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доц. Пробейголова Н.
State as an Institution of Political System Outline The origin and essence of the state Forms of government and state structure
Patriarchal theory. (Sir Robert Filmer) According to this theory the state originated from the family, that had overgrew.
This theory asserted the divine origin of the state. Its sources are found in the ancient works of some thinkers of the Middle and Far East. Theocratic theory (Thomas Aquinas*)
The state arises as a result of the conquest and enslavement of the weak groups and communities by the stronger and more organized ones, in particular the submission of the agricultural tribes by bellicose nomadic tribes. Violence theory (E. Duhring, L. Gumplowich)
This theory is also named as the social contract theory. Contractual theory (G. Grotsiy, J. Locc, G. Rousso)
Marxist or social and economic theory (K. Marx, F. Engels, V. Lenin) The state arises as a result of the split of the society into classes and the appearance of the private property
The State is an organization that was formed to manage society by selected people Psychological (L. Petrazhitsky)
The elements of the state: sovereignty Territory the special system of bodies and establishments that carry out the power the law the right
The functions of the state Political function Organizational-administrative function Cultural and educational function. It contains the following components Law enforcement function Economic function Social function Ecological function National integrity function Demographic function
THE LEGAL STATE is the state in which rights and individual freedoms, the principles of the mutual responsibility are not only proclaimed but also ensured and realized
The social state is a state that can ensure to the citizens the desered conditions of life, labours, social defence and possibilities for self-realization.
Point 2. Forms of government and state structure
Republic is the form of government under which the higher state authorities are elected by people for a definite term. A presidential republic is characterized by the fact that a president combines the plenary powers of the head of the state and the head of government. A parliamentary republic is characterized by the principle of supremacy of the parliament; the government is formed by the parliamentary majority.
The mixed (semipresidential) republic is characterized by the double liability of the government: it is responsible to the president and to the parliament. The unitary state is characterized by the concentration of the power in the central organs of government.
The federal state is the state formed as the union of a few territorial units. Confederation is another form of the state pattern. Confederation is a union of independent, sovereign states and is created on basis of the agreement with the purpose of common problems and tasks solution, pursuing a common policy in definite areas.
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Point 1. The origin and the essence of the state
The origin of the state, its essence, the mechanisms of the functioning are the most complex Political Science problems, that are important from the point of view of the development of the society andpolitical system on the whole. This is connected with the concentration of the complex of the economic, social and political interests of the different social groups as well as the contradictions, that arise between them, in the state.
In the primitive society there was neither state nor any political system. The problems that arose including contradictions between the members of the society, by force and authority of the tribe leaders and on the basis of the savage customs. However the subsequent development of the society started to require the adequate solution of many common problems, in particular the defence of external enemies, the protection of the property and so on. With the decay of the primitive communities and strongtribal relationships it was necessary to create the special organizational structures and governing bodieswithin the scope of the social life of the definite separate community.
Simultaneously with the appearance of the slavery society came the differentiation of the social structure of the society, accelerated due to the appearance of the social division of labor. The new social groups and strata with the specific interests and needs arose. An urgent necessity in creation of the effective mechanism of regulating of the mutual relations between different social groups and supporting of relations of private and collective property appeared with the uprisal of private property.
The STATE isthe main institution ofthe political system,organizes, directs andcontrols thejoint activitiesand relationshipsof individuals, social groups and classes.
There is a great variety of the approaches and theories relative to the origin of the state:
Patriarchal theory. (Sir Robert Filmer*) According to this theory the state came from the family, that had overgrew. The expanding of the family took place due to the uniting of the clans in to tribes, tribes in to large communities, up to the state institutions. In such state the role of the father is executed by a monarch, role of children - by his subordinates. The care about his subordinates is the task of the monarch, in the same time, the subordinates are to obey him. The Aincient Chinese thinker Confoutsiy, the aincient Greek philosopher Aristotel, the aincient Rome thinker and statesman Ciceron, the English scientist of the XVIIIth century R. Filmer were the representatives of this theory.
* Sir Robert Filmer (1588 – 26 May 1653) was an English political theorist who defended Divine rights absolute monarchy. His best known work, Patriarcha, published posthumously in 1680, was the target of numerous Whig rebuttals, including Algernon Sidney's Discourses Concerning Government, James Tyrrell's Patriarcha Non Monarcha, and John Locke's Two Treatises of Government. Filmer also wrote critiques of Thomas Hobbes, John Milton, Hugo Grotius, and Aristotle.
Theocratic theory. (Thomas Aquinas*) This theory asserted the divine origin of the state. Its sources are found in the ancient sources of the Middle and Far East. This theory supported the absolute power of rulers, including the representatives, the church and the necessity ofobeying their decisions for ages.
*Thomas Aquinas, O.P., also Thomas of Aquin or Aquino, was an Italian Dominican priest of the Catholic Church, and an immensely influential philosopher and theologian in the tradition of scholasticism, known as Doctor Angelicus, Doctor Communis, or Doctor Universalis. "Aquinas" is not a surname (hereditary surnames were not then in common use in Europe), but is a Latin adjective meaning "of Aquino", his place of birth. He was the foremost classical proponent of natural theology, and the father of Thomism. His influence on Western thought is considerable, and much of modern philosophy was conceived as a reaction against, or as an agreement with his ideas, particularly in the areas of ethics, natural law, metaphysics, and political theory.
Violence theory. (E. Duhring, L. Gumplowich*) The state arises as a result of the conquest and enslavement of the weak groups and communities by the stronger and more organized ones, in particular the submission of the agricultural tribes by bellicose nomadic tribes. Hereupon the winners found the special institution - the state that includes the governing bodies that rule over the defeated. The austrian scientist Goumplovich belongs to the representatives of this theory.
*Carl Eugene Duhring (12 January 1833, Berlin - September 21, 1921, Novaves, near Potsdam) - German philosopher, was also engaged in issues of political economy and law. Duhring got some ideas spread among the German Social-Democracy. Sociological concept is based on the Duhring idealist view according to which the cause of social inequality, exploitation and poverty is violence. The socialist transformation of society by Duhring, should preclude a revolution and go in a spirit of petty-bourgeois socialism of Proudhon, through co-operation of small producers. Duhring was a proponent of teaching American economist Henry Charles Carey. He railed against the political economy of Marxism, dialectical materialism and scientific socialism.
*Gumplowicz(Gumplowich)Ludwig (1838-1909) - Polish-Austrian sociologistandlegal scholar, a teacher at universities inKrakowandGraz, theauthorof many sociologicaland legalpapers, the founder of the theory of "social conflict", "ethnocentrism" ... According to theLAGumplowicz, the state appearsin the courseof historical development,as a result ofcombatraces (sometimes he talks aboutthe struggleof tribes orhordes). It arisesby forceof conquest andsubjugationof one raceon the other.
Contractual theory. (G. Grotsiy, J. Locc, G. Rousso*) This theory is also named the social contract theory. Accoding to this theory the state arises due to the disposition of the people to the concerted actions which led to the agreements about the conscious self-restraint of their freedoms and rights for the sake of the common interests and the safety of coexistence. The agreement is made between rulers and subordinates with with the view of the organizing and arranging of the social life. In this regardthe state is an organ of the common reconciliation of people, for whom the conflict is natural. This point of view were suppored by such scientists as G. Grotsiy.-J. Rousso, T. Gobbs, D. Didro and others.
*A Dutch lawyer, political thinker and historian Gougo Grotsiy, was one of those scientists, who tried to release political thought from theology. He acknowledges a right divine and right a still human. This approach from the point of view history terms of that time was a step ahead, which releases a man from hegemony of franchise right, that is given by a church. The world view rationalism is the basis of political doctrine Grotsiya. To settle political conflicts a mind must. He is a supreme judge, and not divine providence.
*John Locc goes out in the scientific constructions from the theory of the natural state of people and contractual origin of the state. He defends a peculiar, money economy and economic policy which encouraged development of trade and industry. The state is to provide blessing of the natural state and guard basic human rights: right to the life, individual freedom and peculiar.
*The problem of inequality between people comes forward the central reason of his study. He saw its root in the region of public development. Understood social inequality Rousso as inequality property, that is related to the peculiar. Rousso is the author of conception of public agreement which association of even and free individuals is created on the basis of. Thus peoples are the supreme ruler of society (by souverenom).
Marxist or social and economictheory. (K. Marx, F. Engels, V. Lenin) The state arises as a result of the split of the society into classes and the appearance of the private property. This split happened as a result of the division of labor. At first, in primitive society, there was the common property, joint labour and economy. The equal attitude of the members of the primitive community toward tools predetermined the collective principles of coexistence. Afterwards the division of labor, particularly the separation of the agriculture from the cattle breeding, entailed the surrender of property from parents to the children. The peasant community based on a private property was created, that resulted in economic inequality, strengthening of the power of the leaders and acquisition of signs of its heredity.The dissidence of society on two opposite task forces became a reason, in opinion of the admirers of the class approach, of the origin of definite organization - the state which would be an instrument in the hands of rich classes for the subsequent oppression of the poorest layers. Consequently the apologists of the Marxist theory, in particular V. Lenin, determined the state notonly as the institute of the political system that governs the society, but also as an institute of class domination and machine for oppression of one class other.
*Karl Heinrich Marx (German: 5, 1818, Trier, Prussia - 14 March 1883, London, UK) - German philosopher, sociologist, economist, political journalist and social activist. His work has shaped the philosophy of dialectical and historical materialism, in economics - the theory of surplus value in the policy - the theory of class struggle, which resulted in his view there is the state. These areas became the basis of communist and socialist movements and ideologies, is known as "Marxism."
*Engels, Friedrich The German philosopher, social activist, one of the founders of Marxism. Friedrich Engels was born November 28, 1820 in Barmen (now Wuppertal), in the family textile manufacturer. Engels, like Marx, is one of the founders of the materialist conception of history. Engels and Marx jointly undertook the dialectical materialist processing of bourgeois political economy. Created with the dialectical materialism of Marx, the materialist conception of history and scientific communism, Engels, in a number of his works in a strictly systematic form set out as an integral world outlook of Marxism, has shown its component parts and theoretical sources. Developing with the doctrine of Marx's socio-economic formations, Engels revealed a number of specific patterns of primitive society, ancient and feudal societies, the emergence of these private property and classes of state formation. In his last years Engels devoted considerable attention to the relationship between the economic base, political and
*Vladimir IlyichUlyanov (Lenin alias, 10 (22) April 1870,Simbirsk- January 21,1924,ManorHills, Moscow Province) - Russian andSoviet politicalandworld statesman, revolutionary, founder ofthe Russian Social-Democratic Labour Party (Bolsheviks) one of the organizersand leaders ofthe October1917 revolution inRussia, Chairmanof the Councilof People's Commissars(the government) of the RSFSR, the creator of the first in thehistory of the worldsocialist state.Marxist, writer, founderof Marxism-Leninism, the ideologue and founderof the Third(Communist) International, thefounder of the Sovietstate.Scope ofmajorpolitical andjournalistic work- the theory andpractice ofsocialist revolution andbuilding socialismandcommunism, thepolitical economyof socialism.
Psychological (L. Petrazhitsky)
TheStateis an organizationthat was formedto managesociety byselected persons. This guideisnecessarybecause peoplehave a psychologicalneed forsupervision.
*After the October Revolution he emigrated to Poland, before his death he headed the department of sociology at Warsaw University. Science, in his opinion, should study this human participation in processes of social life, that is, the psychic activity of an individual nature. L. Petrazhitsky denied an objective, natural and historical character of social relations. The contents of any social phenomenon is not in the objective terms, "it really exists in the mind of someone who studied it, is experiencing at the moment." Policy should be based only on the basis of everyday life's ethics and psychology, a theoretical system which, in his opinion, the legislator can give money to influence the behavior of citizens by the rules affecting these or other mental strings.
Hence, two approaches to the explanation of the genesis of the state were developed: a non-class and class. Most of today's local and foreign experts believe that the emergence and existence of the state is not a direct result of the emergence of private property and division of society into classes. For example, in ancient Egypt and Babylon, Ancient China, the Israeli kingdom of David, the ancient societies in other countries, appearance of the state preceded the class differentiation of the population. A new experience is that with the approval of the civil society and rule of law, the latter turning into a transcending class, nation-wide institute, which is able to integrate, consolidate society, to play the role of an enabler of national interests, to ensure the integrity of the social system.
The tribal organization of the social life is a stage that developed into the state. Exactly a tribe which settled on definite territory becomes the organization of the state type. One of the criteria of the state organization, that replaced a tribal union, is the notion of a nation, and no tribe. There is no division of the population on the separate clans that originated with the common ancestors in the state. Afterwards the permanent stay on its territory regardless of the origin, of the tribe which first opened up this territory, becomes the basis of the belonging to the definite state. Unlike the old family and tribal signs, the state unites all the population by its power. The common language, culture, history tradition unite the offsprings of separate tribes into unity. The moment of the awareness of the belonging to this unity, that appears at thedefinite stage of the development of this society, becomes a factor, that unites the society andsupports constancy of his existence.
The history of the establishment and development of the state is a difficult, many- sided process that is peculiar in different regions of the Earth. However, in spite of the peculiarities inherent to different civilizations and epochs, the evolution of the state basically coincides for the majority of nations.
The historical types of the state were changing in the process of the development of the human society. The universal tendency of the development of the state is the gradual transformation of the state in the organ that reflects the general necessities and interests of all society.
The type of the state is determined by the type of the production relations, economic basis of society, by interests of one or another classe. The fundamental change of the form of government, political system and the complete transition from one social structure to another are basic principles of the evolution of the types of the states.
The slaveholding state was the first type of the state. It was represented by the unlimited dictatorship of slaveholder, reflected and protected their interests. In this state the slaves were not considered as people, but as a special breed of animals.
The second historical type of the state was the feudal state. Beside the slave-holding state it was considerably more difficult. First of all it concerned the management personnel, legal proceedings etc. A feudal law that took the serfs for inferior people protected the privileges of one estates and almost complete lawlessness of other. However the feudal lord had no authority to dispose of the life of the serfs. It was already a step forward in the social development.
The Middle ages and the beginning of the New Time, in particular for the European countries, were the periods of strengthening and centralization of the state power. The basis of this process were a gradual removal of the feudal division, liquidation of the polycentrism of the power, integration of the provinces around the center.
As a result of the gradual transformations of feudal society appears the third type of the state – the bourgeois state. It is characterized by the origin of the state-territorial organization of society with the well-organized apparatus of governance that had its employer-employee relations and functions in stead ofthe vassalage, the relations of the personal dependence.
The appearance of the bourgeois state became a considerable advancement of humanity on the way of progress. It was the factor of the liquidation of the class division, appearance of the constitutional right that regulated rights, freedoms and duties of citizens, in particular theprinciple of distribution of the functions of the power on legislative and judicial.
So what the state is and in what consists its essence? The state is the special form of the human community that has sovereignty and a definite structure and organization of political power and social process control on definite territory.
He essence of the state as a base institute of the political system consists in the adjusting and organization of the social life on the whole and realization of the political power by the elected part of the population in heterogeneous social space in oder to satisfy thepublic necessities, safeguardingof the integrity and safety of society.
Here are the important features and elements of the state:
1. Sovereignty. It means independence of the state in external affairs and supremacy in the internal affairs. In the state there is political sovereignty which makes all the decision that are compulsory for every member of society. The state expresses interests of all society, and not of the individual political forces.
2. Territory. It is the physical, material basis of the state, its spatial essence. The state territory is the part of dry land, bowels of the earth, air and water space, wre the power and laws of this state is in force. The state must care of territorial integrity and sovereignty.
3. The special system of bodies and establishments that carry out the power. They include the institutes of legislative, executive, judicial branches of power, power structures: army, guard of law and order, security services.
4. The law which fixes the system of the norms sanctioned by the state (laws and other legal normative acts) that are compulsory for all subjects of society.
5. The right to set and collect taxes from the population. The taxes are necessary for the material security of the public policy: economic, social, defensive and others, and also for maintenance of the state machine and citizens that do not produce material values and exist at the expense of the budgetary funds.
The fixing of the characters and elements of the state has not only theoretical, but also important practical sense. They allow not only to distinguish the state from other public organizations, but also to see in it the indispensable form of the existence and development of the communities in the modern civilization. The state is an international legal subject. Only the state characters and attributes allows it to be called the state and to have its own rights, duties and plenary powers.
The place and role of the state in the political system of society, and also its essence are determined by its functions.
The functions of the state are divided into internal and external.
The internal functions of the state are: political, organizational-administrative, cultural and educational, law enforcement, economic, social, ecological, national integrity, demographic.
1. Political function. It is relating to the preservation and strengthening of the effective political system, and social and political structure of society, ensuring political stability by the establishment of the relationships with political parties, public institutes and development of the program purposes and tasks of the development of society conducting the political course equitable to the interest of the state.
2. Organizational-administrative function. This function includes the realization of the plenary powers and administrative management that is manifested in the fulfillment of the decisions, forming and use of the cadres, realization of the measures on the coordination of activity ofdifferent elements of the mechanism of management and control.
3. Cultural and educational function. Contains the following component: arrangement of conditions for the satisfaction of the cultural necessities of the population, development of the system of education, possibility of the creative self-realization and involvement in the world cultural values, forming on this basis of the high spirituality and civicism.
4. Law enforcement function. The enforcement of law and legality, establishment of the legal norms compulsory for all the citizens and public agents.
5. Economic function. It is one of the main functions and it consists in the organization and adjusting of the economic processes, support of economic stability and creation of the stimuli for the subsequent growth of the economy. In the present conditions the participation of the state in the economic processes shows up in the development and realization of the tax policy, extension of credits, use of the corporate strategic planning etc.