Throughout the era of the existence of philosophy,jurisprudence, politics, a large number of different doctrines and theories about law and the state. Diversity, on the one hand, is due to the fact that each concept reflects the subjective opinion of scientists or different judgments and views of one or the other classes. On the other hand, such a diversity is due to the versatility in such phenomena as the state and law. In addition, there are different views on various aspects of the formation of various political systems. The basis of these views and judgments is always based on different economic, financial and other interests.
There are various theories of the origin of the state. Among the main should be called:
- Theological (divine, religious).
- Fatherly (patriarchal).
- Naturally-legal (contractual).
- Organic.
- Irrigation.
- Psychological.
- Class (economic).
- The theory of internal and external violence.
The first dominated in the Middle Ages.Today it is quite common both in Europe and in other areas, as well as in some Islamic countries (Saudi Arabia, for example). Theological theory is official. Its essence is that the political system is of divine origin, and power is given by the will of God.
Patriarchal theory promoted by Aristotle.In his opinion, all people, being collective beings, strive to communicate and form families, which, in turn, leads to the emergence of the state. This concept was subsequently developed by Confucius. In a later period, Mikhailovsky and Filmer became its adherents. In general, according to this theory of state origin, the emerging political system is one large family, consisting of many other ordinary families.
Natural legal concept of formationStates appeared in the writings of the early bourgeois thinkers. It began to spread in the 17-18 centuries. According to this theory of the origin of the state, every citizen provided for the existence of natural, inalienable rights derived from Nature or from God. But this concept was considered too idealistic.
Organic Theory of State Originarose in the 19th century, in its second half. Her followers were Spencer, Preuss, Worms and others. The essence of this concept is that the development of the state is similar to the development of a biological organism.
Psychological theory was formulatedPetrazhitsky (Polish-Russian sociologist and lawyer). In his opinion, the emergence of the state occurred under the influence of the special properties of the human psyche. These properties include, in particular, the desire to be protected, the desire to command, to subjugate other people to their will, as well as the desire of some members of society not to obey the rules and challenge it.
The theory of violence was advanced by various authors.One of the founders is Shang Yang (Chinese politician). According to this theory of the origin of the state, the main role belonged to the seizure, the enslavement of some people by others. The political system, according to the followers of this concept, is formed due to violence, both external and internal (arising within the society itself).
Economic (class, Marxist) theoryThe origin of the state is associated with the names of Engels and Marx. However, the founder of this concept is Morgan. According to this theory, the state was formed as a result of the natural development of society. The focus is mainly on economic development, since it is not only capable of providing material conditions, but also determining changes in society.
