Basic theory of the origin of law

The question of what became the source and prerequisite for the emergence of the state and law, still concerned ancient thinkers. Religious figures and psychologists, sociologists and economists, Marxists and nationalists, liberals and conservatives expressed their own theories of the origin of law. It is hardly possible to capture all this diversity without a long study of various concepts of the historical process and the phenomenon of the state. However, you can try to consider the maintheory of the origin of lawtheory of the origin of state and law. So, what are they?

Basic theory of the origin of law

Theological theory

For a long time, this divine theory dominated the world in one form or another. It proceeds from the fact that law and the state were created by God (or gods) and presented to people to make their lives easier in accordance with religious norms and regulations. Thus, the rulers of the whole world for thousands of years confirmed the legitimacy of their power by the fact that it was granted by heaven.And such a right was highly authoritative.

Natural Theory of Law

There were several of them at once. Their authors were Thomas Hobbes, John Locke, Hugo Grotius and other thinkers of the New Age. They had a number of differences, but the natural theory is based on the idea that the state comes frombasic theory of the origin of state and lawcalled the social contract between the people and the ruler, as a result of which a part of the rights of citizens / nationals of the state belonging to them by birth were delegated to the latter. That is, the rights to life, freedom of voice and choice, and other rights are natural for a person from birth. This program was necessary for effective public functioning and management, which personified power. However, the excess of power by the government gives the people the right to revolt.

Violent theories of the origin of law and the state

Different versions of this concept were developed by E. Dühring, K. Kautsky and L. Gumplowicz. According to her, the state is the result of the conquest and subordination of the weak by the strong and in the further imposition of the apparatus of coercion.These theorists did not see the state as a result of the internal development of society, but as the need to keep the conquered tribes under control.

Psychological theory of the origin of law and the state

Also represent a collection of similar in spirit concepts. According to them, it was the human psyche with its desire to live in a team, a subconscious search for authority, the desire to obey and command the driving force in the creation of the state. However, it should be noted that these concepts frankly ignore important socio-economic factors.

Class schoolmain theories of the origin of law

The key authors of this theory were Marx, Engels and Lenin. They saw the history of human society as the history of the class struggle in which the oppressors and the oppressed were in a state of constant antagonism. Political power has become an instrument of coercion of the masses and the use of their potential in the interests of the upper class. The strength of this concept is the serious elaboration of economic factors for the development of society (the nature of the production process is one of the bases of the Marxist theory).In addition to the above, there are also a number of marginal theories: racist, demographic (the state is the result of population growth) and others.



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