of irrigation (irrigation) structures (in Egypt, Sumer, China). Patriarchal, psychological, organic and other theories emphasized certain aspects of the process of the emergence of the state.
The state emerged as the highest form of organization of people. The signs of the state are the presence of a state apparatus, written legislation, a territory with a population within certain boundaries. Only the state can collect taxes, issue money, use force (the army, etc.), has the highest sovereignty, power over all other associations of people.
Theories of the origin of the state
The question of the origin of state and law has occupied the minds of many philosophers, historians and lawyers for centuries. Even in ancient times, people began to think about the causes and ways of the emergence of state and law. A wide variety of theories have been created that answer this question in different ways. The plurality of these theories is explained by the different historical and social conditions in which their authors lived, by the variety of ideological and philosophical positions that they occupied.
One of the oldest is the theological theory of the origin of state and law, which explains their emergence by divine will. This theory does not reveal specific ways, ways of realizing this divine will. At the same time, the theological theory defends the idea of the inviolability, eternity of the state, the need for universal submission to the state will. State power, in accordance with this theory, is given from God, but at the same time the state itself depends on the Divine will, which manifests itself through the church and other religious associations. Representatives of this theory were many religious leaders of the Ancient East, medieval Europe, ideologists of Islam and the modern Catholic Church (Aurelius Augustine - "Blessed", Thomas Aquinas, Maritain, Lubeff, Costa Flore, etc.).
Another theory that emerged in antiquity was the patriarchal theory of the origin of the state. Its founder was Aristotle (3rd century BC), but similar ideas were expressed in relatively recent times (Filmer, Mikhailovsky, modern ethnographer Murdoch, etc.). According to patriarchal theory, the state originated from the family and is the result of its growth.
Aristotle believed that the state is a natural form of human life, since every person is a political being. Outside the state, it is impossible for him to communicate with his own kind. As collective beings, people strive for mutual communication, which leads to the formation of families. The development of these families as a result of reproduction and association leads to the formation of the state. Aristotle argued that state power is a continuation and development of paternal power and, in essence, identified it with the patriarchal power of the head of the family. A number of representatives of the patriarchal theory, in particular Filmer, argued that the absolute power of the monarch is a continuation of the power of the father in the family, is of a "paternal" character. At the same time, the supporters of the patriarchal theory, trying to substantiate the divinity of monarchical power, did not break with religion.
The main provisions of the patriarchal theory are refuted by modern science, which has established that there is not a single historical evidence of such a way of the emergence of the state. On the contrary, it has been established that the patriarchal family appeared together with the state in the process of the disintegration of the primitive communal system.
The theory of the contractual origin of the state is also known. Its representatives are Grotius, Spinoza, Hobbes, Locke, Russo, Radishchev. This theory was known in ancient times. She views state power as the result of uniting people on the basis of a mutual voluntary agreement (contract).
The ideas of the contract theory, despite significant differences in the views of its representatives, were distinguished by a general progressive orientation. All representatives of this theory rejected the concept of the divine origin of state and law, considering them as a product of human activity. This alone dealt a powerful blow to the religious worldview, served as a debunking of theological theory, which tried to justify and preserve the feudal monarchy.
Most of the ideologues of the 17th-18th centuries, who presented the contractual theory, proceeded from the assumption that as a result of the contract on the formation of the state, people transfer part of their natural (natural) rights to state power. By virtue of this circumstance, the state has assumed the responsibility to protect the property and safety of its citizens. These provisions have found expression in the constitutions of a number of Western states. Thus, the Declaration of Independence of the United States (1776) states: “We consider it self-evident that all people were created and endowed by the Creator with certain inalienable rights, which include the right to life, freedom and the pursuit of happiness; that in order to secure these rights, people create governments whose just power is based on the consent of the governed. "