History of political and legal doctrines. Ed. Leista O.E. Leist E. History of political and legal doctrines - file n1.doc

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The textbook outlines the main political and legal teachings of the Ancient World, the Middle Ages, Modern and Modern times in full accordance with the program and methodological requirements for high school textbooks.

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Table of contents
Chapter 1. The 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. The concept and structure of political and legal doctrines 2
§ 3. Periodization of the history of political and legal doctrines 4
§ 4. The content of the history of political and legal doctrines. Criteria for evaluating 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 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 doctrines. Senior Sophists 33
§ 3. Plato's doctrine of the state and laws 36
§ 4. Political and legal doctrine of Aristotle 42
§ 5. Political and legal doctrines during the 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 early Christianity 60
§ 5. The origin of theocratic doctrines. Augustine 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 the laws and the state of Marsilius of Padua 77
§ 7. Conclusion 80
Chapter 6. Political and legal thought Kievan Rus 81
§ 1. Introduction. 81
§ 2. general characteristics political and legal thought of Kievan Rus 84
§ 3. Political ideas in the work of Hilarion "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 Muscovite State 114
§ 1. Introduction 114
§ 2. Formation of the political ideology of the Muscovite state 116
§ 3. Political and legal ideas of "non-possessiveness" 124
§ 4. Political and legal doctrine of Joseph Volotsky 135
§ 5. political theory 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 doctrine of the state and politics 165
§ 3. Political and legal ideas of the Reformation 174
§ 4. The theory of state sovereignty. political doctrine J. Bodin 177
§ 5. Political and legal ideas of early communism. "Utopia" T. Mora. "City of the Sun" 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. The theory of natural law. The doctrine of G. Grotius about law and the state 189
§ 3. The doctrine of T. Hobbes on the state and law 191
§ 4. The main directions of political and legal ideology during the period of the English Revolution and civil war 195
§ 5. The theory of natural law B. Spinoza 199
§ 6. Justification of the "Glorious Revolution" of 1688 in the teachings of J. Locke on law and the state 203
§ 7. Conclusion 206
Chapter 10. Political and legal thought in Russia in the 17th century. 208
§ 1. Introduction 208
§ 2. Political and legal ideas in the first half of the XVII century in 210
§ 3. Political and legal ideas of Patriarch Nikon and Archpriest Avvakum: political and legal ideology church schism 217
§ 4. Conclusion 225
Chapter 11. Political and legal teachings of the German and Italian Enlightenment of the XVII-XVIII centuries 228
§ 1. Introduction 228
§ 2. Natural law theories in Germany 228
§ 3. Legal theory 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 official doctrine autocratic power. . . . 240
§ 3. The political doctrine of Feofan Prokopovich 246
§ 4. Political and legal ideas of V. N. Tatishchev 255
§ 5. Political and legal ideas of I. T. Pososhkov 261
§ 6. Conclusion 266
Chapter 13. Political and legal doctrines in France in the 18th century 268
§ 1. Introduction 268
§ 2. Political and legal program of Voltaire 270
§ 3. Montesquieu's doctrine of laws and the state 273
§ 4. The theory of popular sovereignty J.-J. Russo 279
§ 5. Political and legal teachings of communism in pre-revolutionary France 287
§ 6. Political and legal ideology of France in the period great revolution -, 294
§ 7. Problems of state and law in the documents of the "Conspiracy for Equality" 299
§ 8. Conclusion 303
CHAPTER 14
§ 1. Introduction 305
§ 2. T. Payne on the state and law 306
§ 3. Political and legal views of T. Jefferson 308
§ 4. Views of A. Hamilton on the 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 XVIII - early XIX century 332
§ 1. Introduction 332
§ 2. I. Kant's doctrine of law and the state 333
§ 3. Hegel's doctrine of the state and law 339
§ 4. Conclusion 346
Chapter 17 early XIX at 350
§ 1. Introduction 350
§ 2. Reactionary political and legal doctrines in France, Switzerland, Austria 350
§ 3. Traditionalism 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 the 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 in 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-feudal system
§ 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. The doctrine of R. Iering about law and the 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 the 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 in late XIX- early XX in 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 the state of 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 welfare state and welfare policies 531
§ 5. The theory of democratic socialism 535
§ 6. Sociological jurisprudence 539
§ 7. Realistic conceptions of law in the USA 542
§ 8. Normativism of G. Kelsen 545
§ 9. Theories of natural law 549
§ 10. Conclusion 553

"CLASSICAL UNIVERSITY TEXTBOOK"

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POLITICAL AND LEGAL DOCTRINES

Executive Editor Doctor of Law, Professor

O. E. LEIST

Zerialo Publishing House

Vorotilin E. A, Ph.D. legal Sciences, Associate Professor - Ch. 2, 3, 16 (§ 1-3), ch. 18(§ 3,4), ch. 24, (§ 5), ch. 25 (§ 1-4, 6-9);

Leist O. E, Dr. legal sci., professor - ch. 1, 4, 5, 8 (§ 1-3, 5-6), ch. 9, 13 (§ 1, 5-8), ch. 16 (§ 4), ch. 17 (§ 1-3, 5), ch. 18 (§ 1, 5, 6), ch. 19, 20, 21, 22, 24 (§ 1-4, 6-7), ch. 25 (§ 10);

Machin I.F, Ph.D. legal Sciences, Associate Professor - Ch. 8 (§4), ch. 13 (§ 2-4), ch. 17 (§4), ch. 18(§2);

Strunnikov V.N., Dr. legal sciences, professor - ch. 11, 14, 25 (§ 5); Tomsinov V. A, doc. legal sciences, professor - ch. 6, 7, 10, 12, 15; Frolova E. A, Ph.D. legal Sciences, Associate Professor - Ch. 23.

History of political and legal doctrines. Textbook

And 91 for universities / Edited by Dr. legal sciences, professors

O. E. Leist. M.: Publishing house "Zertsalo", 2006. - 568 p. - (Series "Classical university textbook").

ISBN 5-8078-0113-X

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

Reproduction of the text of the textbook or any part of it without the written permission of the publishing house "Mirror"

Foreword

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Chapter 1. The subject of the history of political and legal doctrines
§ 1. History of political and legal doctrines
in the system of legal disciplines
§ 2. The concept and structure of political and legal doctrines
§ 3. Periodization of the history of political
and legal doctrines

Criteria for evaluating political and legal doctrines
Chapter 2. Political and legal doctrines in states
ancient east
§ 1. Introduction
§ 2. Political and legal ideology of Ancient India
§ 3. Political and legal thought of Ancient China
§ 4. Conclusion
Chapter 3. Political and legal doctrines in Ancient Greece
§ 1. Introduction
§ 2. Development of democratic doctrines. Senior Sophists
§ 3. Plato's doctrine of the state and laws
§ 4. Political and legal doctrine of Aristotle
§ 5. Political and legal doctrines in the period of decline
ancient Greek states
§ 6. Conclusion
Chapter 4. Political and legal doctrines in Ancient Rome
§ 1. Introduction
§ 2. Political and legal doctrine of Cicero
§ 3. Legal and political ideas of Roman jurists
§ 4. Political and legal ideas of the original
Christianity
§ 5. The origin of theocratic doctrines.
Augustine the Blessed
§ 6. Conclusion
Chapter 5. Political and Legal Doctrines in Western Europe
during the Middle Ages
§ 1. Introduction


§ 2. Theocratic theories
§ 3. Political and legal ideas of medieval heresies
§ 4. Political and legal theory of medieval scholasticism.
	Thomas Aquinas
§ 5. Medieval lawyers
§ 6. The doctrine of the laws and the state of Marsilius of Padua
§ 7. Conclusion
	6. Political and legal thought of Kievan Rus
§ 1. Introduction
§ 2. General characteristics of the political
	and legal thought of Kievan Rus
§ 3. Political ideas in the work of Hilarion
	"Word of Law and Grace"
§ 4. Political ideas of Vladimir Monomakh
§ 5. Legal ideas of legal monuments of Kievan Rus
§ 6. Conclusion
	7. Political and legal thought
Moscow state
§ 1. Introduction
§ 2. Formation of political ideology
	Moscow state
§ 3. Political and legal ideas of "non-covetousness"
§ 4. Political and legal doctrine of Joseph Volotsky
§ 5. The political theory of Ivan IV
§ 6. Political ideas of Andrei Kurbsky
§ 7. Political and legal ideas of I. S. Peresvetov
§ 8. Conclusion
	8. Political and legal doctrines
in Western Europe in the 16th century
§ 1. Introduction
§ 2. N. Machiavelli's doctrine of the state and politics
§ 3. Political and legal ideas of the Reformation
§ 4. The theory of state sovereignty.
	The political doctrine of J. Bodin
§ 5. Political and legal ideas of early communism.
	"Utopia" T. Mora. "City of the Sun" T. Campanella
§ 6. Conclusion
	9. Political and legal doctrines in Holland
and England during the early anti-feudal revolutions
§ 1. Introduction
§ 2. The theory of natural law.
	The doctrine of G. Grotius on law and the state


§ 3. The doctrine of T. Hobbes on the state and law
§ 4. The main directions of the political
	and legal ideology during the English Revolution
	and civil war
§ 5. The theory of natural law B. Spinoza
	Rationale for the "Glorious Revolution" of 1688
	in the teachings of J. Locke on law and the state
	Conclusion
	10. Political and legal thought of Russia in the XVII century.
	Introduction
§ 2. Political and legal ideas in the first half of the 17th century

§ 3. Political and legal ideas of Patriarch Nikon

and Archpriest Avvakum: political and legal ideology

	church schism
§ 4. Conclusion
	11. Political and legal teachings of German
and Italian Enlightenment XVII-XVIII centuries
§ 1. Introduction
§ 2. Natural law theories in Germany
§ 3. Legal theory C. Beccaria
§ 4. Conclusion
	12. Political and legal doctrines in Russia
in the first half of the 18th century.
§ 1. Introduction
§ 2. Development of the official doctrine of autocratic power. . . . 240
§ 3. The political doctrine of Feofan Prokopovich
§ 4. Political and legal ideas of V. N. Tatishchev
§ 5. Political and legal ideas of I. T. Pososhkov
§ 6. Conclusion
	13. Political and legal doctrines
in France in the 18th century
§ 1. Introduction
§ 2. Political and legal program of Voltaire
§ 3. Montesquieu's doctrine of laws and the state
§ 4. The theory of popular sovereignty J.-J. Rousseau
§ 5. Political and legal teachings of communism
	in pre-revolutionary France
§ 6. Political and legal ideology of France in the period
	great revolution
§ 7. Problems of state and law in documents
	"Conspiracy for Equality"


§ 8. Conclusion
	14. Political and legal doctrines in the USA
during the struggle for independence
§ 1. Introduction
§ 2. T. Payne on the state and law
§ 3. Political and legal views of T. Jefferson
§ 4. Views of A. Hamilton on the state and law
§ 5. Conclusion
	15. Political and legal doctrines in Russia
in the second half of the 18th century
§ 1. Introduction
§ 2. Development of the official doctrine of autocratic power.
	The ideology of "enlightened absolutism"
§ 3. Political and legal ideas of M. M. Shcherbatov
§ 4. Political and legal ideas of A. N. Radishchev
§ 5. Conclusion
	16. Political and legal doctrines
classics of German philosophy of the late 18th - early 19th centuries
§ 1. Introduction
§ 2. I. Kant's doctrine of law and the state
§ 3. Hegel's doctrine of the state and law
§ 4. Conclusion
	17. Reactionary and Conservative
political and legal doctrines in Western Europe
late 18th - early 19th century
§ 1. Introduction
§ 2. Reactionary political and legal doctrines
	in France, Switzerland, Austria
§ 3. Traditionalism of E. Burke
§ 4. Historical school of law
§ 5. Conclusion
	18. Bourgeois political and legal ideology
in Western Europe in the first half of the 19th century
§ 1. Introduction
§ 2. Liberalism in France. Benjamin Constant
§ 3. Liberalism in England. Views of J. Bentham
	on the state and law
" § 4. Legal positivism. J. Austin

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

§ 2. The concept and structure of political and legal doctrines

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

§ 4. The content of the history of political and legal doctrines

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

§ 1. Introduction

§ 2. Political and legal ideology of Ancient India

§ 3. Political and legal thought of Ancient China

§ 4. Conclusion

Chapter 3. Political and Legal Doctrines in Ancient Greece

§ 1. Introduction

§ 2. Development of democratic doctrines. Senior Sophists

§ 3. Political and legal teachings of the aristocracy. Plato and Aristotle

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

§ 5. Conclusion

Chapter 4. Political and Legal Doctrines in Ancient Rome

§ 1. Introduction

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

Roman jurists

§ 3. Political and legal ideas of early Christianity

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

§ 5. Conclusion

Chapter 5. Political and Legal Doctrines in Western Europe during the Middle Ages

§ 1. Introduction

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

§ 3. Political and legal ideas of medieval heresies

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

§ 5. Conclusion

Chapter 6. Political and legal doctrines in the countries of the Arab East during the period

Middle Ages

§ 1. Introduction

§ 2 Political and legal directions in Islam

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

§ 4. Conclusion

Chapter 7 the development of feudalism and the formation of a unified Russian state

§ 1. Introduction

§ 2. Political and legal ideas of Ancient Russia

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

§ 4. Political ideology of the struggle against feudal exploitation

§ 5. Conclusion

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

§ 1. Introduction

§ 2. N. Machiavelli's doctrine of the state and politics

§ 3 Political and legal ideas of the Reformation

§ 4. Political ideas of the tyrants. Etienne de La Boesie

§ 5 Theory of state sovereignty. The political doctrine of J. Bodin

§ 6. Political and legal ideas of early socialism. "Utopia" by Thomas More. "City

Sun" Tommaso Campanella

§ 7. Conclusion

Chapter 9 bourgeois revolutions

§ 1. Introduction

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

state

§ 3. The main directions of political and legal ideology during the period of the English

bourgeois revolution of 1642-1649.

§ 4. Theoretical substantiation of democracy. B. Spinoza

§ 5. Justification of the "Glorious Revolution" of 1688 in the teachings of J. Locke on law and

state

§ 6. Conclusion

Chapter 10. Political and Legal Teachings of the German and Italian Enlightenment

XVII-XVIII centuries.

§ 1. Introduction

§ 2. Natural law theories in Germany

§ 3. Legal theory C. Beccaria

§ 4. Conclusion

Chapter 11 absolutism

§ 1. Introduction

§ 2. Political and legal ideology of the feudal defenders of absolutism

§ 3. Political and legal ideology of the merchants. I.T. Pososhkov

§ 4. Conclusion

Chapter 12 § 1. Introduction

§ 2. Political and legal program of Voltaire

§ 3. The doctrine of C. Montesquieu on the state and law

§ 4. Political radicalism J.-J. Rousseau

§ 5. Political and legal teachings of socialism and communism in the pre-revolutionary

France

§ 6. The main directions of political and legal thought during the Great French

revolution

§ 7 Problems of state and law in the documents of the "Conspiracy for Equality"

§ 8. Conclusion

Chapter 13 § 1. Introduction

§ 2. T. Payne on the state and law

§ 3 Political and legal views of T. Jefferson

§ 4. Views of A. Hamilton on the state and law

§ 5. Conclusion

Chapter 14 strengthening of the noble monarchy (second half of the 18th century)

§ 1. Introduction

§ 2. The ideology of "enlightened absolutism"

§ 3. Political and legal ideology of the feudal aristocracy

§ 4. Political and legal ideas of the emerging enlightenment and liberalism

§ 5. Political and legal ideology of peasant movements

§ 6. A.N. Radishchev on law and state

§ 7. Conclusion

Chapter 15 XVIII - early XIX century.

§ 1. Introduction

§ 2. I. Kant's doctrine of law and the state

§ 3. Hegel's doctrine of the state and law

§ 4. Conclusion

Chapter 16 Europe in the late 18th - early 19th century.

§ 1. Introduction

§ 2. Reactionary political and legal doctrines in France, Switzerland, Austria

§ 3. Traditionalism of E. Burke

§ 4. Historical school of law

§ 5. Conclusion

Chapter 17. Bourgeois Political and Legal Ideology in Western Europe First

half of the 19th century

§ 1. Introduction

§ 2. Liberalism in France. B. Constant

§ 3. Liberalism in England. I. Bentam's views on law and the state

§ 4. The emergence of legal positivism. J. Austin

§ 5. The theory of "above-class monarchy" L. Stein

§ 6. Political and legal doctrine of Auguste Comte

§ 7. Conclusion

Chapter 18. Socialist political and legal ideology in Western Europe in

first half of the 19th century

§ 1. Introduction

§ 2. Political and legal ideas and theories of collectivists and communists of the first

half of the 19th century

§ 3. Conclusion

Chapter 19 autocratic feudal system

§ 1. Introduction

§ 2. Liberalism in Russia. Projects of state reforms by M.M. Speransky

§ 3. Protective ideology. Political and legal ideas of N.M. Karamzin

§ 4. Revolutionary ideology. Political and legal ideas of the Decembrists

§ 5. Political and legal ideology in Russia in the 30-50s. 19th century

§ 6. Conclusion

Chapter 20. Bourgeois Political and Legal Doctrines in Europe in the Second Half

19th century

§ 1. Introduction

§ 2. Legal positivism

§ 3. Sociological concepts of state and law

§ 4. Political and legal ideology of liberalism in Russia

§ 5. Conclusion

Chapter 21. Socialist political and legal ideology in the second half of the 19th century.

§ 1. Introduction

§ 2. Political and legal doctrine of Marxism

§ 3. Political and legal doctrine and the program of social democracy

§ 4. Political and legal ideology of anarchism

§ 5. Political and legal ideology of "Russian socialism" (populism)

§ 6. Conclusion

Chapter 22. Political and legal doctrines in Europe at the beginning of the 20th century.

§ 1. Introduction

§ 2. Socialist political and legal doctrines

§ 3. Political and legal doctrine of solidarism

§ 4. Neo-Kantian concepts of law. R. Stammler

§ 5. Psychological theory of law

§ 6. School of "free law"

§ 7. Conclusion

Chapter 23 § 1. Introduction

§ 2. Neoliberalism and conservatism

§ 3. Concepts of pluralistic democracy

§ 4. Concepts of the welfare state and welfare policies

§ 5. The theory of "democratic socialism"

§ 6. Modern Western political science

§ 7. Sociological jurisprudence

§ 8. G. Kelsen's normativism

§ 9. Theories of natural law

Conclusion

The existence and competition in the public consciousness of several ideals and political and legal doctrines constructed in accordance with them is the most important means of orienting a person in political life civil society. The history of political and legal doctrines shows us that the theoreticians of the state and law of different eras have developed a number of conclusions and provisions that do not go beyond empirical, descriptive science, but are of enduring importance for a state-organized society, including modern.

Leist O. History of political and legal doctrines

CONCLUSION

Political and legal doctrines have gone through a centuries-old path of development. At first they were an organic part of religion, philosophy, a general view of the world, as something opposed to man. But already in ancient world there was a desire to comprehend the state and law as a creation of human art, subject to social needs. A powerful impetus to the development of the doctrine of the state and law was given by the Renaissance. The liberation of the mind from the fetters of medieval dogmatism, the paramount interest in truly human problems were expressed in a variety of political and legal doctrines, which for the first time in history raised and in the spirit of the time decided the question of the legal equality of all people, their freedom and natural rights. After the bourgeois revolutions, the rapid development of civil society, freed from feudal fetters, showed that the legal equality of people is not enough, material guarantees of rights and freedoms, social security of the individual are necessary. At the same time, the limitations of the theoretical solution of political and legal problems from the standpoint of rationalism and individualism, the need to study the state and law in connection with the socio-economic structure and the level of development of the culture of society, were revealed.

In the process of development and change of political and legal doctrines, the historical fates of the three inherent in them were different. structural elements- philosophical and methodological basis, theoretical content and program requirements.

At all stages of the history of political and legal doctrines, each of the political and legal doctrines bore a clear imprint of the specific historical conditions of the country and era, the political likes and dislikes of the author of the doctrine and his associates. Therefore, the specific political programs contained in the doctrines were transient and in the new historical conditions were replaced by other political and legal requirements focused on new ideals.

With the development of universal culture and worldview systems, the methodological basis political and legal doctrines. The abstract nature of the philosophical and methodological premises of the political and legal ideology made it possible to use them to substantiate sometimes opposite program requirements. The religious attitude to the state was for many centuries the basis of conservative and reactionary political and legal programs; but the programs of democracy were also justified by references to God's providence: "All power is from God, I admit it," Rousseau wrote, "but also any illness is from him; does this mean that it is forbidden to call a doctor?" The study of the nature of individuals and their relations provided a logical argument for both the authoritarian doctrine of Hobbes and the democratic theory of Spinoza. Saint-Simon's conclusions about the coming absorption of politics by the economy, Comte's barracks sociocracy project, and Spencer's individualistic ideals were substantiated by references to the patterns of development of industrial society. Moreover, the methodology itself had a historically transient character, being part of the worldview of the era.

The theoretical study of the state and law, as noted, scientifically did not go beyond the empirical, descriptive, classification science. And yet it was precisely the theoretical problematics that remained the most stable element of political and legal doctrines. The most important part of this problem has always been questions about the relationship between the people and the state, the state and society, law and the state, politics and morality, the state, law and the history of mankind. In any approach to solving these problems, the main thing was and remains the definition of a person's place in the system of political and legal institutions.

In the countries of the Ancient East and even more so in the ancient world, theoretical basis overcoming views on the state and law as something supernatural. Such are the arguments of ancient thinkers about politics as an art, about law as an expression of the interests of the people, aphoristic judgments "man is a political being", "the state is a people's business." At the same time, the ideas of democracy arose, the idea of \u200b\u200bsubordinating the state to the law, the projects of a "mixed republic", which makes it possible different parts people (excluding slaves) to take part in political activity.

But in the ancient world, the foundations of opposing views on the state, politics, and law were formed. The logically simple and attractive idea of the rule of the skilled, knowledgeable, wise in the specific historical conditions of its time was a means of substantiating the claims of the landowning aristocracy to monopoly power, and in general historical terms it acted as one of the main weapons of the ideological struggle against democracy, for technocracy and oligarchic rule. The recognition of politics as art was sometimes accompanied by arguments about the inaccessibility of this art to the vast majority of people, about political activity as a vocation and destiny only for a narrow circle of rulers. The tempting idea of the rule of law, combined with conservative plans to strengthen land tenure based on the labor of slaves, turned into projects of a totalitarian society and state.

The confrontation between democratic, liberal, humanistic ideas, on the one hand, and ideas that justified the removal of the people from power, legal inequality, the privileges of those in power, the predominance of arbitrariness over the law or a totalitarian regime, on the other, runs through the entire history of political and legal doctrines.

The history of political and legal doctrines shows that an important indicator of the degree of freedom and democracy of a particular society and state is the state of political and legal thought.

Caste, despotic, totalitarian societies and states are characterized by the existence and spread of one political doctrine and the persecution of dissent. This doctrine is apologetic; its program part is focused on the preservation of the existing socio-political system and is permeated with motives of social mythology, it promises the "kingdom of God" in heaven or the creation of a society of universal prosperity on earth. As a rule, the content of such doctrines is based on faith, and not on a system of logical evidence. It is expressed not so much in terms that reflect the real socio-political reality, but in terms-symbols designed to justify the immutability of the foundations of the existing society, state and law. In caste, despotic and totalitarian societies and states, political rhetoric is religious, pseudo-democratic or scientific in nature. In political and legal doctrines, references to the will of God or the people, to the common good, to learning or wisdom are typical. ruling persons. Typical statements are that such a state is ruled by "God's anointed one", "divine emperor", "council of the wisest", "leader of the nation", "wise and great leader of the people", "the greatest commander of all times and all peoples". The state is called "divine institution", " people's democracy"," the state of the whole people", and the law - "the embodiment of the will of the people", "divine law".

Monopoly existence of the official political and legal doctrine elevated to the level state religion, is ensured by the persecution of those who doubt its truth or think differently than prescribed by the state, the dominant church or the ruling party. The ideological struggle against freethinkers and their ideas is carried out not through open discussions, an exchange of arguments based on logical and theoretical arguments, but through threats, intimidation, and political accusations. The political rhetoric of totalitarianism is characterized by the use of label terms, words that are cut off from the actual origin and content of the concepts that they originally designated, and used to create the image of "enemy of the nation", "renegade", "enemy of the people". Such, for example, are the terms "heretic", "schismatic", "sectarian", "suspected", "dissident", "opportunist", "extremist", "reformist", "demagogue", "compromiser", "revisionist", " freethinker", "dogmatist", "rebel", etc. Used in an aggressively accusatory tone, characteristic of the ideologists of totalitarianism, these terms-labels become a political accusation, excluding normal controversy and discussion.

The political and legal ideology of totalitarianism allows neither free thought nor open discussion. This is natural, since caste, despotic, totalitarian societies and states are characterized not by diversity, but by artificially implanted unity, not by the free development of thought, but by dogmatism and blind faith, not by respect for human reason and truth, but by their rejection, fundamental alogism, limitation of thinking. interpretation sacred books, sayings of leaders, decisions of church and party councils.

The natural state of ideology in a democratic society, where there is no persecution of free thought, is the diversity of political and legal doctrines, due to the competition of several socio-political ideals. These ideals, oriented towards achieving some social goal, are the source of social and political activity of people, their associations, social groups, classes. The content of ideals is determined not only by the economic interests of social communities, but also by religious motives, moral standards, the ideas of humanism, patriotism and other ideological constructions.

Brief lecture notes

Compiled by: Art. teacher Garbuzova E.V.

TOPIC 1. SUBJECT AND METHODOLOGY OF THE HISTORY OF POLITICAL

AND LEGAL DOCTRINES

1. The subject and method of the history of political and legal doctrines;

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

1. The subject and method of the history of political and legal doctrines.

The history of political and legal doctrines is a science that can be attributed to the theoretical and historical legal sciences.

The history of political and legal doctrines is closely connected with general theory law, the constitutional law of foreign countries, the history of state and law, the philosophy of law, the history of philosophy.

As an independent science The history of political and legal doctrines was formed in 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 the 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 view 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 various countries.

The specifics of the history of political and legal doctrines:

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

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

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

The structure of the political and legal doctrine includes 3 elements:

1. the theoretical content of the doctrine - a system of conclusions and provisions that consider 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 evaluated;

3. doctrinal basis - a set of techniques and ways of knowing and interpreting the 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) the prehistory of science - 4 millennium BC. – 18th 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 the state and law was expressed in a religious-mythological form; with the development of a rationalistic explanation of reality, the doctrine takes the form of philosophical and ethical theories.

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

3) the 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 the 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 that dominate in a certain period of time; establishes the logic of the development of the doctrines of the state and law;

Sociological - determines the social factors, the conditions of society that gave rise to a particular doctrine, and also how this doctrine influenced the life of society;

Normative-value - defines the ideals and values that underlie the doctrine.

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. 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.

(c. 460-400 BC) Thucydides is a famous ancient Greek historian and politician. Born in Athens in an aristocratic family. He studied with the best teachers of his time: Anaxagoras, Protagoras, Gorgias. Despite the belonging of his relatives to the oligarchic party, he joined the democratic group of Pericles. He was a participant in the Peloponnesian War (431-404 BC) between the Peloponnesian Union led by Sparta and the Athenian Maritime Union. During one of the battles (423 BC), Thucydides, being the commander of a squadron of ships, could not provide timely assistance to the allied Thracian policy of Amphiopolis, which fell under the blows of the Spartans. For this, he was sentenced to life exile from Athens, to which he could return only after twenty years. In exile, Thucydides wrote the History, which tells about the war between the Spartans and the Athenians for hegemony in Hellas. He became the first of the ancient Greek historians who, renouncing myths (as Homer and Herodotus wrote before him), presented history as a chain of political events and military clashes, as political process. History [Speech of Pericles] I will begin first of all with the ancestors. Indeed, both justice and decency command us in these circumstances to pay tribute to their memory. Our ancestors always invariably lived in this country and, passing it on from generation to generation, with their valor preserved its freedom until our time. And if they are worthy of praise, then our fathers are even more worthy of it, who, having multiplied the heritage of their ancestors with their labors, created such a great power as we own, and left it to us, the living generation. And we ourselves, who have now reached a mature age, strengthened its power even more. We have made our city completely independent, supplying it with everything necessary both in case of war and in Peaceful time. The military exploits that both we and the fathers accomplished, conquering various lands or staunchly defending themselves in wars with barbarians or Hellenes, are well known, and I will not expand on them. But before I start praising the fallen, whom we bury here, I want to talk about the structure of our city, about those of our establishments in the way of life that led it to its present greatness. I believe that today it is appropriate to remember this, and it will be useful for all citizens and foreigners gathered here to hear about it. For our state structure we did not take any foreign institutions as a model. On the contrary, we ourselves set an example to others, rather than imitate anyone in anything. And since our city is governed not by a handful of people, but by the majority of the people, our political system is called people's rule. In private matters, everyone enjoys the same rights under the laws. As for state affairs, everyone is nominated to honorary state positions on their merit, since he has distinguished himself in some way, not because of belonging to a certain class, but because of personal valor. Poverty and dark origin or low social status do not prevent a person from occupying an honorary position if he is able to render services to the state. In our state we live freely and in Everyday life we avoid mutual suspicions: we do not harbor hostility towards a neighbor if he follows personal inclinations in his behavior, and we do not show him, although harmless, but painfully perceived annoyance. Tolerant in their private relationships, public life we do not break the laws, mainly out of respect for them, and we obey the authorities and laws, especially those established for the protection of the offended, as well as unwritten laws, the violation of which everyone considers shameful. We have introduced many different entertainments to rest the soul from labors and worries; from year to year we repeat games and festivities. The decency of a home environment is a pleasure and helps to dispel the worries of everyday life. And from all over the world to our city, thanks to its greatness and significance, everything necessary flocks to the market, and we use foreign goods no less freely than the products of our country. In military affairs, we are guided by different rules than our opponents. So, for example, we allow everyone to visit our city and never prevent them from getting acquainted and inspecting it, and we do not expel strangers for fear that the enemy can penetrate our secrets and benefit for themselves. After all, we rely mainly not so much on military preparations and cunning, as on our personal courage. While our adversaries, with their method of education, strive from early childhood to temper the courage of young men with cruel discipline, we live freely, without such severity, and nevertheless we wage a brave fight against our equal adversary. And here is the proof of this: the Lacedaemonians do not invade our country alone, but with their allies, while we only ourselves attack the neighboring lands and usually overcome them without much difficulty, although their soldiers fight for their property. The enemy has never dealt with all our military might, since we always had to simultaneously take care of the crew for the ships and send our soldiers on land to different parts. Should the enemies in a skirmish with our detachment win somewhere, they already boast that they put the whole Athenian army to flight; so in case of failure, they always assure that they have yielded only to all of our military power. If we are ready to meet dangers rather by our own vivacity than by force of the habit of painful exercises, and rely not on the prescription of the law, but on innate courage, then this is our advantage. We are not alarmed in advance by the thought of future dangers, and in experiencing them we show no less courage than those who are constantly subjected to exhausting labors. This, like many others, our city and is surprising. We develop our inclination to the beautiful without extravagance and indulge in the sciences without detriment to the strength of the spirit. We value wealth only because we use it for good, and not for the sake of empty boasting. The recognition of poverty in our country is not a disgrace to anyone, but we see a greater shame in the fact that a person himself does not seek to get rid of it by labor. The same people in our country are simultaneously busy with both private and public affairs. However, the rest of the citizens, despite the fact that everyone is busy with their craft, are also well versed in politics. After all, we alone recognize a person who does not social activities, not a well-meaning citizen, but a useless layman. We do not think that open discussion can harm the course of public affairs. On the contrary, we consider it wrong to make the right decision without pre-training through speeches for and against. Unlike others, we, having courage, at the same time prefer to think carefully about our plans, and then take risks, while in others, ignorant narrow-mindedness breeds bold courage, and sober calculation - indecision. Only those who have a complete understanding of both sorrowful and joyful, and it is precisely because of this that they do not avoid dangers, should be recognized as truly valiant with full right. We understand kindheartedness differently than most other people: we get friends not by what we receive from them, but by what we show them manifestations of friendship. After all, he who has rendered a service to another is a more reliable friend, as he tries to support well-deserved gratitude with further services. On the contrary, a person who has been blessed is less zealous: after all, he understands what he is doing. good deed not out of love, but out of duty. We are the only ones who, not for our own benefit, but trusting in free inclination, help others. In a word, I affirm that our city is the school of all Hellas, and I believe that each of us, on his own, can manifest his personality with ease and grace in the most diverse living conditions. And the fact that my statement is not empty boasting in today's situation, but the true truth, is proved by the very power of our city, achieved thanks to our way of life. Of all modern cities, only our city is even more powerful than its fame goes, and only it alone will not make the enemy resent that he is in distress from such an adversary as we are, and those subject to us complain about the insignificance of the rulers. With such great deeds, we witnessed the power of our city to the surprise of contemporaries and descendants. Published according to the ed.: Thucydides. Story. M., 1993. S. 79-82.