History of political and legal doctrines. Textbook

Send your good work in the knowledge base is simple. Use the form below

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

History of political and legal doctrines

Textbook / Ed. O. E. Leista. - M.: Legal literature, 1997.

§ 1. Introduction 27
30
§ 3 Political and legal thought of Ancient China 37
§ 4 Conclusion 49

Chapter 3. POLITICAL AND LEGAL TEACHINGS IN ANCIENT GREECE 52

§ 1. Introduction 52
§ 2 Development of democratic teachings. Senior Sophists 55
§ 3 Political and legal teachings of the aristocracy. Plato and Aristotle 59
§ 4 Political and legal doctrines during the decline of the ancient Greek states 75
§ 5 Conclusion 80

Chapter 4. POLITICAL AND LEGAL TEACHINGS IN ANCIENT ROME 83

§ 1. Introduction 83
§ 2 Political and legal teachings of the slave-owning aristocracy. Cicero. Roman lawyers 86
§ 3 Political and legal ideas of primitive Christianity 92
§ 4 The origin of theocratic doctrines. Augustine the Blessed 96
§ 5 Conclusion 100

Chapter 5. POLITICAL AND LEGAL TEACHINGS IN WESTERN EUROPE DURING THE MIDDLE AGES 102

§ 1 Introduction 102
§ 2 Political and legal theory of medieval scholasticism. Thomas Aquinas 106
§ 3 Political and legal ideas of medieval heresies 113
§ 4 The doctrine of the laws and state of Marsilius of Padua 116
§ 5 Conclusion 119

Chapter 6. POLITICAL AND LEGAL TEACHINGS IN THE ARAB EAST COUNTRIES DURING THE MIDDLE AGES 121

§ 1 Introduction 121
§ 2 Political and legal trends in Islam 122
§ 3 Political and legal ideas in the works of Arab philosophers 127
§ 4 Conclusion 134

Chapter 7. POLITICAL AND LEGAL TEACHINGS IN RUSSIA DURING THE PERIOD OF THE ARISE AND DEVELOPMENT OF FEUDALISM AND THE FORMATION OF THE UNITED RUSSIAN STATE 136

§ 1. Introduction 136
§ 2 Political and legal ideas of Ancient Rus' 136
§ 3 The main directions of political thought during the formation of the Muscovite kingdom 142
§ 4 Political ideology of the struggle against feudal exploitation 152
§ 5 Conclusion 154

Chapter 8. POLITICAL AND LEGAL TEACHINGS IN WESTERN EUROPE IN THE XVI century. 156

§ 1. Introduction 156
§ 2 N. Machiavelli’s teaching on state and politics 158
§ 3 Political and legal ideas of the Reformation 170
§ 4 Political ideas of the tyrant fighters. Etienne de La Boesie 176
§ 5 Theory of state sovereignty. Political doctrine of J. Bodin 178
§ 6 Political and legal ideas of early socialism. “Utopia” by Thomas More. “City of the Sun” by Tommaso Campanella 184
§ 7 Conclusion 193

Chapter 9. POLITICAL AND LEGAL TEACHINGS IN HOLLAND AND ENGLAND DURING THE EARLY BOURGEOIS REVOLUTIONS 197

§ 1 Introduction 197
§ 2 The emergence of the theory of natural law. The teachings of G. Grotius on law and state 198
§ 3 The main directions of political and legal ideology during the period of the English bourgeois revolution of 1642-1649. 203
§ 4 Theoretical justification of democracy. B. Spinoza 216
§ 5 Justification of the “Glorious Revolution” of 1688 in the teachings of J. Locke on law and state 223
§ 6 Conclusion 230

Chapter 10. POLITICAL AND LEGAL TEACHINGS OF THE GERMAN AND ITALIAN EDUCATION OF THE XVII-XVIII CENTURIES. 234

§ 1. Introduction 234
§ 2 Natural law theories in Germany 235
§ 3 Legal theory of C. Beccaria 241
§ 4 Conclusion 245

Chapter 11. POLITICAL AND LEGAL TEACHINGS IN RUSSIA DURING THE STRENGTHENING OF ABSOLUTISM 246

§ 1. Introduction 246
§ 2 Political and legal ideology of feudal defenders of absolutism 250
§ 3 Political and legal ideology of the merchants. I.T. Pososhkov 261
§ 4 Conclusion 266

Chapter 12. POLITICAL AND LEGAL TEACHINGS IN FRANCE IN THE 18TH CENTURY. 271

§ 1. Introduction 271
§ 2 Voltaire’s political and legal program 273
§ 3 The teaching of C. Montesquieu on state and law 276
§ 4 Political radicalism J.-J. Rousseau 282
§ 5 Political and legal doctrines of socialism and communism in pre-revolutionary France 291
§ 6 Main directions of political and legal thought during the period of the Great French Revolution 301
§ 7 Problems of state and law in the documents of the “Conspiracy for Equality” 305
§ 8 Conclusion 312

Chapter 13. POLITICAL AND LEGAL TEACHINGS IN THE USA DURING THE STRUGGLE FOR INDEPENDENCE 316

§ 1. Introduction 316
§ 2 Paine on State and Law 317
§ 3 Political and legal views of T. Jefferson 320
§ 4 A. Hamilton’s views on state and law 324
§ 5 Conclusion 326

CHAPTER 14. POLITICAL AND LEGAL TEACHINGS IN RUSSIA DURING THE PERIOD OF FURTHER STRENGTHENING OF THE NOBLE MONARCHY (SECOND HALF OF THE 18TH CENTURY) 328

§ 1. Introduction 328
§ 2 Ideology of “enlightened absolutism” 329
§ 3 Political and legal ideology of the feudal aristocracy 336
§ 4 Political and legal ideas of the emerging enlightenment and liberalism 340
§ 5 Political and legal ideology of peasant movements 348
§ 6 A.N. Radishchev about law and state 350
§ 7 Conclusion 357

CHAPTER 15. POLITICAL AND LEGAL TEACHINGS OF THE CLASSICS OF GERMAN PHILOSOPHY OF THE END OF THE 18TH - EARLY 19TH CENTURIES. 360

§ 1. Introduction 360
§ 2 I. Kant’s teaching on law and state 362
§ 3 Hegel’s doctrine of state and law 370
§ 4 Conclusion 379

CHAPTER 16. REACTIONAL AND CONSERVATIVE POLITICAL AND LEGAL TEACHINGS IN WESTERN EUROPE AT THE END OF THE 18TH AND BEGINNING OF THE 19TH CENTURIES. 385

§ 1. Introduction 385
§ 2 Reactionary political and legal doctrines in France, Switzerland, Austria 385
§ 3 Traditionalism of E. Burke 394
§ 4 Historical school of law 396
§ 5 Conclusion 400

Chapter 17. BOURGEOIS POLITICAL AND LEGAL IDEOLOGY IN WESTERN EUROPE IN THE FIRST HALF OF THE 19TH CENTURY. 404

§ 1. Introduction 404
§ 2 Liberalism in France. B. Constant 406
§ 3 Liberalism in England. I. Bentham's views on law and state 411
§ 4 The emergence of legal positivism. J. Austin 414
§ 5 The theory of “supra-class monarchy” by L. Stein 417
§ 6 Political and legal doctrine of Auguste Comte 419
§ 7 Conclusion 425

Chapter 18. SOCIALIST POLITICAL AND LEGAL IDEOLOGY IN WESTERN EUROPE IN THE FIRST HALF OF THE 19TH CENTURY. 427

§ 1. Introduction 427
§ 2 Political and legal ideas and theories of collectivists and communists of the first half of the 19th century. 428
§ 3 Conclusion 440

Chapter 19. POLITICAL AND LEGAL TEACHINGS IN RUSSIA DURING THE CRISIS OF THE AUTOTRACTORY-FERD SYSTEM 443

§ 1. Introduction 443
§ 2 Liberalism in Russia. Projects of government reforms M.M. Speransky 445
§ 3 Protective ideology. Political and legal ideas of N. M. Karamzin 457
§ 4 Revolutionary ideology. Political and legal ideas of the Decembrists 462
§ 5 Political and legal ideology in Russia in the 30-50s. XIX century 469
§ 6 Conclusion 477

Chapter 20. BOURGEOIS POLITICAL AND LEGAL TEACHINGS IN EUROPE IN THE SECOND HALF OF THE 19TH CENTURY. 480

§ 1. Introduction 480
§ 2 Legal positivism 482
§ 3 Sociological concepts of state and law 488
§ 4 Political and legal ideology of liberalism in Russia 503
§ 5 Conclusion 520

Chapter 21. SOCIALIST POLITICAL AND LEGAL IDEOLOGY IN THE SECOND HALF OF THE 19TH CENTURY. 522

§ 1. Introduction 522
§ 2 Political and legal doctrine of Marxism 523
§ 3 Political and legal doctrine and program of social democracy 530
§ 4 Political and legal ideology of anarchism 536
§ 5 Political and legal ideology of “Russian socialism” (populism) 549
§ 6 Conclusion 566

Chapter 22. POLITICAL AND LEGAL TEACHINGS IN EUROPE AT THE BEGINNING OF THE XX CENTURY. 568

§ 1. Introduction 568
§ 2 Socialist political and legal doctrines 569
§ 3 Political and legal doctrine of solidarism 589
§ 4 Neo-Kantian concepts of law. R. Stammler 596
§ 5 Psychological theory of law 600
§ 6 School of “free law” 605
§ 7 Conclusion 609

Chapter 23. MODERN POLITICAL AND LEGAL TEACHINGS IN WESTERN EUROPE AND THE USA 611

§ 1. Introduction 611
§ 2 Neoliberalism and conservatism 613
§ 3 Concepts of pluralistic democracy 619
§ 4 Concepts of the welfare state and welfare policy 625
§ 5 The theory of “democratic socialism” 630
§ 6 Modern Western political science 636
§ 7 Sociological jurisprudence 650
§ 8 Normativism of G. Kelsen 654
§ 9 Theories of natural law 659

CONCLUSION 665

Chapter 1. SUBJECT OF THE HISTORY OF POLITICAL AND LEGAL TEACHINGS

§ 1 History of political and legal doctrines as an academic discipline

The history of political and legal doctrines is one of the historical and theoretical disciplines. The task of this discipline is to use specific historical material to show the patterns of development of political and legal ideology, to acquaint the student with the content and history of the most significant and influential theoretical concepts of state and law of past eras. Each major era of estate and class society had its own theory of state and law, often several theories. The study of these theories and their connection with modern problems of law and state is as important for the training of highly qualified jurists as for philosophers the study of the history of philosophy, for economists - the history of economic doctrines, for art critics - the history of aesthetics, etc.

The study of the history of political and legal doctrines was already an integral part of higher legal education in the last century. At university law faculties, this discipline was first called “History of Political Doctrines” (a general course under this name was prepared and published by Moscow University professor B.N. Chicherin), then “History of the Philosophy of Law” (lecture courses in Moscow by Professor G.F. .Shershenevich, in St. Petersburg, professor N.M. Korkunov). After 1917, this discipline was called differently: “History of political doctrines”, “History of doctrines of state and law”, “History of political and legal doctrines”.

The objective of the training course is to form theoretical thinking and historical consciousness of a law student, to develop the ability to compare and independently evaluate the political and legal doctrines of our time. The study of the history of political and legal doctrines is relevant for the reason that a number of problems related to the state, law, and politics were repeatedly discussed in previous eras, as a result of which systems of arguments in favor of one or another solution to these problems were developed. Discussions and disputes resolved such topical problems as problems of legal equality or class privileges, human rights, the relationship between the individual and the state, state and law, politics and morality, democracy and technocracy, reform and revolution, etc. Knowledge of various options for solving these problems and the rationale for these decisions is a necessary part of modern political and legal consciousness. Currently, the importance of the history of political and legal doctrines as a school of alternative thinking is sharply increasing, making it possible to compare various theories, directions of political and legal thought, taking into account the centuries-old discussion about these problems. A feature of our time is the emergence of ideological pluralism, the recognition of different variants of thinking in the scientific, professional, and everyday consciousness. The competition of ideological currents, the exchange of arguments and problems make it possible to overcome the narrowness and one-dimensionality of an ideologically deformed consciousness, strictly oriented towards the dominant official worldview.

When presenting political and legal doctrines, concepts and categories are used, many of which are studied by students in the course on the theory of state and law. Political and legal doctrines arose and developed in organic connection with the history of state and law, reflecting contemporary political and legal institutions. Therefore, the history of political and legal doctrines is studied after students have studied the history of state and law. Based on the needs and requests of domestic jurisprudence, the training course is based primarily on materials from the history of Russia and Western European countries. The curriculum and textbook take into account the specifics of higher legal education, the need for the most economical presentation of topics, problems, dates, names.

§ 2 Concept and structure of political and legal doctrines

The subject of the history of political and legal doctrines is theoretically formulated into doctrine (teaching) views on the state, law, and politics.

Over the centuries-old history of state and law, many political and legal doctrines have arisen. The concepts and forms of their presentation created by various thinkers (theoretical treatise, philosophical essay, political pamphlet, draft constitution, etc.) are as diverse as the results of individual creativity are generally diverse. At the same time, all these concepts have something in common: they express the attitude of certain social groups to the state and law (the programmatic, evaluative part of the teaching), are built on an ideological and theoretical basis characteristic of a given era (the methodological core of the teaching), contain solutions to the main problems of the theory of state and law (theoretical content of the doctrine). Therefore, the political and legal doctrine includes three components: 1) a logical-theoretical, philosophical or other (for example, religious) basis; 2) expressed in the form of a conceptual-categorical apparatus, meaningful solutions to questions about the origin of the state and law, the patterns of their development, the form, social purpose and principles of the structure of the state, the basic principles of law, its relationship with the state, the individual, society, etc.; 3) program provisions - assessments of the existing state and law, political goals and objectives.

Logical-theoretical basis political and legal doctrine is connected with other forms of social consciousness, with the worldview of the era. The political teachings of early class and slave societies were based primarily on religious (in the states of the Ancient East) and philosophical (Ancient Greece and Ancient Rome) justifications. The worldview of the Middle Ages was theological.

Rationalism became the method of thinking of the New Age. The inability of pure rationalism to cognize and explain a number of phenomena of social and political development, on the one hand, the study of the social and political structure of society, on the other, prepared the ground for the emergence and development of sociology, political science and other social sciences that study state and law.

Over time, a traditional range of issues has emerged, the solution of which forms the content of political and legal doctrine. These include questions about the origin of the state and law, their connection with society, with the individual, with property relations, problems of forms of the state, its tasks, methods of political activity, the connection between state and law, basic principles and forms (sources) of law, the problem of rights personalities, etc.

The subject of the history of political and legal doctrines includes only doctrines containing solutions to general problems of the theory of state and law. Almost each of the branch legal sciences has its own history (history of the main schools and trends in the theory of criminal law, the history of the concept of a legal entity and other civil law concepts, the history of the science of international law, etc.). The history of political and legal doctrines turns to the views of past thinkers on solutions to problems of branch legal sciences only when these decisions are inextricably linked with the general theoretical concept and are a form of its expression.

The pattern of development of political and legal ideology at its theoretical level is that any doctrine about the state, law, politics is built taking into account the contemporary political and legal reality, which is necessarily reflected in the most seemingly abstract theoretical construction. Just as philosophy, according to Hegel, is an era captured in thought, political-legal doctrine is the state-legal reality of an era expressed in a system of concepts and categories. Each major era of estate and class society had its own political and legal institutions, concepts and methods of their theoretical explanation. Therefore, the focus of attention of theorists of state and law from different historical eras was various political and legal problems associated with the characteristics of state institutions and principles of law of the corresponding historical type and type. Thus, in the slave states of Ancient Greece, the main attention was paid to the structure of the state, the problem of the circle of people allowed to participate in political activities, and state-legal methods of strengthening the dominance of the free over the slaves. This led to increased attention to the theoretical definition and classification of forms of state, the search for the reasons for the transition of one form of government to another, and the desire to determine the best, ideal form of government. In the Middle Ages, the main subject of theoretical and political discussions was the question of the relationship between the state and the church. The focus of attention of the ideologists of the bourgeoisie of the 17th-18th centuries. the problem was not so much the form of government as the form of the political regime, the problem of legality, guarantees of equality before the law, freedom and individual rights. XIX--XX centuries brought to the fore the issue of social guarantees of human rights and freedoms, and from the end of the 19th century. the problem of forms of government and the political regime of the state was significantly supplemented by the study of connections with political parties and other political organizations.

The peculiarities of different historical eras predetermined a different relationship between law and the state in public life, and thereby a different degree of attention that was paid to theoretical issues of the state, politics, and law in the content of political and legal doctrines. The concept of “political-legal doctrine” is based on the close connection between the problems of the state and law, but does not mean reducing law to the level of a superstructure over the state, an appendage to it, a “form of politics”. In the content of a number of political and legal doctrines, it was the problems of law that came first, in relation to which the structure of the state and other political problems were considered secondary. Law occupies a leading position in relation to the state in some religions (Brahmanism, Islam), and therefore legal problems are central to the content of political and legal doctrines built on the ideological basis of the corresponding religion. In the history of political and legal doctrines, there were also many projects, not related to religion, of detailed regulation by the immutable laws of social life, projects that assigned the state a secondary role as the guardian of these laws (Plato’s “Laws”, Morelli’s “Code of Nature”, “Journey to the Land of Ophir... "Shcherbatova and others). Problems of law came to the fore in a new way in the era of the formation of civil society in those political and legal doctrines that substantiated the legal equality of people, their rights and freedoms, assigning the state the role of a guarantor of human rights (Locke, Kant, etc.). At the same time, in history there were many political and legal doctrines that paid more attention to the problems of politics and the state (Machiavelli, Boden, etc.).

Program provisions(assessments of the state and law, goals and objectives of political activity and struggle), inherent in each political and legal doctrine, give it a socially significant character, leave an imprint on the content of its theoretical part and predetermine the choice of the methodological basis of the doctrine itself. The ideological nature of the doctrine is most clearly and clearly expressed in program provisions; through them, political and legal teaching is connected with the practice of political and ideological struggle. The programmatic part of the teaching directly expresses the interests and ideals of certain classes, estates, and other social groups, their attitude to the state and law

Of the three components of the political-legal doctrine, it is the program that is the cementing principle that binds its elements together, giving the political-legal doctrine monolithicity, since the formation of political and legal views, judgments, and assessments into an integral system occurs on an ideological basis.

The most extensive part of political and legal doctrines is their theoretical content. It is always associated with a method of justifying a political-legal program, logically constructed in the spirit of the worldview of the era. The connection between the content of a political-legal doctrine and the logical-theoretical basis and with program provisions is often complex and indirect. The solution to a number of problems in the theory of state and law allows for different options within the framework of a single worldview and ideological orientation.

The theoretical content of political and legal doctrines is diverse, and this diversity depends on a number of individual factors: the volume of knowledge of the thinker, ideological influences, peculiarities of his thinking, living conditions, etc. However, in general, the relationship between the content, the logical-theoretical basis and the program the orientation of doctrines still exists. Thus, the idea of a social contract (the contractual origin of the state) in most theories of the 17th-18th centuries. was organically connected with the desire to rationalistically explain the state and law with the help of logical structures based on elementary concepts of private law; in programmatic terms, this idea was directed against theological ideas about the “divine establishment” of the power of feudal monarchs. The very idea of a social contract allowed for a variety of options and interpretations, which, as a rule, were associated with the historical conditions of the theoretical activity of ideologists. Various versions of the idea of a social contract (who, with whom and why entered into an agreement on the creation of society and the state? Did the parties to the agreement transfer all their rights to the state? What is the scope of the rights of the sovereign? Is it possible and under what conditions to terminate the social contract?) reflected the social sympathies and antipathies of the theorists , their attitude to the socio-political contradictions of the country and era was ultimately determined by their orientation towards the corresponding social ideal.

§ 3 Universal and social in the history of political and legal doctrines

It has long been noted that “...the doctrines of right and injustice are constantly disputed both with pen and sword, while the doctrines of lines and figures are not subject to dispute, for the truth about these latter does not affect the interests of people, without colliding with their ambition , nor for their advantage or desires. I have no doubt," wrote Hobbes, "that if the truth that the three angles of a triangle are equal to the two angles of a square were contrary to anyone's right to power or the interests of those who already have power, then , since it would be in the power of those whose interests are affected by this truth, the teaching of geometry would be, if not disputed, then supplanted by the burning of all books on geometry."

Attempts were made to create political and legal doctrines similar to mathematics in their dispassion, attempts that were obviously doomed to failure. In history, many different ideas, theories, concepts, discussions about the state, law, politics arose, but only those that coincided with the interests of any social group were disseminated and included in the history of political and legal doctrines because of the novelty and severity of the statement and solving problems of state, law, politics in connection with the justification of the corresponding social ideal.

Political and legal doctrines, as noted, are most often the result of individual creativity, but those that acquire public significance have certain social functions. The functions of political and legal doctrines include ideological self-determination (self-awareness) of any social group on problems of law, state, politics, as well as influence on mass political and legal consciousness, on state policy and the development of law

The self-awareness of a class (social group) has different levels and forms of expression. At the theoretical level, such forms are teachings and doctrines, which are primarily the results of creativity and the property of the intelligentsia. At the everyday, mass level, individual ideas, assessments of law and the state, calls for their change or conservation, political and legal requirements and slogans. Both levels of self-awareness and the forms of their expression are closely related - the programmatic part of the doctrine includes assessments of the state and law and the requirements for them contained in the public consciousness, and ordinary consciousness seeks and finds confirmation of its ideals in the theoretical part of the doctrines

The class character of political and legal doctrines is often hidden and is not always obvious. Ideology is called ideology because it is focused on some ideal, not always achievable, but always attractive to society or a significant part of it. The overwhelming majority of political thinkers substantiated their doctrines, in accordance with the circumstances and spirit of their era, with references to “historical necessity,” “justice,” “the will of the people,” “the common good,” “the interests of the fatherland,” etc. Many of these references were sincere to the extent that the ideologist was convinced of the truth and validity of his doctrine, of the beneficence of the results of its implementation. But there were many unscrupulous appeals to the “national will” and the “common good.” Thus, during the crisis of the Roman Republic, the struggle for power among ambitious people, their parties and groups (1st century BC), according to the eyewitness and historian of events Sallust, “Everyone who brought the state into disarray acted under an honest pretext; some supposedly protected the rights of the people, others raised the importance of the Senate as high as possible ~ and everyone, shouting about the common good, fought only for their own influence.”

Most of all, the programmatic part of the political and legal doctrine is connected with the ideals of socio-political groups and with the specific historical situation. The methodological basis of the doctrine and its theoretical content are higher layers of social ideology, not in all parts they are predetermined by social interests, and are more or less independent in relation to them .

Along with class interests, universal human values often found expression in political and legal doctrines. In the most general form, these are the ideas of justice, the common good, freedom and other elementary moral norms. In a number of political and legal doctrines that expressed the interests of a privileged minority, these ideas were grossly deformed, terminologically included in systems of views aimed at justifying and strengthening a cruel and unfair socio-political reality for the majority of the people. The possibility of such deformation depended on abstractness, excessive generality of concepts and norms that could be filled with arbitrary content. To determine whether a political-legal doctrine is really talking about universal human values or whether it only formally uses the corresponding terminology, it is necessary to specify these concepts and norms in relation to the specifics of law and the state.

Universal human values are expressed in those doctrines of law that contain the ideas of equality of people before the law, human rights and freedoms, quite specifically reveal the content of these rights and freedoms and justify the need for their guarantees. Closely connected with these ideas is the idea of the need to submit to the law not only of individuals, but also of the state itself

The embodiment of universal human values in the teachings of the state is most associated with the problem overcoming political alienation.

Political alienation is understood as the transformation of the state, which arose as a result of human activity, into something independent of society, alien to society and dominating it. Political alienation has various forms and degrees, up to the transformation of the relative independence of the state (under certain conditions of society) into absolute independence.

The problem of political alienation as such was theoretically posed in the works of Rousseau, Hegel and other thinkers. But the desire to practically overcome political alienation was characteristic of a number of advanced political thinkers even in the early stages of history.

This desire took different forms and degrees of expression. In its most consistent form, the protest against political alienation is expressed by the idea of the withering away of the state, the disappearance of the need for political power, and the replacement of the management of people by the management of things and production processes. The idea of a society without power and subordination has been expressed more than once at all stages of the history of political and legal teachings. It was contained in ancient myths and tales, in the works of philosophers, in the ideology of a number of religious movements, in the works of some socialists. Its peculiar modifications are anarchism, anarcho-syndicalism and the idea of the “withering away of the state”, characteristic of Marxism and some other theories.

Democratic theories of subordination of the state to the people are much more widespread. These theories substantiate various forms of self-government, direct and representative democracy, election and responsibility of officials, and the widespread exercise of individual rights and freedoms. The main requirement of democratic theories is the subordination of state power to society, the development and implementation of policies directly by the people and through officials dependent on the people. Democratic theories date back to the ancient world; They received special development in New and Contemporary times.

Along with democratic theories and often in combination with them, the ideas of subordinating the state to law developed. The essence of these ideas was that people should not be governed by the state, but by an equal law for all. Political alienation in such theories was only partially overcome, since the state remained a force external to society, although subordinate to the law. In the process of developing ideas of subordinating the state to law, liberal theories arose that raised the problem of human rights independent of state power, and also developed a system of guarantees that protect these rights and society as a whole from arbitrary actions of the state.

The idea of a social order based more on the law than on the orders of officials and decisions of government bodies also arose in the Ancient world. Problems of human rights and the rule of law became widespread and acquired a qualitatively new content during the period of bourgeois revolutions, which marked the beginning of the replacement of the class system with a civil society based on the legal equality of people.

§ 4 Contents of the history of political and legal doctrines

The history of political and legal doctrines is a process of development of the corresponding form of social consciousness, subject to certain laws.

The connection between political and legal teachings of different eras is due to the influence of the stock of theoretical ideas created by the ideologists of previous eras on the subsequent development of political and legal ideology. Such a connection (continuity) is especially noticeable in those eras and periods of history in which philosophy and other forms of consciousness of previous eras are reproduced and political and legal problems are solved, somewhat similar to those that were solved in previous times. Thus, in Western Europe, the decomposition of feudalism, the struggle with the Catholic Church and feudal monarchies caused widespread reproduction in the political and legal treatises of the ideologists of the bourgeoisie of the 16th-17th centuries. ideas and methodology of ancient authors who did not know Christianity and substantiated the republican system. In the struggle against the Catholic Church and feudal inequality, the ideas of primitive Christianity with its democratic organization were used; During periods of revolutionary events, the democratic ideas of ancient authors and the republican virtues of political figures of Ancient Greece and Ancient Rome were recalled.

A number of historians have attached decisive importance to such influences and tried to present the entire or almost entire history of political thought as an alternation, a circulation of the same ideas and their various combinations (“filiation of ideas”). This approach exaggerates the possibility of purely ideological influences, which in themselves are unable to give rise to a new ideology if there are no social interests that create the basis for the perception of ideas and their dissemination. It is also important that similar historical conditions can and do give rise to similar and even identical ideas and theories without obligatory ideological connections and influences. It is not accidental that any ideologist chooses a political-legal doctrine if it is taken as a model, since each country and each era has several significant political-legal theories, and the choice of one of them (or the ideas of several theories) is again determined ultimately social and class reasons. Finally, influence and reproduction are far from the same thing: a doctrine formed under the influence of other doctrines is somehow different from them (otherwise it is the same doctrine that is simply reproduced); a new theory agrees with some ideas, rejects others, and makes changes to the existing stock of ideas. In new historical conditions, previous ideas and terms may acquire completely different content and interpretation. Thus, the term “natural law” arose in the Ancient world; this term, for example, was used by the sophists in slaveholding Greece in the 5th century. BC. In the 17th century the theory of natural law arose, expressing the interests of the bourgeoisie and the people who fought against the feudal system. Despite the similarity of terminology, the essence of the doctrines is opposite for the reason that if the theorists of natural law of the 17th-18th centuries. demanded that positive law (i.e., the laws of the state) correspond to natural law (people are equal by nature, etc.), then most of the sophists did not have this requirement.

The history of political and legal doctrines is not an alternation of ideas, their reproduction in various combinations and combinations, but a reflection in the terms and concepts of the developing theory of law and state of changing historical conditions, interests and ideals of various classes and social groups.

However, attempts to present the content of the history of political and legal doctrines as a reflection of class contradictions and struggles did not lead to the creation of a coherent picture of the development of the corresponding doctrines from antiquity to the present day, for the very reason that the interests of the various classes that have existed in history are extremely diverse and incomparable. The attempt to divide the history of political and legal doctrines into two parts, into the pre-Marxist and Marxist periods, of which the first was considered only as the threshold of the second, contained only individual “guesses” about the state and law, while the second was considered a period of development solely turned out to be unsuccessful. scientific doctrine of state and law. In addition to the ideological deformations of the course, this view gave rise to a controversial idea of the history of political and legal doctrines as a process of accumulation, development, cumulation of knowledge about politics, state and law.

At all stages of development, the history of political and legal doctrines is truly connected with the progress of the theory of state and law and the doctrine of politics. Progress in the development of political and legal theory in general is the formulation of any important social problem, even if associated with an incorrect solution, or the overcoming of an old worldview that is deadening the theoretical search, even if it is replaced by a worldview based on an erroneous methodology.

If you try to imagine the history of political and legal doctrines as a “cumulative process of accumulation and transmission of knowledge,” then you cannot understand what place in such history belongs to illusory, utopian doctrines and theories that have dominated the minds of millions of people for entire eras. For example, dominant in the XVII-XVIII centuries. the idea of a social contract on the creation of society and the state in the complex of modern theoretical knowledge deserves mention only in connection with a critical review of various outdated ideas about the origin of the state. But during the period of the struggle against feudalism, the idea of a social contract as a way of expressing the involvement of man and people in power opposed the idea of the divinely ordained power of feudal monarchs. Both of these ideas are far from science, but on the basis of each of them, interpreted as the main methodological principle, extensive theoretical concepts were built that claim to explain the past, interpret the present and foresee the future destinies of the state and law. The explanation turned out to be far-fetched, the interpretation was erroneous, the prediction was false. But this does not mean that in the history of political and legal thought the replacement of theological worldview with a rationalist one was not progressive at all.

The history of political and legal doctrines is not a process of gradual knowledge of the state and law, accumulation and summation of knowledge, but a struggle of worldviews, each of which seeks to find support in public opinion, influence political practice and the development of law, and refute similar attempts of opposing ideology.

Political-legal ideology, like any ideology, is defined not in terms of epistemology (true - untrue), but sociology (self-awareness of social groups and classes). Therefore, the criterion applied to political and legal doctrines is not truth, but the ability to express the interests of a particular social group. The idea of the history of political and legal doctrines as the history of knowledge, based on an analogy with the history of natural sciences, is not confirmed in the real history of political and legal ideology

The development of this ideology leads to an increase in knowledge about the state and law, but political and legal theory was and remains an empirical, classification, descriptive science, the predictive function of which is very doubtful. The debate about politics - whether it is science or art - has been going on for a long time.

Those political and legal doctrines and ideas that are based on a generalization and theoretical understanding of the experience of the development of state and legal institutions in advanced countries have a significant influence on practice. The theory of separation of powers, which expressed the practice of state development in England in the 17th century, had a tremendous influence on the constitutions of the USA, France and other countries. The doctrine of human and civil rights, which generalized the practice of the revolutionary transition from the class system to civil society, was embodied in international covenants and legislation almost of all states of the 20th century. With the help of political and legal doctrines, the political experience of advanced countries becomes the property of other countries, which perceive this experience in a theoretically generalized form.

However, many political and legal doctrines remained only the property of the minds of their sometimes numerous adherents, but were not introduced into practice (anarchism, anarcho-communism, syndicalism, etc.), while some underwent significant deformations in the process of implementation (for example, Rousseau’s theory of popular sovereignty) or gave side results that no one foresaw or desired (for example, the theories of state socialism) From attractive ideals, theoretically constructed in isolation from historical reality, disastrous consequences flowed for countries and peoples if they tried to rebuild society, state and law with the help of power and coercion. Back at the beginning of the 16th century. the great humanist Erasmus of Rotterdam, referring to the experience of history, rightly noted: “Nothing has ever been more disastrous for the state than rulers who dabbled in philosophy or the sciences.” At the current level of development of social sciences, not a single political and legal doctrine can lay claim to scientific prediction of the long-term results of the transformation of state and legal institutions of any country on the basis of this doctrine.

When developing political and legal doctrines, the main stimulus for theoretical activity was not only curiosity, the desire to comprehend the reasons for the existence and prospects for the development of the state and law, but also a passionate, emotionally charged desire to refute the opposing political and legal ideology, to present the state and law as one wants to see them or to portray an ideologist, the desire to transform or protect the state and law that are under attack, to influence the mass and state political and legal consciousness of society. The main reason for the multiplicity, diversity and complexity of political and legal teachings is the desire of each of the ideologists to defend the ideals of their class or their group and refute ideology of an opposing class or group.

The real connection of times in the history of political and legal doctrines is most of all based on the increasing importance in political and legal doctrines of humanistic principles. In the ideological struggle that determines the development of political and legal thought, in all historical eras there have existed and exist two opposite directions, one strives to overcome political alienation, the other trying to perpetuate him.

The political and legal ideology of predominantly advanced, progressive classes and social groups is characterized by the idea of subordinating the state to the people, demanding the provision of human rights, protecting the individual and society from arbitrariness and lawlessness, and subordinating state power to the law.

The ideas and theories that justify political alienation were and remain those that seek to justify the insignificance of the individual and the people before the state, the unlimited nature of state power, the optionality of elementary moral standards for it, and try to idealize an authoritarian, despotic, totalitarian state. The justification of political alienation is associated not only with those doctrines that deny human rights, but also with those that see in law only an “order of power.”

Chapter 2. POLITICAL AND LEGAL TEACHINGS IN THE STATES OF THE ANCIENT EAST

§ 1. Introduction

The most ancient political and legal doctrines arose in Egypt, India, Palestine, China and other countries of the ancient East.

In the civilizations of the Ancient East, the earliest type of society emerged, which replaced the primitive one. Economically, it is characterized by the dominance of a patriarchal subsistence economy, the stability of state forms of land ownership and communal land ownership, and the extremely slow development of individual private property. Modern researchers classify ancient Eastern societies as so-called local (or river) civilizations of the agricultural type.

The bulk of the population in the states of the Ancient East were peasants, united in rural communities. Slavery, despite being quite widespread in some countries (for example, Egypt, India), did not play a decisive role in production. A privileged position in society was occupied by persons belonging to the apparatus of state power, the court and property nobility. The content of the political ideology of the Ancient East was affected primarily by the traditionalism of communal life, the immaturity of classes and class consciousness. Patriarchal rural communities limited human initiative, keeping him within the framework of age-old customs. The political thought of the Ancient East developed for a long time on the basis of a religious-mythological worldview inherited from the tribal system.

The dominant place in the political consciousness of early class societies was occupied by myths about the divine, supernatural origin of social orders. Closely connected with these myths were the traditions of deification of the existing government and its instructions.

Kings, priests, judges and other representatives of power were considered descendants or viceroys of the gods and were endowed with sacred traits.

Political views were closely intertwined with general worldviews (philosophical), moral and other ideas. The most ancient legal prohibitions, for example, were simultaneously universal ideological principles (laws of the whole world), religious commandments and moral precepts. This kind of views can be traced in the laws of King Hammurabi, in the legal regulations of the Talmud, and in Indian religious books. In the states of the Ancient East, political and legal doctrines had not yet separated from myths and had not yet formed into a relatively independent sphere of public consciousness.

The incomplete nature of this process was manifested in the following.

Firstly, the political and legal teachings of the Ancient East remained purely applied. Their main content consisted of issues related to the art ("craft") of management, the mechanism of exercising power and justice. In other words, political doctrines developed not so much theoretical generalizations as specific problems of technology and methods of exercising power.

State power, in the overwhelming majority of teachings, was identified with the power of the king or emperor. The reason for this was the tendency, characteristic of the Ancient East, to strengthen the power of individual rulers and the formation of such a form of government of society as oriental despotism. The Supreme Ruler was considered the personification of the state, the focus of all state life. “The sovereign and his power are the main elements of the state,” says the Indian treatise “Arthashastra”.

Secondly, the political teachings of the Ancient East were not separated from morality and represented ethical and political doctrines. An increased interest in moral problems is generally characteristic of the ideology of the emerging classes. This is a general pattern throughout the history of political thought, and it manifested itself most clearly at the stage of formation of early class societies.

Transformations in society and the state in many ancient Eastern teachings were associated with changes in the moral character of people. The art of governance itself sometimes came down to the moral improvement of the sovereign, to managing by the power of personal example. “If the ruler asserts his perfection,” said the Chinese book “Shu Jing,” then in all his numerous people there will be no communities of evildoers.” Many social protests took place under slogans of moral content and were directed against specific holders or usurpers of power. The popular masses advocated mainly for the restoration of justice and the redistribution of wealth, but did not question the economic and political foundations of society.

Thirdly, it is characteristic of the political and legal teachings of the Ancient East that they not only preserved, but also developed religious and mythological views. The predominance of practical, applied and moral topics in political teachings led to the fact that the most general questions abstracted from direct practice (for example, the origin of the state and law, their historical development) remained unsolved or were resolved with the help of those views that were provided by religious and mythological consciousness.

The socio-political theories of the Ancient East, in a word, were complex ideological formations consisting of religious dogmas, moral ideas and applied knowledge about politics and law. The ratio of these elements in different teachings was different.

Extended religious teachings were created by ideologists of the ruling classes (the cult of the pharaoh in Egypt, the ideology of Brahmanism in India, etc.). These teachings sanctified social inequality, the privileges of the nobility, and the power of the exploitative elite. The foundations of society were declared to be divine institutions, and any attempt to encroach on them was considered as a challenge to the gods. The masses sought to instill reverent fear of the divine power of the sovereign, to instill humility and obedience.

The dominant ideology was opposed by the political views of the oppressed. They criticized official religious dogmas, looked for new forms of faith (for example, early Buddhism), opposed oppression and tyranny, and put forward demands in defense of justice. Their ideas had a significant influence on the development of political theory. The ruling circles have always been forced to take into account the demands of the exploited majority in their ideology. Some ideas of the social lower classes, such as, say, the call of the biblical prophet Isaiah to beat swords into plowshares, are still used in political ideology to this day.

Due to economic backwardness, wars of conquest and other reasons, many states of the Ancient East lost their independence or died. The political doctrines that emerged in them, as a rule, did not receive further development. Consistent continuity in the history of political and legal thought was preserved only in India and China.

§ 2 Political and legal ideology of Ancient India

The leading trends in the political and legal ideology of Ancient India were Brahmanism and Buddhism. They arose in the middle of the 1st millennium BC, when the formation of classes began among the Aryan tribes that conquered India. Both directions had their roots in the religious-mythological worldview set forth in the Vedas - the ancient ritual books of the Aryans. Ideological differences between Brahmanism and Buddhism occurred on the basis of the interpretation of myths and rules of behavior that were sanctified by religion. The most acute disagreements between them were related to the interpretation of the rules for varnas - clan groups that laid the foundation for the caste organization of Indian society

The ancient Indians had four varnas - the varna of priests (brahmanas), the varna of warriors (kshatriyas), the varna of farmers, artisans and traders (vaishyas) and the lowest varna (sudras). According to Vedic legend, varnas originated from the body of the cosmic giant Purusha, from whose mouth a brahmana was born, a kshatriya was born from the hands, a vaishya was born from the thighs, and a sudra was born from the feet. Members of the first three varnas were considered full members of the community. They had Shudras under their control

Based on religious and mythological ideas, the Brahmins created a new ideology - Brahmanism. It was aimed at establishing the supremacy of the clan nobility in the emerging states. The socio-political ideas of various schools of Brahmanism are reflected in numerous legal and political treatises. The most authoritative among them was the treatise "Manavadharmashastra" ("Instructions of Manu on Dharma" - compiled in the period of the 2nd century BC - 2nd century AD). The treatise was translated into Russian under the title “Laws of Manu”.

Similar documents

The history of the emergence and development of theoretical knowledge about the state, law, politics and legislation, the history of political and legal theories. The main problems of the history of political and legal doctrines. Methodology of the history of political and legal doctrines.

presentation, added 10/05/2014

History of political and legal doctrines as an academic discipline. Directions of political thought during the formation of the Moscow kingdom. State and law in the documents of the “Conspiracy for Equality.” Political and legal ideology of liberalism in Russia.

tutorial, added 05/24/2009

The subject of the history of political doctrines is issues of state, power, politics, law. Basic principles of liberalism. Humanities are disciplines that study man in the sphere of his spiritual, mental, moral, cultural and social activities.

abstract, added 01/14/2011

Trends in political development. Methodological approaches to studying the history of political theories. The emergence and development of political ideas in Russia. Problems of national policy. Ways to increase the political activity of citizens of Russian society.

test, added 11/16/2008

The main stages in the development of political and legal thought in Ancient Greece. Formation of a philosophical approach to problems of state and law. Features of the teachings of Democritus, Sophists, Socrates, Plato, Aristotle. Political and legal doctrines during the Hellenistic period.

course work, added 03/22/2014

Dialectics and factors in the evolution of anarchism. The activities of the scientist and publicist, newspaper publisher and deputy of the National Assembly Pierre Joseph Proudhon. The key figure in the history of anarchist thought and the anarchist movement is Mikhail Aleksandrovich Bakunin.

abstract, added 05/23/2014

Political and legal thought of Ancient India: Brahmanism and Buddhism, their ideology and written monuments. The divine primary source of the existing social and political-legal orders as the main idea and theme of ancient myths, the process of their rationalization.

abstract, added 03/31/2009

A study of the views and theories of great thinkers of the past and their comparison with modern political theories and problems. The place of Russian political life in the general system of political knowledge. The essence and content of basic political ideologies.

test, added 06/28/2010

The party as a public association. History of the development of a multi-party system in Russia. Consolidating multi-party system, freedom of association and ideological pluralism in international legal acts. The procedure for registering political parties, their classification.

course work, added 11/10/2013

Assessment of the role and significance of Akhmad Tsalikov in the state and legal policy of our entire multinational structure. Reasons and directions for popularizing his political and legal ideas as part of the legal culture of Ossetia. Translation of ideas in modern conditions.

Exam questions

on "History of political and legal doctrines"

Kazan State University named after. V. I. Lenina

Faculty of Law

3rd year

Full-time

1. The subject of the history of political doctrines. Patterns of emergence and development of political and legal doctrines.

2. Subject and methodology of the history of political doctrines. Periodization of the history of political doctrines.

3. Political and legal doctrines in Ancient India.

4. Political and legal teachings in Ancient China.

5. Political and legal doctrines in ancient Greece 9-6 centuries. BC.

6. Political and legal doctrines in Ancient Greece 5-4 centuries. BC.

a. Political and legal doctrines in Ancient Greece 4-2 centuries. BC.

7. Political and legal doctrines in Ancient Rome 8-1 centuries. BC.

8. Political and legal doctrines in Ancient Rome 1st centuries. BC-3rd centuries AD

9. Theocratic theories of the 4th-5th centuries. (St. Augustine, John Chrysostom).

10. Medieval theocratic theories.

11. Political and legal doctrine of M. Paduansky.

12. Teachings of medieval jurists.

13. Political and legal doctrines in the West. Europe 16-17 centuries. (N. Machiavelli, J. Bodin).

14. Political and legal ideas of the Reformation.

15. Political and legal ideology of utopian socialism in the West. Europe 16-17 centuries.

16. Political and legal doctrines in Holland (G. Grotius, B. Spinoza).

17. The main directions of political and legal ideology during the English bourgeois revolution of the 17th century.

18. Political and legal teachings of J. Locke.

19. Political and legal doctrines in Germany 17-18 centuries.

20. Political and legal doctrines in Italy 17-18 centuries.

21. Enlightenment direction in the history of political and legal thought of the 18th century.

22. The main directions of political and legal ideology during the period of the Great French bourgeois revolution.

23. The theory of social contract in the history of political and legal thought.

24. Conservative political and legal doctrines of the 18th-19th centuries. (J. de Maistre, E. Berk).

25. Political and legal doctrines in the USA during the struggle for independence.

26. I. Kant’s teaching on state and law.

27. Political and legal doctrine of G.V.F. Hegel.

28. Political and legal doctrines in Russia per. floor. 17th centuries

29. Political and legal doctrines in Russia in the second. floor. 17th centuries and lane floor. 18th centuries

30. Political and legal doctrines in Russia in the second. floor. 18th centuries

31. Historical school of law in Germany at the end of the 18th century.

32. Political theory of Eurasianism.

33. Political and legal doctrine of S. L. Montesquieu.

34. Liberal teachings in the West. Europe in the 19th century.

35. Bourgeois-liberal teachings in Russia in the 19th century.

36. Utopian socialism in the West. Europe in the 19th century.

37. Political and legal ideas of Westerners and Slavophiles.

38. Political program of the nobility (N. M. Karamzin). Projects of government reforms M.M. Speransky.

39. Political and legal teachings of V.I. Lenin.

40. Political and legal doctrines in Russia in the first half. 20th century

41. K. Marx and F. Engels on state and law.

42. Political and legal ideas of socialism in the West. Europe and Russia 19-beginning 20th century (G.V. Plekhanov, K. Kautsky, N.I. Bukharin, I.V. Stalin).

43. Political doctrine of anarchism (Proudhon, Bakunin, Kropotkin).

44. Legal positivism (J. Austin, K. Bergbom).

45. Sociological positivism.

46. Normativist theory of G. Kelsen.

47. The theory of solidarism by L. Duguit.

48. Political and legal doctrine of M. Weber.

49. Theory of elites (G. Mosca, V. Pareto).

50. Theories of political systems.

51. Theories of “revived” natural law.

52. Nationalism and racism in political and legal doctrines of the 20th century.

53. Psychological theories of law.

54. Main directions of Western futurology.

55. The theory of state and popular sovereignty in the history of political and legal thought.

56. The theory of the rule of law in the history of political and legal thought.

57. The theory of separation of powers in the history of political and legal thought.

58. The theory of natural law in the history of political and legal thought.

59. Theory of the welfare state.

60. The theory of the police state.

61. The theory of constitutionalism.

1. Subject of the history of political doctrines. Patterns of emergence and development political and legal doctrines

The history of political and legal doctrines examines, first of all, the dynamics and movement of theoretical thought. She looks for patterns of emergence, development and passing into the past of political and legal ideas, teachings and ideals. After all, every political and legal doctrine is in one way or another based on the idea of the best or the best possible structure for the life of society and the state.

Over the course of the centuries-old history of state and law, many political and legal doctrines have arisen, created by various thinkers, concepts and forms of their presentation are as diverse as the results of individual creativity are generally diverse. Regularity development of political and legal ideology at its theoretical level is that any doctrine about the state, law, politics is built taking into account the contemporary political and legal reality, which is necessarily reflected in the most seemingly abstract theoretical construction. Each major era of estate and class society had its own political and legal institutions, concepts and methods of their theoretical explanation. Therefore, the focus of attention of theorists of state and law from different historical eras was various political and legal problems associated with the characteristics of state institutions and principles of law of the corresponding historical type and type. Thus, in the slave states of Ancient Greece, the main attention was paid to the structure of the state, the problem of the circle of people allowed to participate in political activities, and state-legal methods of strengthening the dominance of the free over the slaves. This led to increased attention to the theoretical definition and classification of forms of state, the search for the reasons for the transition of one form of government to another, and the desire to determine the best, ideal form of government.

In the Middle Ages, the main subject of theoretical and political discussions was the question of the relationship between the state and the church. The focus of attention of the ideologists of the bourgeoisie of the 17th-18th centuries. the problem was not so much the form of government as the form of the political regime, the problem of legality, guarantees of equality before the law, freedom and individual rights. XIX-XX centuries brought to the fore the issue of social guarantees of human rights and freedoms, and from the end of the 19th century. the problem of forms of government and the political regime of the state was significantly supplemented by the study of connections with political parties and other political organizations.

2. Subject and methodology of the history of political doctrines. Periodisa tion of the history of political doctrines

The subject of the history of political teachings is issues of state, power, politics, law and, above all, political and philosophical aspects (theories with the help of which people seek to explain their political behavior; the values that shape their attitude towards it; and the mechanisms (such as law) with the help of which people try to control political behavior.

The subject of the history of political and legal doctrines is theoretically formulated into doctrine (teaching) views on the state, law, and politics. Political and legal doctrine includes three components: 1) logical-theoretical, philosophical or other (for example, religious) basis; 2) expressed in the form of a conceptual-categorical apparatus, meaningful solutions to questions about the origin of the state and law, the patterns of their development, the form, social purpose and principles of the structure of the state, the basic principles of law, its relationship with the state, the individual, society, etc.; 3) program provisions - assessments of the existing state and law, political goals and objectives.

The subject of the history of political and legal doctrines includes only doctrines containing solutions to general problems of the theory of state and law.

In a generalized form, in relation to the discipline, the following main functions of the method can be distinguished:

1) method as a way of constructing a certain political and legal theory (here we are talking, first of all, about the principles and internal logic of the formation of a specific system of theoretical knowledge, the structure and components of this system, the interrelations of these components, etc.);

2) method as a way of interpreting and evaluating previous political and legal doctrines (this aspect reflects the content and nature of the relationships and interrelations between various theories in historically developing political and legal thought) and

3) method as a way and form of expression of a certain type and principle of the relationship between a given political and legal theory and the illuminated reality (here the general ideological content of the method is manifested in the fundamental problems of the relationship between the material and spiritual in political and legal knowledge, theory and practice, etc.)

The first way to study political phenomena was

1)empirical method , which consists of collecting and describing facts and events. The empirical method relies on observational data and experiments. Identified new facts, in turn, prepare the basis for scientific generalization.

2) Cause-and-effect method, or causal (from Latin causa - reason), method. The essence of this method is to identify cause-and-effect relationships between individual phenomena. An important role in its use is played by the creation of a clear conceptual or, as they also say, categorical apparatus of science. The cause-and-effect method, analyzing the essence of phenomena from a qualitative point of view, helps to create a logical hierarchical model of political categories, according to the principle: consequence B follows from phenomenon A, it gives rise to event C, etc. This creates the prerequisites for explaining and predicting political events in the case when they are not directly related to each other, but through a long chain of consequences. The development of the cause-effect method was largely based on the achievements of philosophy and such general methods of scientific knowledge as induction and deduction, analysis and synthesis, analogy, comparison, etc.

3) Method of positive and normative analysis. Positive analysis is aimed at identifying objective patterns and phenomena as they exist, i.e. aims to state a fact. Normative analysis involves value judgments. This is an approach from the point of view of obligation, of finding out whether a given economic phenomenon is favorable or not. Regulatory analysis is very important in the formation of economic policy. At the same time, with a normative approach, the interests of people are especially strongly affected and, consequently, the subjectivity of assessments sharply increases.

4) method of scientific abstraction , which consists in highlighting the most important, significant phenomena and mental abstraction from minor details. This method allows you to dissect the object of study and analyze the main relationships in a “pure” form. The method of scientific abstractions underlies any (including mathematical) modeling of economic processes.

5) methods of dialectical and historical materialism . The main thesis of the materialist approach to history is that consciousness is determined by social existence. The question of whether being is always truly primary in relation to consciousness continues to be debated in political science. Opinions are expressed about the limited possibilities of materialist dialectics.

6) Functional method . It is characterized by the analysis of all categories not in a “vertical” cause-and-effect relationship, as in the causal method, but in their interaction with each other as equivalent.

Periodization of the history of political and legal doctrines.

The history of political and legal doctrines is a process of development of the corresponding form of social consciousness, subject to certain laws.

XVI--XVII centuries ideas and methodology of ancient authors who did not know Christianity and substantiated the republican system. In the struggle against the Catholic Church and feudal inequality, the ideas of primitive Christianity with its democratic organization were used; During periods of revolutionary events, the democratic ideas of ancient authors and the republican virtues of political figures of Ancient Greece and Ancient Rome were recalled.

This approach exaggerates the possibility of purely ideological influences, which in themselves are unable to give rise to a new ideology if there are no social interests that create the basis for the perception of ideas and their dissemination. It is also important that similar historical conditions can and do give rise to similar and even identical ideas and theories without obligatory ideological connections and influences. It is not accidental that any ideologist chooses a political-legal doctrine if it is taken as a model, since each country and each era has several significant political-legal theories, and the choice of one of them (or the ideas of several theories) is again determined ultimately social and class reasons. Finally, influence and reproduction are far from the same thing: a doctrine formed under the influence of other doctrines is somehow different from them (otherwise it is the same doctrine that is simply reproduced); a new theory agrees with some ideas, rejects others, and makes changes to the existing stock of ideas. In new historical conditions, previous ideas and terms may acquire completely different content and interpretation. The history of political and legal doctrines is not an alternation of ideas, their reproduction in various combinations and combinations, but a reflection in the terms and concepts of the developing theory of law and state of changing historical conditions, interests and ideals of various classes and social groups.

Political and legal ideology, like any ideology, is defined in terms not of epistemology (true - untrue), but of sociology (self-awareness of social groups and classes). Therefore, the criterion applied to political and legal doctrines is not truth, but the ability to express the interests of a particular social group. The idea of the history of political and legal doctrines as the history of knowledge, based on an analogy with the history of natural sciences, is not confirmed in the real history of political and legal ideology.

The development of this ideology leads to an increase in knowledge about the state and law, but political and legal theory was and remains an empirical, classification, descriptive science, the predictive function of which is very doubtful. The debate about politics has been going on for a long time: is it science or art?

The main reason for the multiplicity, diversity and complexity of political and legal doctrines is the desire of each ideologist to defend the ideals of his class or his group and to refute the ideology of the opposing class or group.

3. Political and legal doctrines in ancient India

Among the main features of the political thought of Ancient India should be mentioned

1. Its religious, spiritual character.

2. Focus on problems of moral content.

3. The main factor in its development is religion.

4. The influence of mythological ideas about the state and law.

Two religions stood out - Brahmanism and Buddhism. These are two opposing religious concepts. Ideological differences between them occurred on the basis of the interpretation of myths and rules of behavior that were sanctified by religion. The most acute disagreements were related to the interpretation of the rules for varnas - clan groups that laid the foundation for the caste organization of Indian society. There were four varnas in ancient India:

1. Varna of priests (brahmins).

2. Varna of warriors (kshatriyas).

3. Varna of landowners, artisans and traders (vaishyas).

4. Lowest varna (sudras).

Brahmanism.

This religion is aimed at establishing the supremacy of the nobility. The main work is "The Laws of Manu".

Members of all varnas are in principle free, since slaves are outside the varnas. But the varnas themselves and their members are unequal: the first two varnas are dominant, the other two (vaishyas and sudras) are subordinate.

Key points:

1. Polytheism.

2. The law of karma (the doctrine of the transmigration of souls). The soul of a person after his death will wander through the bodies of people of low birth, animals and plants, if he lived sinfully or, if he led a righteous life, will be reborn in a person of higher social status or in a celestial being.

3. The concept of dharma. Dharma is the law, duty, custom, rule of behavior established by the gods for each varna.

4. Justification for varnas: they are created by God.

5. The inequality of people was justified. Class affiliation was determined by birth and was lifelong. The transition to higher varnas was allowed only after death, as a reward for serving the gods, patience and humility.

6. Punishment and coercion as means of enforcing caste regulations. Instilling in the oppressed the idea of the futility of the struggle to improve living conditions.

7. About the state:

a) there are two types of power - spiritual (exercised by brahmanas) and secular (exercised by rulers - kshatriyas).

b) the supremacy of spiritual power over secular power, the subordination of the ruler to the priests (the role of the ruler is belittled).

c) in each state there are seven elements: king, adviser, country, fortress, treasury, army, allies (listed in order of their decreasing importance).

d) occupations of the ruler: war, expansion of territory, protection, maintaining order, punishing criminals.

e) the power of the ruler - on a consultative basis with the brahmans, the orders of the ruler have subordinate significance (since he rules on the basis of the laws established by the gods and does not have the right to change them).

f) the state represents a restraining principle.

g) there are two types of punishment:

1. punishment of the king,

2.punishment after death (transmigration of the soul).

Buddhism.

The founder is Prince Gautama (Buddha). This religion rejected the idea of God as the supreme personality and moral ruler of the world, the primary source of law. Human affairs depend on people's own efforts.

Key ideas:

1. Recognition of the moral and spiritual equality of people.

2. Criticism of the varna system and the principle of their inequality.

3. Life is suffering, and the source of this suffering is life itself. Suffering can be ended in this earthly life. To do this, one must follow the (noble) path (this includes: right view, right determination, right speech, right conduct, right lifestyle, right effort, right direction of thought, right concentration). Constantly following this path will lead a person to nirvana.

4. Dharma is the natural pattern that governs the world, the natural law.

5. Limitation of the role and scope of punishment.

6. There should be no punishment without guilt.

7. In general, inattention to real political and legal phenomena, as a general chain of earthly misfortunes.

8. Buddhism focuses on human problems.

The further history of Indian social thought is connected with the emergence and establishment of Hinduism - a religion that absorbed elements of Brahmanism, Buddhism and a number of other beliefs. Buddhism spreads outside India. In the first centuries A.D. e. Buddhism becomes one of the world religions.

4. Political and legal teachings in ancient China

The heyday of the socio-political thought of Ancient China dates back to the 6th - 3rd centuries. V. BC e. During this period, the country experienced profound economic and political changes caused by the emergence of private ownership of land. The growth of property differentiation within communities led to the rise of the wealthy strata; weakening of patriarchal clan ties; deepening social contradictions.

There is a struggle between the property and hereditary aristocracy. The country is in a protracted political crisis.

In search of a way out of the crisis, various schools and directions are emerging in socio-political thought. The most influential political teachings in ancient China were Confucianism, Taoism, Legalism and Moism.

Confucianism. The founder of the school is Confucius (551 - 479 BC). His views are set out in a book (Conversations and Sayings) compiled by his students. Confucius is traditional and conservative, striving to preserve the existing order. His ideal is the deep antiquity of China, its “golden past,” to which it is necessary to strive.

Main provisions and problems:

1. The problem of the state. He developed a patriarchal-paternalistic concept of the state. The state is a big family. The power of the emperor is similar to the power of a father, and the relationship between rulers and subjects is like family relationships, where the younger ones depend on the elders. Confucius advocated an aristocratic form of government, since the people were excluded from participation in government. Noble men, led by the sovereign, the “son of heaven,” are called upon to govern the state.

2. The problem of ethics. A noble person must be philanthropic, must work, and honor his elders: the ruler and his father. The relationship should be based on the respectful attitude of the son towards the father. Order in the family is the basis of order in the state.

3. The problem of the ideal ruler. A ruler must love people, fulfill his duty - work (political labor), take care of his parents and people. Confucius urged rulers to build their relationships with their subjects on the principles of virtue. Confucius does not approve of violence, he is against riots and struggles for power.

4. Functions of the state: social, moral, protective.

5. Problem: how to feed the people? For this you need:

a) taking care of agriculture;

b) moderation in taxes;

c) modesty of government spending (maintenance of the yard);

d) education of the people;

e) the ruler himself must set an example for the people by his example.

6. The problem of war. Confucius had a negative attitude towards the conquest of the Chinese kingdoms against each other or against other peoples.

7. Legal views of Confucius:

a) The main means of influencing people should be morality.

b) Against the rule of laws. He did not consider the principle of legality to be paramount. He talked about the dangers of the law. A negative attitude towards positive laws - due to their traditional punitive meaning and their connection in practice with cruel punishments.

c) Legislation should play a supporting role.

In the II century. BC e Confucianism was recognized as the official ideology in China and began to play the role of the state religion.

Taoism Founder - Lao Tzu (VI century BC). The main work is ("The Book of Tao and Te").

Key ideas:

1. The concept of "Tao". Tao is the natural course of things, natural law. This is the essence of the world, the primary matter from which everything came and where everything will return. Tao is the endless and unknowable essence of the world. Tao determines the laws of heaven, nature and society. This is the highest virtue and justice. In relation to Tao, everyone is equal.

2. Contrast between culture (civilization) and nature. Tao and civilization are incompatible. The more human culture develops, the more it breaks away from the Tao. All the shortcomings of culture, inequality and poverty of people are the result of deviation from the true Tao.

3. The principle of political art. Government in the state should be simple. The ruler should not interfere with the natural course of things (the principle of abstaining from active actions) - the best ruler is the one about whom the people only know that he exists. A call to refrain from oppressing the people and leave them alone.

4. Attitude to war. Condemnation of all kinds of violence, wars, armies.

5. Condemnation of luxury and wealth.

6. Idea of an ideal ruler:

a) He must be smart.

b) Rule using the method of “inaction,” that is, abstaining from active interference in the affairs of members of society.

c) Understand Tao.

7. Restoration of the orders of antiquity. A return to the natural foundations of life, to patriarchal simplicity.

8. Against the rule of laws.

Mohism . Founder - Mo Tzu (479 - 400 BC). The work is "Mo Tzu". The founder of the radical democratic tradition in the political and legal thought of China. He developed the idea of natural equality of all people and substantiated the contractual concept of the origin of the state.

Basic provisions of the concept:

1. The contractual concept of the origin of the state. In ancient times there was no management and punishment; everyone had their own understanding of justice. Therefore, everything was in a state of chaos. But having understood the cause of the chaos, people chose the most virtuous and wise man, and made him their ruler.

2. The idea of common justice and power for all.

3. The ideal organization of power is a wise ruler at the head and a well-functioning system of executive service. To establish complete unity in the state it is necessary:

a) instilling unanimity;

b) eradication of harmful teachings;

c) encouraging denunciations;

d) maintaining social equality.

4. The filling of government positions based on the principles of origin and kinship was condemned. The wisest people should be nominated for public service, regardless of origin.

5. Harm of laws. The principle of universal equal love was given great importance.

6. The state must take care of the welfare of the people. The people must be well fed. This problem should be solved this way - everyone should do physical labor.

7. The right of the people to rebel against unjust power was recognized.

In general, this teaching occupies an intermediate level between Confucianism and Legalism.

Legalism. The founder of legalism is Shang Yang (390 - 338 BC). His views are set out in a treatise ("The Book of the Ruler of the Shan Region"). Shang Yang was the Minister of Agriculture during the period of territorial fragmentation, and is the initiator of reforms that legalized private ownership of land in the country. Another theorist of legalism is Han Fei (III century BC), creator of the treatise “On the Art of Management.” This doctrine differed significantly from previous concepts. The legalists abandoned traditional moral interpretations of politics and developed a doctrine of the technique of exercising power. In general, the whole concept is permeated with:

a) hostility towards people;

b) the confidence that through violent measures people can be subordinated to the desired order.

Key points:

1. Impossibility of returning to antiquity.

2. The principle of statism: the interests of the state are above all.

3. The main purpose of the state is to resist the evil inclination (nature) of man. Man is the source of social evil.

4. The concept of an ideal state includes:

a) strong supreme power;

b) an army armed at the highest level;

c) centralization of the state;

d) limiting the arbitrariness of officials and local rulers;

d) uniform order and laws.

5. The role of laws. Laws must be uniform and equal for everyone. People should be equal before the law. Law is punishment. The main method of public administration is the method of punishment and rewards. There should be few rewards, but many punishments. The criminal law in the state must be very cruel: widespread use of objective imputation and the death penalty (mainly, it is necessary to use painful types of death penalty).

6. Condemnation of mercy and humanism.

7. The relationship between the government and the people was considered as a confrontation between warring parties.

8. Encouragement of agriculture, and in general - hard work and frugality, condemnation of idleness and secondary activities, such as art and trade.

9. In a model state, the power of the ruler is based on force, the highest goal of the sovereign’s activity is the creation of a powerful power capable of uniting China through wars of conquest.

10. The image of an ideal ruler. An ideal ruler should:

a) instill fear in your people;

b) be mysterious;

c) control officials and not trust anyone;

d) make political decisions based on the fact that no one can be trusted.

The significance of the legalists' concept: many of their principles were put into practice. The positive aspect of this is the formation of a strong centralized state in China, the negative aspect is the establishment of despotic rule in the country. In the II - I centuries. BC e Confucianism, supplemented by the ideas of legalism, is established as the state religion of China. The Mohist school is dying out. Taoism is intertwined with Buddhism, and its influence on political ideology is gradually decreasing.

5. Political and legal doctrines in ancient Greece 9-6 centuries. BC

The early period (9-6 centuries BC) is associated with the emergence of ancient Greek statehood. During this period, there was a noticeable rationalization of political and legal ideas (in the works of Homer, Hesiod and especially the famous “seven wise men” Thales, Pittacus, Periander, Bias, Solon, Cleobulus and Chilo) and a philosophical approach to the problems of state and law was formed (Pythagoras and Pythagoreans, Heraclitus).

At an early stage of their development, the views of ancient peoples on the world were mythological in nature. At these times, political and legal views had not yet emerged as an independent area and represented an integral part of an integral mythological worldview. The myth is dominated by the idea of the divine origin of existing relations of power and order. Law and law have not yet emerged as a special sphere of norms and exist as an aspect of the religiously approved order of private, public and state life. In the laws of this time, mythological, religious, moral, socio-political aspects are closely intertwined, and legislation as a whole is traced back to a divine source. Laws are attributed either directly to the gods or to their proteges - the rulers.

Political and legal doctrines appear only during the rather long existence of early class societies and states. Ancient myths lose their sacred character and begin to be subject to ethical, political and legal interpretation. This is especially evident in the poems of Homer and Hesiod. According to their interpretation, the struggle of the gods for power over the world and the change of the supreme gods (Uranus - Cronus - Zeus) was accompanied by a change in the principles of their rule and dominion, which was manifested not only in the relationships between the gods but also in their relationships with people, in all order, forms and the rules of earthly social life.

Attempts to rationalize ideas about the ethical, moral and legal order in human affairs and relationships, characteristic of the poems of Homer and Hesiod, are further developed in the works of the seven sages of Ancient Greece. These usually included Thales, Pittacus, Periander, Biant, Solon, Cleobulus and Chilo. In their short sayings (gnomes), these sages formulated ethical and political maxims, Maksimir practical wisdom, which were already quite rational and secular in spirit. The sages persistently emphasized the fundamental importance of the dominance of fair laws in city life. Many of them were themselves active participants in political events, rulers or legislators and made a lot of efforts for the practical implementation of their political and legal ideals. Compliance with the laws, in their opinion, is an essential distinguishing feature of a well-maintained policy. Thus, Biant considered the best state structure to be one where citizens fear the law to the same extent as they would fear a tyrant.

The idea of the need to transform social and political-legal orders on a philosophical basis was advocated by Pythagoras, the Pythagoreans (Archytas, Lysis, Philolaus, etc.) and Heraclitus. Criticizing democracy, they substantiated the aristocratic ideals of rule by the “best” - the intellectual and moral elite.

The decisive role in the entire worldview of the Pythagoreans was played by their doctrine of numbers. Number, according to their ideas, is the beginning and essence of the world. Based on this, they tried to identify digital (mathematical) characteristics inherent in moral and political-legal phenomena. When covering the problems of law and justice, the Pythagoreans were the first to begin the theoretical development of the concept of “equality,” which is so essential for understanding the role of law as an equal measure in regulating social relations.

Justice, according to the Pythagoreans, consists of rewarding equal for equal. The ideal of the Pythagoreans is a polis in which fair laws prevail. They considered obedience to the law to be a high virtue, and the laws themselves to be of great value.

The Pythagoreans considered anarchy to be the worst evil. Criticizing it, they noted that man by nature cannot do without guidance, superiors and proper education.

Pythagorean ideas that human relations could be cleansed of strife and anarchy and brought into proper order and harmony subsequently inspired many adherents of the ideal order of human life.

The author of one of these ideal models of the polis was Thaleus of Chalcedon, who argued that all kinds of internal unrest arise from issues relating to property. To achieve a perfect structure of polis life, it is necessary to equalize the land ownership of all citizens.

Heraclitus held an opinion opposite to the Pythagorean one. The world was formed not through fusion, but through division, not through harmony, but through struggle. Thinking, according to Heraclitus, is inherent in everyone, however, most people do not understand the all-governing mind that must be followed. Based on this, he divides people into wise and foolish, better and worse.

He justifies socio-political inequality as an inevitable, legitimate and fair result of the general struggle. Criticizing democracy, where the crowd rules and there is no place for the best, Heraclitus advocated the rule of the best. In his opinion, for the formation and adoption of a law, universal approval at a people’s assembly is not at all necessary: the main thing in a law is its compliance with the universal voice (all-controlling reason), the understanding of which is more accessible to one (the best) than to many.

Fundamentally common to the approaches of Pythagoras and Heraclitus, which had a noticeable influence on subsequent thinkers, is their choice of an intellectual (spiritual, not natural) criterion for determining what is “best,” “noble,” “good,” etc. (all these are symbols of an “aristocrat”). Thanks to this transition from the aristocracy of blood to the aristocracy of spirit, it itself was transformed from a closed caste into an open class, access to which was made dependent on the personal merits and efforts of each.

6. in Ancient Greece 5-4 centuries. BC

The second period (5th-first half of the 4th century BC) is the heyday of ancient Greek philosophical and political-legal thought, which found its expression in the teachings of Democritus, the Sophists, Socrates, Plato and Aristotle.

The development of political and legal thought in the 5th century was greatly facilitated by the deepening of philosophical and social analysis of the problems of society, state, politics and law.

Democritus contains one of the first attempts to consider the emergence and formation of man, the human race and society as part of the natural process of world development. During this process, people gradually, under the influence of need, imitating nature and animals and relying on their own experience, acquired all their basic knowledge and skills necessary for social life.

Thus, human society appears only after a long evolution as the result of a progressive change in the original state of nature. In this sense, society, the polis, and legislation are created artificially, and not given by nature. However, their very origin is a naturally necessary and not a random process.

In the state, according to Democritus, the common good and justice are represented. The interests of the state are paramount, and the concerns of citizens should be directed towards its better structure and management. To preserve state unity, the unity of citizens, their mutual assistance, mutual defense and brotherhood is required.

Laws, according to Democritus, are designed to ensure a comfortable life for people in the polis, but in order to really achieve these results, appropriate efforts are necessary on the part of the people themselves, their obedience to the law. Laws, accordingly, are needed for ordinary people in order to curb their inherent envy, discord, and mutual harm. From this point of view, a wise person does not need such laws.

In the context of the strengthening and flourishing of ancient democracy, the political and legal topic was widely discussed and associated with the names of the sophists. The sophists were paid teachers of wisdom, including in matters of state and law. Many of them were outstanding educators of their era, deep and bold innovators in the fields of philosophy, logic, epistemology, rhetoric, ethics, politics and law.

The Sophists did not form a single school and developed various philosophical, political and legal views. There were two generations of sophists: older (Protagoras, Gorgias, Prodicus, Hippias, etc.) and younger (Thrasymachus, Callicles, Lycophron, etc.). Many of the older sophists adhered to generally democratic views. Among the younger sophists, along with supporters of democracy, there are adherents of other forms of government (aristocracy, tyranny).

Socrates was the principle critic of the Sophists. Already during his lifetime he was recognized as the wisest of all people. Arguing with the sophists, he at the same time accepted a number of their ideas and in his own way developed the educational work they began.

Socrates began searching for a rational, logical and conceptual justification for the objective nature of ethical assessments, the moral nature of the state and law. Socrates raised the discussion of moral and political issues to the level of concepts. Thus, the beginnings of theoretical research in this area were laid.

Socrates distinguished between natural law and the law of the polis, but he believed that both natural law and polis law go back to a rational beginning. With his conceptual approach, Socrates sought to reflect and formulate precisely this rational nature of moral, political and legal phenomena. On this path, he came to the conclusion about the triumph of the reasonable, fair and legal.

In terms of practical politics, Socratic ideas meant the rule of those who know, i.e. justification of the principle of competent government, and in theoretical terms - an attempt to identify and formulate the moral and reasonable basis and essence of the state.

Plato was a student and follower of Socrates. He interprets the state as the implementation of ideas and the maximum possible embodiment of the world of ideas in earthly socio-political life - in the polis.

In his dialogue “The State,” Plato, constructing an ideal just state, proceeds from the correspondence that, according to his ideas, exists between the cosmos as a whole, the state and the individual human soul. Justice consists in each principle minding its own business and not interfering in the affairs of others. In addition, justice requires the hierarchical subordination of these principles in the name of the whole: the ability to reason should dominate; to the fierce beginning - to be armed with defense, obeying the first principle; both of these principles control the lustful principle, which “by its nature thirsts for wealth.”

Defining a polis as a joint settlement determined by common needs, Plato substantiates in detail the position that the best satisfaction of these needs requires a division of labor between citizens of the state.

Plato's ideal state is the fair rule of the best. In this way, he shares the natural law position of Socrates that the legal and the just are one and the same, since they are based on the divine principle.

The further development and deepening of ancient political and legal thought after Plato is associated with the name of his student and critic - Aristotle. He attempted a comprehensive development of the science of politics. Politics as a science is closely connected with ethics. A scientific understanding of politics presupposes, according to Aristotle, developed ideas about morality and knowledge of ethics.

The objects of political science are the beautiful and the just, but the same objects are studied as virtues in ethics. Ethics appears as the beginning of politics, an introduction to it.

Aristotle distinguishes two types of justice: equalizing and distributive. The criterion of equalizing justice is “arithmetic equality”, the scope of application of this principle is the area of civil legal transactions, compensation for damage, punishment, etc. Distributive justice is based on the principle of “geometric equality” and means the division of common goods according to merit, in proportion to the contribution and contribution of one or another member of the community. Here, both equal and unequal allocation of corresponding benefits (power, honor, money) are possible.

The main result of ethical research, essential for politics, is the proposition that political justice is possible only by free and equal people belonging to the same community, and the goal is their self-satisfaction.

The state, according to Aristotle, is a product of natural development. In this respect, it is similar to such naturally occurring primary communications as family and village. But the state is the highest form of communication, embracing all other communication. In political communication, all other forms of communication reach their goal and completion. Man by nature is a political being, and the development of this political nature of man is completed in the state.

7. Political and legal doctrines in Ancient Greece 4-2 centuries. BC

The third period (second half of the 4th-2nd centuries BC) is the period of Hellenism. The views of this period are represented in the teachings of Epicurus, the Stoics and Polybius.

The crisis of ancient Greek statehood was clearly manifested in the doctrines of state and law of the Hellenistic period. In the last third of the 4th century BC, the Greek city-states lost their independence and fell first under the rule of Macedonia and then Rome. The campaigns of Alexander the Great marked the beginning of the Hellenization of the East and the formation of Hellenistic monarchies.

In his philosophical views, Epicurus was a continuator of the atomistic teachings of Democritus. Nature, in his opinion, develops according to its own laws, without the participation of gods.

Ethics is the link between his physical and political-legal ideas. Epicurus' ethics is individualistic. Human freedom is his responsibility for the wise choice of his lifestyle.

The main goal of state power and the basis of political communication, according to Epicurus, is to ensure the mutual security of people, to overcome mutual fear, and not cause harm to each other. True safety is achieved only by living a quiet life and moving away from the crowd. Based on this, the state and the law are interpreted by Epicurus as the result of an agreement between people about their common benefit - mutual security.

The founder of Stoicism was Zeno. The universe as a whole, according to Stoicism, is governed by fate. Fate as a controlling and dominant principle is at the same time “the mind of the universe, or the law of everything that exists in the universe.” Fate in the teachings of the Stoics acts as such a “natural law”, which at the same time has a divine character and meaning.

The basis of civil society is, according to the Stoics, the natural attraction of people to each other, their natural connection with each other. the state, therefore, acts as a natural association, and not an artificial, conditional, contractual entity.

Based on the universal nature of natural law, the Stoics substantiated the idea that all people are citizens of a single world state and that man is a citizen of the universe.

The teachings of the Stoics had a strong influence on the views of Polybius, a Greek historian and politician.

It is characterized by a statist view of current events, according to which one or another structure of the state plays a decisive role in all human relations.

Polybius portrays the history of the emergence of statehood and the subsequent change of state forms as a natural process occurring according to the “law of nature.” In total there are six main forms of state, which, in the order of their natural origin and succession, occupy the following place within their full cycle: kingdom, tyranny, aristocracy, oligarchy, democracy.

Customs and laws are characterized by Polybius as the two main principles inherent in every state. He emphasized the relationship and correspondence between good customs and laws, good morals of people and the correct structure of their public life.

8. Political and legal doctrines I'm in Ancient Rome 8th-1st centuries. BC

In Roman slave society, the dominant position was occupied by the landowning aristocracy. As it strengthened its position, it pushed aside both the old hereditary nobility and the wealthy elite of the commercial and industrial strata. If in the city-states political conflicts among the free were determined mainly by clashes between the noble nobility and the camp of democracy, now, with the establishment of private ownership of land, the confrontation between large and small landowners becomes decisive.

The most prominent ideologist of the Roman aristocracy during the period of the republic was the famous orator Marcus Tullius Cicero (106-43 BC). He outlined his political and legal doctrine, imitating Plato, in the dialogues “On the State” and “On Laws.” He also touches on some aspects of state and legal issues in his writings on ethics (for example, in the treatise “On Duties”) and in numerous speeches.

Cicero proceeds from ideas about the natural origin of the state common to all supporters of the aristocracy. Following Aristotle and the Stoics, he argued that civil communities arise not by institution, but by nature, for people are endowed by the gods with the desire to communicate. The first reason for uniting people into a state was “not so much their weakness as, so to speak, the innate need to live together.” In the spirit of the aristocratic teachings of his time, Cicero insisted that state power should be entrusted to the wise men who were able to approach the comprehension of the universal divine mind. The state could become eternal, the thinker assured, if people lived according to the behests and customs of their fathers. The purpose of the state, according to its concept, is to protect the property interests of citizens.

In a similar way, it resolves issues relating to the origin and essence of law. “The true and first law, capable of commanding and prohibiting, is the direct mind of the Most High Jupiter,” asserted Cicero. This supreme, natural, and unwritten law arose long before men were united into civil communities, and cannot be changed by the vote of the people or the decision of the judges (here a clear attack on the doctrines of slave democracy). The laws of the state must correspond to the divine order established in nature - otherwise they have no legal force. Priests must stand guard over the divine natural law. The emergence of law, Cicero emphasized, “should be derived from the concept of law. For the law is a force of nature, it is the mind and consciousness of a wise person, it is the measure of right and wrong.” The rights of wise and worthy citizens, including the right to property, flow directly from nature, from natural law.

Similar documents

Political and legal doctrines in Russia in the second half of the 17th-18th centuries. The emergence of the idea of the rule of law, Kant as its founder. Justification of the idea of a social state, its opposition to the idea of a rule of law state, unification of ideas.

test, added 07/17/2009

Prerequisites for the emergence of absolutism. Analysis of the political teachings of the era of the formation of absolutism based on the writings of thinkers of Peter’s time - I.T. Pososhkov and F. Prokopovich. The origins of the Russian bureaucracy, bureaucratization of the state apparatus.

course work, added 12/22/2014

The main ideas about the role of the individual in history until the mid-18th century. Detailed concepts and theoretically formulated views on the problem of the role of the individual, which appeared in the 19th century. The question of the capabilities of the individual, its correspondence to the time and people.

abstract, added 02/16/2015

Pyotr Alekseevich Kropotkin is a unique figure of Russian social thought. Criticism of state centralism, conviction of the need to alienate the administrative apparatus from civil society. Sociological ideas of P.A. Kropotkin.

abstract, added 12/15/2012

Features of economic and political transformations of the era of perestroika in the history of Russia. The essence of economic policy M.S. Gorbachev. Analysis of political reforms. Paths to the collapse of the USSR. The significance of the August putsch in the political history of Russia.

course work, added 07/27/2010

Structure. Laws of Hammurabi. The Ancient East became the first region in world history where written sources of law appeared. The early appearance of tsarist legislation was due to the fragility of the emerging territorial and political associations.

test, added 05/06/2006

The reasons for the emergence and essence of the phenomenon of imposture as a universal way to solve the problems of different classes of society for selfish or political purposes. Ambiguous assessment and inconsistency of the influence of impostors on the course of the history of the Russian state.

abstract, added 12/23/2009

General characteristics of the political and legal ideas of the Reformation. Analysis of Martin Luther's political theology. A new understanding of faith as life support and hope. Basic political and legal aspects of the theological and political doctrine of John Calvin.

abstract, added 02/04/2011

Studying the biography of Karl Marx, the content and significance of his economic teachings. Review of the reasons for the emergence of the theory of state capitalism. Analysis of political concepts, dialectical materialism, ideas of confrontation, revolution, armed struggle.

course work, added 01/19/2012

Economic history as one of the most important socio-economic sciences, its subject, method. Main functions and tasks, creative role of economic history in the system of socio-economic sciences. Periodization and sources of the history of economic doctrines.

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

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

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

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

Size: 2.41 MB

/Download file

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

Size: 1 MB

/Download file

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

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.” B. Chicherin’s five-volume work, published from 1869 to 1903, was called “History of Political Doctrines.” The title “History of the Philosophy of Law” became widespread. This is exactly what N.M.’s textbooks were called. Korkunova, P.I. Novgorodtseva, G.F. Shershenevich, E.N. Trubetskoy. In the USSR in the 1950-70s, the name “History of Political 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 study in many social sciences (philosophy, political science, sociology and jurisprudence.). Moreover, each of the sciences differs in its specific approach to the study of this common object. So, if an object is, as a rule, common to a number of sciences, then the subject of one science cannot coincide with the subject of another.

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

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

The history of doctrines about law and state is the history of the emergence and development, conceptually formalized views, ideas, theories, teachings, both individual thinkers and various social groups who express 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. You were familiarized with the classification of existing methods in the course on the theory of state and law. Therefore, we will not dwell on their characteristics in detail. Let us pay attention only to the specific methods with which this discipline is studied.

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

historical method, allowing you to understand and evaluate the teaching in a historical context, taking into account the specific conditions of a given era;
comparative method, which allows you to compare similar political and legal phenomena, and when comparing them, you can identify the similarities or differences between them, evaluate these theories;
system analysis, allows you to study the problems of politics, state, law, their individual phenomena from the 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 the consideration of each teaching in the context of the circumstances of the personal life of the thinker, each teaching and direction of thought - in the context of the socio-political and other conditions of life of the country in one or another period of its development.

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

4. Periodization of the history of political and legal doctrines

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

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

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

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

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

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

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

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

Educational and methodological literature

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?

Chapter 1. Subject of the history of political and legal doctrines. 3

§ 1. History of political and legal doctrines as an academic discipline. 3

§ 2. Concept and structure of political and legal doctrines. 4

§ 3. Universal and social in the history of political and legal doctrines. 6

Chapter 2. Political and legal doctrines in the states of the Ancient East. eleven

§ 1. Introduction. eleven

§ 2. Political and legal ideology of Ancient India. 13

§ 3. Political and legal thought of Ancient China. 16

§ 4. Conclusion. 22

Chapter 3. Political and legal doctrines in Ancient Greece. 23

§ 1. Introduction. 23

§ 2. Development of democratic teachings. Senior Sophists.. 24

§ 3. Political and legal doctrines of the aristocracy. Plato and Aristotle. 26

§ 4. Political and legal doctrines during the period of decline of the ancient Greek states. 34

§ 5. Conclusion. 36

Chapter 4. Political and legal doctrines in Ancient Rome. 37

§ 1. Introduction. 37

§ 2. Political and legal teachings of the slave-owning aristocracy. Cicero. Roman lawyers 38

§ 3. Political and legal ideas of primitive Christianity. 41

§ 4. The origin of theocratic doctrines. Augustine the Blessed. 43

§ 5. Conclusion. 45

Chapter 5. Political and legal doctrines in Western Europe during the Middle Ages. 46

§ 1. Introduction. 46

§ 2. Political and legal theory of medieval scholasticism. Thomas Aquinas. 48

§ 3. Political and legal ideas of medieval heresies. 51

§ 4. The doctrine of the laws and state of Marsilius of Padua. 52

§ 5. Conclusion. 54

Chapter 6. Political and legal doctrines in the countries of the Arab East during the Middle Ages 55

§ 1. Introduction. 55

§ 2. Political and legal trends in Islam. 55

§ 3. Political and legal ideas in the works of Arab philosophers. 58

§ 4. Conclusion. 61

Chapter 7. Political and legal doctrines in Russia during the period of the emergence and development of feudalism and the formation of a unified Russian state. 62

§ 1. Introduction. 62

§ 2. Political and legal ideas of Ancient Rus'. 62

§ 3. The main directions of political thought during the formation of the Muscovite kingdom 64

§ 4. Political ideology of the struggle against feudal exploitation. 69

§ 5. Conclusion. 70

Chapter 8. Political and legal doctrines in Western Europe in the 16th century. 71

§ 1. Introduction. 71

§ 2. N. Machiavelli’s teaching on state and politics. 72

§ 3. Political and legal ideas of the Reformation. 78

§ 4. Political ideas of the tyrant fighters. Etienne de La Boesie. 81

§ 5. Theory of state sovereignty. Political doctrine of J. Bodin. 82

§ 6. Political and legal ideas of early socialism. “Utopia” by Thomas More. “City of the Sun” by Tommaso Campanella.. 84

§ 7. Conclusion. 88

Chapter 9. Political and legal doctrines in Holland and England during the early bourgeois revolutions 90

§ 1. Introduction. 90

§ 2. The emergence of the theory of natural law. The teachings of G. Grotius on law and state. 91

§ 3. The main directions of political and legal ideology during the period of the English bourgeois revolution of 1642–1649. 93

§ 4. Theoretical justification of democracy. B. Spinoza. 99

§ 5. Justification of the “Glorious Revolution” of 1688 in the teachings of J. Locke on law and state. 102

§ 6. Conclusion. 105

Chapter 10. Political and legal teachings of the German and Italian enlightenment of the 17th-18th centuries. 107

§ 1. Introduction. 107

§ 2. Natural law theories in Germany. 107

§ 3. Legal theory of C. Beccaria. 110

§ 4. Conclusion. 112

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

§ 1. History of political and legal doctrines as an academic discipline

The history of political and legal doctrines is one of the historical and theoretical disciplines. The task of this discipline is to use specific historical material to show the patterns of development of political and legal ideology, to acquaint the student with the content and history of the most significant and influential theoretical concepts of state and law of past eras. Each major era of estate and class society had its own theory of state and law, often several theories. The study of these theories and their connection with modern problems of law and state is as important for the training of highly qualified jurists as the study of the history of philosophy is for philosophers, for economists - the history of economic doctrines, for art critics - the history of aesthetics, etc.

The study of the history of political and legal doctrines was already an integral part of higher legal education in the last century. At law faculties of universities, this discipline was first called “History of Political Doctrines” (a general course under this name was prepared and published by Moscow University professor B.N. Chicherin), then “History of the Philosophy of Law” (lecture courses in Moscow by Professor G.F. Shershenevich, in St. Petersburg, professor N.M. Korkunov). After 1917, this discipline was called differently: “History of political doctrines”, “History of doctrines of state and law”, “History of political and legal doctrines”.

The history of political and legal doctrines is a process of development of the corresponding form of social consciousness, subject to certain laws.

However, attempts to present the content of the history of political and legal doctrines as a reflection of class contradictions and struggles did not lead to the creation of a coherent picture of the development of the corresponding doctrines from antiquity to the present day, for the very reason that the interests of the various classes that have existed in history are extremely diverse and incomparable. The attempt to divide the history of political and legal doctrines into two parts, into pre-Marxist and Marxist periods, of which the first was considered only as the threshold of the second, contained only individual “guesses” about the state and law, while the second was considered the period of development of the only scientific doctrine, was also unsuccessful. about state and law. In addition to the ideological deformations of the course, this view gave rise to a controversial idea of the history of political and legal doctrines as a process of accumulation, development, cumulation of knowledge about politics, state and law.

If you try to imagine the history of political and legal doctrines as a “cumulative process of accumulation and transmission of knowledge,” then you cannot understand what place in such history belongs to illusory, utopian doctrines and theories that have dominated the minds of millions of people for entire eras. For example, dominant in the XVII-XVIII centuries. the idea of a social contract on the creation of society and the state in the complex of modern theoretical knowledge deserves mention only in connection with a critical review of various outdated ideas about the origin of the state. But during the period of the struggle against feudalism, the idea of a social contract as a way of expressing the involvement of man and people in power opposed the idea of the divinely ordained power of feudal monarchs. Both of these ideas are far from science, but on the basis of each of them, interpreted as the main methodological principle, extensive theoretical concepts were built that claim to explain the past, interpret the present and foresee the future destinies of the state and law. The explanation turned out to be far-fetched, the interpretation - erroneous, the prediction - false. But this does not mean that in the history of political and legal thought the replacement of theological worldview with a rationalist one was not progressive at all.

Political and legal ideology, like any ideology, is defined not in terms of epistemology (true - untrue), but in sociology (self-awareness of social groups and classes). Therefore, the criterion applied to political and legal doctrines is not truth, but the ability to express the interests of a particular social group. The idea of the history of political and legal doctrines as the history of knowledge, based on an analogy with the history of natural sciences, is not confirmed in the real history of political and legal ideology

The development of this ideology leads to an increase in knowledge about the state and law, but political and legal theory was and remains an empirical, classification, descriptive science, the predictive function of which is very doubtful. The debate about politics - is it science or art - has been going on for a long time.

When developing political and legal doctrines, the main stimulus for theoretical activity was not only curiosity, the desire to comprehend the reasons for the existence and prospects for the development of the state and law, but also a passionate, emotionally charged desire to refute the opposing political and legal ideology, to present the state and law as one wants to see them or portray an ideologist, the desire to transform or protect the state and law that are under attack, to influence the mass and state political and legal consciousness of society. The main reason for the multiplicity, diversity and complexity of political and legal teachings is the desire of each ideologist to defend the ideals of his class or his group and refute the ideology opposite class or group.

Introduction

The most ancient political and legal doctrines arose in Egypt, India, Palestine, China and other countries of the ancient East.

Kings, priests, judges and other representatives of power were considered descendants or viceroys of the gods and were endowed with sacred traits.

The incomplete nature of this process was manifested in the following.

Conclusion

The study of political and legal thought of the Ancient East has not only educational, but also theoretical significance. Documents and literary monuments that have come down to us from the ancient civilizations of Egypt, Mesopotamia, Palestine, India and China allow us to trace the formation of political and legal ideas at the earliest stages of the formation of class society. The history of the Ancient East provides unique opportunities in this regard, since many countries of the ancient Eastern world developed for a long time in isolation from each other and the process of the emergence of political ideology proceeded in them, as they say, in its pure form, regardless of external influences. A similar situation was extremely rarely repeated in subsequent history among other nations. In addition, a high level of culture and rich literary traditions were combined here with a slow pace of social development. A significant number of written monuments preserved from the ancient civilizations of the East date back to the period when the processes of formation of classes and the state did not reach their completion. This allows us to recreate a fairly complete picture of the emergence of political and legal consciousness from the undivided (syncretistic) ideology of early class societies.

The methodological significance of the history of the East is also determined by the fact that, despite numerous studies carried out over recent decades, the social thought of the peoples of the East remains less studied than the social doctrines that have become widespread in Western Europe. The above fully applies to the current state of research on the history of political and legal doctrines. The vast majority of issues related to the formation of political theory in the states of the Ancient East have not received a clear solution and continue to cause debate in scientific circles. In turn, this inevitably affects the understanding of the general patterns of development of political and legal ideology, its features at various stages of history, etc.

Currently, interest in the ideological heritage of the Ancient East has increased significantly. It was stimulated by the national liberation movement in India, China, Egypt and other countries that were part of the ancient eastern region. The formation of independent states with an ancient and distinctive culture increased interest in their historical past. An important role in this was played by the awakening of the national self-awareness of the peoples of the East, the desire of young states to preserve (or recreate) the traditions inherited from previous eras.

Some currents of social thought, which originated in ancient times, are today experiencing a period of a kind of revival. For example, in China, after the end of the notorious “cultural revolution,” Confucianism again received official recognition. In a number of countries in Southeast Asia, political and legal ideology is developing under the influence of the concepts of “Buddhist socialism.” To a certain extent, these processes are also associated with the spread of Eastern religious cults in industrialized countries, including Russia, where in recent years many admirers of Krishnaism and other movements have appeared.

The modern content of religious and moral-political doctrines that arose in the states of the Ancient East diverges from their original meaning. Therefore, it would be a serious miscalculation to look for universal human values, eternal principles of justice, etc. in them. In particular, the Confucian principles of philanthropy initially applied only to the Chinese and were combined with the idea that China is the center of the Celestial Empire, to which all other peoples must submit. Historically adequate coverage of the political and legal concepts of the past requires taking into account the environment in which they originated and does not allow for their modernization.

Introduction

In the middle of the 1st millennium BC. In Greece, the transition to a slave system is completed. The nature and timing of this transition was decisively influenced by the maritime trade that arose quite early among the Greeks - its development stimulated the growth of cities and the creation of Greek colonies around the Mediterranean Sea, and accelerated the property stratification of society. Thanks to lively connections with other countries, the shopping centers of Greece turned into powerful centers of culture, where the latest achievements in technology, natural science, writing and law flocked.

The socio-political system of Ancient Greece was a unique system of independent policies, that is, small, sometimes even tiny states. The territory of the policy consisted of the city and the surrounding villages. According to modern historians, the free population of the polis rarely reached 100 thousand people.

A common feature of polis life in the 7th–5th centuries. BC. there was a struggle between the tribal aristocracy, which was developing into a slave-owning hereditary nobility, and the trade and craft circles, which, together with certain layers of the peasantry, formed the camp of democracy. Depending on the preponderance of one side or another, state power in the policies took the form of either aristocratic rule (for example, in Sparta), or democracy (Athens), or a transitional rule of tyrants (tyranny is the power of one or more persons who usurped it by force).

With the transformation of slavery into the dominant method of exploitation, the property inequality of the free grew, and the social contradictions of ancient Greek society intensified. Rich slave owners, pushing aside the well-born nobility and democratically minded middle classes, established oligarchic regimes in a number of policies. The struggle among the free population was aggravated by the antagonistic relationship between slave owners and slaves. Polis-states based on the dominance of aristocracy or democracy were united into military-political coalitions and state unions (the Athenian Maritime League, the Peloponnesian League under the hegemony of Sparta, etc.). The confrontation between these coalitions gave rise to political upheavals in the city-states and internecine wars, the largest of which was the Peloponnesian War of 431–404. BC.

As a result of prolonged internecine wars that undermined the economy, the policies fell into decay and experienced a deep crisis. In the second half of the 4th century. BC. the ancient Greek states were conquered by Macedonia, and later (2nd century BC) by Rome.

The political ideology of Ancient Greece, like that of other ancient countries, was formed in the process of decomposition of myth and the identification of relatively independent forms of social consciousness. The development of this process in ancient Greece, where a slave-owning society developed, had significant features compared to the countries of the Ancient East.

The intensive trading activity of the Greeks, which expanded their cognitive horizons, the improvement of technical skills and abilities, and the active participation of citizens in the affairs of the polis, especially the democratic one, caused a crisis of mythological ideas and encouraged them to look for new methods of explaining what was happening in the world. On this basis, philosophy arose in Ancient Greece as a special, theoretical form of worldview. Political and legal concepts begin to be developed within the framework of general philosophical teachings.

The philosophical worldview then included all forms of theoretical consciousness - natural philosophy, theology, ethics, political theory, etc. The political and legal doctrines of Ancient Greece developed as a result of complex interactions of political ideology with other forms of social consciousness.

For the development of socio-political theory, the expansion of empirical knowledge was of paramount importance. The diversity of political experience accumulated in polis states stimulated theoretical generalizations of the practice of exercising power and the creation of teachings that raised the problems of the emergence of states, their classification, and the best form of structure. The legal thought of Ancient Greece constantly turned to the comparative study of the laws that were established in the policies by the first legislators (Lycurgus in Sparta, Solon in Athens). In the works of Greek thinkers, a classification of forms of state (monarchy, aristocracy, democracy, etc.) was developed, which was included in the conceptual apparatus of modern political science.

The content of ancient political and legal concepts was also greatly influenced by the development of ethics and the establishment of individualistic morality in a slave-owning society. Private property relations and slavery undermined the patriarchal foundations of communal life that were preserved in the policies and pitted individuals against each other. If in the ethical and political concepts of the Ancient East we were talking about one or another interpretation of community morality, then in ancient Greece issues related to the position of the individual in society, the possibility of moral choice and the subjective side of human behavior came to the fore. Based on the ideas of the moral freedom of the individual, representatives of democracy developed doctrines about the equality of citizens and the contractual origin of law and the state.

Since the 3rd century. BC, when the ancient Greek states lost their independence, profound changes occurred in public consciousness. Among the free population, moods of hopelessness and apoliticalism are growing, and religious quests are intensifying. Theoretical studies of politics during this period were replaced by moral teachings of an individualistic nature (Stoicism, the school of Epicurus).

Articles on the topic

How to win a Gemini man: what kind of girls they like, compatibility with other signs

History of political and legal doctrines

Drawing lesson "constructing projections of points on the surface of an object"

Prayer to the holy martyr Harlampius for deliverance from hunger, asking for the fertility of the earth, a good harvest

Bosnian or Croatian script for Donbass What does the Croatian script mean for Donbass

In the outback barefoot: the rich history of the village of Medved

Presidential Decree 240 dated 29

Infrastructure development

Popular

How women staged the February revolution The role of women in the history of the February Revolution is often underestimated, but the revolutionary events began precisely on February 23, that is, March 8 according to the old...

How to win a Gemini man: what kind of girls they like, compatibility with other signs The Gemini man has a difficult character. Many of his actions directly depend on his mood - an hour ago he smiled affably and hummed...

History of political and legal doctrines Send your good work in the knowledge base is simple. Use the form below Students, graduate students, young scientists using...