Summary of the course “history of political and legal doctrines. Ippu (lecture notes)

1. Subject and content of the history of political and legal doctrines. The place and role of the history of political doctrines in the system of legal sciences

1. The most important task of the history of political and legal doctrines is formation of an idea about the features of theoretical understanding of the process of creating a state structure, its structure, and legal norms. Sometimes political and legal doctrines turned out to be the theoretical foundation for social practice. The history of political and legal doctrines has ideological, educational, and humanitarian functions. It touches on many problems of politics and law, as well as a number of other issues that are determined by the interdisciplinary nature of the problems in the history of political and legal doctrines.

2. TO the subject of the history of political and legal doctrines refers to the emergence and subsequent process of development of worldviews about politics, law and state. Considering political and legal doctrines in their historical development, one can become familiar with attempts to transform existing social relations, free themselves from outdated norms or correct them. It should be noted that the history of political and legal doctrines is a process of consistent development of theoretical concepts, ideas, postulates and often dogmas.

3. The subject of the history of political and legal doctrines includes the historical genesis of ideas about politics, law and the state, formalized in the form of holistic doctrines. Each political and legal doctrine contains three components:

1) theoretical (philosophical or religious). The theoretical basis depends on the forms of social consciousness available in the this moment in society. In feudal Europe, for example, political and legal teachings had a pronounced theological character, since the worldview of the people of that era was sanctified by religion;

3) a political and legal program that suggests ways to implement theoretical proposals, as well as best device analyzed spheres of society. This part reflects the vision of the goals and objectives of the state, an assessment of the existing state mechanism and law, as well as the interests of social groups society, classes and their attitude to issues of law.

4. Theoretical part of political and legal doctrines most extensive. This is due to the need for a thorough justification of the significance of certain problems and the need for their theoretical analysis.

5. The most important feature of any political and legal doctrine - dependence on the structure of a particular state, on the specifics of its legal system. Changes in the structure of the state mechanism and its corresponding legal framework affect conceptual changes in the teachings of politics and law.

Political and legal doctrines interesting as A New Look the author on one or another problem of his contemporary society. They represent the result of intellectual activity, produced taking into account the ideological positions of a certain thinker living in specific historical conditions. Political and legal doctrines fulfill the necessary social functions. They help various social groups realize their interests, realize them, and also speed up the process of changing political and legal institutions in society.

7. The history of political and legal doctrines includes certain ideas, conceptual approaches and scientific works. It represents a consistent development of theoretical views and demonstrates historical continuity. Studying the history of political and legal doctrines helps to analyze the past in order to better understand the present in order to become true citizens well versed in issues of power, state and law.

8. History of political and legal doctrines– an independent scientific and educational discipline in the field legal sciences and legal education. This discipline explores the history of the emergence and development of theoretical knowledge about the state, law, politics and legislation, and also studies political and legal theories.

9. In modern political and legal knowledge, a huge place belongs to the legal and political teachings of the past. There is an interrelation between political and legal phenomena and concepts that make up a complex of state science and jurisprudence. To distinguish between subjects of study in political science and legal science it is necessary legal approach to the history of political and legal thought. Political phenomena in their interaction with law, their existence in a system of a certain legal order are the subject of study legal science generally.

11. Aristotle, for example, he believed that mentally and morally developed people, being free, could organize a common social life on a political basis. It is the ability to organize social life that characterizes a person as a political being. He called polity the best, in his opinion, form of government. In ancient Roman sources, much attention was paid to state aspects of the social structure, officials and their powers, public legal issues political life. The idea of a broader scope of the “political” compared to the “state” has survived to the present day.

12. The history of political and legal doctrines illuminates the legal thought of the past in the form of theoretical concepts of law and legislation. They reveal the concept, essence, functions and role of these specific phenomena of social life, which, in turn, characterize the legal and political state of society as a whole. The history of political and legal doctrines studies not the historically emerging political and legal institutions and institutions themselves, but their corresponding forms theoretical knowledge. This is originality of the subject history of political and legal doctrines.

13. The history of political and legal doctrines studies the patterns of the historical process of development of theoretical knowledge about the state, law, politics and legislation. She explores the history of political and legal theories. Patterns of development political ideology have common grounds with the laws of development of state-legal life, but they are not identical. The history of political and legal doctrines teaches us to compare different views and directions of legal and political thought, analyze alternative views and theories, and respect different theoretical thoughts of times and eras.

2. The crisis of the primitive system, the emergence of the state. Formation and development of political and legal ideology

1. Primitive communal form of social structure characterized by the absence of a class structure, state and clear legal norms. The economic life of the primitive community was based on collective ownership of the means of production with a low level of development of productive forces. What was produced by the community members was equally divided among them. Poor technical equipment forced people to unite. Hence the collective ownership of the means and results of labor.

2. Collective ownership of land, tools and household items prioritized the interests of the collective, not the individual. There was a blood relationship between members of the clan. In the early stages of the primitive communal system, matriarchy dominated. Kinship was exclusively through the mother. During this period, women occupied a dominant position in the community. Her work was the economic foundation of the life of the community.

3. Neolithic Revolution, occurred at the turn of the 7th–5th millennium BC. e., and the transition from a nomadic to a sedentary lifestyle led to the fact that in regions with favorable conditions The first agricultural societies appear. They move from hunting and gathering to a productive economy. The growth of agricultural communities leads to their expansion and division according to family and kinship (clan) principles. On the territory of one agricultural community there could be several clans at once.

4. The organization of public power corresponded to the principles of economic management in primitive societies. The bearer of power was the entire society as a whole: all issues were resolved by a meeting of adult community members. It elected elders and military leaders. The latter had no material interest in their positions and could be removed by the assembly. The authority of the assembly was indisputable.

5. With the consolidation of clans, authorized persons who are respected are nominated for meetings. Gradually they gain privileges and their range of responsibilities expands. They take part in the organization of labor and distribution of production results. IN primitive society there was a developed system of prohibitions - taboo. One of the first was the ban on killing a fellow tribesman. Violation of taboos was strictly punished. Most of the prohibitions were based on religious morality.

6. The complication of social connections within clans gave rise to division of labor. Cultural and production skills paved the way for new sectors of the economy (cattle breeding, crafts, etc.). The constant increase in production led to the accumulation of surpluses. The latter were initially distributed according to the principle of equality between members of the clan. Then they began to move into the sphere of intercommunity relations and turned into a commodity.

7. Livestock exchange concentrated over time a large number of surplus product in the hands of individual families of the tribal nobility - priests, military leaders, elders. Cattle became an object of exchange - the money of primitive communal societies. All this supplanted collective forms of ownership. Private economy and private ownership of the means of production arose.

8. Growth of social product consolidated the existing property differences and social privileges. As a result, the power and privileges of the “managers” were assigned to the entire clan or family and were inherited. Mythological and religious ideas began to perform certain political functions. They provided legitimacy for the existing property and socio-political inequality in the community.

9. Wars and the increasing scale of slavery further differentiated the community. At first, the strengthened power of the military leader turned into absolute. Last for a long time limited to the framework of military democracy. Military democracy provided for the participation in the management of society of those engaged in military craft. This form of popular power included a military leader, a council of elders, and a popular assembly. Role people's assembly and other public institutions was still very significant. But the organs of the clan system have already begun to gradually lose their characteristic features.

10. The process of differentiation of society was not one-sided. It was not determined solely by wealth inequality. With the transition from a primitive system to a slave system, the very specifics of the organization of power change. Power passes from generation to new social actors – to the state. The power of the latter provides for the presence of a punitive apparatus, i.e., the army, bureaucracy, etc. The state apparatus carries out the functions of violence and coercion and alienates surplus products in the form of taxes. With the emergence of the state, the tribal structure gives way to the territorial-administrative one.

11. The state differs from the clan organization:

The creation of a special public authority that does not coincide with the population. Public, i.e. social, power existed in primitive society. But there it coincided directly with the population. The peculiarity of the public power of the state is that it does not belong to all members of society. This power is exercised through repressive administrative bodies (army, punitive agencies, bureaucracy);

The division of state subjects according to territorial principles. (Clan associations were held together by blood ties. With the advent of private property and classes, they begin to weaken. A mixture of clans and tribes occurs. The clan organization is transformed into an administrative-territorial one.)

12. The formation of private property and the split of society into various social groups made primitive customs in their former form unsuitable. In new historical conditions, new norms were needed. They were supposed to express the will of the dominant social groups.

13. Rules and customs gradually take shape legal norms. Lawmaking activity is actively developing government agencies. Many court decisions served as the source of legal formation. They were given importance general rules. As central power strengthened, these acts became an increasingly authoritative source of law. The legal laws created by the state were aimed at regulating relations of private property and other groups of social relations.

3. The origin of doctrines about politics and law in the Ancient East

1. Political and legal doctrines were among the first to appear in the Ancient East (Egypt, Mesopotamia, India, China). It was here that the early type of society first appeared, which replaced the primitive one. In the economic sphere this system characterized by:

The dominance of patriarchal subsistence farming;

State form of land ownership, communal land ownership;

Slow development of individual, private property.

2. Slave labor used to build pyramids, temples, and irrigation systems. In 3200 BC. e. almost 40 communities merged into two independent states: Upper Egypt and Lower Egypt, and then, after long wars, became a single state.

3. Led the state Pharaoh, who was considered a deity. The vizier, who headed the government, was subordinate to the pharaoh. Using favorable natural conditions, the Egyptians developed irrigation agriculture and cattle breeding. For economic activity required accurate calculations the rise and fall of water in the Nile, which led to the development of sciences such as astronomy, arithmetic, and geometry. Initially this knowledge was developed mathematicians from Babylon. They learned to extract Square root, decide quadratic equations, invented a system of written calculations, from which modern timekeeping is based. Later, Herodotus claimed that it was in Ancient Egypt that the length of the year was determined to be 365 and 1/4 days.

4. The Egyptians borrowed from Babylon much knowledge in astronomy, cosmology, and mathematics. Many discoveries were made in geometry: the Egyptians discovered exact formulas calculating the area of triangles, trapezoids, circles, rectangles, calculating the volume of a truncated pyramid, etc. The enormous power of the priests was based on the achievements of science. Basically, it was the priests who applied the acquired knowledge to make accurate calculations in agriculture.

5. The upper classes of Egypt were priests, servants of the pharaoh and military nobility. The priests not only dealt with cult issues, but also held positions in the administrative system. During the New Kingdom, when the Egyptians carried out successful military operations, the treasury of the state and temples was significantly replenished. The aristocracy, consisting of the descendants of the tribal nobility, the highest military and civil ranks, also had great influence in Egyptian society. Scribes were highly respected in society, many of whom the pharaoh allowed to collect taxes from the population in their favor.

6. In the middle of the 2nd millennium BC. e. formed in Egypt class groups. Some of them received land plots with the right of inheritance, others, such as free peasants and artisans, had to work on state land and pay taxes or work for the owner of the land for food. The peasants did not have the right to leave the place assigned to them.

7. Source of influx slaves There was military captivity, although often an Egyptian who was enslaved as a result of numerous civil strife also became a slave. They were also sold as slaves for debts. Slaves had the most rights and often rebelled.

8. In the surviving documents characterizing the worldview of the Egyptians, one can see attempts at a philosophical interpretation of the meaning of life. The papyrus “Conversation of a Disappointed Man with His Spirit” speaks of the injustice of a society where “violence” reigns, “robbery” is everywhere, “hearts are cruel and everyone takes away his brother’s things.”

9. Political and legal doctrines The ancient East were of an applied nature, since they described the functioning of power not at a general level, but at a practical level, presenting power in all its manifestations as a specific mechanism. The power of the pharaoh was identified with state power. As a result, this form appeared government, How despotism, which is typical for all ancient Eastern states.

10. Political and legal concepts had a pronounced ethical overtones. One of the political treatises of the time included the following advice: “Bend the crowd. Destroy the fervor emanating from her." The formation and further development of political and legal doctrines took place under the influence of mythological and religious ideas, and all difficult issues were resolved with the help of mythological or religious principles.

4. Political and legal doctrines of China

1. The heyday of philosophical and political thought in China occurred in the period of the 6th–3rd centuries. BC e. This was due to changes in economic and political life as a result of the emergence of private ownership of land. Property differentiation increased, which led to the rise of wealthy community members. Patriarchal intraclan ties began to weaken, and social conflicts were getting stronger. A fierce struggle for power began between the hereditary and property aristocracy.

2. Against this background, the doctrine emerged Lao Tzu(IV–III centuries BC), who left behind the treatise “The Book of Tao and Te,” compiled by his students in the 4th–3rd centuries. BC e. Lao Tzu believed that the world is not a Divine creation, it is created by natural laws. The basis of all things is the Tao, which determines the world order and is natural justice, before which everyone is equal. All the troubles of humanity are in the pursuit of wealth, which is a departure from Tao.

3. Lao Tzu considers the state an artificial entity, unnecessary for society; but he hopes that the Tao violated by people will be able to restore itself, so there is no need to commit any violent actions against the state (revolution, uprising, etc.). Lao Tzu opposes “harmful wisdom” and believes that the development of culture should be prohibited, since it only contributes to people’s departure from Tao and provokes desires. He proposes to return to the simplicity of ancient times, and at the same time it is necessary to restore the elementary public organization(Lao Tzu developed the “village state” model).

4. The most important ancient Chinese thinker is Kun Tzu, known to Europeans as Confucius(c. 551–479 BC). His thoughts were presented by his students (5th century BC) in the collection “Conversations and Sayings.” Confucius formed the standard of the highest morality - the ideal person (“jun-tzu”), which he contrasted with the common people. Junzi must follow the ritual, have virtue, love for people, a sense of duty and justice, strive for knowledge, honor elders, demonstrate loyalty and devotion to the authorities, etc., since it is the culture that distinguishes the Chinese from the barbarians.

4. Confucius developed patriarchal-paternalistic concept of the state(the emperor is the father of all subjects), justified social inequality, dividing society into superiors (enlightened rulers, Jun Tzu) and inferiors, who must unconditionally obey the superiors, which constitutes their virtue. According to Confucius, best form government - an aristocracy (and aristocrats of knowledge should rule, and not aristocrats of blood or wealth). According to Confucius, the ruler is the son (representative) of God on earth. “Achieve the love of the people,” Confucius advises the virtuous sovereign, but no one has the right to criticize the actions of the emperor.

6. Confucius distinguished between government on the basis of virtue and on the basis of positive law; Confucius had a negative attitude towards the latter, since its norms are established by people, not by God. At the same time, Confucius recognized the auxiliary role of positive law in government. Officials are assistants to the sovereign in governing the state, while all state power still remains in the hands of the emperor. Confucianism calls for enlightenment and self-improvement. From the 2nd century BC e. Before the establishment of the communist regime in 1949, Confucianism (with elements of legalism included in it) was the official ideology of China.

7. One of its opponents came out of the Confucian school Mo Tzu(Mo Di) (5th century BC), whose sayings were collected by students in the collection “Mo Tzu” (IV century BC). For the first time in ancient Chinese philosophy, Mo Tzu appears with the idea of electing the first ruler; the ideas of social equality and criticism of social injustice are very strong. Mo Tzu put forward the concept of universal and equal love, the brotherhood of all people living on earth, regardless of social and other factors. In the spirit of equality, Mo Tzu preached the rejection of the luxury and refined culture of the ancient Chinese aristocracy and ceremonial; in general, he advocated “simplification” (in contrast to the sophisticated and highly cultured Confucius). Mozi (unlike Confucius, and this makes him similar to Shang Yang) advocated the need for the state to establish generally binding laws, which must be followed by subjects under pain of inevitable punishment.

Name: History of political and legal doctrines - Short course.

This course is dedicated to world history political and legal thought. It covers the main political and legal theories of the ancient world, the Middle Ages, modern and contemporary times. Considerable space is devoted to the history of political and legal doctrines in Russia.
For students, graduate students and teachers of legal, political science, philosophy and other humanitarian universities and faculties.

The world history of political and legal doctrines is one of the important components of the spiritual culture of mankind. It concentrates the enormous political and legal experience of past generations, reflects the main directions, milestones and results of previous studies of the problems of freedom, law, legislation, politics, and the state. This educational experience, ideas and achievements of the past have a significant impact on modern political and legal views and orientations, on the theory and practice of our days.
In their attempts to understand the present and find ways to a better future, people have always turned and will turn to the past, to historically proven provisions, principles, and values. And this is not a tribute to the past, not blind faith in traditions and authorities, but necessary method human orientation in historical time and space, the natural need of every modernity to find itself, its place and purpose between the past and the future.
In this regard, the tortuous path of progress of political and legal thought and culture of mankind, reflected in the teachings of the past, the process of formation and approval of universal political and legal values, reflected in the teachings of the past, is of enduring importance.
The history of political and legal thought allows us to understand how, in the struggle and clash of different views and positions, the process of developing knowledge of the nature of the state and law, deepening ideas about freedom, justice and law, law and legality, about proper social and state structure, about human rights and freedoms, forms and principles of relationships between individuals and authorities, etc.

CONTENT
Introduction 2
Chapter 1. Subject and method of the history of political and legal doctrines 2
1. The subject of the history of political and legal doctrines as an independent legal discipline 2
2. Methodological problems of the history of political and legal doctrines 4
Chapter 2. Political and legal thought in the countries of the Ancient East 6
1. Political and legal thought of Ancient India 6
2. Political and legal thought Ancient China 8
Chapter 3. Political and legal doctrines in Ancient Greece 10
1. general characteristics 10
2. Political and legal thought of the early period (IX–VI centuries BC) 11
3. The heyday of ancient Greek political and legal thought 12
(V – first half of the 4th century BC) 12
4. Political and legal thought of the Hellenistic period (second half of the 4th - 10th century BC) 19
Chapter 4. Political and legal doctrines in Ancient Rome 20
1. Cicero’s teaching on state and law 20
2. Political and legal views of the Roman Stoics 23
3. The teaching of Roman jurists about law 24
4. Political and legal ideas of early Christianity 27
5. Political and legal views of Augustine 28
Chapter 5. Political and legal doctrines in the Middle Ages 30
1. The teaching of Thomas Aquinas on state and law 30
2. Political and legal doctrine of Marsilius of Padua 32
3. Medieval legal thought 33
4. Formation and development of Muslim legal thought 34
Chapter 6. Political and legal teachings of the Renaissance and Reformation 36
1. Introduction 36
2. New science about politics. N. Machiavelli 36
3. Political and legal ideas of the Reformation 39
4. Bodin and his doctrine of the state 41
5. Political and legal ideas of European socialism of the 16th–17th centuries. 43
Chapter 7. Political and legal doctrines in Russia in the 11th – first half of the 17th centuries. 45
1. Political and legal ideas in the “Sermon on Law and Grace” 45
2. Political program of Vladimir Monomakh 46
3. Political polemic between non-acquisitors and Josephites (acquisitive) 46
4. Political concept of Philotheus “Moscow – the third Rome” 48
5. Political program of I. S. Peresvetov 49
6. Political teaching of Ivan Timofeev 52
Chapter 8. Political and legal doctrines in Holland in the 17th century. 54
1. Greek doctrine of state and law 54
2. Political and legal teachings of Spinoza 57
Chapter 9. Political and legal doctrines in England in the 17th century. 59
1. Political and legal doctrine of Hobbes 59
2. Locke’s doctrine of state and law 61
Chapter 10. Political and legal teachings of the European Enlightenment 63
1. Introduction 63
2. Political and legal doctrine of Montesquieu 63
3. Political and legal doctrine of Rousseau 67
4. Natural law doctrine of S. Pufendorf 71
5. Political and legal doctrine of C. Beccaria 72
Chapter 11. Political and legal doctrines in Russia in the second half of the 17th–18th centuries. 72
1. Political and legal views of Yuri Krizhanich 73
2. Political ideas of Feofan Prokopovich 76
3. Political views of M. M. Shcherbatov 78
4. The doctrine of state and law by S. E. Desnitsky 81
5. Political and legal doctrine of A. N. Radishchev 83
Chapter 12. Political and legal doctrines in the United States of America in the 18th–20th centuries. 85
1. Political and legal ideas of T. Payne 85
2. Political view of T. Jefferson 87
3. Political and legal views of A. Hamilton 88
4. Political ideas of J. Adams 88
5. Political and legal doctrine of J. Madison 89
6. Holmes' doctrine of law 91
Chapter 13. Political and legal doctrines in Germany at the end of the 18th century - early XIX V. 92
1. I. Kant’s teaching on state and law 92
2. Historical school of law 95
3. Hegel’s doctrine of state and law 96
Chapter 14. Political and legal thought in Russia in the first half of the 19th century. 101
1. Political and legal views of M. M. Speransky 101
2. Political programs of the Decembrists 103
3. Political ideas of P. Ya. Chaadaev 107
4. Political and legal views of Slavophiles and Westerners 108
Chapter 15. Political and legal doctrines in Western Europe in the first half of the 19th century. 112
1. English liberalism 112
2. French liberalism 113
Chapter 16. Political and legal doctrine of Marxism 116
1. State and law as superstructural phenomena 117
2. The class nature of the state and law 117
3. The fate of the state and law in the communist formation 118
Chapter 17. European political and legal thought of the second half of the 19th – first half of the 20th century. 119
1. R. Iering’s teaching on law and state 119
2. J. Austin's doctrine of law 122
3. Political and legal doctrine of F. Nietzsche 123
4. Political and legal ideology of National Socialism 127
Chapter 18. Political and legal doctrines in Russia in the second half of the 19th – first half of the 20th centuries. 129
1. Russian utopian socialism 129
2. Political and legal views of N. A. Bakunin 131
3. Liberals. B. N. Chicherin 133
4. Political and legal views of V. S. Solovyov 135
5. Political and legal views of P. I. Novgorodtsev 137
6. Psychological theory rights of L. I. Petrazhitsky 138
7. Political and legal ideas of N. A. Berdyaev 140
8. Political and legal views of I. A. Ilyin 142
Chapter 19. Political and legal ideology of Bolshevism 144
1. Introduction 144
2. Political doctrine of V. I. Lenin 145
Conclusion 147

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History of political and legal doctrines. (Short course) Ed. Nersesyants V.S.

M.: 200 0 . - 3 52 s.(Short training courses in legal sciences)

This course is devoted to the world history of political and legal thought. It covers the main political and legal theories of the ancient world, the Middle Ages, modern and contemporary times. Considerable space is devoted to the history of political and legal doctrines in Russia.

For undergraduates, graduate students and teachers of law, political science, philosophy and other humanities universities and faculties.

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CONTENT
Introduction 2
Chapter 1. Subject and method of the history of political and legal doctrines 2
1. The subject of the history of political and legal doctrines as an independent legal discipline 2
2. Methodological problems of the history of political and legal doctrines 4
Chapter 2. Political and legal thought in the countries of the Ancient East 6
1. Political and legal thought of Ancient India 6
2. Political and legal thought of Ancient China 8
Chapter 3. Political and legal doctrines in Ancient Greece 10
1. General characteristics 10
2. Political and legal thought of the early period (IX–VI centuries BC) 11
3. The heyday of ancient Greek political and legal thought 12
(V – first half of the 4th century BC) 12
4. Political and legal thought of the Hellenistic period (second half of the 4th - 10th century BC) 19
Chapter 4. Political and legal doctrines in Ancient Rome 20
1. Cicero’s teaching on state and law 20
2. Political and legal views of the Roman Stoics 23
3. The teaching of Roman jurists about law 24
4. Political and legal ideas of early Christianity 27
5. Political and legal views of Augustine 28
Chapter 5. Political and legal doctrines in the Middle Ages 30
1. The teaching of Thomas Aquinas on state and law 30
2. Political and legal doctrine of Marsilius of Padua 32
3. Medieval legal thought 33
4. Formation and development of Muslim legal thought 34
Chapter 6. Political and legal teachings of the Renaissance and Reformation 36
1. Introduction 36
2. The new science of politics. N. Machiavelli 36
3. Political and legal ideas of the Reformation 39
4. Bodin and his doctrine of the state 41
5. Political and legal ideas of European socialism of the 16th–17th centuries. 43
Chapter 7. Political and legal doctrines in Russia in the 11th – first half of the 17th centuries. 45
1. Political and legal ideas in the “Sermon on Law and Grace” 45
2. Political program of Vladimir Monomakh 46
3. Political polemic between non-acquisitors and Josephites (acquisitive) 46
4. Political concept of Philotheus “Moscow – the third Rome” 48
5. Political program of I. S. Peresvetov 49
6. Political teaching of Ivan Timofeev 52
Chapter 8. Political and legal doctrines in Holland in the 17th century. 54
1. Greek doctrine of state and law 54
2. Political and legal teachings of Spinoza 57
Chapter 9. Political and legal doctrines in England in the 17th century. 59
1. Political and legal doctrine of Hobbes 59
2. Locke’s doctrine of state and law 61
Chapter 10. Political and legal teachings of the European Enlightenment 63
1. Introduction 63
2. Political and legal doctrine of Montesquieu 63
3. Political and legal doctrine of Rousseau 67
4. Natural law doctrine of S. Pufendorf 71
5. Political and legal doctrine of C. Beccaria 72
Chapter 11. Political and legal doctrines in Russia in the second half of the 17th–18th centuries. 72
1. Political and legal views of Yuri Krizhanich 73
2. Political ideas of Feofan Prokopovich 76
3. Political views of M. M. Shcherbatov 78
4. The doctrine of state and law by S. E. Desnitsky 81
5. Political and legal doctrine of A. N. Radishchev 83
Chapter 12. Political and legal doctrines in the United States of America in the 18th–20th centuries. 85
1. Political and legal ideas of T. Payne 85
2. Political view of T. Jefferson 87
3. Political and legal views of A. Hamilton 88
4. Political ideas of J. Adams 88
5. Political and legal doctrine of J. Madison 89
6. Holmes' doctrine of law 91
Chapter 13. Political and legal doctrines in Germany at the end of the 18th – beginning of the 19th centuries. 92
1. I. Kant’s teaching on state and law 92
2. Historical school of law 95
3. Hegel’s doctrine of state and law 96
Chapter 14. Political and legal thought in Russia in the first half of the 19th century. 101
1. Political and legal views of M. M. Speransky 101
2. Political programs of the Decembrists 103
3. Political ideas of P. Ya. Chaadaev 107
4. Political and legal views of Slavophiles and Westerners 108
Chapter 15. Political and legal doctrines in Western Europe in the first half of the 19th century. 112
1. English liberalism 112
2. French liberalism 113
Chapter 16. Political and legal doctrine of Marxism 116
1. State and law as superstructural phenomena 117
2. The class nature of the state and law 117
3. The fate of the state and law in the communist formation 118
Chapter 17. European political and legal thought of the second half of the 19th – first half of the 20th centuries. 119
1. R. Iering’s teaching on law and state 119
2. J. Austin's doctrine of law 122
3. Political and legal doctrine of F. Nietzsche 123
4. Political and legal ideology of National Socialism 127
Chapter 18. Political and legal doctrines in Russia in the second half of the 19th – first half of the 20th centuries. 129
1. Russian utopian socialism 129
2. Political and legal views of N. A. Bakunin 131
3. Liberals. B. N. Chicherin 133
4. Political and legal views of V. S. Solovyov 135
5. Political and legal views of P. I. Novgorodtsev 137
6. Psychological theory of law by L. I. Petrazhitsky 138
7. Political and legal ideas of N. A. Berdyaev 140
8. Political and legal views of I. A. Ilyin 142
Chapter 19. Political and legal ideology of Bolshevism 144
1. Introduction 144
2. Political doctrine of V. I. Lenin 145
Conclusion 147

Potitko-legal ideology of Ancient India (Brahmanism, Buddhism)

4 castes (“varnas”):

brahmins– from the mouth of the world god (education...),

kshatriyas– from the hands (government, war),

vaishyas– from the hips (supporting the activities of brahmanas and kshatriyas, crafts...),

Shudras– from the feet (service, dirty work).

Slaves- not people, but tools.

If a person does not fulfill his duties (“dharma”) according to this hierarchy, then punishment follows (“dandu” - stick).

If it does then - ?????

Putil: “Of the four types of legalization of dharma - custom, scripture, a court decision, a royal decree - the highest is, in case of a conflict of their norms, the royal decree.”

In Brahmanism, priority is clearly given to the sacred scripture, i.e. the above statement is clearly a departure from Brahmanism.

The logic of the priority of scripture clearly followed from the hierarchy (see above).

"Buddha" is the enlightened one.

The main goal is to achieve the state of “nirvana” - the highest state of spirit - achieved through limitation/renunciation of desires (it is the failure of which that causes the main suffering).

“I do not call a person a Brahmin just because of his birth or because of his mother” - the idea of spiritual equality, everyone creates their own destiny.

“Violence does not destroy violence, but the absence of violence destroys it”(or “hate” instead of “violence”).

Those. idea: an increase in violence causes its counter-increase.

Political and legal doctrines of China (Confucius, Shang-Yang)

All teachings differ for two fundamental reasons: whether a person is good by nature (“a beast or not”) and where it is better to draw ideas: from the past or from the future.

Confucius:
1) patriarchal theory of the origin of the state and the idea of paternalism:

the state is an extended family,

monarch - father large family with related responsibilities and functions;

paternalism - the power of the father and his care for the family,

2) the idea of meritocracy- worthy authorities

the power is not the best, but rather worthy in the sense of morality and morality - in this case it is impossible to refer to the fact that “at the top they steal more”,

3) idea of philanthropy:

care of elders for younger ones and respect for elders by younger ones,

“a person needs to be fed, educated, and then instilled with high morality” - the idea that without food and education it is useless to instill morality,

4) negative attitude towards laws:

the law is always a punishment that causes a defensive reaction - lies and a complete lack of conscience, violence against inner world a person forced to crush himself simply for the sake of survival,

5) advice to officials:

the ancients considered it a disgrace for themselves not to keep up with their own words,

in a country where there is calm, be bold in actions and in speech, and in a country where there is no calm, be bold in action, but careful in speech,

etc. (lots of advice)

Shan-Yang (338-390 BC)

led the movement of legalists (“legos” - law, “legists” - legalists).

Opposite of Confucius:

1) the state is an apparatus suppression own people, and the monarch is a despot who rules with the help harsh laws. If the people are strong, the state is weak, and if the state is weak, then this is the cause of all troubles,

2) kindness and humanity are the mother of all wrongdoings,

those. the state should have a lot of punishments and few rewards (ratio 9:1). The slightest offense should be severely punished, even the death penalty - then there will be no major crimes (“for dropping coal from a pot - death, - then there will be no arson”),

3) the need to dumb down your people to make it easier to manage

in the Qin Empire, where this was used, all philosophical books and the philosophers themselves were destroyed, for the possession of books there was a severe punishment,

4) introduced mutual responsibility and severe punishment for “non-reporting”,

5) allowed the purchase of official positions.

Previously, in China, the official was the “king and god”; there was no clergy at all, because functions of the clergy - among officials; Only a person from noble families could become an official.

Shan-Yang changed this system: thanks to the purchase of positions, energetic and intelligent people came to power.

The Qin Empire, built on the advice of Shan-Yang, is purely totalitarian.

Complete cessation of civil strife, “ominous calm.”

Greece. Political and legal ideas of the sophists.

Sophos is wisdom, sophists are paid teachers of wisdom.

Senior Sophists– development of problems of state and management.

Lesser Sophists– emphasis on the technology of conducting disputes through absurd logic, which is difficult to “detect” (“what you didn’t lose, you should have”).

Their advice to lawyers: to unbalance the opponent (so that it is difficult to follow the logic), speak either very quickly (so that those listening to the logic cannot keep up with the logic and consider themselves stupid), or vice versa - slowly. Those. – psychological approach to legal practice. Ambiguous words, play on words, ...

Senior Sophist Protagoras:

1) golden age of humanity - in the future: people used to be like animals, different from animals by fire. And only when the gods gave people shame, truth/law, did people begin to live differently from animals.

2) justice is a relative concept(what is true today or for one is not true tomorrow or for another),

3) the measure of all things is man(the idea of “what exists for what”: the individual for the state or the state for the individual: everything should be for the sake of man).

Athens: Socrates

By decision of the court, he was sentenced to death, out of respect - in the mildest way - by poison.

1) those who know must manage

2) law and justice are identical concepts.

It was for these ideas that Socrates was found guilty and was executed for undermining the constitutional order and for corrupting the youth.

The reason for this court decision:

1) occupation of positions in Athens - by drawing of lots (including artisans...), drawing of lots is the basic constitutional principle of Athens,

2) the drawing of lots was considered the “will of the gods”, i.e. if against the draw, then he is an atheist, and atheism is the seduction of youth.

Plato (student of Socrates).

about forms of government: hierarchy in order of deterioration:

1) aristocracy(the power of the best, at first the best meant philosophers, but power corrupts even philosophers - an oligarchy appeared),

3) democracy(the power of the people, untrained, illiterate people who confuse many concepts: “freedom - permissiveness”, “rudeness - valor”; democracy develops into ochlocracy),

4) ochlocracy- the power of the crowd (but the crowd always needs a leader, and he easily appears in it - timocracy appears),

5) timocracy– the power of heroes, the power of honor (it is dangerous because these heroes and military men cannot imagine their existence without war, cruel centralization, etc. – developing into tyranny),

6) tyranny- the cruel power of one (the best speak out against tyranny - again a return to the aristocracy).

Ideal State(eternal and optimal aristocracy) according to Plato corresponds to the essence of man:

- reasonableness- desire to think

- ambition- desire for fame,

- lust– the need for physiological comfort.

Then in an ideal state there are the corresponding three classes: philosophers, warriors and artisans/farmers (depending on the essence of a particular person).

Principles of life for philosophers and guardians:

1) community of property and prohibition to touch money,

2) community of wives (the family automatically reproduces inequality, since everyone takes care of their own child, and the idea is that all children are for each member of society),

3) public education of children.

Aristotle.

Pupil of Plato, teacher of Alexander the Great. I disagreed with Plato on the issue of the optimal type of property: everyone cares much more about personal property than about public property.

Forms of government according to Aristotle:

Churchill: “Democracy is the worst form of government, but a better one has not yet been invented.”

Democracy:

1) too equalizes the poor and the rich in terms of participation in government through equal voting rights - regardless of their contribution to society.

2) people who do not have property and therefore act irresponsibly can come to power.

Polity– the power of educated people with property – a symbiosis of oligarchy and democracy: there will always be rich and poor, but most of society has property and, at the same time, is literate.

Two types of justice:

Equalizing justice operates in relations between citizens,

Distributive justice operates in the relationship between citizen and state (the state cannot “love” everyone equally).

Political and legal teachings of early Christianity: Aurelius Augustine (Blessed)

Basic principles of organizing community life:

1) community of property,

2) compulsory work for everyone,

3) equality,

4) absence of clergy and cults,

5) condemnation of wealth.

The “golden rule of regulatory regulation” has been formulated:

“Treat others the way you would like to be treated.”

Two aspects:

1) with the measure you use, it will be measured back to you,

2) by what court you judge, you will be judged.

Main works: “On the City of God”, “On Free Will”.

1) a person who lives according to his own will is likened to the devil (inequality, injustice),

2) man lives according to the divine will.

State and city are synonymous.

Idea 1: those who live according to option “1” will die sooner or later, because live in sin.

Idea 2: violent struggle against heretics is justified (the shepherd must drive in the lost sheep).

Idea 3: the concept of “how to be saved from sin.”

Difference between misdemeanor and crime:

“If passion destroys the soul and body, then this is an offense,

if one acts to the detriment of another, it is a crime.”

Thomas Aquinas (Aquinas). About the state and the law.

The main work is “Summa Theologica”.

Recognized as the official theologian of the Catholic Church.

In the Bible, all power comes from God.

Identification of three elements of state power:

1) Essence (where power comes from) – power from God.

2) Origin of power: by inheritance or force.

3) Use of power:

a. if the monarch cares about his subjects and the privileges of the church, then this power must be obeyed,

b. if the monarch does not care about his subjects and the church, then the people have the right to revolt.

“Perhaps the tyrant was sent to the people for their sins.”

Subordination of laws:

2) Natural law(“natural” - “human”, human awareness of eternal laws; in nature there are laws of conservation and laws of reproduction; human natural laws: the desire for self-preservation, reproduction, knowledge of the truth).

3) Human Law(feudal law): human laws should not contradict natural laws, but differ from them:

a. written down (whereas natural laws are not written down),

b. provide punishment for violation.

4) Divine Law- The Bible.

Called for force (with the help of the state) to fight heretics: heretics undermine the foundations of life.

Medieval heresy about law and state.

Heresy- an opposition movement within the dominant church.

Two types of heresy:

1) plebeian(peasant-plebeian) heresy:

a. demands social and property equality,

b. demands the liquidation of the church organization and clergy.

Representatives of the plebeian heresy - “Bogomils”???

Landowners are servants of the devil.

2) burgher heresy:

a. demands legal equality (burghers have limited rights, unlike feudal lords),

b. demands a cheap church (burghers create wealth with their labor and give 1/10 of it to the church).

Political and legal doctrine of Niccola Machiavelli.

The main work is “The Sovereign”.

Key ideas:

1) highlighted politics as a special sphere of human life, which has its own laws (the main thing in politics is people, in history the interests of people remain unchanged),

2) separated politics from religion and morality(against the Catholic religion, because it calls for humility, but we need a religion that calls for the fight for justice; “The end justifies the means if the goal is the well-being and tranquility of the state”; morality stands above politics).

3) advice to the sovereign:

a. the sovereign must seek the love of people, but he must rely on fear - carry out all punishments at once,

b. the sovereign must be stingy (if he is generous, he cannot give everyone the same),

c. things that are pleasing to subjects - to do yourself, and things that are displeasing to subjects - to entrust to subjects,

d. The sovereign should never encroach on the property of his subjects, “it is better to kill than to threaten.”

Political and legal ideas of utopian socialism (Thomas More and Tomaso Campanella).

Main works: Thomas More - “Utopia”, Tomaso Campanella - “City of the Sun” (written in prison). Both works are written in the travel genre.

Genre: utopian socialism.

Utopia– unrealizable (where am I????), blessed country. A characteristic feature is not to think about material well-being, only about spiritual development. Material development harms spiritual development.

Criticism of the existing system. T. More: “sheep eat people.”

The state is responsible for its subjects.

The state is a tool to oppress the poor.

Confusing laws benefit the rich (the poor can't get an education).

Key ideas:

1) public property,

2) compulsory work for everyone (they work in “Utopia” for 6 hours, in “City of the Sun” - 4 hours),

3) everyone should benefit society,

4) social meal,

5) there are few laws, because no private property; the main part of the laws is the regulation of family and marriage relations,

6) against punishment: if a person has caused harm to society - to hard labor.

Two types of execution of the death penalty (T. Campanella): everyone hits him, persuades him to cover himself with gunpowder.

Theory of natural law and contract (T. Hobbes, J. Locke)

The rights that people had before the advent of the state, after the advent of the state, it gives positive rights.

T. Hobbes: "Leviathan"(understood the state as a monster).

1) man is an egoist and thirsts for power, “man is a wolf to man,” there is a war of all against all; the source of origin of the state is reason; political power is absolute, but does not affect civil affairs,

2) there should be as few laws as possible.

J. Locke: “Laws are like hedges along the road, and too much law is harmful and unnecessary.”

To protect your property, agree on the creation of a state. The state is the watchman.

Ideas of liberalism.

Three branches of government: executive, legislative, union (external relations).

Developed the theory of labor ownership. Labor is the determinant of property.

Differences in approach:

Hobbes - a contract against all risks (except for civil ones),

Locke is a contract against certain, specified risks.

Classical theory of democracy.

Montesquieu: "On the Spirit of Laws."

There is the letter of the laws and the spirit of the laws.

The spirit of laws is influenced by:

Physical factor (climate, territory, etc.),

Moral factor (customs, religion, political regime).

Developed the theory of checks and balances: No branch of government has the right to replace a law proposed by another branch of government.

Began to develop the concept of civil human rights:

1) noted the danger to human freedom from criminal legislation,

2) the inadmissibility of insulting human nature during punishment,

3) inadmissibility of punishment for thoughts,

4) about immodest words.

B. Spinoza: “Theological-Political Treatise.”

2) laws must be adopted by a large number of people (people are selfish, and so is the monarch),

3) you cannot interfere in an area that cannot be changed in any way either by promises of rewards or fear of punishment.

Plan

The place of the history of political and legal doctrines in the system of legal disciplines
Subject of the history of political and legal doctrines
Methods of the history of political and legal doctrines
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 also 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 an independent academic discipline of both 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 Professor of St. Petersburg University K.A. Nevolin (1806-1855) - “History of the philosophy of legislation.” The five-volume work of B. Chicherin, published from 1869 to 1903, was called “History 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 Doctrines” 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 research for 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 theoretical knowledge about the state, law, politics, 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 attitudes towards the social system, state power, law and those that have developed 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. With classification existing methods you have been familiarized with 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 perspective 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 called and contextual research method. It focuses on viewing each teaching in the context of its circumstances personal life thinker, each doctrine 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 research the latter show that these countries had their own ancient world, its 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 considered comprehensively, taking into account the opinions of authoritative authors of textbooks and scientific research and developments in the field of history of political and legal doctrines.

Educational and methodological literature

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

Vlasova V.B. Tradition as a social and philosophical category // Philosophical Sciences. 1992. No. 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.
Lazarev V.V. Course on the history of political doctrines: meaning, subject and method //Leningrad Law Journal. 2005. No. 3.
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.
Lukovskaya D.I. Political and legal doctrines: historical and theoretical aspect. - L.1985.
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.
Rybin A.V. Subject, method and structure of the history of political doctrines //Uch. zap. Perm University. T.XXV.1. Legal sciences. Permian. 1962.
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

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