State history of political and legal doctrines. History of political and legal doctrines

Brief lecture notes

Compiled by: Art. Rev. Garbuzova E.V.

TOPIC 1. SUBJECT AND METHODOLOGY OF THE HISTORY OF POLITICAL

AND LEGAL TEACHINGS

1. Subject and method of the history of political and legal doctrines;

2. Periodization of the history of political and legal doctrines.

1. Subject and method of the history of political and legal doctrines.

The history of political and legal doctrines is a science that can be classified as theoretical and historical legal sciences.

The history of political and legal doctrines is closely connected with the General Theory of Law, Constitutional Law of foreign countries, the history of state and law, philosophy of law, and the history of philosophy.

As an independent science, the History of political and legal doctrines was formed during the Enlightenment as an attempt to explain the patterns of origin, development, functioning and social purpose of the state and law, as well as an attempt to find an optimal model of their relationship.

The subject of the history of political and legal doctrines is a set of ideas, theories, doctrines that give a holistic understanding of the essence and forms of politics, power, state and law, the patterns of their origin, development and functioning, their place and role in the life of society and man at various stages of historical evolution and in different countries.

Specifics of the history of political and legal doctrines:

1) science studies only holistic, complete systems of views, and not isolated ideas;

2) the subject of the history of political and legal doctrines has the form of doctrines, doctrines, theories;

3) political and legal doctrine (teaching, theory) – a specific form of understanding, assimilation and transformation of political and legal reality.

The structure of political and legal doctrine includes 3 elements:

1. theoretical content of the doctrine - a system of conclusions and provisions considering the nature, essence and purpose of the political and legal idea;

2. political ideology - a system of ideals and values ​​in which the relations of classes and social groups to the state and law are recognized and assessed;

3. doctrinal basis - a set of techniques and ways of knowing and interpreting state and law.

For example, the understanding of the state as the result of a social contract follows from the doctrine of natural law, which was the methodology for explaining political and legal reality in the 17th century. and objectively expresses the interests of the emerging bourgeoisie.

The history of political and legal thought is formed starting from the prehistory of science, passing through the following stages:

1) prehistory of science – 4th millennium BC. – XVIII century AD Science did not yet exist, but many theories were formulated that influenced not only the development of science, but also the policies of specific states.

Initially, the idea of ​​state and law was expressed in religious and mythological form; with the development of a rationalistic explanation of reality, the teaching takes the form of philosophical and ethical theories.

2) institutionalization of the history of political and legal doctrines – XVIII – XIX centuries. Rational and ethical form of knowledge.

3) modern stage – XX – XXI centuries. Pluralism of views and theories.

Methodology includes 3 groups of methods:

1) general scientific methods:

Historical – allows you to determine the place and significance of theory in the modern system of knowledge; identify a set of social factors that influenced the development of a particular theory; determines the ideology of the classes dominant in a certain period of time; establishes the logic of development of doctrines about state and law;

Sociological - determines the social factors, living conditions of society that gave rise to a specific teaching, as well as how this teaching influenced the life of society;

Normative-value – defines the ideals and values ​​that underlie the teaching.

2) general logical methods (analysis, synthesis, deduction, induction, etc.).

3) special legal methods (legal modeling, interpretation, comparative legal, etc.).

The use of methods depends on the dominant paradigm, i.e. a model of theoretical interpretation, which is a set of cognitive principles and techniques for reflecting political and legal phenomena.

Paradigms:

1) theological (Israel, Western Europe in the Middle Ages, Islamic states);

2) naturalistic (Ancient Greece, Ancient India, the teachings of Spinoza) Here, all political and legal phenomena are explained from the same point of view as natural phenomena;

3) legal (Ancient China, Persia). All political and legal phenomena are explained from the formal point of view of law;

4) sociological (social) - present tense.

Plan

1. The place of the history of political and legal doctrines in the system of legal disciplines
2. Subject of the history of political and legal doctrines
3. Methods of the history of political and legal doctrines
4. Periodization of the history of political and legal doctrines

1. The place of the history of political and legal doctrines in the system of legal disciplines

The science as an important area of ​​human activity, its goal is to systematize knowledge about objective reality. What is science? This is an ordered body of knowledge about certain phenomena being studied. It is known that science has a complex structure. Types of sciences: technical, natural and social. Natural and technical sciences are aimed at studying natural phenomena and technology. Social studies have the goal of a comprehensive study of phenomena related to the development of society or various kinds of social values. These sciences include legal science.

Legal science has its own unique structure, built on the subject of study. According to a fairly well-established scheme, legal science is divided into several large groups: historical and theoretical, branch, applied, sciences. The history of political and legal doctrines is independent academic discipline simultaneously historical and theoretical profile.

About the name of the course. The first work in Russia containing a systematic presentation of the doctrines of state and law belongs to the professor of St. Petersburg University K.A. Nevolin (1806-1855) - “History of the philosophy of legislation.” B. Chicherin’s five-volume work, published from 1869 to 1903, was called “History of Political Doctrines.” The title “History of the Philosophy of Law” became widespread. This is exactly what N.M.’s textbooks were called. Korkunova, P.I. Novgorodtseva, G.F. Shershenevich, E.N. Trubetskoy. In the USSR in the 1950-70s, the name “History of Political Teachings” was adopted. Today - “History of political and legal doctrines”, as a more accurate and complete reflection of the content of the course.

2. Subject of the history of political and legal doctrines

Politics, state and law are objects of study in many social sciences (philosophy, political science, sociology and jurisprudence.). Moreover, each of the sciences differs in its specific approach to the study of this common object. So, if an object is, as a rule, common to a number of sciences, then the subject of one science cannot coincide with the subject of another.

The history of political and legal doctrines is one of the historical and theoretical disciplines that is complex in nature: it includes elements of philosophy, political science, sociology, history, and religion. But this is primarily legal science. Object her study is state and law, state-legal phenomena. At the same time, independent legal sciences differ from each other in their subject matter, which determines their content and the specific approach of each of them to the study of the same object.

The originality of its subject in comparison with the subjects of other legal sciences of a theoretical (theory of state and law) and historical (history of state and law) profile is expressed in the fact that it is focused on studying the history of political and legal theories, the patterns of the historical process of the emergence and development of theoretical knowledge about state, law, politics, legislation and public administration. That is subject The history of political and legal doctrines is precisely the history of the emergence and development of theoretical knowledge about the state, law, politics, and legislation.

The history of doctrines about law and state is the history of the emergence and development, conceptually formalized views, ideas, theories, teachings, both individual thinkers and various social groups who express their attitude to the social system, state power, law and prevailing in society at a certain stage of its development.

3.Methods of the history of political and legal doctrines

The history of political and legal doctrines is a humanitarian science, which means it uses the same methods as other humanities, taking into account its specifics and characteristics, i.e. philosophical and special scientific methods. You were familiarized with the classification of existing methods in the course on the theory of state and law. Therefore, we will not dwell on their characteristics in detail. Let us pay attention only to the specific methods with which this discipline is studied.

To study political and legal doctrines, the following are used:

• historical method, allowing you to understand and evaluate the teaching in a historical context, taking into account the specific conditions of a given era;
• comparative method, which allows you to compare similar political and legal phenomena, and when comparing them, you can identify the similarities or differences between them, evaluate these theories;
• system analysis, allows you to study the problems of politics, state, law, their individual phenomena from the position of their systematicity and interconnection;
• structural method allows you to analyze the components of the doctrine and their connections.

Along with these methods, the following are often distinguished: chronological, problem-theoretical, portrait and regional studies. As a specific method they call contextual research method. It focuses on the consideration of each teaching in the context of the circumstances of the personal life of the thinker, each teaching and direction of thought - in the context of the socio-political and other conditions of life of the country in one or another period of its development.

These and other methods help to highlight the general and special in the teachings of thinkers, to understand the continuity and development of certain ideas.

4. Periodization of the history of political and legal doctrines

Dividing the history of political and legal doctrines into eras and periods makes it easier to assimilate the material and allows one to correlate this doctrine with a specific stage of human development, i.e. the problem of periodization of this discipline is closely related to the problem of periodization of human history itself. There are several approaches here.

1. Historical approach was proposed by French historians of the 17th-18th centuries. In accordance with it, history was divided into the following eras: Ancient World, Middle Ages, Modern Time.

The conventionality of such periodization is obvious, because it is based primarily on Western European material and cannot be fully applied to Russia and the countries of the East - Egypt, India, China, Persia. Historical studies of the latter show that these countries had their own ancient world, their own Middle Ages and modern times. Moreover, these eras did not coincide either in time or in content with European periodization, which cannot be considered universal.

2. Formational approach proposed by Marxism in the mid-19th century. It is based on class criteria, a change in socio-economic formations, i.e. history is considered as a transition from one, lower formation, to another, higher one. You learned more about this approach when studying the theory of state and law. In the USSR and other socialist countries, it was customary to distinguish two main stages in the development of political and legal doctrines - pre-Marxist and Marxist. Within the framework of the latter, Leninism was discussed as Marxism of the era of imperialism.

3. Technological approach proposed a more enlarged periodization of history. It was also based on the concept of E. Toffler, who examined trends in the development of social systems, using factual material about new technologies. His main works advocate the thesis that humanity is moving to a new technological revolution, that is, the first wave (agrarian civilization) and the second (industrial civilization) are being replaced by a new wave leading to the creation of a super-industrial civilization. Here the main criterion is the technological method of production. In history, therefore, three eras, three societies were distinguished: pre-industrial, industrial and post-industrial.

4. Civilizational approach proceeds from the fact that the history of mankind is the history of different civilizations, different cultures and religions. At the same time, ideas and values ​​that are developed and accepted by one civilization may be completely alien to another.

Each of these approaches has its own pros and cons. As in the theory of the state, the existing two approaches to the typology of the state: formational and civilizational, are not opposed, but complement each other and are applied comprehensively. We will use the most common periodization of the historical process:

At the same time, these major periods will be detailed and examined comprehensively, taking into account the opinions of authoritative authors of textbooks and scientific research and development in the field of the history of political and legal doctrines.

Educational and methodological literature

1. Anthology of world political thought. - M., 1997. T.1-5.
2. Anthology of world legal thought. - M., 1999. T.1-5.
3. History of state legal doctrines. Textbook. Rep. ed. Lazarev V.V. - M., 2006.
4. History of political and legal doctrines. Ed. V. S. Nersesyants. - M., 2003 (any edition).
5. History of political and legal doctrines. Ed. O. V. Martyshina. - M., 2004 (any edition).
6. History of political and legal doctrines. Ed. O. E. Leista. - M., 1999 (any edition).
7. History of political and legal doctrines: Reader. - M., 1996.
8. History of political and legal doctrines. Ed. V. P. Malakhova, N. V. Mikhailova. - M., 2007.
9. Rassolov M. M. History of political and legal doctrines. - M., 2010.
10. Chicherin B. N. History of political doctrines. - M. 1887-1889. T.1-5.

1. Vlasova V. B. Tradition as a social and philosophical category // Philosophical Sciences. 1992. No. 2
2. Zorkin V.D. Patterns of the relationship between legal and philosophical doctrines // Patterns of the emergence and development of political and legal ideas and institutions. - M. 1986.
3. Lazarev V.V. Course on the history of political doctrines: meaning, subject and method //Leningrad Law Journal. 2005. No. 3.
4. Lukovskaya D.I. On the subject of the science of the history of political and legal doctrines // Political and legal doctrines: Problems of research and teaching. - M. 1978.
5. Lukovskaya D.I. Political and legal doctrines: historical and theoretical aspect. - L.1985.
6. Lukovskaya D.I. Traditions in the history of legal thought //Introduction to the theory of law (historical and methodological aspect): Educational and scientific manual. St. Petersburg 1996.
7. Rybin A.V. Subject, method and structure of the history of political doctrines // Uch. zap. Perm University. T.XXV.1. Legal sciences. Permian. 1962.
8. Sergevnin S. L. On the relationship of political science. Sciences of state and jurisprudence //Jurisprudence. No. 6. 1991.

Questions for self-control and test preparation

1. What is the object of the history of political and legal doctrines?
2. How can one determine the subject of the history of political and legal doctrines?
3. What place does the history of political and legal doctrines occupy among legal sciences?
4. What is teaching, theory, doctrine?
5. What methods are used to study the history of political and legal doctrines?
6. What types of periodization do you know?

History of political and legal doctrines

political legal doctrine thinker

1. Subject and methodology of the history of political and legal doctrines

.1 Subject and method of the history of political and legal doctrines

The history of political and legal doctrines is a science that can be classified as a historical-theoretical discipline. The history of political and legal doctrines is closely connected with the General Theory of Law, Constitutional Law of foreign countries, the history of state and law, philosophy of law, and the history of philosophy.

As an independent science, it was formed during the Enlightenment as an attempt to explain the patterns of origin, development, functioning and social purpose of the state and law, as well as an attempt to find an optimal model of their relationship.

The subject of the history of political and legal doctrines is a set of ideas, theories, doctrines that give a holistic idea of ​​the essence and forms of politics, power, state and law, the patterns of their origin, development and functioning, their place and role in the life of society and man at various stages of history. evolution in different countries.

Specific features of the history of political and legal doctrines:

) this science studies only holistic, complete systems of views, and not isolated ideas;

2) the subject of the history of political and legal doctrines has the form of doctrines, doctrines, theories;

) political and legal doctrine (teaching, theory) - a specific form of understanding, assimilation and transformation of political and legal reality.

The structure of political and legal doctrine includes 3 elements:

1. theoretical content of the doctrine - a system of conclusions and provisions considering the nature, essence and purpose of a political and legal idea;

2. political ideology - a system of ideals and values ​​in which the relations of classes and social groups to the state and law are recognized and assessed;

The doctrinal basis is a set of techniques and ways of knowing and interpreting the state and law.

For example, the understanding of the state as the result of a social contract follows from the doctrine of natural law, which was the methodology for explaining political and legal reality in the 17th century. and objectively expresses the interests of the emerging bourgeoisie.

The history of political and legal thought is formed starting from the prehistory of science, going through the following stages:

) prehistory of science - 4 thousand BC-XVIII century. AD Science did not yet exist, but many theories were formulated that influenced not only the development of science, but also the policies of specific states. Initially, the idea of ​​state and law was expressed in religious and mythological form; with the development of a rationalistic explanation of reality, the teaching takes the form of philosophical and ethical theories;

2) institutionalization of the history of political and legal doctrines - XVIII-XIX centuries. Rational and ethical form of knowledge;

) modern stage - XX-XXI centuries. Pluralism of views and theories.

The methodology includes three groups of methods:

1) general scientific methods:

Historical method - allows you to determine the place and significance of a theory in the modern system of knowledge, to identify a set of social factors that influenced the development of a particular theory; determines the ideology of the classes dominant in a certain period of time; establishes the logic of development of doctrines about state and law;

sociological method - determines the social factors, living conditions of society that gave rise to a specific teaching, as well as how this teaching influenced the life of society;

Normative-value approach - defines the ideals and values ​​underlying the teaching;

2) general logical methods (analysis and synthesis, deduction and induction, etc.);

) special legal methods (legal modeling, formal legal, comparative legal, etc.).

The use of methods depends on the dominant paradigm, i.e. a model of theoretical interpretation, which is a set of cognitive principles and techniques for reflecting political and legal phenomena.

Paradigms:

1) theological (Israel, Western Europe in the Middle Ages, Islamic states). Religion was one of the earliest forms of social consciousness in which man reflected the world around him;

) naturalistic (Ancient Greece, Ancient India, the teachings of Spinoza). All political and legal phenomena are explained from the same point of view as natural phenomena;

) legal (Ancient China, Persia). All political and legal phenomena are explained from the formal point of view of law;

4) sociological (social) - present tense. Unites a group of heterogeneous concepts that explain the nature and content of politics, state and law by social factors external to them: economics, culture, ideology, etc.

1.2 Periodization of the history of political and legal doctrines

Periodization of the history of political and legal doctrines is necessary to understand the logic of the development of views on the state and law.

Approaches to periodization:

1) formational. Divides history into formations (primitive communal, slaveholding, feudal, bourgeois, socialist, communism). The disadvantage of this approach is that a change in formations does not always lead to a change in the political system; most theories are difficult to attribute to a specific formation;

) historical. Focused on identifying the connection between political doctrine and the interests of a particular class (periods: Ancient World, Middle Ages (Renaissance and Reformation), Modern Time and Contemporary Time);

) societal. With this approach, political and legal doctrines are considered from the point of view of their cultural, religious and socio-economic conditionality; the relationship between the state and society is taken into account, which ensures a certain degree of individual freedom of the individual, its guarantees and role in the process.

) traditional society ( Ι V millennium BC - beginning of the XVI century).

This period is characterized by the dependence of the individual on society and the state, his social affiliation. During this period, the state, with the help of law, determines the social structure and establishes the rights and responsibilities of various social groups.

Political and legal doctrines are characterized by the classification of people according to their social status.

) Formation of civil society (XVI-XVIII centuries). This was facilitated by the periods of the Renaissance, Reformation and Enlightenment. Here the principles of limited government, equality of all social groups before the law and the court arise, are justified and put into practice, the role of law in regulation increases public relations, international standards for communication between states are being formed.

) The modern stage of civil society (XIX-XX centuries). This period is characterized by the complication of relations between the state and the individual and the diversity of approaches to explaining political and legal phenomena.

2. Political and legal thought of the ancient East

.1 General characteristics of the political and legal views of the Ancient East

The emergence and content of political and legal views of the Ancient East are determined by the following patterns in their development:

)the nature of the socio-economic differences of the states of the Ancient East - Egypt, India, China, Persia, Babylon, Israel. These states were dominated by a patriarchal natural economy, state and public property to the ground. The supreme owner of the lands is the ruler;

)a special cultural tradition - the worldview of the Ancient East is characterized by a constant comprehension of the truth, an explanation of the general cosmic unity of the world and man, the harmony of the heavenly and the earthly; One of the main aspects is focused on detachment from the bustle of the world.

Political and legal doctrines in the Ancient East perform the following functions:

· goal setting and mobilization;

· spiritual exploration of the world and explanation of its order;

· legitimization of power, the existing social and political order.

Features of the political and legal doctrines of the Ancient East:

)traditionalism;

)religious and mythological form of ideas about the state;

)connection with nature;

)the living conditions of society are justified as a divine institution;

)political and legal theories do not represent a separate form of knowledge, they are part of a mythological worldview, which is explained by the unstructured nature of human thinking at that time;

)applied nature (politics is considered as the art of management, state power is personalized);

)defense in different theories of the ruling class.

Thus, in the states of the Ancient East, political and legal thought is a peculiar mixture of religious beliefs, mythological ideas, moral prohibitions and teachings of an applied nature.

2.2 Political and legal thought Ancient Egypt, Ancient Israel

The political and legal ideas of Ancient Egypt are contained in myths, teachings, treatises of priests, and hymns in honor of the pharaohs. The main content of all these sources is the substantiation of theses about the divine origin of the state and law.

The teachings about state and law were of an applied nature and were aimed at legitimizing the power of the pharaohs.

During the period of the Old Kingdom (2778-2260 BC), the priests of the supreme god Ptah wrote the “Menthis Theological Treatise”. In accordance with its provisions, everything on earth, including man, was created by the god Ptah. All gods maintained order and truth in the human community. Order and truth were based on universal harmony and justice.

Justice is personified by the goddess Maat. Pharaoh is identified with God and must strive, like the gods, to establish justice on earth.

During the Middle Kingdom (2040-1786 BC), the cult of the god Amun (in some religions he was called Ra) arose. The pharaoh is considered the son of the sun god, and then the sun god (Amon-Ra). Although the pharaoh and his authority are of divine origin, he must follow the principles of good behavior.

This period was characterized by the creation of various teachings that contained political thought. In the XXIV century. BC e. “The teaching of the Heracleopolis king Akhtoy to his son” was created - the pharaoh should not do anything illegal or wrong, otherwise he will not be able to achieve the mercy of the gods in the afterlife. The Instruction emphasizes the divine origin of the ruler’s power; in addition, the pharaoh is recommended to rely on wise advisers who create fair laws.

During this period, a fairly strong bureaucratic apparatus was created, in which priests played a large role.

“The Teachings of Ptahhotep” (XXVIII century BC) is of a recommendatory nature for the Ruler. The author advises his son to refrain from cruelty in relations with subordinates, emphasizes the natural equality of all free people; Every person in his behavior must be guided by the principle of integrity (“ka”). Those close to the pharaoh must give informed recommendations to the rulers and be guided by the interests of the common cause.

Egyptian society Ptahhotep draws in the form of a pyramid. At the top of the pyramid is the pharaoh, he must be supported by priests and nobles, and the people are the base of the pyramid. Each part of the pyramid fulfills its purpose, and this is the basis of stability. It is dangerous to disturb the balance of the pyramid. This can lead to uprisings, decline and unrest.

Ancient Egyptian doctrine of law. Law in Ancient Egypt was understood as a measure of proper behavior, that is, the duty to perform actions that are determined by social status and the principle of virtue.

The specificity of the political and legal culture of Ancient Egypt is due to its inextricable connection with the ritual and cult of the afterlife.

Following divine guidelines, which personified justice, was reinforced by responsibility to the gods.

The “Book of the Dead” (XXV century BC) described the legal process in the afterlife, established the rules of respectable and lawful behavior that apply to all people.

The legal thought of Ancient Egypt was also characterized by the regulation of the activities of the state apparatus. In particular, the duty of the vizier of the pharaoh is to strictly control his actions, for example, when performing judicial functions, to comply with the rules of proportionality of punishment to the crime, etc.

Thus, the political and legal thought of Ancient Egypt was inseparable from religious and mythological ideas and established rules of behavior for both ordinary people and officials.

Ancient Israel. A feature of Israeli political and legal thought is its direct dependence on religion; characterized by monotheism. God Yahweh is considered the supreme ruler of all nations. For a long time, direct control of the Jewish people was carried out by priests and judges, since there was no single ruler.

The status of king among the ancient Jews was not a privilege; its functions were a great burden and duty placed on the king by God.

The legal norms that regulated the life of the ancient Jews also stem from religious norms. They are contained in the Pentateuch of Moses “Torah”, as well as in the 10 commandments.

The doctrine of power among the ancient Jews speaks of three functions of the ruler:

1)legislative;

2) judicial;

) executive.

The likening of the king's power to divine power entails a justification in the Jewish theory of autocracy, or kingdom. The power of an earthly ruler is not arbitrary; he must judge fairly, observe laws and implement God's will.

The main criterion for the legitimacy of royal power is the law-abiding nature of the ruler. For the Israelis, the law correlates with the mind of the creator, punishment - with the wisdom of the ruler, judge, and the execution of laws - with the power of the king.

The ruler is not limited only in the execution of laws. He has the right to involve people in work, redistribute the property of subordinates, collect taxes, and wage war.

To implement his powers, the ruler creates a bureaucratic apparatus. There were advisory bodies of elders who did not participate in the court. Jews assign a special place to justice. Judges implement God's will, God's law, therefore the earthly court must embody the highest justice. The court enforces the principle of legality. Laws must be known to everyone, so they must be made public.

2.3 Political and legal thought Ancient India

The political and legal thought of Ancient India was influenced by religion - the varna system: brahmanas (priests), kshatriyas (warriors), vaishyas (farmers), shudras.

The transition from one varna to another is impossible, marriages between people of different varnas were prohibited. The first three varnas are twice-born.

The social structure of the world, including the division into varnas, the political system and law were considered the embodiment of the universal world law (Rta), in accordance with which the doctrine of the transmigration of souls is formed.

Samsara is the journey of the soul through bodies. Exiting samsara is the main goal of human life by fulfilling one’s drachma (duty) and achieving nirvana (a state of complete serenity and detachment). Moksha is a state when the soul is free. If a person does not fulfill his drachma, then the law of retribution (nora) applies.

All these provisions are characteristic of the ancient Indian religion - Brahmanism. This religion was dominant in the Vedic period (second half of the 2nd millennium BC - mid-1st millennium BC).

The main source of religious norms, as well as political and legal ideas of this period were:

Rigveda (hymn collections);

Upanishads (teachings that contained religious norms). The oldest is “Brihadaranyaka” (XIII-VII centuries BC);

Dharmashastras (religious moral precepts);

"Laws of Manu". In the Laws of Manu, two out of twelve chapters are devoted to the state, politics and law. Three main points:

ü justification of the divine origin of state power;

ü resistance to the authority of the ruler is considered a mortal sin;

ü The main source of order in the state is punishment.

The supremacy of religious law over state law is established. Politics itself was defined as the art of mastering punishment (dandaniti).

Hindus were the first to identify the following structural elements of the state:

· tsar;

· advisor;

· a country;

· fortress;

· coffers;

· army;

· allies.

The ruler in the concept of Brahmanism is likened to the gods in establishing order on earth. It was believed that kshatriyas should lead on earth under the leadership of brahmanas. In Brahmanism, the following legal theories are distinguished according to their legal force:

)religious law;

)the law that the ruler establishes;

)drachma regulations;

)law for a specific person in a specific situation.

With criticism of a number of basic provisions of Brahmanistic ideology, a new religious direction- Buddhism. The founder Siddhartha Gautama (565-479 BC) is from the Kshatriya varna. The concept of Buddhism is based on the following principles. Every life is suffering, which can be overcome by following the four noble truths:

ü every life is suffering;

ü all suffering has its own cause;

ü if the causes of suffering are eradicated, suffering will end;

ü The noble eightfold path leads to the end of suffering:

the right path (determined by the person himself);

determination;

speech (no swearing);

actions;

Lifestyle;

direction of effort;

direction of thought.

Correct observance of the Eightfold Path leads to a state of complete equanimity (nirvana), one must leave society and become a monk.

Every person, regardless of varna, can achieve salvation. Buddhists do not reject the varna system, but at the same time they place kshatriyas above brahmanas.

The main source of Buddhist precepts is the Jammapadas (“Path of Laws”), according to which each person is assigned an individual path of salvation and spiritual perfection. Buddhists deny the idea of ​​divine providence in the creation of the state. The world is governed by a natural law, according to which there is absolute good and absolute evil. Evil can only beget evil. Violence cannot be defeated by violence, so everyone, including the ruler, should strive to lead a virtuous life.

During the period of early Buddhism, which gradually became the state religion, rulers were elected by the people and ruled in full harmony with them.

Later Buddhism preaches submission and submission to the ruler. The state must be centralized in order to ensure order and the opportunity for everyone to come to salvation. Buddhism does not deny the importance of law in governance state relations, the establishment of punishment is considered only an auxiliary method of social harmony.

Buddhism is more characterized by its reliance on moral and religious principles.

In a later period, a secular concept of state and law began to take shape. Its main provisions are contained in Kautilya’s treatise “Arthashastra” (IV century BC), which contains three parts devoted to law, economics and public administration.

Kautilya gives priority to royal legislation over religious legislation. Secular doctrine must prevail in politics, and basic public administration must be based on practical benefits. Kautilya distinguishes four forms of legislation according to their legal force:

)royal decree;

)sacred law;

)court decisions;

)custom.

2.4 Political and legal thought of Ancient China

The first political and legal ideas in Ancient China were determined by the pagan understanding of the world order.

Initially there is only chaos. Gradually, its ordering leads to the emergence of two principles (yin and yang). Yin - earthly, yang - heavenly beginning. The sky is higher power, which monitors justice and creates the five principles of the world: rain, sun, heat, cold, wind. The well-being of the people depends on their timeliness and moderation.

The executor of God's will on earth is the ruler (emperor), who stands above the people. The Chinese absolutize the connection between natural, social and moral principles.

Everything on earth, including heaven, is subject to the action of a single cosmic law, which the Chinese call “Tao”. The specificity of the worldview in Ancient China also determined the special features of political and legal ideology:

)The doctrinal basis of ideology is ritual, which is justified by the constancy of natural and social foundations. The cult of ancestors and veneration of elders is of particular importance. Hence the rationale for the obedience of all citizens to the authority of the ruler as the veneration of the elder by the younger;

)pragmatism (focus on achieving practical result) leads to the creation of political foundations of different orientations over a long period of time.

Political and legal schools received their development during the period of the kingdom of Zhanguo (V-III centuries BC). Four schools were the most influential:

Confucianism, the founder of which was Confucius (551-479 BC). His views are set out in the book “Lun Yu” (“Conversations and Sayings”). The book of Confucius describes an ideal state, the goal of which is to achieve harmony in the relationship between rulers and subjects.

The state is seen as a mechanism for maintaining order and communication between people. Confucius says that in the old days people behaved with dignity, were straightforward and honest, and strived to improve themselves.

The doctrine substantiates the patriarchal-paternalistic theory of the state (the power of the emperor is similar to the power of the head of the family, he must take care of his people like a father, and his subjects must obey him, honor and respect him like children), and social inequality is substantiated.

The ideal rule of the emperor should be based on reciprocity, the golden mean (moderation in everything) and philanthropy (deference and respect). These three foundations constitute the right path (“Tao”). Confucius advocates an aristocratic form of government, where together with the ruler government issues“noble men” decide - they follow duty, obey the law and are demanding of themselves.

Thus, the principle of meritocracy (“power of the best”) operates in public administration. At the same time, the social origin of officials does not matter; only their personal qualities are important. Examinations for ranks were introduced.

Confucius identifies the following qualities of officials: they should not be wasteful, greedy, proud, cruel, or angry; must set moral examples for the people.

The legal teachings of Confucianism were not developed, since in this theory great importance was attached to moral precepts: every person must follow the rules of ritual (“li”); love of humanity (“ren”); caring for people (“shu”); respectful attitude towards parents (“xiao”) and devotion to the ruler (“zhong”); everyone is obliged to fulfill his duty (“and”). If all subjects follow these requirements, then positive law (“fa”) will not be needed.

Legalism (“legalism”). The founder of Shang Yang wrote “Shang Jun Shu” (“Book of the Ruler of the Shang Region”). The basic concepts of the legalist's theory are based on the evil nature of man. In ancient times, people were simple and honest. Now they have become cunning and deceitful. Therefore, they need to be controlled using the law of strict punishments.

Legalism in its theories supports the interests of the nobility and officials. Legalists say that people should be kind and philanthropic, but true virtue comes from punishment. The ideal state for the legalists was eastern despotism, which was characterized by the unlimited power of the ruler.

Legalism relies on the bureaucracy and the army, as well as on repressive bodies; the purpose of governance is to establish order, which consists of the people’s obedience to laws and authorities, as well as the subjugation of other peoples. The ruler must be smart and cunning; he is the supreme legislator. At the same time, he himself is not bound by any law in his actions. Punishment for the slightest offenses must be cruel.

The legalists developed the theory of positive law (“fa”) and abandoned rituals.

Taoism. The founder is Lao Tzu (VI century BC). His views are set out in the work “Tao Te Ching” (“Book of Tao and Te”). Taoism proceeds from the description of Tao as the primary source and origin of the comprehensive law of the universe. Tao is a natural law. A person follows Tao in his life. The earth follows the laws of heaven. Heaven follows the laws of Tao, and Tao follows itself. The Tao is even higher than the gods.

The causes of conflicts in society are deviations from Tao. Lao Tzu preaches a return to unchanging natural simplicity. The state, like everything created by man himself, is a deviation from Tao, so it must be relegated to the level of the village. The best government is the one that rules the least.

Mohism - founder Mao Tzu (479-400 BC). Mohism rejects the concept of predestination in the life of every person, since this deprives human actions of meaning. The sky is a model for relationships between people. It wants people to live in harmony with each other, to love each other. In accordance with this, the Mohists put forward the concept of equality of people. To fulfill the will of heaven, the following principles must be observed:

understanding wisdom;

reverence for unity;

universal love;

mutual benefit;

defense against attacks;

actions against fate;

fulfillment of the will of heaven;

spirit vision;

thrift during burial;

protest against music.

The emergence of the state occurs naturally and is the result of a social contract. In an ideal state, the people are the highest value. He chooses a wise and virtuous ruler who must love his people. In carrying out his functions, the ruler must skillfully combine instructions and punishments. Officials and advisers are selected based on business qualities. The power of the ruler is based on good traditions, laws and moral principles.

3. Political and legal thought of Ancient Greece and Ancient Rome

.1 Political ideas of Ancient Greece early period

In the development of political and legal thought in Ancient Greece, three periods are distinguished:

· pre-philosophical (early) period (IX-VI centuries BC);

· philosophical period (VI-IV centuries BC);

· period of crisis and decline (Hellenistic) (III-I centuries BC).

The emergence and development of political and legal theories of Ancient Greece is due to the peculiarities of the socio-political system of the early Greek states (polises). In the policies, society was inseparable from the state. Every free citizen had political rights and participated in government. During the same period, classes began to take shape (slave owners, slaves). Philosophy emerges as a special form of cognition and explanation of the world. Political science has not yet been singled out. It is philosophy that tries to explain the reasons and conditions for the emergence of state and law, their purpose, and searches for an ideal state structure.

Early Greek political thought was characterized by an explanation of state and legal phenomena from the point of view of mythology.

One of the most prominent representatives of literature is Homer (8th century BC). In his works “Iliad” and “Odyssey”, he explains the existing social order by fulfilling the will of the gods, while expressing the interests of the aristocracy. Already in his works the principle of justice and legality is substantiated.

The personification of justice is “dike”. Homer also operates with the concept of customary law (“themis”) as the main regulator of social relations. Themis is a set of prescriptions and regulations in which “dike” is specified. The twelve Olympian gods, led by Zeus, are the guarantors of the fulfillment of the highest standards of behavior.

The ideas of law and a fair social order are becoming more higher value in the poems of Hesiod (VII century BC) “Theogony” and “Works and Days”. The work “Theogony” is dedicated to the just structure of society, in which the needs of the peasants are expressed. In accordance with the needs according to Hesiod, there are two supreme deities - Zeus and Themis, the goddess of justice, who must ensure and establish eunomia (goodness, legality) on earth.

Fair practices are always associated with honesty and hard work. The main principle in the life of every person should be “observe moderation in everything.”

The ideal social order is a thing of the past. First, on Earth, after the creation of people, there was a “golden age”, which was replaced by a “silver”, then by a “bronze”, then by the “age of heroes”, and later came by the “iron age”. In the “Iron Age,” arbitrariness reigns; truth has been replaced by the fist; Where there is strength, there is truth.

With the formation of ancient Greek ethics, various schools emerged that deal with issues of moral identity and explore the rules of behavior. The most prominent representatives of ethics of the early period were the following philosophers (seven sages): Thales, Pittacus, Solon, etc. These philosophers considered the rules of human behavior to be the result of social agreement.

In particular, Solon (c. 638-559 BC), who was the first archon (ruler) of Athens, sought to find a compromise between the ruling aristocracy and the people. “The state,” he said, “is an order based on law, which restrains the excessive claims of the nobility and demos (the people).”

Solon, in accordance with his ideas, destroys the clan system in Athens and introduces the territorial and property principle of state construction. According to the property principle, there are four classes, three of which were allowed to govern the state.

His political ideal was a licensed democracy, which restrains the aristocracy and the people, relying on the law as a combination of law and the force of the collective morality of the polis. Solon created a Constitution in his state as a system of fundamental laws in the life of society; it was later borrowed by the Romans.

Heraclitus of Ephesus (c. 530-483 BC) - first uses philosophical justification for politics. The basic law of the universe is logos (all-controlling mind) - the principle of order and measure. There is nothing constant in the world, everything flows, everything changes. Opposites are in constant struggle with each other. People do not live according to the logos, because wisdom is not given to everyone. This gives rise to social inequality, which is expressed in the inequality of people’s interests.

Heraclitus divides people into the foolish, who live according to their own understanding, and the wise, who understand that happiness lies in reflection and understanding that it is necessary to speak only the truth and live in accordance with the logos.

Heraclitus criticizes democracy. The political ideal for him is “aristocracy of spirit” (meritocracy). “All human laws,” he says, “must proceed from the logos, the one divine law.” At the same time, Heraclitus is a supporter of positive law. He says that “the people must fight for laws as for their walls.”

Pythagoras (580-500 BC) is a supporter of aristocracy. The worst form of social organization is anarchy, since man by nature cannot do without leadership. The position of each group of people in society is determined by its characteristic hierarchy of values.

The main values ​​for him are the beautiful and decent, followed by the profitable and useful and, finally, the pleasant.

Pythagoras represents the aristocracy as the rule of the intelligent and moral people living in accordance with the beautiful and decent. Harmony between the citizens of the polis is possible thanks to justice, which he understands as retribution to equals for equals.

He presents law as an equal measure for regulating the relations of unequal individuals. Pythagoras builds his hierarchy of laws. He does not recognize custom. Positive laws must be just and in accordance with divine law.

3.2 Political and legal theories of Ancient Greece of the classical period (Democritus, Sophists, Socrates)

The classical period was characterized by developed philosophy and the emergence of a rational approach to explaining politics and law.

Democritus (c. 460-370 BC) believed that everything that exists consists of atoms and antipodes, the state of which leads to the emergence of a variety of objects and phenomena. Their connection is determined by necessity. This necessity forces people to connect with other people.

Man is an animal by nature, capable of any learning and having his hands, reason and mental flexibility as assistants in everything. People should observe moderation in everything.

Society and the state are the result of social evolution from a state of nature. The state is created to achieve the happiness of everyone. It is based on communication and friendship.

The main goal of the state is to achieve euthumia (“good mood”), that is, a state of serenity and harmony of the soul. Democracy will help achieve euthumia, which, ideally, should be combined with a component of aristocratic rule.

Wise men do not need laws, since they live in accordance with moral standards, they live unnoticed. Laws are needed for the crowd.

Democritus examines regulations social relations, puts morality above all else. Law is only an auxiliary means that is artificially created by people.

He considered it natural to divide people into rich and poor. However, wealth should be used wisely, it should be used to benefit the people.

The involvement of political and legal topics in the circle of wide discussion is associated with the sophists who appeared in the 5th century. BC e. in Ancient Greece. They taught the art of defeating the enemy in disputes and litigation, and disseminated knowledge about politics, philosophy and law among citizens. For the first time they recognized man and his good as the highest value.

The Sophists are divided into two generations:

)elders (Protagoras, Hippias, Gorgias, Antiphon);

)younger (Thrasymachus, Callicles).

Man is the measure of all things that exist in that they exist, and non-existent in that they do not exist.

The world is full of artificial inventions that destroy this measure. These include written laws, since they are power restrictions on people. The law often embodies a tyrannical principle and does not strive for the true good of man. True good is given by nature, since it is in nature that justice lies.

The nature of things must correspond to a conditional natural law, which for a person should be more important than positive state legal laws.

For existing society They offer democracy (the optimal structure), since it takes into account the interests of the entire people, and laws created by people that are most consistent with natural law.

Socrates (469-399 BC) was initially a student and follower of the Sophists, but later began to criticize their ideas (about the primacy of fair laws in society).

Socrates rejected the relativism of the sophists and tried to explain the objective nature of ethical and moral norms, as well as to substantiate the moral nature of the state and law.

He identified law and justice.

Government activities and policies must be subject to compliance with laws, including civil laws.

He uses the concept of “folk morality”.

Examining the governmental structure of society, Socrates identifies “good” and “bad” forms of government, depending on whether they are based on the will of the people.

Monarchy is government with the voluntary consent of the people based on the laws of the polity. Tyranny is rule against the will of the people according to the arbitrariness of the ruler (the worst form of government). That state where officials are elected from the people and carry out the laws, that is, the rule of a few elected in the interests and with the consent of the majority is an aristocracy. If the majority of the people participate in governing the state, it is democracy.

Socrates puts forward the idea of ​​free relations between the state and the citizen: if a citizen is not satisfied with the state-legal structure, he can freely leave the country or fight lawlessness, but if a citizen recognizes the power of the state and society, he must fully comply with their instructions.

Socrates asserts that freedom, that is, “pure justice,” is a higher value, the ideal of the social and state structure, and civil rights and responsibilities are the embodiment of the free choice of citizens.

3.3 Plato's state-legal theory

Plato (427-347 BC) is one of the greatest thinkers in the entire history of philosophy, political and legal doctrines. He is considered the founder of objective idealism.

He dealt with the general problems of the world of truth through human knowledge, the concepts of beauty in the world of human activity. Within this framework, he reveals issues of truth and justice of the social and governmental structure.

His works: “State”, “Laws”, “Politician”.

In accordance with his ideas, truth lies in the achievement of incorporeal ideas of things, and the phenomena of all things are not true, they are only a reflection of ideas.

The state is synonymous with society. The ideal of the state depends on the requirements that are presented to a person and the implementation of his activities.

Laws are the principles of social life, the requirements of society for a person. The state is the embodiment of good and justice.

Good is what preserves.

Everything that leads to change is evil.

Thus, the good consists in a person’s desire for justice, which is established for the whole society and for each person.

The purpose of the state is to ensure the stability of society and preserve reasonable foundations.

The state arises when a person cannot independently satisfy his needs. Then he attracts another person; when in need, people come together to live together and help each other. This is the state.

Thus, the state is a social structure, which is accompanied by a system for managing common needs. “Life in a state is necessary for a person.” But to achieve its goal, the state must be fair.

The minimum number of people for the state is 3-5 people. This makes it possible to organize specialization of labor in the common interests. Over time, the number of people grows, demands increase, more interests and aspirations arise, and the number of professions expands. People begin to group themselves into classes:

)producers (artisans, traders);

)guards (warriors - protection of order);

)sages-philosophers (they play a special role in the state and have broad powers).

A fair structure of the state is for everyone to do their part. An ideal state should implement:

.Wisdom is the highest knowledge, the ability to answer any question about the state and law. Rulers can have it.

.Courage is a correct and legal opinion about what is scary and what is not.

.Discretion is the harmonization of the best qualities of people and the curbing of the worst.

.Justice.

Plato identifies forms of government that correspond to the makeup of the human soul:

)by the number of rulers:

autocratic rule;

Oligarchy;

democracy;

2)on the content of activities of state institutions:

Timocracy (military rule);

oligarchy;

democracy;

Plato considers the best aristocratic society as the rule of the worthy. In this case, the only policy guideline should be laws. Society should not violate positive law and established customs.

In an ideal state, laws should have a single common goal - virtue (the establishment of divine and human benefits).

The law is inevitable and necessary due to the imperfection of human nature. Its goal is to educate the rational qualities of people.

The purpose of laws is to establish specific regulations in order to understand people.

The most serious crimes according to Plato are sacrilege, crimes against the state system, theft, murder, insult by action, etc.

He divides crimes into: malicious; committed in rage and unintentional.

Plato talks about the inviolability of property. The desire to get rich is evil. It is necessary to strictly regulate trade, establish incentives only for small trade.

Justice is the education of citizens. There are three institutions for hearing cases:

· court of mediators;

· neighbors' court;

· professional judges.

Plato was a supporter of orderly judicial proceedings and the protection of citizens in court. He considers eyewitness testimony to be the main evidence.

He proposes to create a “night watch” (guard).

Key ideas:

1)the procedure for exercising power is established by law;

)a citizen can have a family, own a house and land plot, which belongs to the state and is inherited;

)there are no classes, but four classes are introduced, which are determined by property qualifications;

)Only free people can be citizens;

)private property must be equalized, luxury is excluded;

)The form of the new state is a mixture of the principles of monarchy and democracy (headed by 37 elected rulers).

.4 Aristotle's doctrine of state and law

Aristotle (384-322 BC) is considered the founder of political science, shaped its subject and method.

His works: “Politics”, “The Athenian Polity”, “Nicomachean Ethics”.

The state is a form of community of citizens who enjoy a known political structure. This requires the presence of virtues: courage, prudence, justice and prudence. They are an acquired state of the human soul and their presence distinguishes a person from an animal.

State policy is determined by the nature of man as a political being. It is expressed in the need to live together and the presence of ideas about good and evil, justice and injustice. Politics is the sphere of integration of citizens into the community, into a civilized form of community. Its goal is the benefit of the entire people and state. A politician must take into account human nature and not set as his task the education of morality in citizens. It is enough that they possess the qualities of citizens (the ability to obey authorities and laws).

Aristotle views the state as the perfect form of human life.

Political structure is the order that underlies the distribution of state powers. It includes:

three branches of government (legislative, judicial, administrative);

the rule of law.

Law is dispassionate reason. The basis on which those in power must rule and protect the form of state life is the law.

The main element of the state is citizens. These include those who participate in management, bear military service and serves the gods, with the exception of slaves.

The state is a product of natural development. Initially, there was a family in which there were three kinds of relationships: lordly (the power of the housekeeper), marital and parental. Families are organized into villages, and these are united into states.

Thus, Aristotle is the founder of the patriarchal theory of the emergence of the state.

Forms of government:

)correct (monarchy, aristocracy, polity (the best));

)incorrect (tyranny, oligarchy, democracy).

Rule by one: monarchy, tyranny;

rule of the few: aristocracy, oligarchy;

majority rule: polity, democartia.

Conditions for the existence of an ideal state:

· limited area;

· Population.

According to Aristotle, it should have an aristocratic form of government, in which only rulers and warriors are citizens. Land in such a state should be divided into public and private.

A combination of all these conditions is not feasible.

A better form of government is possible. It must be mixed (the virtues of the best forms) and moderate (so that the disadvantages of oligarchy and democracy can be overcome). This is a polity.

Signs of polity:

.medium sized property;

.the predominance of the middle class with average income;

.the social support of power is landowners;

.political power- in the hands of warriors;

.principle of political justice.

There is equalizing justice (property relations) and distributive justice (social status of a person). The basis of equalizing justice is arithmetic equality. Distributive justice is based on the principle of geometric equality in proportion to the contribution of a particular member of society, and involves appointment to positions and rewards in accordance with a person’s merits.

In life, one form of government passes into another.

In the Nicomachean Ethics, Aristotle argues that law arises in the process of political communication between people and is the relationship of one person to another.

Law serves as a criterion of justice and acts as a regulatory norm political behavior. Good legislation and the legislation that goes along with it fosters human virtues (a sense of justice).

Law is right.

There is precisely political law. It is divided into natural and volitional (conditional).

Natural is something that has the same meaning everywhere and does not depend on recognition or non-recognition of it. This is a set of universal ideas and requirements that most fully reflect a person’s natural inclination to communicate.

What is established by the will is an equal measure regulating relations between people; it is written law and customs. The principle of legality is substantiated - the power of deity and reason.

3.5 Political and legal thought of Ancient Greece during the period of the decline of the political system (theories of the Epicureans, Stoics)

Epicureans are followers of the philosopher Epicurus (341-270 BC).

Man and society are subject to the natural process of universal development. By learning the laws of nature, a person correlates them with his behavior. On this basis, ethics is formed as a connecting link between nature and society.

Man is a rational being, he strives for freedom (a measure of rational behavior), obtaining pleasure and achieving ataraxia (serene peace of mind). He must be content with little, limit his desires, and strive for independence from society.

To achieve happiness, people must improve - states and laws are created. In the pre-state state, people are like animals, they are dominated by fear and enmity. Legal standards are created to ensure safety.

Epicurus's doctrine of the state is based on the idea of ​​a contract of common benefit. The state is a form of political communication, an association of morally perfect people created for the purposes of security and overcoming fear.

Justice is conditional.

Epicurus distinguishes between right and law. The law is a guarantee of individual autonomy. It must be fair, corresponding to natural law, which is the idea of ​​natural justice. Laws must protect the wise from the crowd.

Epicurus advocates moderate democracy.

Stoicism. The founder of Stoicism was Zeno (336-264 BC). The main figures of Stoicism are also Marcus Aurelius, Seneca, Cleanthes and others.

They criticize the ideas of the Epicureans and develop the ideas of Plato and Aristotle. The Stoics proceed from the predestination of all things and the fatalism of the world law, that is, fate, the mind of the universe, the universal law of all things.

According to Zeno, “natural law is divine and has the power of commanding what is right and forbidding the contrary.”

Natural law is established by nature. Every person should live according to it.

The natural desire for communication, the connection between people is the basis for the emergence of the state. The purpose of the state is the common good and justice.

Law is understood by the Stoics as a measure of proper behavior, life in harmony with nature. There is natural law (above all) and positive law (laws, customs). “What you don’t wish for yourself, don’t do to someone else.”

The teachings of the Stoics had a noticeable influence on the views of Polybius (200-123 BC). “History in Forty Books” is his main work.

Everything in the world is ruled by the law of fate. Man, as a part of nature, must obey him.

Society, like any natural organism, arises, flourishes and declines, and the state also arises. The need for a state is due to the weakness of man.

The historical process is a change in the forms of the state, each of which suffers from imperfection:

monarchy - tyranny - aristocracy - oligarchy - democracy - ochlocracy.

The best form is mixed: Roman Republic.

Right is to live in harmony with nature, honestly and virtuously. It is thanks to customs and laws that a well-ordered state is stable and does not degenerate.

3.6 Ancient Roman legal thought, views of Cicero and Roman jurists

The political and legal thought of Ancient Rome is characterized by:

)rationalism;

)the emergence of jurisprudence as a political and legal science;

)legitimization of power and power institutions, carried out in connection with the idea of ​​law and law.

The ruling classes develop legal mechanisms to protect their own interests. The state was viewed as a public legal community based on agreement in the fundamentals of law and serving to protect property.

)law was understood as a universal, equal scale corresponding to the nature of things.

Stages of development of Ancient Rome:

.royal (754-509 BC);

.Republican (509-27 BC);

.imperial (27 BC-476).

Marcus Tullius Cicero (106-43 BC) is a famous Roman orator, politician and thinker. Cicero outlined his political and legal views in the dialogues “On the State” and “On the Laws,” as well as numerous political and judicial speeches.

The state is the general legal order.

A people is a union of many people connected by agreement in the field of law and common interests. Cicero creates an image of an ideal citizen who must follow such virtues as knowledge of truth, justice, decency and greatness of spirit.

He supported Aristotle's ideas in the area of ​​the origin of the state and believed that people have an innate need to live together, there is a need to protect private property.

Achieving agreement among people on issues of law depends on the form of the state:

a) correct (royal power, power of the best, democracy);

b) incorrect (tyranny, oligarchy, ochlocracy).

The ideal is a mixed form of government (Roman Republic). It can become eternal if:

separation and mutual balancing of powers;

the activities of a wise ruler;

the presence of an ideal citizen as a subject of state and law;

the presence of fair laws.

A politician must be smart, educated, know the science of state and law, strive to serve the common good, defend justice, be decisive, valiant and eloquent.

Develops the Stoic doctrine of natural law - the expression of reason and justice. According to legal force and time of occurrence, it distinguishes between natural law (established by nature and does not depend on the opinions of people) and written law (human decision).

The right is divided into:

public;

law of peoples.

Written law must conform to the requirements of natural law. Written laws include the laws themselves, customs and traditions, as well as the judgments of judges.

The equality of all before the law is affirmed; everyone must fall under its action.

Initially, a monopoly on resolving issues in Ancient Rome belonged to the priests - pontiffs, who compiled collections of legal formulas that were not accessible to anyone. Law was considered a reflection of divine providence.

The emergence of secular jurisdiction is associated with the name of Gnaeus Flavius, who stole a collection of legal formulas from his owner.

The main questions of the science of law were:

· the ratio of normal and deviant behavior;

· interaction between private and public law;

· systematization and codification of law.

Significant contributions to the development of jurisprudence were made by Manilius, Marcus Junius Brutus, and Sulpicius - all of them came from senators and advised on legal issues.

Forms of participation of lawyers in dispute resolution:

1.respondere - answers to legal questions of individuals;

2.cavere - communication of the necessary formulas and assistance in concluding transactions;

3.agere - communication of formulas for conducting cases in court.

In the classical period, emperors, in order to weaken the power of senators, granted lawyers the right to interpret legal norms. These interpretations were equivalent to laws. Such interpreters were Guy (II century), Papinian (II-III centuries), Paul (II-III centuries), Ulpian (II-III centuries), Modestine (II-III centuries).

Law during this period reflected the needs of real life. Legal understanding is being established and standards of social behavior are being developed.

The philosophy of the Stoics had an influence - the source of law is considered to be the divine mind, which created nature and everything on earth in accordance with justice (law is a measure of justice).

Paul: law is what is always fair.

Ulpian: law is the art of justice.

Justice is the science of what is just and what is not.

Justice is the unchanging and constant will to give everyone his right. Precepts of law: live honestly; do not harm another; give each one what belongs to him.

Law is divided into private (the benefit of individuals) and public.

Ulpian proposes to divide private law into:

a) natural (nature’s prescription for people and animals). All are born free; Natural law regulates family relations and the upbringing of children.

b) the law of peoples (in relation to conquered peoples and neighboring states);

c) civil (regulates property relations of free Romans).

4. Political and legal thought of the Renaissance and Reformation

.1 Machiavelli's political doctrine

Niccolo Machiavelli (1469-1527) - a prominent lawyer and politician of the Florentine Republic. He outlined his ideas in the works “The Sovereign” (1513), “Discourse on the First Decade of Titus Livius” (1519). Considered the founder of political science.

In his theory, he proceeded from the position of predestination of all things, as well as from ideas about human nature. Everything in the world is controlled by fate. If you have certain qualities, a person can change his destiny. To do this, he must be cunning and enterprising.

The emergence of the state is associated with the natural inclination of man to live together with his own kind, with the desire for security and protection of property. In order to protect themselves from external and internal dangers, people elect from among themselves the strongest, bravest, most worthy, who becomes the ruler.

Thus, the main task of the sovereign is to provide for the common good and protect his subjects. If in his actions a ruler allows cruelty, violence, deceit, deceit, this is justified only if he cares about his people. If his functions are performed correctly, the sovereign is not responsible to anyone. He is also the supreme legislator.

An ideal ruler must combine the qualities of a fox, which avoids traps with cunning, resourcefulness, intelligence, and a lion, which defeats its opponents with strength, courage, and fearlessness.

In his actions, the ruler must be guided by the principle of protecting the property of his subjects. "End justifies the means".

Machiavelli was the first to introduce into political science the concept of “stato” - the state as a specially organized political power. This power is one, absolute, sovereign and inalienable.

There are three forms of government:

monarchy;

aristocracy;

republic.

He considered the ideal form of government to be a republic following the example of Rome. However, in order for the state to be organized in perfect shape government, strict order must first be established. This is impossible without the stage of monarchical power. “Laws are just the will of the sovereign, which is binding on his subjects, but does not bind him.”

4.2 Political and legal ideas of the Reformation Western Europe

Reformation as a movement to change the organization catholic church, began in the 16th century. in Western and Central European countries.

There were two trends in the Reformation:

· Moderate - large burghers; advocated reforming the church, making it cheap and changing its status. The Church should not be the only mediator between God and man.

· Radical - urban and rural lower classes; advocated a change in church organization and the entire social order.

Martin Luther (1483-1546) is considered the ideologist of the moderate wing; he initially opposed the sale of indulgences. His works: “Ninety-five theses against indulgences”, “On secular power” (1523).

Luther denies the essence of the Catholic Church and says that most of the social misfortunes depend on a misconception about the relationship between secular and spiritual powers.

God initially created the spiritual and earthly world. The Church should be responsible only for the spiritual education of a person, convey to people the divine law enshrined in Scripture, and should not interfere in the sphere of secular power. IN earthly world There is a natural law that regulates the external behavior of a person, as well as issues of property. A person, observing natural and divine laws, can himself come to salvation without the mediation of the church.

Each person chooses for himself whether to believe him or not. And no one can force him to choose one religion or another. “Everything related to religion is a free matter.” Secular power is divinely established. People must obey her. Luther emphasizes the importance of a wise and pious prince.

Main points:

freedom of conscience;

independence of secular and spiritual authorities.

More radical in the moderate movement is John Calvin (1509-1564). His work is “Instruction in the Christian Faith” (1536).

The main thesis is the dogma of divine predestination: God determined in advance everyone’s path to salvation. You can find out whether God favors you or not by how your earthly affairs are going. If you are pious, hardworking, moderate in desires, thrifty, enterprising, then you are destined for the path to salvation. Church representatives can only guide you on the right path. People should choose priests themselves from among the most successful and God-fearing people.

The ideologist of the radical movement is Thomas Munzer (c. 1490-1525). In 1516 he led the Christian uprising in Germany. He advocated a radical reorganization of church and social order. The ideas were presented in the Twelve Articles and the Article Letter. In his works he proposes a new social and state structure, which is based on the following provisions:

)the establishment of a peasant union and brotherhood that will result from the revolutionary actions of ordinary people;

)only the power of the people can realize the purpose of God, which is to achieve the common good;

)the idea of ​​popular sovereignty - the people are the source and subject of power, the form of government is a republic;

)election of government bodies and officials;

)prohibition of private property and class distinctions;

)universal equality and the duty to work.

4.3 Jean Bodin's theory of state sovereignty

Jean Bodin (1530-1596) - French political thinker. His work “Six Books on the Republic” (1576) expresses the interests big bourgeoisie interested in strengthening royal power.

Boden gives the concept of state and state sovereignty. The state is the government of many families and what they have in common, exercised by absolute and permanent power.

On the issue of the origin of the state, he adheres to Aristotle’s theory (the state is a means of people’s need for constant communication: family - communities - state).

Boden identifies 3 types of power and relationships:

marital relations;

parental;

master's.

Initially, all states are created through violence - this is the emergence of the state (East). Then states begin to form by right - these are legal states (European monarchies): the people obey the monarch, and the monarch obeys the laws of nature. The ruler must not violate these laws, as well as the will of God. He is true to his word, keeps promises, regulations on succession to the throne, ensures the inalienability of state property, respects personal freedom, inviolability of property, family relationships, and freedom of religion. These are the limits of state power.

Boden identifies specific features of the state:

)it is a collection of families, not individuals;

)it is a collection of families based on sovereign power.

Sovereignty is absolute and permanent power. Absolute means that it is not bound by any laws; constant - not interrupted in time. A temporary power cannot be sovereign.

Boden identifies the exclusive rights of sovereign power:

· make and repeal laws;

· declare war and make peace;

· appoint senior officials;

· realize Supreme Court;

· the right of pardon;

· the right to mint coins;

· the right to collect taxes.

These rights of sovereign power do not extend to relations governed by natural and divine laws.

The form of government depends on geographical conditions, the size of the territory, climate, etc., as well as on the character traits of a particular people. The best form of government is a monarchy. Boden criticizes democracy.

4.4 Ideas of early communism (Thomas More, Tomaso Campanella)

Thomas More (1478-1535) - lawyer, barrister, Speaker of the House of Commons, later Lord Chancellor. He was executed. His ideas were outlined in the work “Utopia” (from the Greek “island that does not exist”) in 1516.

In his work, T. More identifies the reasons that underlay social disasters in England of that period, and the main one is the presence of private property, which leads to property, and subsequently, social inequality.

T. More in his work substantiates the possibility of state prosperity without private property.

"Utopia" is an island divided into 54 equal districts. In their structure they resemble an ancient polis. In total, 6 thousand families live in this state. Each family has 10-16 adults engaged in a certain type of craft. Work is everyone's responsibility. This is how public administration is built.

Every 30 families elect one phylarch from among their members for a period of one year. Every 10 phylarchs elect one protophylarch. These are officials; their powers are not privileged.

All phylarchs elect a ruler (princeps) by secret ballot, whose power is limited by the People's Assembly and the Senate. The Senate consists of 162 senators, elected by the people, three from each city. The main task of all officials is to resolve current and most important affairs in the state.

Thus, in terms of the form of government, Utopia is limited monarchy. There are very few laws in Utopia, since the inhabitants have high moral qualities.

The work is 6 hours every day, incentives are provided for conscientious work. In order to avoid property conflicts, every 10 years the inhabitants of Utopia exchange houses and all their property.

There is no private property, which leads to the absence of property crimes. For crimes against property, a person can be reduced to slavery, which is not hereditary. Slaves perform the most difficult and unattractive jobs.

Tomaso Campanella (1568-1630) in 1602 created the world famous “City of the Sun”, in which he expressed his ideal of social government.

Management in the “City of the Sun” is built on the principle of sovereignty, total control over all spheres of human life, and professionalism in management. The form of government is an aristocratic republic.

The head of the state is the most learned, high priest, metaphysician named the Sun.

He has three co-rulers:

)Pon (Strength - in charge of military affairs);

)Sin (Wisdom - knows all sciences);

)Pestilence (Love - governs childbirth, raising children, production of clothing, food, etc.).

There is also a Council of thirteen officers. At the same time, every solarium (resident of the City of the Sun) can speak at the Council. This body performs supervisory functions.

There is no private property or slavery in the City of the Sun. There is a universality of labor; 4-hour working day; free time Solariums are dedicated to art, science, and self-improvement.

At the same time, in the city of the Sun, any luxury is prohibited and strict regulations apply. Children are taken from their parents and placed in the care of educators. There are few laws in the City of the Sun; they are short and clear.

The subject of dispute between solariums is mainly issues of honor.

The trial is public, oral and speedy. Punishments are always fair and appropriate to the crime.

5. Political and legal thought Kievan Rus and the Moscow state

5.1 General characteristics of political and legal thought of Kievan Rus

Kievan Rus did not represent a single centralized state. There was an almost constant struggle for the grand-ducal throne; internal contradictions were complicated by the need to protect the borders from nomadic tribes. The formation and development of the state was complicated by the constant external danger and the struggle of the Russian lands for their independence. This left an imprint on the mentality of the Russian people and determined the main directions of political and legal thought.

Main ideas of the 9th-13th centuries:

The idea of ​​independence of the Russian land;

the unity of Russian territories and strong princely power.

Kievan Rus as a state originates in the 8th century, takes shape in the 9th century, and functions as a single political mechanism until the middle of the 12th century. As an ethnic and cultural community, Kievan Rus continued to exist until the formation of the Moscow state.

Kievan Rus was an early feudal state - a monarchy headed by the Grand Duke, who relied on a squad.

In legal theories, Kievan Rus has not yet taken shape. Ideas are contained in literary sources and treatises.

Peculiarities:

1) the significant role of state power, and not the property factor;

) highly developed spiritual culture;

) the special role of the Orthodox faith, which set the main stereotypes of political thinking and legal consciousness.

Political and legal ideas were intended to serve real practice. Their creators were prominent statesmen and sovereign figures.

Basic Concepts:

1) the Russian land is like a home - the abode of the Russian people: the prince must take care of the protection of his people, the deceit of princes gives rise to general disaster;

) the idea of ​​the divine origin of princely power and the responsibility of princes before God: Orthodoxy becomes a state ideology. The prince, being an autocrat, must rule together with the entire princely family. The emphasis is on the divine home. The duties of the prince are to serve his people, protect his land and protect Orthodoxy;

3) the theory of the relationship between princely and religious power: the prince is both the head of state and the creator of the church organization. The government that has chosen a religion must follow its commandments, protect it and strengthen it. Religion and the church organization must support the state. The state ideology is based on Orthodoxy as a spiritual basis;

4) the concept of ethnic tolerance: people of other faiths have equal rights with Orthodox Christians. There are no racial or national theories. This made it possible to create a huge multicultural and multinational community.

5.2 “The Sermon on Law and Grace” by Metropolitan Hilarion. Political and legal ideas of Vladimir Monomakh

“The Sermon on Law and Grace” is the first Russian political treatise, written in the 11th century by Metropolitan Hilarion of Kyiv.

It reveals the interaction of Law and Truth.

The law is the conductor of someone else's will of a lord or god. It is designed to determine the external actions of people until people achieve internal perfection.

Truth is the teaching of Christ, is associated with the achievement by a Christian of a high moral status in the study of the New Testament and embodies its requirements in his own consciousness and behavior. If a person has learned the truth, then his external actions are determined by internal conviction and faith. Such a person does not need the law. The law only prepares a person for the truth. They interact, not oppose.

The moral behavior of a person in society, the expansion of the ideals of Christianity is the basis for spiritual improvement man and replacing law with truth.

Hilarion affirms the idea of ​​equality of all peoples living on earth.

He's trying to show global significance Russian state. In terms of its status, it is equal to both the East and the West.

The power of the Grand Duke is based on truth and has divine origin. He is responsible before God for the labors of his people and must ensure peace and just government. The prince is the heir to a large kingdom. The throne must be passed on from father to son. Justice is administered by the prince truthfully and fairly.

Thus, the ideal prince should be God-fearing, just, courageous and far-sighted.

Political and legal ideas are further developed in the works of Vladimir Monomakh (1053-1125): “Teaching to Children”, “Message to Prince Oleg of Chernigov”, “Excerpt”.

The political content of his views is most clearly presented in the Instruction, where great attention is devoted to the problem of organization and implementation of supreme power and justice. Monomakh advises all princes to resolve issues collectively, together with the squad, to prevent “lawlessness” and “untruth” in the country, and to administer justice “in truth.” The prince himself must administer justice, not allowing violations of laws and showing mercy.

His denial of blood feud resulted in his complete rejection of the death penalty.

The prince is responsible to his subjects and opposes civil strife and war. All issues must be resolved amicably. If the princes are not happy with the decision, they can write a letter to the Grand Duke with their claims.

The church occupies an important, but clearly subordinate place in the state. Vladimir Monomakh honored clergy, but gave preference to lay people who try to help their country and people with “small good deeds.” Faith acts as the moral support of power.

5.3 Features of the political and legal ideology of the Moscow state. The concept "Moscow - the third Rome"

The Moscow state was considered the political successor of Kievan Rus, and the princes were considered the ancestors of the royal family.

Ideology acted as a link between the government and the people.

Particular attention in the political doctrines of Moscow was paid to substantiating the divine origin of the tsar's power. This was necessary to strengthen the ideology of absolute autocratic tsarist power and justify its legitimacy. The older the royal family, the more reasons the ruling dynasty has to remain in power and independently resolve the most important political issues.

The Moscow state formed its own political concepts, which were based on the ideas of Kievan political thinkers preserved from Kievan Rus:

1) The Moscow state plays a special role in the history of mankind;

) the idea of ​​a divinely adored, divinely crowned Christian tsar, who is the father of the Russian people, their protector and guardian of Orthodoxy. The king must be pious, observe the will of God, and since the origin of his power is divine, he is responsible only to God.

The monk of the Pskov Eleazarovsky monastery Philotheus created the concept of “Moscow - the third Rome”.

Philotheus says that there is a certain ideal heavenly state, the “Romean Kingdom.” At a certain period of time, this ideal state exists on earth, which is a stronghold of faith. His goals have always been the desire to establish orders on earth that correspond to the orders of the heavenly kingdom. The prosperity of an earthly state depends on its devotion to faith. When it departs from the true faith, destruction awaits it.

The key role of the Moscow state in preserving the Christian faith is emphasized. The first Orthodox states of Rome and Byzantium fell due to the fact that the emperors and people retreated from the true faith and were unable to preserve it. Moscow became the Third Rome, and there will never be a fourth. This is where the idea of ​​the special responsibility of the Russian Tsar for the fate of the state entrusted to him by God comes from. A king is a divinely crowned Christian ruler. He must be the ruler and protector of his subjects, take care of churches and monasteries.

Philotheus opposes freedom of judgment and denies all pre-Christian culture.

5.4 Political ideas of Ivan the Terrible and Andrei Kurbsky

Ivan IV the Terrible (1530-1584), known primarily as the Moscow Sovereign, in his ideas substantiated the theory of unlimited autocratic power.

State power is given to the ruler by God, therefore resistance to the supreme power is unacceptable, as is resistance to divine providence. The tsar is responsible for his actions only before God, the tsar is independent of the boyars and the people, his power is united and absolute. Only under this condition can the tsar ensure a unified direction of policy and order in the state. There can be no contractual relations between the king and his subjects.

Power is asymmetrical; there is no equality of rights between the ruler and his subjects. The sphere of functioning of the supreme power is not limited in any way. The king can even interfere with the foundations of the monastery church.

The king on earth is the supreme judge. The royal court is punishment for sins.

Ivan the Terrible claimed that the kings descended from the great Russian prince Rurik and the Roman emperor Octavian Augustus. Thus, he emphasized the continuity of power.

Thus, the king is God’s vicegerent on earth, carrying out his will. In his actions he is not limited by anything and is not responsible to anyone. The king must be formidable. He can use all means in governing the people. His subjects must revere him, fear him, and obey him unconditionally, like children to their father.

Andrei Kurbsky (1528-1583) belonged to the noble Rurik family. Opposes the ideas of Ivan the Terrible.

He condemns the chaos perpetrated by the king. All the autocrat’s sins will have a detrimental effect on himself and on the future of his family, on the entire Russian people as a whole.

A. Kurbsky advocated an estate-representative monarchy, against individual rule. The king must rule based on a permanent advisory body, like Elected Rada- board of advisors.

The power of the king must be limited by the law of divine institution and the estate-representative body. The Council under the Tsar should include noble nobles who are distinguished by piety and knowledge government controlled. The king himself must fulfill his duty to the people, take care of their welfare, and follow moral commandments.

The factor restraining royal arbitrariness is the Church. She must prevent lawlessness, call on the authorities to fulfill their high purpose, and be a protector of her subjects. At the same time, secular and church authority should be independent centers, each of which should do its own thing.

5.5 Concept of state and legal reforms by Ivan Semenovich Peresvetov

Ivan Semenovich Peresvetov is one of the prominent Russian thinkers of the 16th century. He analyzes the reasons for the military superiority of the Turkish people and tries to transfer its most important features to Russian reality.

The most significant works of Ivan Peresvetov are “Large and Small Petition to Tsar Ivan IV the Terrible”, “The Tale of Magmet Sultan”. In his works, I. Peresvetov examines the concepts of “truth” and “faith”, tries to explain the reasons for the military and political successes Turk and proposes the concept of state and legal reforms for the Moscow state.

Truth in his works is synonymous with “right” and “justice”. Truth is something in accordance with which one should live, govern, judge and punish, truth is also good deeds, it is a set of certain ideas about the world, in this sense, truth is truth.

Faith is a set of Christian religious dogmas, which also establish rules of behavior and bring people the truth.

Thus, truth and faith are inextricably linked. People's actions are governed by faith and truth. Truth is the norm of the law. If there is faith, but there is no truth, there will be lawlessness in the country. Laws must be fair, the same for everyone, clear and understandable to every person.

I. Peresvetov proposes a project for reforming the state apparatus, the taxation system, military reform, as well as changing the judicial and legal systems.

) it is necessary to change the taxation procedure: all funds received locally from taxes and duties must be sent to the general state treasury, and then distributed for reasonable state needs. It is necessary to abolish the decision system and assign salaries to officials from the state treasury;

) it is necessary to form a trained, professional army. It will be provided from the treasury. Titles and positions should be distributed according to merit, and not according to origin. With such an army, the state will be able to effectively defend its borders and wage wars of conquest.

In addition, Peresvetov advocates reforming the judicial system. Speaks out against bribes of judges. Proposes introducing a system of professional judges receiving state salaries. Whatever is awarded by the court should not go to the judge. Justice must be administered according to court books that are the same for everyone.

6. Political and legal teachings of Holland and England in the era of early bourgeois revolutions

6.1 Hugo Grotius' theory of natural law

WITH late XVI V. before early XVII V. The revolutionary struggle against feudalism begins in Western Europe. The first bourgeois revolutions took place in the Netherlands and England.

The ideological basis of this period was the Protestant doctrine and Protestant ethics.

During this period, the theories of natural law and social contract, which were anti-feudal, bourgeois in nature, were formalized.

Hugo Grotius (1583-1645) - the first major theorist of the school of natural law, a Dutch scientist, and an outstanding political thinker. He substantiated the rational doctrine of European and international law. He wrote about 90 works on jurisprudence, history and philosophy.

The main work is “On the Law of War and Peace. Three Books (1625), which explains natural law and the law of nations, as well as the principles of public law.

He distinguished between the subjects of legal and political science.

The subject of jurisprudence is the question of law and justice, the subject of political science is utility and expediency.

On the issue of law, Grotius adheres to the views of Aristotle and divides law into natural and volitional.

Natural law is the dictates of common sense, law in the proper sense of the word. It consists of giving others what is theirs and fulfilling the duties assigned to them. The source of natural law is the rational nature of man, his natural inclination to communicate. Rules of communication are sources of natural law. These rules include:

) abstain from other people's property;

) return someone else’s item received and compensate for the benefit;

) obligation to keep promises;

) compensation for damage caused through our fault;

) giving people the punishment they deserve.

Natural law is eternal and not even God can change it. The origin of the state and positive law is a consequence of the existence of natural law.

With volitional law, people unite in unions. The state is a union of free people for the sake of observing law and achieving common benefit. The origin of state and intrastate law is the result of the existence of the natural law of the state; it is formed through agreement. The essence of the supreme state power is that it is not subordinate to any other power and its actions cannot be canceled by another power. The bearer of such power is the state as a whole.

Forms of government: royal power, power of the noblest nobles, free civil community, democratic republic, etc.

Hugo Grotius believes that the form of government does not matter, since it is elected by the people when concluding an agreement on the formation of the state. The natural rights and freedoms of citizens cease from the moment this agreement is concluded, since the state assumes responsibility for their protection. Much attention is paid to war, which does not contradict natural law.

Grotius identifies the principles of international law. In his opinion, the war should be conducted according to the laws of international law.

6.2 Development of the theory of natural law by Benedict Spinoza

Benedict Spinoza (1632-1677) - natural law theorist, Dutch materialist philosopher.

His views are revealed in the following works: “Theological-Political Treatise”, “Political Treatise”, “Ethics Proven in Geometric Order”.

The basis of Spinoza's teaching is the idea of ​​strict regularity, the causality of all phenomena.

Man is a part of nature, therefore natural laws and natural law apply to him.

Spinoza proceeds from the foundation of all things by the divine will, the laws of nature. The laws of nature are a combination of divine will and human reason.

Spinoza calls the task of politics the extraction from human nature of everything that is best consistent with practice and real benefit. Policy must proceed from the fact that the condition for achieving the common good is the presence and provision of private property.

Man is overwhelmed by passions, while he should be guided by reason. Most people can't do this or don't want to do it. From this follows the necessity of the existence of the state and the law that arises as a result of the contract.

Laws that compel or encourage must subordinate passion to reason. In order for laws to be reasonable, they must be accepted by a large number of people, so best form government is a republic. Spinoza condemns absolute monarchy.

The state, like everything that exists, is subject to universal legality. His power is based on force and coercion. The limits of power are not to undermine its authority and not to cause indignation among its subjects.

The state arises as a result of a contract; its essence lies in the transfer of the citizen’s powers to society. The state must ensure a balance of power between subjects and government.

This balance is dangerous to upset. In a republic, democracy always rests on the consent of its subjects, on the reasonableness of the law, freedom and universal equality. Since the nature of all people is the same, the common people cannot be worse than the nobility.

Spinoza affirms the idea of ​​“popular sovereignty,” according to which the source of supreme power is only the people. At the same time, only citizens themselves or through representatives can exercise the legislative function, since laws must correspond to the interests of the people.

6.3 Main directions of political and legal doctrines of the English bourgeois revolution

The English bourgeois revolution (1640-1649) was determined by the need to change the feudal order and limit the arbitrariness of rulers.

The revolution had as its religious basis the idea of ​​Calvinism in its various varieties.

The main currents in the revolution were the urban bourgeoisie, gentry, peasantry, and conservative nobility.

Main reasons for the revolution:

) the contradiction between the bourgeoisie and the old feudal structure;

) dissatisfaction with the ruling dynasty;

) contradictions between the Anglo-Saxon church and the ideology of Puritanism.

There were three main parties:

1.Independents - representative is John Milton (1608-1674). This party stood for complete independence and self-government of believers, subject to the English church and king, for freedom of conscience and for a constitutional monarchy.

.Levellers - led the party by John Lilburne (1613,1614 or 1618-1657). The Levellers advocated the continuation of revolutionary actions, the adoption of a democratic constitution, the establishment of the rights and freedoms of citizens in it, the consolidation of natural human rights and freedoms, freedom of conscience, speech, and private property. The ideas of primacy, supremacy, and sovereignty of the power of the people were expressed. The state is the result of a general agreement, according to which power is transferred to the ruler according to the will of the people. The Constitution of the Republic of England was developed, enshrining the principle of popular representation, the rule of law, and the separation of powers into the legislative, judicial and sheriffs' meetings.

.Diggers - the most prominent theorist of the movement was Gerard Winstanley (1609-1676). They condemned the entire social system of England, since it was based on inequality, advocated the transfer of land to the people, the establishment of a republican form of government, elective power, suffrage for the propertied, the complete eradication of private property.

6.4 Political and legal ideas of Thomas Hobbes and John Locke

Thomas Hobbes (1588-1679) - English philosopher and natural law theorist. His doctrines are: “Philosophy, the beginning of the doctrine of the state,” “Leviathan, or matter, form and power of the state.”

In his works, Hobbes expresses the idea that all people are equal, but they are subject to fears, ambition and selfishness. Man is a wolf to man, so a war of all against all is inevitable. This is the natural state of man. The instinct of self-preservation and the human mind help him overcome the natural state and create guarantees of his own safety.

Natural law prohibits a person from activities that are harmful to his life. Natural law is the law of peaceful coexistence of people. In order to implement it, people entered into an agreement among themselves and are obliged to follow it. According to the agreement, everyone renounces part of their rights and freedoms to the extent required by the interests of peace and justice. But in order for a natural law to become an unconditional imperative, it must be consolidated by a positive law. It is for its creation and provision that the state arises.

To establish a state, a social contract is necessary that establishes state power. The state takes away from a person part of his natural rights. The government orders, and the citizen is obliged to obey it, observe and fulfill the law. The power in the state is united.

True state power is power by agreement between the ruler and his subjects. This agreement cannot be terminated at the request of one of the parties. According to it, the people have no rights, only responsibilities.

Thomas Hobbes pays attention to the problem of legal equality, the conditions for which are:

) inviolability of the contract;

) providing protection in court;

) equal taxes;

) human protection;

) presence of a jury trial;

) the principle of proportionality of punishment to the crime.

John Locke (1632-1704) - English philosopher and political thinker.

In his work “Two Treatises on Government” he sets out his concept of natural law.

The founder of bourgeois liberalism. He tried to find conditions and guarantees for social compromise. The natural human state, according to Locke, is a state of complete freedom, equality, in which a person can independently manage his life.

In this state, peace reigns, everyone protects their interests, and in this state natural law manifests itself. There is no guarantee that such a device will be preserved. It is necessary to conclude a social contract, starting from its independent provision. This function is assigned to the state, which is created for the purpose of maintaining peace, security and justice.

The state is not omnipotent. It provides general law and establishes a judicial power to resolve disputes and punish criminals.

John Locke in his theory describes the principle of complete legal freedom and equality of citizens, the right to private property and its protection, the principle of legality.

“Where law ends, tyranny begins.”

He distinguished three branches of government: legislative, executive, natural.

7. Political and legal thought of France and the USA in the 18th century

.1 General characteristics of the Age of Enlightenment. Voltaire's political and legal views

Voltaire's political and legal views

The Enlightenment is an influential general cultural movement during the transition from feudalism to capitalism. The Enlightenment was part of the struggle waged by the young bourgeoisie, as well as the popular masses, against the old feudal system. The leaders of this era tried to establish a kingdom of equals on earth, in which people would be perfect and harmonious, and all spheres of society would be in harmonious order.

The main emphasis was placed on the discovery of knowledge, overcoming ignorance, moral improvement, and the restoration of the ideal system led by an enlightened monarch.

One of the most prominent figures of the era was the writer and philosopher Voltaire (1694-1778) (real name - Francois Marie Arouet). For his political and legal views, he was expelled from France and lived for a long time in Great Britain. He wrote: “Philosophical Letters”, “Treatise on Metaphysics”. He corresponded with many philosophers.

Voltaire opposed catholic religion and religion in general, he considered ignorance to be its source. Religion gives rise to such a negative phenomenon as religious intolerance. He criticizes feudal orders.

Man is a social being, therefore, political equality must reign in the state, as well as equality of all before the law. At the same time, property and social inequality is the basis of order and balance in society, a prerequisite for its normal development. Human freedom consists in the freedom of his will. Freedom is dependence only on the law. It is possible to achieve political equality and a harmonious legal order only in an enlightened monarchy - the Kingdom of equality and freedom.

In this case, a person is granted his natural rights (to personal integrity, freedom of speech, conscience, etc.). In an ideal state, social structure and law and order are based on the following principles:

Freedom;

protection of private property;

legality;

humanism;

liberal management methods;

separation of powers.

The ideal form of government for Voltaire was a republic, but in practice it could not be implemented. He considered a constitutional monarchy of the English type to be a realistically possible form of government.

7.2 C. Montesquieu’s teaching on state and law

Charles Louis de Montesquieu (1689-1755) - one of the prominent representatives of the French Enlightenment, eminent lawyer and political thinker.

His works include the Persian Letters (criticizing the political system of France, 1721), the treatise On the Spirit of Laws (considering the nature of natural and legal laws, 1748), and Reflections on the Causes of the Greatness and Fall of the Romans.

Like many philosophers of that time, he rejects the religious picture of the world and gives its materialistic interpretation based on the laws of nature, describing the pattern of development and functioning of society.

Montesquieu gave the classic rationale for the theory of separation of powers.

Montesquieu considers a strict and clear separation of powers into legislative, executive and judicial to be a guarantee of political freedom and stability. He proves the theory of separation of powers with the idea of ​​a system of "checks and balances", in which each of the three branches of government limits and restrains the other two. This is expressed in the rules for the formation of each branch of government, as well as in their functions and powers. The separation of powers allows us to avoid abuses and ensures the supremacy of the power of the people in the state.

Montesquieu separates society and the state and puts forward the idea that the character of the people, and then the content of legislation, is greatly influenced by the geographical factor. Legislation is also influenced by the moral factor, i.e. those qualities that relate to the people themselves. The ruler and legislator must take these factors into full consideration to create effective legislation.

Laws are necessary relations arising from the nature of things in the broadest sense of the word. Natural laws express the basic principles of human existence in nature and the relationships of people among themselves. Montesquieu rejected that the natural state of man is “war against all.”

The first natural law is “peace”: no one seeks to attack others, since everyone feels inferior. There are also positive laws:

Regulation of relations between people (international law);

regulation of relations between those in power and their subjects (political laws, public law);

regulation of relations between people as citizens (civil law).

Since all laws have the same nature, Montesquieu puts forward the idea of ​​​​the relationship between natural and positive laws. Laws must have a definite relation to the physical condition of the country, the climate, the nature of the soil and its position, its area, and the way of life of the people. All together these relations constitute what is called law.

Montesquieu advocated universal equality of people, universal suffrage, and the implementation of the principle of legality. He believed that supreme power should belong to the people, and in order to avoid abuse of power, it must be divided.

Jean Jacques Rousseau (1712-1778) - philosopher, writer, one of the most brilliant thinkers in the entire history of social and political teachings.

His views are set out in his works “Discourse on the Question: Has the Revival of the Sciences and Arts Contributed to the Purification of Morals?” (1750), “Discourse on the origin and grounds of inequality between people” (1754), “On political economy” (1755), “On the social contract, or Principles of political law” (1762).

He criticizes modern civilization as a civilization of inequality. Man is initially a part of nature, the basis of his life lies in the material sphere. The development of culture creates artificial needs that are not initially characteristic of a person; this alienates him from the natural state. For example, private property appears, which becomes the cause of inequality among people.

The first step was property inequality. As a result of the social contract between rich and poor, the state was formed. During this period, civil society takes shape.

With the creation of the state, inequality moves to the next level: inequality between the rulers and the ruled.

The natural state of society should be such a structure where a person is morally uncorrupted and self-worthy. In an ideal state, the bearer of power should be a united people. The goal of the state is the common good, based on a social contract, where the will of all is a set of private wills.

A system of laws is also being built that seeks to establish justice and equality. Rousseau opposes public opinion. He sees a way out in equalizing the property rights of citizens.

Law, understood as positive law, is an act of the general will, the result of a social contract.

J.-J. Rousseau divides laws into several types:

) political laws that establish the rules of relationship between the people and the state and ensure fundamental political unity;

) civil laws regulating relations between citizens and the state;

) criminal laws that ensure the implementation existing rules by establishing a fair punishment for the crime committed;

) general principles: traditions, customs, public opinion.

.4 Political and legal doctrines of communism in pre-revolutionary France

In the 18th century in France, the ideas of state and public socialism based on collective property arose. During this period, the works of Morelli, Gabriel Bonnot de Mably, and Jean Meslier stand out. If the ideas of the Enlightenment mostly reflected the interests of the bourgeoisie striving for power, then communist theories took into account to a greater extent the problems of peasants, workers and the urban lower classes.

Morelli (c. 1715 - date of death unknown) - French educator who carried out the most systematic justification of a communist society.

The main work is “The Code of Nature, or the True Spirit of Her Laws” (1755).

In accordance with the theory of natural law, Morelli divides human history into two periods:

) “golden age” of humanity;

) state organized society.

Morelli depicts the natural state of humanity as a “golden age”, when people live according to the laws of nature, work together, and have common property. The society is run by the fathers of the families, who were in charge of organizing labor and education.

The division of property and the emergence of private property abolish the laws of nature and give rise to greed and self-interest.

Private interest becomes a universal plague. The allocation of private property gives rise to a different form of power relations, therefore, strict laws are created. To overcome this condition you need:

Destroy private property;

regulate all aspects of life (including family relationships, art, education);

the most serious crime is murder and an attempt to introduce private property.

In an ideal state, the form of government can only be an enlightened monarchy, where the interests of society are higher than personal interests.

Gabriel Bonneau de Mabley (1709-1785), in his most famous book On Legislation or the Principles of Laws (1776), condemns social inequality and private property. He believes that these phenomena lead to oppression of the people and tyranny. Private property can no longer be eradicated, but it can be limited through laws.

He stands for the supremacy of laws in the state and the regulation of all relations; total control and strict punishments for minor offenses; introduction of anti-sumptuary laws; restrictions on land ownership.

The only source of all power is the people, they retain the right to change the existing government.

The basis of government should be the supremacy of science.

In large states the form of government should be a republican monarchy, in which royal power is limited by a strict system of representative institutions.

Jean Meslier (1664-1729) - rural priest, ideologist of stateless communism.

The undoubted merit of J. Meslier was that he was the first to call for a popular revolution as a way to achieve an ideal society.

7.5 Political and legal directions during the French bourgeois revolution

The following stages can be distinguished in the history of the French bourgeois revolution:

I. 1789-1792 - representatives of the big bourgeoisie are in power, who called themselves constitutionalists;

II. 1792-1793 - state power passes to the Girondins - representatives of the republican-minded bourgeoisie;

III. 1793-1794 - established revolutionary dictatorship Jacobins, who expressed the interests of the petty bourgeoisie, peasantry and urban lower classes.

Representatives of the constitutionalists were Honore de Mirabeau, famous for his speeches against absolutism, Emmanuel Sieyès and Antoine Barnave. They opposed the dominance of the aristocracy and absolute royal power, and for the establishment of a constitutional monarchy. During the reign of the constitutionalists, such important documents were adopted as:

) Declaration of the Rights of Man and the Citizen (adopted August 26, 1789 Constituent Assembly), where it was proclaimed that people are born and remain free and equal in rights. The Declaration established the natural and inalienable human rights to freedom, property, security, resistance to oppression, equality before the law, etc.

) The French Constitution (adopted on September 3, 1791), which established a constitutional monarchy as a form of government.

As a result of the popular uprising of 1792, the Girondins came to power (representatives are Jacques Brissot, Jean Roland). They expressed the interests of the medium and large commercial and industrial bourgeoisie. They were supporters of the republic. They advocated popular sovereignty, complete freedom of enterprise, and were opponents of state intervention in the economy. Legislative acts adopted during their reign abolished the monarchy (the king was executed), and the division of citizens into active and passive based on qualifications was eliminated.

In June 1793, the Jacobins came to power. Representatives of the Jacobin movement were Maximilian Robespierre, Jean Paul Marat, Danton Saint-Just. All of them advocated a democratic republic based on the Constitution. Only revolution can win freedom and equality. In the future, constitutional government must be established to ensure free life. They implemented measures against profiteering, established maximum prices, proclaimed the right to work, and established a minimum wage. They considered private property a natural right. The creation of workers' unions was prohibited in order to prevent conflicts in society.

Also during the French bourgeois revolution there were other directions in the development of political-right thought.

7.6 Gracchus Babeuf and the “Conspiracy for Equality”

Gracchus Babeuf (1760-1797) - leader and theoretician of the secret society "Rebel Committee of Public Safety", created in Paris to continue the revolution and establish true equality, since the poorest sections of the population were dissatisfied with the results of the revolution.

Natural structure primitive people- this society is imperfect and accidental, and communist society is a product of the human mind, it corresponds to natural law.

Babeuf's goal was to overthrow the Executive Directory and establish actual equality. After the overthrow of the directory, he proposed creating a Large National Community in the republic, organized on communist principles. All lands and property that were supposed to be confiscated from the enemies of the people were to go to her. Public ownership of land and means of production was to be established.

Babeuf believed that it was necessary to introduce joint farming, establish labor for everyone, and strict equality of consumption. Money was to be abolished.

Gradually, such a people's commune was supposed to cover the entire country. Persons not engaged in labor were declared foreigners and deprived of political rights. The rich were declared enemies of the people. Power in such a state belongs to the people's assembly, which consists of armed workers.

All these ideas were outlined in the Manifesto of Equals.

7.7 Political and legal doctrines in the USA in the 18th-19th centuries

The main representatives of US political and legal thought of this period are the participants liberation movement North American colonies, creators of the US state.

Thomas Jefferson (1743-1826) - main author of the Declaration of Independence, third President of the United States. He expressed the ideas of a contractual structure of society and the state, popular sovereignty, equality of all before the law, equality of citizens in politics. He sharply criticized capitalism. The ideal was a democratic republic of free and equal farmers. He supported the ideas of independence and independence of the North American states.

The Declaration of Independence included the following provisions:

Men are created equal, endowed with unalienable rights (to life, liberty, the pursuit of happiness);

government is established to protect the natural rights of the people, and power comes from the consent of the people to obey the government;

the people have the right to change and destroy the form of government.

Alexander Hamilton (1757-1804). He expressed the interests of the big bourgeoisie. He advocated a strong centralized state power - a federation that could prevent the democratic movement of the people, and for resolving the conflict with Great Britain.

He is a follower of the theory of separation of powers. He believed that the best form of government was a constitutional monarchy following the example of Great Britain. If a republic is established, then the strong power of the president is necessary, who should have very broad powers. Pays attention to the judicial system, advocates the independence of judges.

Argues that the executive branch, represented by the president and the government, should not be responsible to Parliament. The basis for the stability of society is the wealthy class, so it is necessary to introduce a high property qualification to give citizens the right to vote.

Thomas Paine (1737-1809) is the most radical representative of the democratic, political and legal ideology of the period of the struggle for independence. In 1791 he published the work “Human Rights”, in which he defends the democratic rights and freedoms proclaimed in the French Declaration of the Rights of Man and Citizen of 1789.

Argues that the colonies' war for independence is noble, since the struggle for independence is a natural human right. The source of power in the state is the people.

All civil rights (freedom of speech, equality, conscience, etc.) must be protected and guaranteed by the state, since they are natural. Only according to the will of the people is the Government and the court formed, whose duty is to ensure freedom, security and independence, as well as guarantees of justice. The ideal structure, in his opinion, is a democratic secular republic.

8. Political ideology of Russia inXΙXcentury

8.1 Justification of absolutism in Russia in the works of F. Prokopovich

Feofan Prokopovich (1681-1736) - was involved in church activities. His works: “A Tale of the Tsar’s Power and Honor”, ​​“Spiritual Regulations”.

To substantiate absolutism in Russia, he used the ideas of social contract and natural law, combining them with arguments from the dogmas of theology.

He was the first to turn to the study of the processes of the origin of the state based on the natural pre-contractual state. He called this state the era of wars and bloodshed, when people turned into animals.

Natural laws, which embodied the requirements of common sense, told people how to avoid wars and led them to the conclusion of a social contract. The result was the creation of the state.

People embodied the idea of ​​a social contract with the help of divine providence, under his assistance.

When concluding the treaty, the people completely renounced their own sovereignty, transferring it to the state. At the same time, people themselves could choose the form of government: monarchy (limited, absolute), aristocracy, democracy, mixed form.

Prokopovich is a supporter of absolute monarchy, a critic of other forms of government. He paid great attention to justifying the absolute power of the monarch. Only autocracy can provide the people with “carelessness and bliss.”

An autocrat is a guardian, protector and strong upholder of the law, a fence and protection from internal and external dangers.

In his work “On Succession to the Throne,” he justifies the royal decree on the transfer of the throne by inheritance, he says that providing the monarch with wide opportunities in choosing an heir allows him to avoid strict rules of family succession and will ensure that the throne is replaced by a well-prepared person. In this case, the authorities will be protected from accidents and surprises.

In his works he justified nothing limited power monarch, regulated almost all aspects of citizens' lives.

The monarch grants to his people the rites of citizens, church customs, and provides for them to wear dresses, house-building, ranks and ceremonies, feasts, burials, etc. Through his reign, the monarch realizes both the requirement of natural law and divine recognition, fulfilling the duty of serving the people.

F. Prokopovich pays special attention to the relationship between the state and the church, substantiates the Manifesto on the abolition of the patriarchate and the organization of the Synod.

In his opinion, the collegial form of government would bring great benefits to the church. The church must be subordinate to the state.

There are various ranks in the state, each of which is engaged in something useful for society. Likewise, the “priesthood” is just a rank, and not a state within a state, and as an integral part of the people, the clergy must be subordinate to the king. The king must take care of the church.

8.2 Political ideas of V.N. Tatishchev and I.T. Pososhkova

Vasily Nikitich Tatishchev (1686-1750) - ideologist of the nobility, geographer, historian, statesman, author of the multi-volume “Russian History”.

The theoretical basis of his ideas is the theory of natural law and social contract, which he associates with the historical approach and patriarchal theory.

He believed that in the state of nature there would be a war of all against all. The requirement to ensure peace and the need for division of labor led to the creation of a state, which was the result of a social contract concluded for the benefit of all.

He argues that all known human societies arose on the basis of contract. Initially, it is a contract of marriage, a contract between parents and children, between a master and a servant.

Serfdom- the result of the agreement. According to this agreement, the peasant must work, and the masters must take care of the well-being of the peasants under their control and provide them with the necessary working conditions. He condemns slavery and servility and believes that these are forms of violence, not contracts. In his works he paid special attention to the position of the classes; it was necessary to consolidate their legal and economic status. He considered military public service to be the main occupation of the nobles.

The main task of the merchants is to ensure the wealth and prosperity of the state. The state is obliged to take care of the merchants and establish rules for free trade.

The form of government depends on the size of the country's territory and the degree of provision for it external security. “Small” nations are governed by a republic; great states and those in a secure position can establish aristocratic rule. The great and unsafe cannot remain intact without an autocratic sovereign.

Forms of government, following the example of Aristotle, V.N. Tatishchev divides them into two groups: three correct and three incorrect. The significant difference is that V.N. Tatishchev uses a complex system of criteria. In his opinion, forms of government depend on three objective conditions: location, size of the territory and the state of the population.

For Russia, the best form of government is considered to be an absolute monarchy, which is based on a bicameral representative body. Its purpose is to prepare laws, resolve matters of internal economy and discuss the most important problems. This body should consist of two chambers - the Senate and the Council. The Senate includes 21 representatives from the nobility, and 100 people are elected to the Council.

The monarch is considered the supreme legislator; his laws must be in accordance with law, justice and the common good.

Based on the doctrine of natural law, he distinguishes between natural and civil (positive) laws.

Considering the legislative branch, he says that Russian legislators make many mistakes, and in order to correct them, extensive codification work should be carried out in Russia. New bills should be widely discussed before they are adopted, for this purpose representatives should be assembled, Sejms and parliaments should be organized.

Ivan Tikhonovich Pososhkov (1652-1726) - shaped the political and legal ideas of Russian industrialists and merchants, thought about projects for social and political reorganization. In 1724 he wrote “The Book of Poverty and Wealth.”

He placed all hopes of reviving the state on the king, whose power was divine and unlimited. He called on the tsar to legislate the position of the classes, their rights and responsibilities (clergy, nobility and merchants).

It is necessary to determine the duties of peasants. He proposed to protect all classes, except merchants, from engaging in trade. The merchant class should become the only industrial class. He called for patronage to be provided to merchants, to provide them with favorable conditions for domestic and foreign trade, to establish uniformity of trade duties and to attract vagabonds and prison inmates to hired labor. For peasants, it is necessary to clearly establish their duties, the limits of corvée, and to separate peasant land from landowner land.

I.T. Pososhkov proposed teaching peasant children to read and write, rural youth to winter time send them to work in factories and maintain strict landlord control over the peasants.

He proposed the introduction of statutory prices for main types of goods.

He proposed introducing special exams so that officials would be educated and trained people.

In order to eradicate judicial arbitrariness, he was proposed a project for direct justice. Judges are government officials who receive salaries from the treasury. The position of judges should be given to “low-born” people: merchants, commoners, black-growing peasants. Nobles cannot be allowed in, as they are bribe-takers.

Judging at one's own discretion should be prohibited. Justice must be carried out according to a special court book; to create it, it is necessary to carry out a lot of codification work. To implement it, you need to invite 2-3 people of different classes from each province. At the end of the work, all elected officials sign the court book and send it to the sovereign for consideration.

I.T. Pososhkov creates the concept of a new monarchy, which will rely on the rich people. He wanted to set the country on the path of commercial and industrial development.

8.3 Political and legal views of M.M. Shcherbatova

Mikhail Mikhailovich Shcherbatov (1733-1790) - author of the essay “On the Damage of Morals in Russia.”

Criticizes absolutism, despotism, bureaucracy. He is a supporter of limiting the power of the monarch. Makes fun of the ideas of egolitarism (universal equality).

He views the state as the result of an agreement between the people and the ruler, according to which people cede their freedom for the common benefit.

The only force in Russia that can fight back against despotism is the nobility. It is the nobles who are noble people who are naturally endowed with the ability to govern, so they should be given legislative power.

“Journey to the Land of Ophir” is a project-description of the ideal structure of society.

Shcherbatov proposes to clearly regulate by law the rights and responsibilities of all classes; the social structure should represent a strict hierarchy. At the top is the nobility, they have a monopoly on state power, and as a reward they are given estates with serfs.

The head of the state is the emperor (first among equals), his power is limited by a legal assembly, and he is subject to punishment for breaking the laws.

Thus, Shcherbatov considers the nobility a privileged class serving the fatherland and the sovereign. Only nobles have the right to own serfs. He considered serfdom as a benefit for the peasants, since in a free state they would indulge in laziness and vices.

He has a negative attitude towards the education of the people, which leads to the free-thinking of the rebels.

Semyon Efimovich Desnitsky (1740-1789) - liberal thinker, professor of law at Moscow University, was the first to prove that the political and legal institutions of society are conditional on the economic situation.

The development of society and the emergence of the state depend on the emergence of private property and the need for division of labor.

He distinguished 4 stages in the development of society:

)primitive;

)pastoral;

)arable farming (property and state arise);

)commercial state (society produces the greatest amount of goods, the state and law reach their peak).

The emergence and change of the state and laws are associated with the transition of peoples from one state to another.

The emergence of private property is the reason for the emergence of property inequality. People, having different physical characteristics, have different degrees of hard work, so inequality is natural. It is developed commerce, as a manifestation of a high level of business qualities of people, that allows for the maximum development of state legal institutions. S.E. Desnitsky believed that the best form of government is a monarchy, for Russia - absolute.

His main work: “Ideas about the establishment of power, legislative, judicial and punitive.”

The emperor is the sole head of state, the supreme legislator, and stands at the head of the executive power with the collegiums subordinate to him. He is assisted by a representative body - the unicameral Senate.

According to his project, the emperor appoints judges who must have a high level of legal knowledge. He proposed introducing a jury of 15 people, which should be equal for all classes, and the judges should be irremovable and independent.

He proposed introducing a punitive power that would perform police and fiscal functions. These functions were carried out by voivodes subordinate to the provincial court.

He singled out the civil authority that carries out the organization of local self-government.

The main principle of activity is the principle of legality.

He distinguished the following types of law:

1.state;

2.civil;

.criminal;

.judicial.

Serfdom in Russia cannot be abolished.

Yakov Pavlovich Kozelsky (1729-1795) - Russian educator, scientist, jurist. His main work: “Philosophical Works.”

The basis for the further development of society is the dissemination of knowledge and education. Justifies the implementation of necessary social events.

He proposed introducing a universal duty - work, creating conditions to prevent the oppression of some people by others.

Since his views are based on the theory of natural law and social contract, he sees the purpose of the state in achieving the common good.

Justifies the people's right to resist oppression.

The best form of government is a republic, in which universal equality, compulsory labor, and restrictions on private property are established.

He distinguished the following types of law:

1.divine;

2.natural;

.worldwide;

.civil (state).

State laws must comply with all four types of law. To characterize power, he uses moral methods and proposes in the future for the entire human community the equality of all peoples, the only form of organization of humanity, and moderation in everything.

8.4 Political and legal doctrines of A.N. Radishcheva

Alexander Nikolaevich Radishchev (1749-1802) - writer, democrat-educator, founder of political radicalism, that is, a revolutionary change in the existing political system. In 1790, he published the book “Journey from St. Petersburg to Moscow,” where he outlined his views on the state and law.

He was based on the theory of social contract and natural law, therefore he was an opponent of autocracy as a political form of government.

The best form of government is a democratic republic. Justifies its possible existence in Russia with a historical example ( Novgorod Republic). He sees Russia as a federal union of republics.

The basis of society will be private property, which Radishchev considered a natural human right, secured by the original social contract. Private property is a necessary incentive to work. However, A.N. Radishchev was an opponent of feudal land ownership; he was the first in Russia to put forward the principle: land should belong to those who cultivate it.

The state was viewed as a social contract, the purpose of which is the common good of citizens. Supports the ideas of J.-J. Rousseau on popular sovereignty - power belongs to the people.

He harshly condemns the activities of the royal government and the church, since they are allies of the oppression of the people.

Emphasizes the right of the people to resist oppression.

Serfdom must be abolished, the land must be transferred to those who cultivate it.

The state must equally protect the property of each of its citizens.

9. Political and legal teachings of Germany and Italy in the era of enlightenment

9.1 Justification of absolute monarchical power by German thinkers

Samuel von Pufendorf (1632-1694) - famous German lawyer and historian, founder of secular jurisprudence.

Among Pufendorf’s numerous works, the work “On the Duties of a Citizen and a Man” is of particular importance.

He introduces an anthropological approach. According to this approach, a person is a rational and free being; he strives for a peaceful life with his own kind. People create certain norms that must be observed by all people, regardless of their origin. This is how a reasonable legal order is formed.

But in the state of nature it is impossible to ensure the freedom and equality of individuals without coercive power. In human nature there is an egoistic principle, passions and fears. Thus, self-doubt and natural freedom turn into power of one over the other. Therefore, for the purposes of security and order, people create a state.

The origin of the state is based on an agreement between families, the initiator of which is God. This contract includes two types of agreement: a contract of association (under which individuals unite into a free community) and a contract of subordination (it defines the rights and obligations of subjects and the ruler).

A state is a form of community of people where law and order is ensured by the supreme power delegated by the people to the ruler.

Pufendorf considered the monarchy to be the best form of government, since its advantages are the unity of all branches of government, security of sovereignty, and the legal inevitability of the monarch’s responsibility for his own actions. He considers any resistance to the will of the monarch illegal.

Pufendorf's follower was Christian Thomasius (1655-1728), a German legal philosopher who was the first in Germany to lecture on natural law.

Opposes the thesis “about the sinful nature of man.” Man is a rational being; it is from the human mind that the fundamental principles of natural law come. By nature, man strives for happiness, the achievement of which is the norm of human society. H. Thomasius says that in the natural state people do not know inequality, coercion, or private property, but natural egoism gives rise to conflicts between people.

The best form of government is an absolute monarchy. The source of the monarch's power is the consent of his subjects. The ruler and the ruled are bound by mutual responsibilities. Subjects carry out the authority of the monarch, and he guarantees the good. If a ruler encroaches on natural rights and freedoms, citizens can overthrow him. As for the government itself, H. Thomasius focuses on the relationship between law and morality. He says that conflicts arise due to a discrepancy between a person’s internal motivations and external behavior. Internal motives of behavior must be regulated by moral norms - ideas about good and evil. They create a system of meanings, values, and human ideals. This system is not formally fixed anywhere, and moral norms operate to the extent that a person recognizes their justice. Rules of law regulate the external behavior of people and are based on state coercion.

Law is an authoritative instruction about state power, which is enshrined in official acts. H. Thomasius argues that the achievement of the common good and universal happiness is possible only with the constant moral self-improvement of people.

Thus, achieving universal happiness is possible through:

.constant moral improvement of people;

2.their strict adherence to the rules of law;

.abolition of private property.

Christian Wolf (1679-1754). Developed the doctrine of enlightened absolutism. Wolf outlined his views in his work “Description of Natural Law by the Scientific Method” (1754).

According to the doctrine of H. Wolf, people are by nature reasonable, free and strive for happiness. Achieving this is possible only under the condition of moral improvement. In accordance with ideas about good and evil, people establish such norms of behavior that can guarantee the establishment of a fair legal order.

The state arises as an agreement between families, the purpose of which is to achieve the common good. The sovereign power of the ruler is formed by the addition of the wills of the parties to the agreement on the formation of the state. The bearer of state sovereignty is an enlightened monarch, relying on the consent of his subjects.

There is law and positive law in the state. In this case, the positive law has supremacy, since it is it that establishes the scale of individual freedom. Law is a measure of proper behavior established by the ruler himself. Natural behavior is the observance of prohibitions and the fulfillment of duties enshrined in positive law. A wise ruler, in his care of the population, acts with the help of positive laws and relies on state coercion.

All aspects of citizens' lives must be strictly regulated by the state.

While defending the interests of the nascent bourgeoisie, H. Wolf did not reject the people’s right to armed resistance in the event of an attempt on the natural rights and freedoms of the individual.

9.2 Cesare Beccaria's theory

Cesare Beccaria (1738-1794), a representative of the natural law of the Italian Enlightenment, is the founder of the “classical school” and the theory of criminal law, the content of which he outlined in his work “On Crimes and Punishments” (1764).

He was a supporter of the natural law doctrine in explaining the nature of state and law.

In their natural state, people are evil and selfish. They spend all their time in endless wars for material wealth and dominance.

In order to limit the arbitrariness of some over others, to ensure guarantees of security and tranquility, people establish a state.

In exchange for natural freedom, individuals enter into a social contract - a state whose goal is the greatest possible amount of happiness for the greatest possible number of people. By sacrificing their freedom and rights, individuals establish a supreme power that has sovereignty and is based on just laws. They must guarantee happiness to the maximum number of individuals.

However, in the civil state there is neither peace nor law; lawlessness and violence reign all around.

C. Beccaria considered economic inequality and the division of society into rich and poor to be the main reason for the prevailing violence and lawlessness. Material wealth and private property allow the propertied classes to establish laws that protect their interests. For this reason, the rich and the poor are subject to different punishments for the same crime.

C. Beccaria associated the eradication of crime with a set of measures:

) eliminating poverty and poverty, providing equal opportunities all population groups;

) education and training of the population.

In this regard, he prescribed a special role for beneficent monarchs who patronize the sciences and arts and are a virtuous example for their subjects. Fair laws that guarantee equal rights and responsibilities to everyone without exception are of great importance.

C. Beccaria opposed the death penalty, proposing to replace it with lifelong hard labor. He justified this by the fact that if people see the suffering of convicts in front of them, then they can be more effectively deterred and refrain from committing a crime.

9.3 Historical school of law

The historical school of law originated at the end of the 18th century in Germany and was formed in the first half of the 19th century. In their ideas, representatives of the school proceed from criticism of the theory of natural law and absolutism. Representatives of the school are Gustav Hugo, Friedrich Carl Savigny, Georg Friedrich Puchta.

Theorists of the historical school of law ridicule the natural law doctrine, as well as the thesis “about positive law as an artificial construct created by rule-making activity.” They argue that the law in force in the state - private and public - arises spontaneously. Law owes its origin to legislators.

Gustav Hugo (1764-1844) - founder of the historical school. He outlined his views in the book “Textbook of Natural Law, or the Philosophy of Positive Law.”

Gustav Hugo makes a characteristic comparison of law with language. Just as language is not established by absolutism, is not established at the direction of anyone, so law is created not only and not so much by the discretion of the legislator, but by independent development through the spontaneous formation of appropriate norms of communication, voluntarily accepted by the people due to their adequacy to the relevant living conditions.

Acts legislative branch complements positivist law. It grows from customary law, which in turn arises from the national spirit, from the people's consciousness.

G. Hugo tries to interpret the formation and life of legal norms as a certain objective course of things. This move is involuntary, it adapts to modern living conditions, it is better for people not to interfere in this process.

Carl Friedrich von Savigny (1779-1861) - founder and head of the historical school of law, professor at the University of Berlin. K. Savigny expressed his views in a number of works, among the most significant are the brochure “On the calling of our time to legislation and jurisprudence” and the six-volume book “The System of Modern Roman Law”.

K. Savigny believes that law evolves along with the spontaneous movement of the national spirit. The dynamics of law is an organic process. He sees the entire history of law as the development of a certain substance, which, like a grain, initially rests on the soil of the national spirit. At the first stage of its development, law is a custom; at the second, law begins to be processed by legal scholars without losing touch with its roots.

Georg Friedrich Puchta (1798-1846) - the ideology of the historical school is presented in its finished form in the works “Customary Law”, “Course of Institutions”.

G. Pukhta says that it is useless to construct and impose an exclusive legal system on people. Law flows from the spirit of the people in the same way as language and morals. As part of the national culture, as part of everything general organism a legal phenomenon develops in the same mode and in the same stages as the evolution of national life, i.e. law has its own history.

However, the historical school of law also has its drawbacks:

firstly, the historical school affirms the constancy of the national spirit;

secondly, much attention is paid to evolution.

10. Political and legal doctrines in Western Europe in the first halfXΙXcentury

.1 General characteristics of the directions of political and legal thought in Western Europe in the first halfXΙXV.

XΙX century is an unusually dynamic era, characterized by many attempts to implement various political doctrines. Various political and legal doctrines complement each other, polemicize with each other, noting weaknesses and shortcomings. The focus of ideologies was on questions about attitudes toward progress, about ways to transform society, about its structure, about individual freedom, its relationship with the state, about the tasks and limits of state power.

During this period, the following theories are distinguished:

) conservatism;

Main representatives: Joseph de Maistre, Louis de Bonald, Edmund Burke.

Key ideas:

· defense of absolute monarchy;

· criticism of the bourgeoisie, democracy, constitution;

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The textbook outlines the basic political and legal doctrines Ancient world, Middle Ages, New and Contemporary times in full accordance with the program and methodological requirements for university textbooks.

The new edition of the textbook has been updated and shortened compared to the previous one, published in 1999, 2000 and 2002.

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Table of contents
Chapter 1. Subject of the history of political and legal doctrines 1
§ 1. History of political and legal doctrines in the system of legal disciplines 1
§ 2. Concept and structure of political and legal doctrines 2
§ 3. Periodization of the history of political and legal doctrines 4
§ 4. Contents of the history of political and legal doctrines. Criteria for assessing political and legal doctrines 6
Chapter 2. Political and legal doctrines in the states of the Ancient East 12
§ 1. Introduction 12
§ 2. Political and legal ideology of Ancient India 14
§ 3. Political and legal thought of Ancient China 19
§ 4. Conclusion 28
Chapter 3. Political and legal doctrines in Ancient Greece 31
§ 1. Introduction 31
§ 2. Development of democratic teachings. Senior Sophists 33
§ 3. Plato’s teaching on the state and laws 36
§ 4. Political and legal teachings of Aristotle 42
§ 5. Political and legal doctrines during the period of decline of the ancient Greek states 48
§ 6. Conclusion 52
Chapter 4. Political and legal doctrines in Ancient Rome 54
§ 1. Introduction 54
§ 2. Political and legal doctrine of Cicero 55
§ 3. Legal and political ideas of Roman jurists 58
§ 4. Political and legal ideas of primitive Christianity 60
§ 5. The origin of theocratic doctrines. Augustine the Blessed 63
§ 6. Conclusion 66
Chapter 5. Political and legal doctrines in Western Europe during the Middle Ages 67
§ 1. Introduction 67
§ 2. Theocratic theories 68
§ 3. Political and legal ideas of medieval heresies 69
§ 4. Political and legal theory of medieval scholasticism. Thomas Aquinas 73
§ 5. Medieval lawyers 76
§ 6. The doctrine of the laws and state of Marsilius of Padua 77
§ 7. Conclusion 80
Chapter 6. Political and legal thought of Kievan Rus 81
§ 1. Introduction. 81
§ 2. General characteristics of the political and legal thought of Kievan Rus 84
§ 3. Political ideas in Hilarion’s work “The Sermon on Law and Grace” 96
§ 4. Political ideas of Vladimir Monomakh 104
§ 5. Legal ideas of legal monuments of Kievan Rus... 108
§ 6. Conclusion 113
Chapter 7. Political and legal thought of the Moscow state 114
§ 1. Introduction 114
§ 2. Formation of the political ideology of the Moscow state 116
§ 3. Political and legal ideas of “non-acquisitiveness” 124
§ 4. Political and legal doctrine of Joseph Volotsky 135
§ 5. Political theory of Ivan IV 146
§ 6. Political ideas of Andrei Kurbsky 152
§ 7. Political and legal ideas of I. S. Peresvetov 158
§ 8. Conclusion 163
Chapter 8. Political and legal doctrines in Western Europe in the 16th century 164
§ 1. Introduction 164
§ 2. N. Machiavelli’s teaching on state and politics 165
§ 3. Political and legal ideas of the Reformation 174
§ 4. Theory of state sovereignty. Political doctrine of J. Bodin 177
§ 5. Political and legal ideas of early communism. "Utopia" by T. More. "City of the Sun" by T. Campanella 181
§ 6. Conclusion 187
Chapter 9. Political and legal doctrines in Holland and England during the early anti-feudal revolutions 188
§ 1. Introduction 188
§ 2. Theory of natural law. The teaching of G. Grotius on law and state 189
§ 3. T. Hobbes’s doctrine of state and law 191
§ 4. The main directions of political and legal ideology during the period of the English Revolution and civil war 195
§ 5. The theory of natural law by B. Spinoza 199
§ 6. Justification of the “Glorious Revolution” of 1688 in the teachings of J. Locke on law and state 203
§ 7. Conclusion 206
Chapter 10. Political and legal thought of Russia in the 17th century. 208
§ 1. Introduction 208
§ 2. Political and legal ideas in the first half of the 17th century 210
§ 3. Political and legal ideas of Patriarch Nikon and Archpriest Avvakum: political and legal ideology church schism 217
§ 4. Conclusion 225
Chapter 11. Political and legal teachings of the German and Italian Enlightenment of the 17th-18th centuries 228
§ 1. Introduction 228
§ 2. Natural law theories in Germany 228
§ 3. Legal theory C. Beccaria 234
§ 4. Conclusion 237
Chapter 12. Political and legal doctrines in Russia in the first half of the 18th century. 239
§ 1. Introduction 239
§ 2. Development of the official doctrine of autocratic power. . . . 240
§ 3. Political teaching of Feofan Prokopovich 246
§ 4. Political and legal ideas of V. N. Tatishchev 255
§ 5. Political and legal ideas of I. T. Pososhkova 261
§ 6. Conclusion 266
Chapter 13. Political and legal doctrines in France in the 18th century 268
§ 1. Introduction 268
§ 2. Voltaire’s political and legal program 270
§ 3. Montesquieu’s teaching on laws and the state 273
§ 4. The theory of popular sovereignty J.-J. Russo 279
§ 5. Political and legal teachings of communism in pre-revolutionary France 287
§ 6. Political and legal ideology of France during the period Great Revolution -, 294
§ 7. Problems of state and law in the documents of the “Conspiracy for Equality” 299
§ 8. Conclusion 303
Chapter 14. Political and legal doctrines in the USA during the struggle for independence 305
§ 1. Introduction 305
§ 2. T. Paine on state and law 306
§ 3. Political and legal views of T. Jefferson 308
§ 4. A. Hamilton’s views on state and law 311
§ 5. Conclusion 313
Chapter 15. Political and legal doctrines in Russia in the second half of the 18th century 315
§ 1. Introduction 315
§ 2. Development of the official doctrine of autocratic power. The ideology of “enlightened absolutism” 316
§ 3. Political and legal ideas of M. M. Shcherbatov 319
§ 4. Political and legal ideas of A. N. Radishchev 326
§ 5. Conclusion 330
Chapter 16. Political and legal teachings of the classics of German philosophy of the late 18th - early 19th centuries 332
§ 1. Introduction 332
§ 2. I. Kant’s teaching on law and state 333
§ 3. Hegel’s teaching on state and law 339
§ 4. Conclusion 346
Chapter 17. Reactionary and conservative political and legal doctrines in Western Europe at the end of the 18th - beginning of the 19th century 350
§ 1. Introduction 350
§ 2. Reactionary political and legal doctrines in France, Switzerland, Austria 350
§ 3. Traditionalism of E. Burke 355
§ 4. Historical school of law 356
§ 5. Conclusion 361
Chapter 18. Bourgeois political and legal ideology in Western Europe first half of the 19th century in 364
§ 1. Introduction 364
§ 2. Liberalism in France. Benjamin Constant 365
§ 3. Liberalism in England. J. Bentham's views on state and law 369
§ 4. Legal positivism. J. Austin 373
§ 5. Political and legal doctrine of Auguste Comte 376
§ 6. Conclusion 385
Chapter 19. Socialist and communist political and legal ideology in Western Europe in the first half of the 19th century 387
§ 1. Introduction 387
§ 2. Political and legal ideas and theories of collectivists and communists of the first half of the 19th century 388
§ 3. Conclusion 396
Chapter 20. Political and legal doctrines in Russia during the crisis of the autocratic-serf system 398
§ 1. Introduction 398
§ 2. Liberalism in Russia. Projects of state reforms by M. M. Speransky 399
§ 3. Protective ideology. Political and legal ideas of N. M. Karamzin 405
§ 4. Political and legal ideas of the Decembrists 408
§ 5. Political ideas of P. Ya. Chaadaev 413
§ 6. Political and legal ideas of Westerners and Slavophiles 415
§ 7. Conclusion 418
Chapter 21. Bourgeois political and legal doctrines in Western Europe in the second half of the 19th century 420
§ 1. Introduction 420
§ 2. Legal positivism. K. Bergbom 421
§ 3. R. Iering’s teaching on law and state 423
§ 4. State legal concept of G. Jellinek 426
§ 5. Problems of state and law in the sociology of G. Spencer. . . . 428
§ 6. Conclusion 432
Chapter 22. Socialist and communist political and legal ideology in the second half of the 19th century. 434
§ 1. Introduction 434
§ 2. Political and legal doctrine of Marxism 434
§ 3. Political and legal doctrine and program of social democracy 440
§ 4. Political and legal ideology of anarchism 444
§ 5. Political and legal ideology of “Russian socialism” (populism) 451
§ 6. Conclusion 459
Chapter 23. Liberal political and legal ideology in Russia at the end of the 19th century - beginning of the 20th century 461
§ 1. Introduction 461
§ 2. Political and legal doctrine of B. N. Chicherin 461
§ 3. Sociological concepts of law and state in Russia. S. A. Muromtsev. N. M. Korkunov. M. M. Kovalevsky 465
§ 4. The doctrine of law and state by G. F. Shershenevich 471
§ 5. Neo-Kantian theories of law. P. I. Novgorodtsev. B. A. Kistyakovsky 474
§ 6. Religious and moral philosophy of law in Russia. V. S. Soloviev. E. N. Trubetskoy 480
§ 7. Conclusion 486
Chapter 24. Political and legal doctrines in Europe at the beginning of the 20th century. 487
§ 1. Introduction 487
§ 2. Socialist political and legal doctrines 488
§ 3. Political and legal doctrine of solidarism. L. Dugi 501
§ 4. Neo-Kantian concepts of law. R. Stammler 510
§ 5. Psychological theory of law by L. I. Petrazhitsky 513
§ 6. School of “free law” 516
§ 7. Conclusion 519
Chapter 25. Modern political and legal doctrines in Western Europe and the USA 521
§ 1. Introduction 521
§ 2. Neoliberalism and conservatism 522
§ 3. Concepts of pluralistic democracy 526
§ 4. Concepts social state and welfare policies 531
§ 5. Theory of democratic socialism 535
§ 6. Sociological jurisprudence 539
§ 7. Realistic concepts of law in the USA 542
§ 8. Normativism of G. Kelsen 545
§ 9. Theories of natural law 549
§ 10. Conclusion 553

M.: Mirror, 2006. - 5 68 s.

The textbook sets out the basic political and legal teachings of the Ancient World, the Middle Ages, New and Contemporary Times in full accordance with the program and methodological requirements for university textbooks.

The new edition of the textbook has been updated and shortened compared to the previous one, published in 1999, 2000 and 2002.

Format: pdf/zip(2006 , 568 pp.)

Size: 2.41 MB

/Download file

Format: doc/zip(2004 , 565s.)

Size: 1 MB

/Download file

Table of contents
Chapter 1. Subject of the history of political and legal doctrines 1
§ 1. History of political and legal doctrines in the system of legal disciplines 1
§ 2. Concept and structure of political and legal doctrines 2
§ 3. Periodization of the history of political and legal doctrines 4
§ 4. Contents of the history of political and legal doctrines. Criteria for assessing political and legal doctrines 6
Chapter 2. Political and legal doctrines in the states of the Ancient East 12
§ 1. Introduction 12
§ 2. Political and legal ideology of Ancient India 14
§ 3. Political and legal thought of Ancient China 19
§ 4. Conclusion 28
Chapter 3. Political and legal doctrines in Ancient Greece 31
§ 1. Introduction 31
§ 2. Development of democratic teachings. Senior Sophists 33
§ 3. Plato’s teaching on the state and laws 36
§ 4. Political and legal teachings of Aristotle 42
§ 5. Political and legal doctrines during the period of decline of the ancient Greek states 48
§ 6. Conclusion 52
Chapter 4. Political and legal doctrines in Ancient Rome 54
§ 1. Introduction 54
§ 2. Political and legal doctrine of Cicero 55
§ 3. Legal and political ideas of Roman jurists 58
§ 4. Political and legal ideas of primitive Christianity 60
§ 5. The origin of theocratic doctrines. Augustine the Blessed 63
§ 6. Conclusion 66
Chapter 5. Political and legal doctrines in Western Europe during the Middle Ages 67
§ 1. Introduction 67
§ 2. Theocratic theories 68
§ 3. Political and legal ideas of medieval heresies 69
§ 4. Political and legal theory of medieval scholasticism. Thomas Aquinas 73
§ 5. Medieval lawyers 76
§ 6. The doctrine of the laws and state of Marsilius of Padua 77
§ 7. Conclusion 80
Chapter 6. Political and legal thought of Kievan Rus 81
§ 1. Introduction. 81
§ 2. General characteristics of the political and legal thought of Kievan Rus 84
§ 3. Political ideas in Hilarion’s work “The Sermon on Law and Grace” 96
§ 4. Political ideas of Vladimir Monomakh 104
§ 5. Legal ideas of legal monuments of Kievan Rus... 108
§ 6. Conclusion 113
Chapter 7. Political and legal thought of the Moscow state 114
§ 1. Introduction 114
§ 2. Formation of the political ideology of the Moscow state 116
§ 3. Political and legal ideas of “non-acquisitiveness” 124
§ 4. Political and legal doctrine of Joseph Volotsky 135
§ 5. Political theory of Ivan IV 146
§ 6. Political ideas of Andrei Kurbsky 152
§ 7. Political and legal ideas of I. S. Peresvetov 158
§ 8. Conclusion 163
Chapter 8. Political and legal doctrines in Western Europe in the 16th century 164
§ 1. Introduction 164
§ 2. N. Machiavelli’s teaching on state and politics 165
§ 3. Political and legal ideas of the Reformation 174
§ 4. Theory of state sovereignty. Political doctrine of J. Bodin 177
§ 5. Political and legal ideas of early communism. "Utopia" by T. More. "City of the Sun" by T. Campanella 181
§ 6. Conclusion 187
Chapter 9. Political and legal doctrines in Holland and England during the early anti-feudal revolutions 188
§ 1. Introduction 188
§ 2. Theory of natural law. The teaching of G. Grotius on law and state 189
§ 3. T. Hobbes’s doctrine of state and law 191
§ 4. Main directions of political and legal ideology during the period of the English Revolution and Civil War 195
§ 5. The theory of natural law by B. Spinoza 199
§ 6. Justification of the “Glorious Revolution” of 1688 in the teachings of J. Locke on law and state 203
§ 7. Conclusion 206
Chapter 10. Political and legal thought of Russia in the 17th century. 208
§ 1. Introduction 208
§ 2. Political and legal ideas in the first half of the 17th century 210
§ 3. Political and legal ideas of Patriarch Nikon and Archpriest Avvakum: political and legal ideology of church schism 217
§ 4. Conclusion 225
Chapter 11. Political and legal teachings of the German and Italian Enlightenment of the 17th-18th centuries 228
§ 1. Introduction 228
§ 2. Natural law theories in Germany 228
§ 3. Legal theory of C. Beccaria 234
§ 4. Conclusion 237
Chapter 12. Political and legal doctrines in Russia in the first half of the 18th century. 239
§ 1. Introduction 239
§ 2. Development of the official doctrine of autocratic power. . . . 240
§ 3. Political teaching of Feofan Prokopovich 246
§ 4. Political and legal ideas of V. N. Tatishchev 255
§ 5. Political and legal ideas of I. T. Pososhkova 261
§ 6. Conclusion 266
Chapter 13. Political and legal doctrines in France in the 18th century 268
§ 1. Introduction 268
§ 2. Voltaire’s political and legal program 270
§ 3. Montesquieu’s teaching on laws and the state 273
§ 4. The theory of popular sovereignty J.-J. Russo 279
§ 5. Political and legal teachings of communism in pre-revolutionary France 287
§ 6. Political and legal ideology of France during the Great Revolution -, 294
§ 7. Problems of state and law in the documents of the “Conspiracy for Equality” 299
§ 8. Conclusion 303
Chapter 14. Political and legal doctrines in the USA during the struggle for independence 305
§ 1. Introduction 305
§ 2. T. Paine on state and law 306
§ 3. Political and legal views of T. Jefferson 308
§ 4. A. Hamilton’s views on state and law 311
§ 5. Conclusion 313
Chapter 15. Political and legal doctrines in Russia in the second half of the 18th century 315
§ 1. Introduction 315
§ 2. Development of the official doctrine of autocratic power. The ideology of “enlightened absolutism” 316
§ 3. Political and legal ideas of M. M. Shcherbatov 319
§ 4. Political and legal ideas of A. N. Radishchev 326
§ 5. Conclusion 330
Chapter 16. Political and legal teachings of the classics of German philosophy of the late 18th - early 19th centuries 332
§ 1. Introduction 332
§ 2. I. Kant’s teaching on law and state 333
§ 3. Hegel’s teaching on state and law 339
§ 4. Conclusion 346
Chapter 17. Reactionary and conservative political and legal doctrines in Western Europe at the end of the 18th - beginning of the 19th century 350
§ 1. Introduction 350
§ 2. Reactionary political and legal doctrines in France, Switzerland, Austria 350
§ 3. Traditionalism of E. Burke 355
§ 4. Historical school of law 356
§ 5. Conclusion 361
Chapter 18. Bourgeois political and legal ideology in Western Europe in the first half of the 19th century 364
§ 1. Introduction 364
§ 2. Liberalism in France. Benjamin Constant 365
§ 3. Liberalism in England. J. Bentham's views on state and law 369
§ 4. Legal positivism. J. Austin 373
§ 5. Political and legal doctrine of Auguste Comte 376
§ 6. Conclusion 385
Chapter 19. Socialist and communist political and legal ideology in Western Europe in the first half of the 19th century 387
§ 1. Introduction 387
§ 2. Political and legal ideas and theories of collectivists and communists of the first half of the 19th century 388
§ 3. Conclusion 396
Chapter 20. Political and legal doctrines in Russia during the crisis of the autocratic-serf system 398
§ 1. Introduction 398
§ 2. Liberalism in Russia. Projects of state reforms by M. M. Speransky 399
§ 3. Protective ideology. Political and legal ideas of N. M. Karamzin 405
§ 4. Political and legal ideas of the Decembrists 408
§ 5. Political ideas of P. Ya. Chaadaev 413
§ 6. Political and legal ideas of Westerners and Slavophiles 415
§ 7. Conclusion 418
Chapter 21. Bourgeois political and legal doctrines in Western Europe in the second half of the 19th century 420
§ 1. Introduction 420
§ 2. Legal positivism. K. Bergbom 421
§ 3. R. Iering’s teaching on law and state 423
§ 4. State legal concept of G. Jellinek 426
§ 5. Problems of state and law in the sociology of G. Spencer. . . . 428
§ 6. Conclusion 432
Chapter 22. Socialist and communist political and legal ideology in the second half of the 19th century. 434
§ 1. Introduction 434
§ 2. Political and legal doctrine of Marxism 434
§ 3. Political and legal doctrine and program of social democracy 440
§ 4. Political and legal ideology of anarchism 444
§ 5. Political and legal ideology of “Russian socialism” (populism) 451
§ 6. Conclusion 459
Chapter 23. Liberal political and legal ideology in Russia at the end of the 19th century - beginning of the 20th century 461
§ 1. Introduction 461
§ 2. Political and legal doctrine of B. N. Chicherin 461
§ 3. Sociological concepts of law and state in Russia. S. A. Muromtsev. N. M. Korkunov. M. M. Kovalevsky 465
§ 4. The doctrine of law and state by G. F. Shershenevich 471
§ 5. Neo-Kantian theories of law. P. I. Novgorodtsev. B. A. Kistyakovsky 474
§ 6. Religious and moral philosophy of law in Russia. V. S. Soloviev. E. N. Trubetskoy 480
§ 7. Conclusion 486
Chapter 24. Political and legal doctrines in Europe at the beginning of the 20th century. 487
§ 1. Introduction 487
§ 2. Socialist political and legal doctrines 488
§ 3. Political and legal doctrine of solidarism. L. Dugi 501
§ 4. Neo-Kantian concepts of law. R. Stammler 510
§ 5. Psychological theory of law by L. I. Petrazhitsky 513
§ 6. School of “free law” 516
§ 7. Conclusion 519
Chapter 25. Modern political and legal doctrines in Western Europe and the USA 521
§ 1. Introduction 521
§ 2. Neoliberalism and conservatism 522
§ 3. Concepts of pluralistic democracy 526
§ 4. Concepts of the social state and welfare policy 531
§ 5. Theory of democratic socialism 535
§ 6. Sociological jurisprudence 539
§ 7. Realistic concepts of law in the USA 542
§ 8. Normativism of G. Kelsen 545
§ 9. Theories of natural law 549
§ 10. Conclusion 553