- •Lecture 1. Bases of theory of the state plan
- •1. The basic theories of the state origin
- •2. Concept and attributes of the state
- •3. Functions of the state.
- •4. Mechanism and apparatus of the state.
- •5. Form of the state
- •Form of the state territorial system
- •Form of the state political regime
- •6. Legal state and civil society
Lecture 1. Bases of theory of the state plan
1. The basic theories of the state origin.
2. Concept and attributes of the state.
3. Functions of the state.
4. Mechanism and apparatus of the state.
5. Form of the state.
6. Legal state and civil society.
1. The basic theories of the state origin
There are many theories of the state origin.
THEORIES OF THE STATE ORIGIN
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THEOLOGY (Foma Akvinsky (Thomas Aquinas) |
The state was created by God. That is why the state is eternal and inviolable.
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PATRIARCHAL (Aristotle, R. Filmer) |
The state appears from patriarchal family and is continuation of power of father in family.
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CONTRACTUAL (B. Spinoza, Th. Hobbes, J-J Rousseau)
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The state appears on the basis of public agreement as a result of association of people for the general aim.
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VIOLENCES (L. Gumplovich, E.During, K. Kautsky) |
The state appears as a result of conquest with the aim to fix the domination and victory.
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PSYCHOLOGICAL (L. Petrazhytsky) |
According to this theory the state was created because of different psychological properties of people: one part of them are leaders from the birth, the second part is for subordination.
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ECONOMIC (MARXIST) (K. Marx, F. Engels) |
The state arose up as a result of stratification of society on groups with opposite interests.
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ORGANIC (H. Spencer) |
The state is as biological organism: it has birth, it develops, it gets older and dies.
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GEOGRAPHICAL DETERMINISM (L. Mechnikov, E. Hontington) |
Climate and landscape played a leading role in the origin of the state.
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SPACE |
This theory explains the origin of the state with UFO interventions. |
2. Concept and attributes of the state
The state is sovereign, political, territorial organization of public power, which expresses interests of all people or group of people in society; has the special apparatus of management and compulsion, creates the obligatory rules of behavior (norms of law) for the population.
There are basic and optional attributes of the state.
Attributes of the state |
Content of attributes of the state |
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This is the limited part of the Earth. Sovereignty of the state spreads to the territory of the state. It is material basic of the state activity.
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These people live in the territory of the state and/or are citizens of this state. That’s why they have a possibility to protect rights and freedoms by the state.
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It’s a main attribute of the state. There is no state without sovereignty. It is supremacy, independence and indivisible of the state power to decide all questions inside the state and outside of the state in international life.
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The character of the state power is political and public. Political character means that only the state power is supremacy, independence and indivisible, the state can create legal rules and system of bodies of state power. Public character means that only the state makes decisions for all population, these decisions have obligatory character.
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There is a system of bodies of state power, which realize functions of management and compulsion.
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There are obligatory rules of behavior for subjects of legal relations in the state. The state creates law.
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The state can collect tax. These taxes form a base for implementation of functions of the state.
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The capital, coat of arms, hymn, flag, official language |