Kalinicheva G.I. Economic history

TOPIC 1 Subject and method of the theory of state and law

Theory of state and law in the system social sciences and in the system legal sciences. Connection of the theory of state and law with philosophy, political economy, political science. Theory of state and law and history of state and law. Theory of state and law and history of political and legal doctrines. Theory of state and law and branch sciences about state and law.

The importance of methodology in the knowledge of state and law. The connection between the subject and method of the science of state and law. Basic approaches to the study of state and law. General, general scientific, private and special methods knowledge in the theory of state and law. Overcoming myth-making, utopianism and vulgarism in the study of state and law.

TOPIC 2 Origin of state and law

General patterns emergence of state and law.

State and law as socio-political phenomena arose in the process of stratification of society into social strata and classes that were different in relation to production, results of labor and management.

Let us list the common features of the genesis of statehood and law:

1) Influence natural phenomena (space, seismic, geographical, climatic). Firstly, directly through natural disasters (the Ice Age, the disappearance of Atlantis) => humanity is forced to move from gathering to manufacturing necessary products. Secondly, the geographical and climatic conditions of a number of countries (Africa, the Middle East) prompted the creation of irrigation and religious structures, the creation of solar and lunar calendars. Thirdly, natural phenomena indirectly influenced the formation of state and legal institutions through myths, rituals, the consciousness of people and stereotypes of their behavior.

2) Economic forces. Development of production, transition from an appropriating to a producing economy => division of social labor: cattle breeding from agriculture; craft department; trade. Labor productivity increases, a surplus product appears, the possibility of commodity exchange, the emergence of private property, along with collective property.

3) Human (anthropological) factor. Due to objective necessity, a person creates various associations, unions, and establishes rules of behavior. The unification is not for survival, but to increase the economic opportunities of the state.

4) Public (social) factor. The state and law are nothing more than the result of the development of a specific human community, the form of its organization, management and regulation.

Thus, it can be stated that the root cause of the creation of the state was the emergence of a producing economy, which created the preconditions for the class division of society. At the initial stage, these were not yet class structures, but still clan segments: a proto-class of producers (hunters, cattle breeders, artisans, farmers); proto-class of trading people (merchants, money changers); proto-class of managers (chiefs, councils of elders, tribal councils); proto-class of warriors (princely squad, mercenaries, sailors).

The reasons and conditions that gave rise to law are in many ways similar to the reasons that gave birth to the state. However, between mononorms primitive society and the norms of law there is a deeper continuity than between the bodies of tribal self-government and the bodies of the state. Age-old customs, tested by many generations, were regarded as given from above, correct and fair, and were often called “right.” The most valuable of them were subsequently sanctioned by the state and became important sources of law (customary law).

The emergence of law is a natural consequence of complication public relations, deepening and aggravation of social contradictions and conflicts. Customs have ceased to ensure order and stability in society, which means that there is an objective need for fundamentally new regulators of social relations.

Two main ways of development of law can be distinguished. Where I dominated state property, the main source is, as a rule, collections of moral and religious principles - the Laws of Manu in India, the Koran in Muslim countries. The norms recorded in them are often casual in nature.

In a society based on private property, law developed more extensively, differed high degree formalization and certainty of legislation, and above all - civil legislation, regulating a more complex system of property relations (for example, Roman private law).

Characteristics of primitive society.

Human modern look appeared no later than 40 thousand years ago, and the first states began to emerge relatively recently. IN Ancient Egypt arose at the end of the 4th and beginning of the 3rd millennium BC, in China - in the 2nd millennium BC. => in the history of mankind there was a long period when it existed without a state and law. In science, this period is called primitive society, in which 3 stages are distinguished: the herd, the clan community, and the decomposition of the clan community.

Herd (Stone Age).

Early forms associations of the ancestors of modern man - archanthropes and paleoanthropes - were associated with disordered (temporary) family-tribal ties, with the need for protection from external environment and sharing food. Individual “families” could also be such forms, but the most famous are the groups that form the primitive herd, which arose among the hunters of the pre-Neanderthal, Olduvai culture (about 2 million years ago). These forms are associated with the use of primitive tools, which were roughly processed sticks, stakes, and stones.

The period of the appropriating economy. Power was no different from the power that exists in a herd of animals. Property is common, labor is collective, distribution of products is equal.

Rod (bronze, iron age):

Ancient Stone Age. Only thousands of years later did primitive people learn to make more advanced tools of Paleolithic culture with their own hands: roughly processed stone spears, axes, scrapers, bone and stone hooks for fishing, and began to make fire. At this time, more stable forms of common labor and connections between people arise, a primitive clan community appears, i.e. a collection of relatives that became the main social unit of primitive man.

The consanguineous organization also corresponded to the needs of a healthy physical development humans, since incest did not produce healthy offspring. Establishment of exogamy (marital relations only between members different kinds) was one of the most important natural forms of human evolution.

In the Paleolithic and Mesolithic era (Middle Stone Age), the economy was mining. Only at the later stages of the clan system did the beginnings of hoe farming appear. The appropriating economy is replaced by a producing one. Man begins to engage not only in hunting, fishing and gathering, but also in cattle breeding, agriculture and crafts. All members of the clan community had to work for the common good and collectively defend the interests of their clan. The resulting product was divided equally among the members of the clan, taking into account the merits of each. However, such farming did not bring any surplus product.

Thus, the clan represented the primary cell of the organization of the primitive communal system, united by blood kinship, joint collective labor, common ownership of the products of production and the equality of social status, unity of interests and cohesion of members of the clan arising from these conditions.

Promiscuous sexual relations were replaced by group marriage. Maternal kinship. Women begin to play a leading role in gathering and early hoeing agriculture. The origin of the child from the mother was the most obvious sign of a family connection, and caring for children, home elevated the role of women in the clan. The role of a woman was often leading, and the family of many ancestors modern peoples was built on the basis of matriarchy.

As a result of the development of cattle breeding, plow farming, and metalworking, matriarchy is replaced by patriarchy. Kinship is through the male line. Group marriage is being replaced by pair marriage. Then comes marriage with male dominance, prohibition of extramarital affairs for women (patriarchal family community). The source of power is the entire clan community. The highest authority is the general meeting (council) of all adult members of the clan. The day-to-day management of affairs is carried out by an elder, elected by all members of the clan, who participated in production activities and could be replaced by another at any time. The power of the elder was based on authority, respect, and customs. The compulsion to order came from the entire family. In wider social associations than the clan, power was based on the same principles.

1. The main features of the primitive system and economy of the first civilizations (general characteristics)

1.1. Main features of the primitive system

In the history of mankind, the primitive communal system was the longest. It existed for hundreds of thousands of years among all peoples at an early stage of their development - from the moment of the separation of man from the animal world to the formation of the first class society. The main features of the primitive system were:

Extremely low level development of productive forces;
- collective work;
- communal ownership of tools and means of production;
- equal distribution of production products;
- a person's dependence on surrounding nature due to the extreme primitiveness of the tools.

The first tools were a chipped stone and a stick. Hunting improved with the invention of the bow and arrow. Gradually it led to the domestication of animals - primitive cattle breeding appeared. With time solid foundation received primitive agriculture. The mastery of metal smelting (first copper, then iron) and the creation of metal tools made agriculture more productive and allowed primitive tribes to switch to a sedentary lifestyle. The basis of production relations was collective ownership of tools and means of production. The transition from hunting and fishing to cattle breeding and from gathering to agriculture back in the Middle Stone Age was made by tribes living in the valleys of the Tigris and Euphrates rivers, the Nile, in Palestine, Iran, and the southern Mediterranean. The development of cattle breeding led to major changes in the economy of primitive tribes. The emergence and development of exchange and the emergence of private property are associated with the social division of labor (the first is the separation of cattle breeding from agriculture and the second is the separation of crafts from agriculture). These factors led to the formation of commodity production, which caused the creation of cities and their separation from villages.

The expansion of commodity production, the deepening division of communal labor and the strengthening of exchange gradually disintegrated communal production and collective property, as a result of which private ownership of the means of production, concentrated in the hands of the patriarchal nobility, expanded and strengthened. A significant part of the community property became the private ownership of the leading group of community patriarchs. The elders gradually turned into clan nobility, separating themselves from ordinary community members. Over time, clan ties weakened, and the place of the clan community was taken by the rural (neighborhood) community.

Wars between communities and tribes led not only to the seizure of new territories, but also to the emergence of captives who became slaves. The appearance of slaves and property stratification within communities inevitably led to the emergence of classes and the formation of a class society and state.

The transition from the primitive communal system, based on collective labor and communal property, to class society and the state is a natural process in the history of human development.

Knowledge of the state should begin with the question of the origin of the state - is it always in history human society this social institution existed or it appeared at a certain stage in the development of society. The emergence of these social institutions is closely related to the development economic relations, power and social norms. That is why we have to start with characterizing the aspects of primitive society.

According to modern science about 3-3.5 billion years ago, as a result of the evolution of matter, life (biosphere) appeared on earth. More than 40 thousand years ago, man appeared. Elements of statehood and the first state entities arose relatively recently. The first state is Egypt. In Kazakhstan, statehood arose a little over a thousand years ago. Modern society was preceded by a long era of primitive social order. But primitive society itself was never static; it developed and went through various stages. Of particular value for the theory of the state is periodization, based on new archaeological data and highlighting the “Neolithic revolution” as one of the main milestones in the development of primitive society.

Before the emergence of the state, humanity went through a number of stages in its development. At first, man was not much different from an animal. Being a physically rather weak creature, a person had to either die, or with the help of more rapid development unequal and brain system to find means of salvation.

Physically, the first step in this direction was to “straighten” a person, freeing his upper limbs for certain activities (defending himself and attacking others, obtaining food); the emergence of the opportunity to use auxiliary materials (stick, stone). At the initial stage of his existence, man himself did not produce anything and took everything he needed from nature (hunting, gathering). The lack of production of material goods doomed man to complete dependence on nature.

One of major events in the development of man there was a transition from herd existence to unification on the basis of consanguinity - the emergence of the clan. Rod was the most natural form connections between the ancestors and descendants of primitive man. As a result of diverse relationships between individuals, they are gradually born and become distinctive feature human society social connections, certain organizational methods influence on people's behavior, the beginnings of such an important instrument as power and mandatory rules of behavior appear. Thus, the formation of society precedes government organization his life.

We can name the main elements that make up the concept of society:

• - a set of individuals with will and consciousness;
• - general interest of a permanent and objective nature;
• - interaction and cooperation based on common interests;
• - regulation of public interests by generally binding rules of conduct;
• - the presence of an organized force (authority) capable of ensuring internal order and external security;
• - the ability and possibility of self-renewal and improvement of society;
• - presence of territory of residence.

Thus, we can formulate the concept of “society” as a historically formed community of people united by common needs, interests, and territory.

Primitive society (stoy) was the longest stage of human development and covered a period of more than 2 million years. His history highlights next steps: early (stage of formation, era of ancestral communities), middle (stage of maturity, era of tribal community) and late (stage of stratification of primitive society, formation of supra-communal structures or the era of “chiefdom”).

The economy of primitive society had an appropriative character. Everything that primitive people mined was put into a common “cauldron” (reciprocity), and then divided among all members of the clan (redistribution). This way of human existence is called the “appropriating economy.” Such an economy provided only the minimum needs of the clan community, and with the maximum effort of joint efforts

The society was egalitarian - all its members were equal. The basis of the social structure was the clan community. The tools of labor were improved extremely slowly but steadily.

During the existence of primitive society, the development of mankind proceeded in three main directions:

• 1. formation of man as a biosocial being;
• 2. development of marriage and family relations;
• 3. transition from an appropriating economy to a producing one, i.e. from the appropriation of finished products of nature (gathering, hunting, fishing) to their production (agriculture, crafts, cattle breeding). Producing economy by 4-3 thousand BC. became the second and main way of existence and reproduction of humanity. The transition to a productive economy is based on crisis phenomena that have threatened the very existence of humanity. Having responded by restructuring its entire social and economic organization, humanity was able to get out of the global ecological crisis. This restructuring includes new organization power relations - the emergence of state formations, early class city-states.

The first stage of development of society - primitive society - has two main features: the presence of potestary power and the existence of mononorms.

In primitive society there was a unity of regulators, because the types of norms were not distinguished, and in the minds of primitive man there was no division of rights and responsibilities. Since the social norms of primitive society were not divided according to content, they were of a single, differentiated nature in terms of content, and therefore received the name “mononorms”.

Features of power in the pre-state period were:

• - based on blood ties (the main organization of society is a clan or clan community, i.e., an association of people based on actual or perceived blood ties, as well as community of property and labor);
• - directly social in nature, power was built on the principles of primitive democracy, on the functions of self-government (the coincidence of the subject of power and the object of power in the person of the community);
• - implementation both by society as a whole (tribal meetings, veche) and by its representatives.

Another sign of the development of primitive society was the difference in mononorms (social norms), which ensured the existence of an appropriating economy and procreation.

Primitive society is a period in human history before the invention of writing, after which it became possible historical research based on the study of written sources.

The first written chronicles appeared over 5000 years ago, but there is information about the existence of the first human race in Africa about 2.5 million years ago.

Evolution primitive people occurred against the backdrop of ice ages. About 15,000 years ago, the ice caps began to melt, and the climate became more favorable. The earth began to bear fruit, became covered with vegetation, trees and herbs, various representatives of flora and fauna appeared, and different ways of life began to take shape in the communities of primitive people.

The state did not always exist; it was formed gradually, from the moment of the formation of the socialization of mankind.

Scientists and political scientists agreed that the economic basis of the primitive communal system was collective ownership of the means of production. In other words, all tools, food, clothing, belonged to everyone, or rather to a generalized group of people. Forms social organization At that time, such human communities were different, such as a clan community, a tribe, a human herd, etc.

Considering that society arose much earlier than the state, it is necessary to characterize the social power and norms that existed in primitive society.

The primitive communal system was the longest period in time (more than a million years) in the history of mankind.

The primitive communal system is characterized by a collective character

labor, division of labor, by gender and age, men are warriors and hunters, women and children are gatherers of fruits and berries.

A member of each gender and age group played a certain social role, that is, performed in public life a certain function that society expected him to perform. An adult man had to hunt and deal with prey in a certain way, and not at all at his own discretion. Each child, upon reaching a certain age, underwent an initiation rite (initiation into adults, associated with rather cruel tests), after which he immediately received status an adult, receiving all the corresponding rights and responsibilities.

In primitive society, power came from all adult members of the clan (elders, military leaders, priests), who were appointed by a meeting of clan members.

The armed force consisted of all men capable of carrying and using weapons (spears, sticks, stones).

Also, the primitive communal system was characterized by the following features:

• 1) the presence of primitive tools, and therefore, a person without the help of the whole family was unable to survive and provide himself with food, clothing and housing. The economy of the primitive community was based on primitive manual labor, which did not even know the help of domestic animals. The clan economy was extractive (i.e., receiving the finished product from wildlife by hunting, gathering fruits, fishing). The needs grew every day, the community grew, and they consumed exactly as much as they produced; there were no surpluses or reserves, and therefore, according to economic characteristics, everyone was equal. Subsequent stages of social development are characterized by a productive economy. For example, for an agrarian society it is agriculture, cattle breeding and crafts, but for an industrial society it is primarily industry. All spoils were divided among all members of the community, depending on the efforts they made;
• 2) economic equality also determined political equality. The entire adult population of the clan - both men and women - had the right to participate in the discussion and resolution of any issue related to the activities of the clan;

The public (social) power that existed in the pre-state period had the following main features. This power:

• 1) was based on clan (family) relations, because the basis of the organization of society was the clan (tribal community), i.e. a union of people based on blood relationship, as well as community of property and labor. Each clan acted as an independent unit, possessing common property, tools and their results. The clans formed larger associations, such as phratries, tribes, and tribal unions. The clan played a decisive role in the formation of primitive society; power, basically, extended only within the clan, expressing its will;
• 2) was directly public, built on the principles of primitive democracy;
• 3) relied on the authority, respect, traditions and customs of clan members;
• 4) was carried out both by society as a whole (tribal meetings, veche), and by its representatives (elders, councils of elders, military commanders, leaders, priests, etc.), who resolved the most important issues of the life of primitive society;

Thus, power in primitive society in its original form did not provide any advantages and was based only on authority. Later it began to change and acquire new features.

The structure of primitive society. The primitive communal system consists of several stages of its development. Stone Age most peoples survived approximately 30 thousand years ago. At that time people took credit for themselves finished products nature, which were mined using primitive tools (stick, stone, sharpening, etc.). The social structure of this period is characterized as a herd society, or rather a human herd. It was during this period that the skills of collective labor and collective consumption of obtained products and meat began to be formed. Individual groups They lived, apparently, in isolation, the connections between them were random. Marriage relations in the herd were initially chaotic. Gradually, sexual relations in the herd acquired a limited character, and certain prohibitions were established on marital relations (between brothers and sisters, mothers and children, fathers and children, and other close blood relatives). Over time, livestock breeding and agricultural activities developed, and tools of labor were improved (a kopte, an ax, something like a knife, a bow and arrowheads appeared). Gradually, the human tribe accumulates certain experience in all areas of activity (hunting, fishing, animal husbandry, agriculture), which improves the skills of any field of activity and makes it more effective (techniques accumulated with experience help to catch a certain animal, fish, preserve crops of vegetables and fruits). Production relations are also changing, the beginnings of collective labor and public property are appearing. Also during this period, the beginnings of marital relations between different members of the herd appear. At this stage, the herd has already transformed into a clan. The most stable form was the clan community, which was an association of people based on blood kinship, as well as on the commonality of running a joint household. Primary role in the formation public person and the emergence of the family, labor played a role. Rod played a decisive role in social development primitive people. He acted authentic public association, united by a common goal of production and consumption of life products. Common clan ownership of land, tools, and mining items appeared. All members of the clan are free people, bound by blood ties. Their relationship was built on the basis of mutual assistance, no one had any advantages over others. The clan, as the original unit of human society, was a universal organization characteristic of all peoples. In its original form, in the tribal organization, power belonged to the entire clan and was exercised in the interests of all its members. The most significant issues of the life of society, resolution of significant disputes, distribution of responsibilities, military strategies, religious ceremonies, etc. were allowed on general meeting(council) of all adult members of the clan - men and women. This assembly, which arose along with the clan, was the highest authority in it. The decisions of the meeting were absolutely binding for everyone and were perceived as an expression of the general will. For direct management, the assembly chose “the best among equals,” that is, the most experienced and intelligent head of the clan (elder, sorcerer, leader). The leader (head of the clan) did not have any advantages over other members of the clan, worked equally with others, did not differ material resources, however, had unshakable authority and respect. The forms of organization of power in the clan community discussed above give every reason to say that this power acted as self-government, a kind of primitive democracy. Primitive customs were rooted in ancient times and were passed on from generation to generation for thousands of years. Customs were indisputable prohibitions (taboos), stories (myths) projecting behavior in a given situation, as well as magic signs, ceremonies and rituals. Compliance with customs was mandatory for each member of the clan. Customs were inviolable and sacred, and therefore could not be revised or condemned. Customs played out important role in regulation production processes, everyday life, family and other social relations. Customs were a natural product of the most primitive system, the result and a necessary condition his life activity. Society directed the behavior of each member of the clan so that it corresponded to collective interests. Many important customs arose directly from existing social relations. They were closely related to the norms of primitive morality, religious dictates, and often coincided with them. Various rituals and ceremonies associated with the aesthetic ideas of the people of that era also had a religious connotation. Great importance had numerous prohibitions (taboos). The indisputability of the custom was based on blood ties and common interests of members of the clan community, the equality of their status, and the absence of irreconcilable contradictions between them. Thus, characteristic features primitive customs can be formulated as follows:

• 1) they came from the clan and expressed its will and interests;
• 2) were performed out of habit on a voluntary basis, and if necessary, their observance was carried out forcibly;
• 3) there were no bodies punishing non-compliance with customs, but instead of them there was a general condemnation of fellow clansmen;
• 4) there was no difference between rights and obligations: a right is perceived as an obligation, and an obligation as a right.

It follows from this that each society is characterized by a certain system of managing and regulating the behavior of people with the help of certain general norms. So, in the person of the community and tribal organization, there are clearly demarcated social institutions; the behavior of tribal members is regulated not only by instincts, but also by certain social norms and rules. The most important stage in social human development was the Neolithic revolution, which took place 10-15 thousand years ago. During this period, advanced tools appeared, cattle breeding and agriculture were improved. People began to produce more than they consumed, surpluses appeared, and as a result, food reserves, and as a result, inequality appeared (who has more reserves). The economy became productive, people became less dependent on natural phenomena, which led to a significant increase in population. The exchange of goods also appeared, the beginnings of the provision of services appeared, man began to use not only animals, but also human labor in industrial activities (for example, in exchange for part of the produced product), and the beginnings of slavery appeared. It was during this period, in the Neolithic era, that the decomposition of the primitive communal system and the gradual transition to a state-organized society began. Gradually, a special stage of development of society and a form of its organization arises, which is called the “proto-state” or “chiefdom”. During the period of the appropriating economy, the presence of excess product was not noticeable, and with the advent of cattle breeding and agriculture, exchange becomes necessary for survival. Some members of society who have surpluses have the right to “bargain” for their sale (exchange), and therefore they further increase their reserves and become economically independent from other members of the tribe. People appear who exchange products between communities. This leads to a new division of social labor and the emergence of merchants who do not participate in the production process, but are engaged only in the exchange of consumer goods. Private property appears, and in connection with its appearance, the material differences of members of society also arise. The gradual transition from paired marriage to monogamous marriage leads to economic independence of the family. She becomes social form material isolation, all private property is concentrated within one family and is inherited. The emergence of private property caused a stratification between rich and poor. At this stage, the primitive communal organization begins to experience a crisis of power, because the need arose to regulate economic relations, inequality, and the need to protect private property. The organs of the primitive communal system are gradually degenerating into organs of military democracy to wage war with neighboring tribes, to protect their territory and population. At this moment, the imposition of the will of strong and wealthy members of the tribe on all fellow tribesmen begins.

Thus, the degeneration of the organs of primitive society gradually leads to the emergence of the state.

There was a period when there was no state - it is called the “pre-state” period or the primitive communal period.

Primitive communal society is just such a period.

Economy of primitive society appropriating: gathering, hunting.

As natural resources are depleted, people begin to engage in agriculture and cattle breeding. The exchange begins.

Neolithic Revolution

Neolithic Revolution– transition from an appropriating economy to a producing economy. As a result, farmers, cattle breeders and traders appeared. Thus, property inequality begins to appear, and then social inequality. From this moment on, society ceases to be primitive.

This creates the conditions for the emergence of a state.

The division of labor is based on gender and age.

Clan and tribe are the main units of primitive society:

A clan is a smaller association that is based on blood or presumed kinship, collective labor, common property and social equality.

A tribe is a larger association (union of clans). It is necessary to protect your territory, it is more convenient for everyone to exist together. Its own territory, language, religious and everyday rituals.

Institutions of power of primitive society

The peculiarity of the power of a primitive society is that in a primitive society there is a special type of power - potestary power. Such power is not divorced from society and does not stand above it. It is carried out by the society itself (tribal assembly) or by elected persons (leaders, elders) who do not have privileges other than authority and can be replaced. There is no apparatus of coercion and control.

Law in primitive society

There is no right, the rules of behavior are expressed in the form of mononorms. These rules of conduct include religious, corporate, and moral norms.

Basic theories of the origin of the state

1. Theological theory of the origin of the state. The state is a product of God's will. The sovereign is God's vicegerent on earth. The state is eternal, like God himself. Is the official theory of the Vatican.

2. Patriarchal theory of the origin of the state. The state is the product of the growth and development of the family.

3. Class theory of the origin of the state. The state arises as a result of the division of society into classes and is a machine for suppressing one class by another.

4. Contract theory of the origin of the state. The state arises as a result of an agreement or treaty between people who, being in a state of nature, were forced to wage a war of all against all. By virtue of the contract, people delegate part of their rights in exchange for their protection and patronage.

5. Violent theory of the origin of the state. Conquest of some by others. There is a theory of external violence (one tribe conquers another tribe) and internal violence (a group of people is formed who, through force, suppress the rest of the population, who are in the majority).

6. Psychological theory of the origin of the state. The state is the result of the peculiarities of the human psyche, his drives and instincts.

7. Historical school of the origin of the state. The state is a product of the development of the national spirit, an organic manifestation of the people. It is formed in the course of historical development (like a language).

Concept, characteristics and essence of the state