One of the main theories of state origin- The theory of violence. It is relatively new, since it was developed in the 19th and 20th centuries. Its representatives believe that the law and the state arose as a result of violence (external or internal). The wars between primitive tribes made the winners the ruling class that created the state and used it to consolidate its power over the vanquished.
The theory of violence (internal) was developedGerman economist and philosopher Eugene Dühring, who believed that the state was formed as a result of the internal violence of one group of people over another. As a result of the enslavement of the weak by the stronger, a division into classes occurs, private property arises and the state is born.
Polish-Austrian sociologist L.Gumplowicz believed that the state and law arose as a consequence of external violence as a result of the collision of two primary social groups. The tribe of the vanquished becomes slaves, and the tribe of the victors becomes the ruling class. To control slaves, it becomes necessary to change the nomadic lifestyle to a sedentary one. As a result, agriculture is developing.
For domination, the winners create a machineorganizing and maintaining order. The theory of violence (external) suggests that slavery cannot arise in one tribe, since its members belong to the same social group and therefore it is possible only as a result of inter-tribal enmity. Slavery is regarded as a necessary element of the formation of a state that has had a significant impact on the development of economic relations in society. The right is created by the winners to maintain inequality, and therefore L. Gumplowicz negatively relates to the theory of the "rule of law". In the process of evolution, tribal consciousness passes into the estate. The institution of private property is developing, a stratification of society is taking place.
Теория насилия происхождения государства и права also developed by Karl Kautsky, who believed that the main factor in their occurrence was only war (external violence). The victorious tribe appropriates the land of the vanquished, subjugates it to itself and makes it work and also pay tribute.
Defeated became, as a rule, sedentaryfarmers, and nomads and herders were the winners. Subsequently, the division into classes takes place, a compulsory apparatus is created, which turns into a state. Kautsky denies the possibility of the emergence of a state as a result of internal influence, believing that it is created from several communities, one of which is the dominant class of exploiters and the rest is the oppressed class. Subsequently, the state is transformed into a body that protects not only the strong, but also the weak, which is aimed at ensuring universal harmony.
The theory of violence of state origin hasits pros and cons. It really has a right to exist, since violence did take place in the event of the emergence of a number of states. Even now there are a lot of conflicts over the division of spheres of economic influence, and the winning state is expanding its holdings at the expense of a weaker rival. At the same time, socio-economic factors are not fully taken into account. For the emergence of the state requires a certain level of economic development of society to contain the state apparatus. The theory of violence completely rejects other theories, indicating that it is the only source of education for law and the state, and only war contributed to progress.
