1 SUBJECT AND CONTENT OF THE HISTORY OF POLITICAL AND LEGAL TEACHINGS The subject of the history of political and legal doctrines is the features of the development of ideas about the state, its structure, legal norms etc. These ideas determined the transformation of both political and

2 PLACE AND ROLE OF THE HISTORY OF POLITICAL AND LEGAL TEACHINGS IN THE SYSTEM OF LEGAL SCIENCES In the system of legal sciences and legal education, the history of political and legal doctrines is an independent scientific and educational discipline. Within the framework of this discipline, we study

22 CONSERVATIVE DIRECTION OF POLITICAL AND LEGAL TEACHINGS IN late XVIII- early 19th century Many thinkers criticized the French Revolution. These are Joseph de Maistre, de Bonald, Karl Ludwig Haller, Edmund Burke and others. Some of them had their own political and legal ideas. Joseph de

2. Methodology of the history of political and legal doctrines The history of political and legal doctrines as an independent legal discipline, together with other legal disciplines, is one of the humanities. And in it, as in other modern humanitarian

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History of political and legal doctrines

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

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• 11
• 16
• 20
• 27
• § 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 doctrines 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 rights 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 focus on specific historical material show the patterns of development of political and legal ideology, introduce the student to 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. Study of these theories and their connection with modern problems law and state is as important for the training of highly qualified jurists as the study of the history of philosophy is for philosophers, and history for economists economic studies, for art historians - 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 objective of the training course is to develop theoretical thinking and historical consciousness law student, developing 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 social and political development, on the one hand, research into social and political structure societies - on the other hand, paved the way 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 political activity, connections between state and law, basic principles and forms (sources) of law, the problem of individual rights, 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, history of the concept legal entity and other civil law concepts, history of science international law and 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 slave states 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 was the reason for the 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, the desire to determine the best, perfect shape board. 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 characteristics of different historical eras predetermined the different relationship between law and state in public life, and thereby - varying degrees attention that in the content of political and legal doctrines was paid to theoretical issues of state, politics, and law. 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 state and law, goals and objectives of political activity and struggle), inherent in each political and legal doctrine, give it social 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 together its elements, giving the political-legal doctrine monolithicity, since the formulation of political and legal views, judgments, assessments in whole 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 different variants within 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 political and legal doctrine is connected with the ideals of socio-political groups and with the specific historical situation Methodological basis teachings and its theoretical content are higher layers of social ideology, not in all parts predetermined by social interests, and 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 view these are the ideas of justice, the common good, freedom and other elementary norms of morality. 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 (with certain conditions 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 had different shapes and degree 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 submission state power 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 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); new theory agrees with some ideas, rejects others, 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 a theory of natural law arose, expressing the interests of the bourgeoisie and the people who fought against 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 teaching 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.

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 history 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 They 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. Political thought of the Ancient East long time developed 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”.

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Brief lecture notes

Compiled by: Art. Rev. Garbuzova E.V.

TOPIC 1. SUBJECT AND METHODOLOGY OF THE HISTORY OF POLITICAL

AND LEGAL TEACHINGS

1. Subject and method of the history of political and legal doctrines;

2. Periodization of the history of political and legal doctrines.

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

The history of political and legal doctrines is a science that can be classified as theoretical and historical legal sciences.

The history of political and legal doctrines is closely connected with the General Theory of Law, Constitutional Law of foreign countries, the history of state and law, philosophy of law, and the history of philosophy.

As an independent science, the History of political and legal doctrines was formed during the Enlightenment as an attempt to explain the patterns of origin, development, functioning and social purpose of the state and law, as well as an attempt to find an optimal model of their relationship.

The subject of the history of political and legal doctrines is a set of ideas, theories, doctrines that give a holistic understanding of the essence and forms of politics, power, state and law, the patterns of their origin, development and functioning, their place and role in the life of society and man at various stages of historical evolution and in different countries.

Specifics of the history of political and legal doctrines:

1) science studies only holistic, complete systems of views, and not isolated ideas;

2) the subject of the history of political and legal doctrines has the form of doctrines, doctrines, theories;

3) political and legal doctrine (teaching, theory) – a specific form of understanding, assimilation and transformation of political and legal reality.

The structure of political and legal doctrine includes 3 elements:

1. theoretical content of the doctrine - a system of conclusions and provisions considering the nature, essence and purpose of the political and legal idea;

2. political ideology - a system of ideals and values ​​in which the relations of classes and social groups to the state and law are recognized and assessed;

3. doctrinal basis - a set of techniques and ways of knowing and interpreting state and law.

For example, the understanding of the state as the result of a social contract follows from the doctrine of natural law, which was the methodology for explaining political and legal reality in the 17th century. and objectively expresses the interests of the emerging bourgeoisie.

The history of political and legal thought is formed starting from the prehistory of science, passing through the following stages:

1) prehistory of science – 4th millennium BC. – XVIII century AD Science did not yet exist, but many theories were formulated that influenced not only the development of science, but also the policies of specific states.

Initially, the idea of ​​state and law was expressed in religious and mythological form; with the development of a rationalistic explanation of reality, the teaching takes the form of philosophical and ethical theories.

2) institutionalization of the history of political and legal doctrines – XVIII – XIX centuries. Rational and ethical form of knowledge.

3) modern stage – XX – XXI centuries. Pluralism of views and theories.

Methodology includes 3 groups of methods:

1) general scientific methods:

Historical – allows you to determine the place and significance of theory in the modern system of knowledge; identify a set of social factors that influenced the development of a particular theory; determines the ideology of the classes dominant in a certain period of time; establishes the logic of development of doctrines about state and law;

Sociological - determines the social factors, living conditions of society that gave rise to a specific teaching, as well as how this teaching influenced the life of society;

Normative-value – defines the ideals and values ​​that underlie the teaching.

2) general logical methods (analysis, synthesis, deduction, induction, etc.).

3) special legal methods (legal modeling, interpretation, comparative legal, etc.).

The use of methods depends on the dominant paradigm, i.e. a model of theoretical interpretation, which is a set of cognitive principles and techniques for reflecting political and legal phenomena.

Paradigms:

1) theological (Israel, Western Europe in the Middle Ages, Islamic states);

2) naturalistic (Ancient Greece, Ancient India, the teachings of Spinoza) Here, all political and legal phenomena are explained from the same point of view as natural phenomena;

3) legal ( Ancient China, Persia). All political and legal phenomena are explained from the formal point of view of law;

4) sociological (social) - present tense.

Plan

1. The place of the history of political and legal doctrines in the system of legal disciplines
2. Subject of the history of political and legal doctrines
3. Methods of the history of political and legal doctrines
4. 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 considered development trends social systems using factual material about new technologies. His main works advocate the thesis that humanity is moving to a new technological revolution, that is, the first wave (agrarian civilization) and the second (industrial civilization) are being replaced by a new wave leading to the creation of a super-industrial civilization. Here the main criterion is the technological method of production. In history, therefore, three eras, three societies were distinguished: pre-industrial, industrial and post-industrial.

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

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

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

Educational and methodological literature

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

1. Vlasova V.B. Tradition as a social and philosophical category // Philosophical Sciences. 1992. No. 2
2. Zorkin V.D. Patterns of relationship between legal and philosophical teachings//Patterns of emergence and development of political and legal ideas and institutions. - M. 1986.
3. Lazarev V.V. Course on the history of political doctrines: meaning, subject and method //Leningrad Law Journal. 2005. No. 3.
4. 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.
5. Lukovskaya D.I. Political and legal doctrines: historical and theoretical aspect. - L.1985.
6. 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.
7. Rybin A.V. Subject, method and structure of the history of political doctrines //Uch. zap. Perm University. T.XXV.1. Legal sciences. Permian. 1962.
8. 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

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

History of political

and legal doctrines

5th century BC. - strengthening and flourishing ancient democracy. “Sophos” - wise. Paid wisdom teachers, incl. in matters of state and law. They did not form a single school, but developed different philosophical, political and legal views. There were 2 generations of sophists: the older (Protagoras, Gorgias, Prodicus, Hippias, Antiphon, etc.) and the younger (Thrasymachus, Callicles, Lycophron, etc.). Many of the older sophists generally adhered to democratic views; among the younger ones there were adherents of both aristocracy and tyranny.

Protagoras (481-411 BC). the legitimacy and justice of the democratic system, recognized the equality of all people - according to their equal involvement in wisdom, virtues and the art of public life. The existence of a state presupposes the participation of all its members in human virtue, which he includes justice, prudence and piety.

Gorgias (c. 483-375 BC). adherent of written laws, but puts justice above them. The world is a friend of the beautiful and the good.

Hippias (460-400 BC). the nature (of things) as natural law is opposed to the erroneous artificial polis law. The law, ruling over people, forces them to do many things that are contrary to nature.

Antiphon (c. 400 BC). the equality of all people by nature (Hellenes and barbarians, noble and simple - the same natural needs) distinguishes between the “laws of the polis” and the “laws of nature” and prefers the latter. Educating people in the spirit of nature's requirements.

Thrasymachus. Politics is the area of ​​manifestation of human forces and interests, the sphere of human, not divine action. Benefit of the strongest. The government establishes laws in its favor: democracy - democratic laws, tyranny - tyrannical, etc. Having established such laws, the authorities declare them fair. He noted the role of violence in the activities of the state.

Paul of Agrigentos. I was interested in practical politics. It is better to create injustice yourself, realizing your desires and goals, than to suffer injustice from others. Justified the tyrant's arbitrariness.

Callicles. Laws are set by the weak. The strong stand above the weak and command them.

Lycophron. State communication is the result of an agreement between people about a mutual union. The law is a simple contract, a guarantee of personal rights. The basis is the natural equality of people.

Alcidam of Elea (1st half of the 4th century BC). equality of people, including slaves. The Divine created everyone free, but nature created no one as a slave.

Hobbes' political and legal doctrine

Thomas Hobbes (1588-1679). An outstanding English thinker, whose political and legal doctrine is contained in his works: “The Philosophical Beginning of the Doctrine of the Citizen” (1642), “Leviathan, or Matter, the Form and Power of the Church and Civil State” (1651).

All men are originally created equal in physical and mental abilities and each has the same “right to all things” as others. But human greed and selfishness lead to an inevitable war of “all against all.” And this is “the natural state of the human race.” The nature of people contains properties that encourage people to find a way out of their natural situation - the fear of death and the instinct of self-preservation, natural reason.

The main natural law says: it is necessary to strive for peace and follow it. Everything else is a means for this. The second natural law is the renunciation of each person's rights to the extent that the interests of peace and self-defense require it. The right is transferred by agreement to certain person or to a group of people. Third law: people are obliged to fulfill the agreements they have made, otherwise the latter will have no meaning - the source and beginning of justice. There are 16 more natural (unchangeable and eternal) laws that can be reduced to the rule: do not do to others what you would not want done to you.

Exchange and agreement are prerequisites for establishing peace in human society.

Natural laws in themselves are not obligatory. Natural law is the freedom to do or not do something, positive law is the command to do or not do something.

The absolute power of the state is the guarantor of peace and the implementation of natural laws. It forces the individual to carry them out by issuing civil laws that rely on force.

The state is established by people in order to end the “war of all against all.” By mutual agreement among themselves, individuals entrust to a single person (an individual or a collection of people) supreme authority over themselves. The State is that person, using the power and means of all men as it deems necessary for their peace and common defense. The bearer of such a person is the sovereign, who has supreme power, and everyone else is his subject.

Once having concluded an agreement, individuals lose the opportunity to change the chosen form of government and free themselves from the influence of the supreme power. The holder of supreme power is not bound by any agreement with his people and therefore, in principle, is not responsible to them.

Hobbes identifies two ways for the emergence of a state: through the voluntary consent of individuals (establishment-based or political states), or the acquisition of supreme power by force (acquisition-based).

The sovereign himself makes and repeals laws, declares war and makes peace, examines and resolves disputes, appoints all officials, etc. the prerogatives of the sovereign are indivisible and not transferable to anyone - Hobbes is against the separation of powers. The supreme power cannot rightfully be destroyed by the people who agreed to establish it.

The state performs police and security functions, encourages economic development, and carries out educational and educational activities.

Freedom is the right to do everything that is not prohibited by civil law. The only measure of good and evil is civil law, the only judge is the legislator.

It is the duty of the sovereign to govern the people well, for the state is not established for its own sake, but for the sake of the citizens.

There are 3 forms of state: monarchy, democracy (rule of the people) and aristocracy. They differ from each other not in the nature and content of the supreme power embodied in them, but in differences in their suitability for the implementation of the purpose for which they were established.

A people has the right to revolt when the sovereign obliges an individual to kill or maim himself or prohibits him from defending himself against an enemy attack. Protecting your own life is based on the highest law of all nature - the law of self-preservation. This law does not have the right to break and the sovereign. Otherwise, he risks losing power.

Locke on State and Law

John Locke (1632-1704) is an ideologist of social compromise, whose teachings are set out in “Two Treatises on Government” (1690).

He shared the ideas of natural law, social contract, popular sovereignty, inalienable personal freedoms, balance of powers, and the legality of rebellion against a tyrant. But he supplemented previously known teachings and created the doctrine of early bourgeois liberalism.

Before the emergence of the state, people are in a state of nature, not depending on anyone’s will, they freely dispose of their personality and their property, equality prevails. In order for the norms (laws) of communication operating in the state of nature to be observed, nature has endowed everyone with the opportunity to judge those who have broken the law and subject them to appropriate punishments. However, in the state of nature there are no organs that could impartially resolve disputes between people. All this creates a climate of uncertainty. In order to reliably ensure natural rights, equality and freedom, protection of personality and property, people agree to form a political community and establish a state.

The state is a collection of people who united into one under the auspices of an established general law and created a judicial authority empowered to resolve conflicts between them and punish criminals. The state embodies political power, that is, the right to create laws for the common good and the right to use the force of the community to enforce these laws and protect the state from outside attack.

A person does not alienate the right to life, ownership of property, freedom and equality to anyone under any circumstances. These inalienable values ​​are the final boundaries of the power and actions of the state, which it is ordered to transgress.

The main goal of the political community is for everyone to be able to ensure, preserve and realize their civic interests: life, health, freedom and “ownership of such external goods as money, land, houses, household utensils, etc. (Locke - “property”) . Means designed to facilitate the implementation of this goal are legality, separation of powers, the optimal form of government for the nation, the right of the people to rebel in connection with abuse of power, etc.

Only that act which directs a rational being to conduct in accordance with its own interests and serves the common good has the title of law. The law must necessarily be characterized by stability and long-term validity.

Whoever specifically holds the supreme power in the state must rule according to established permanent laws proclaimed by the people, and not through improvised decrees.

Each person, having agreed with others to form a single political body, subject to one government, undertakes the obligation to obey the decision of the majority and consider it final.

The principle of separation of powers. The legislative branch is the representative institution of the entire nation - parliament. Executive - monarch, cabinet of ministers. They are also in charge of relations with foreign states - the federal government.