The basic theory of the emergence of the state. Racial Theory of State Origin: Pros and Cons

The theory of the origin of states is one of the most extensive sections of the theory of state and law. These are reasonable explanations about the conditions, reason and meaning of the formation of such an institution as the state. In this article, we will briefly examine all the basic theories of the emergence of states, and we will also analyze in detail one of the most controversial and interesting ones - the racial theory of the origin of the state and law.

On theories of the emergence of the state

As you know, the concepts of the emergence of the political system are numerous. The racial theory of the origin of the state, the pros and cons of which we will analyze, is just an island in this endless sea. The variety of explanations, moreover scientifically based, is due to several factors. It:

• The complexity of the subject of analysis.
• Historical features of public consciousness of the era in which the scientist worked.
• The peculiar worldview of the ethnos of the researcher (this will subsequently result in the shortcomings of the racial theory of the origin of the state).
• The ideological and political beliefs of the scientist.
• The task that the author of the theory sets for himself.

All theories are divided into large groups:

• religious (mythological);
• violent;
• legal positivism;
• patriarchal;
• contractual (or natural-legal);
• organic
• psychological;
• Marxist
• voluntaristic;
• others.

Let us examine in more detail each group.

Mythological theories

The founders of these theories believed that the origin of the state is precisely divine, it is an unusual gift from higher powers. Such a worldview was popular in the primitive era and partly in the Middle Ages.

Four remarkable theories can be distinguished here:

• Plato concept . States appeared in the era of Olympic gods as a result of the division of their "zones of influence" in the human world. For example, the wise Athena was the patroness of the democratic and philosophizing Athens, Poseidon - Atlantis with violent royal rule.
• Ancient indian concept. The earthly state order was established by the Vedic all-powerful Almighty Varuna and Indra.
• Ancient Chinese concept. The order of the Middle Kingdom is the will of the divine sky.
• Theological concept. It was developed by St. Augustine and Thomas Aquinas. Medieval philosophers believed that the state is a symbiosis of the will of the divine and human.

Paternalistic Theories

The essence of patriarchal concepts is simple: the state arises from a large family, and state power - from the authority of the head of the family. The relationship of children and parents is the relationship of subjects and ruler. The "parent" must take care of his "children", and those - implicitly obey him.

At one time, this theory was proved:

• Confucius.
• Aristotle.
• Filmer.
• N.K. Mikhailovsky and others

Organic theories

Unlike the racial theory of the origin of the state and law, it is a universal, humane concept that has not lost its relevance today. The state here is a product of social evolution, a living organism that grows and develops. A parallel is drawn with biological evolution, natural selection (war, epidemics).

We note here the points of view of the following scientists:

• The concept of O. Comte . Sociology deals with the evolution, structure and functioning of such an organic whole as society, the state. At the same time, science in its difficult business must constantly look back at biological laws.
• The concept of G. Spencer . The state is a part of nature, which is why the animal, biological in it, sometimes takes precedence over the social. As in the living world, only the fittest survives here.

Legal positivism

Proving this concept argued that the state is a product of the decree, the imperative command of the ruler (sovereign) of his subjects. The basis for regulating relations in the future was the right to act.

Theory was shared:

• S. Omos.
• D. Austin.
• G. Kelsen.
• S. A. Drobyshevsky.
• G. F. Shershenevich.

Contract Theories

The state is a product of a social agreement on the rules of coexistence, when citizens give up part of their rights to the state, which, in turn, undertakes to ensure these rights.

Unlike representatives of the racial theory of the origin of the state, philosophers proved this concept from a humane point of view:

• The concept of G. Grotius . The state is the expression of the will of its citizens.
• The concept of T. Hobbes . Pre-state time is defined as a "natural state": ongoing wars are ongoing, everyone has the right to everything. The main principle: "attack is the best defense." The state arose from a reasonable incentive for man to establish the world, so necessary for its development. Hence, people abandoned part of their rights towards the state to ensure prosperity and security.
• The concept of D. Locke . The purpose of the social contract on the creation of the state is to ensure each inalienable natural right to freedom, life and property.
• The concept of J.-J. Russo . The state is an attempt to overcome social inequality: everyone should obey the authorities.
• The concept of A.N. Radishchev . The goal of creating a state is "the bliss of citizens."

Violent Theories

The similarity with the racial-anthropological theory of the origin of the state - the latter arose as a result of the submission of the weak to the strong, less developed more progressive peoples. The state is coercion, imposed force.

Let us examine the views of theorists:

• The concept of E. Dühring . Domestic violence in the primitive community is the first factor in the emergence of the state.
• The concept of L. Gumplovich . The state is a way to achieve their own well-being, to demonstrate their power, to expand the zone of influence at the expense of weaker societies.
• The concept of K. Kautsky . The state is the next level of relations between the victorious and the vanquished.

Psychological theories

From the advantages and disadvantages of the racial theory of the origin of the state, this concept is again distinguished by humanity. The emergence of the state is associated with the psychological desire of a person to collectivism, life and activity together, a direction to seek authority, a natural desire to command or obey.

The concept was shared by:

• T. D. Bashtim.
• N. M. Korkunov.
• L.I. Petrazhitsky.

Marxist Theory

The state is a product of the evolution of socio-economic relations, the emergence of social classes and the struggle between them. Theorists (K. Marx and F. Engels) believed that the state system was created to oppress the more powerless layers of society, to establish the rule of the ruling classes over them.

V.I. Lenin believed that the state is both an example and a product of the irreconcilability of contradictions between social classes.

Other theories

This includes:

• The patrimonial concept (K. L. Galler). The source of the state is land ownership.
• Libertano legal concept . State and law arose as two mandatory components of public life.

Voluntary Theories

The racial theory of the origin of the state, the pros and cons of which worried many researchers, belongs to this category. In addition to her, the following stand out here:

• Irrigation concept (C. Wittfogel). The state arose only as a necessity for the construction of large-scale irrigation systems. As a justification for the theory, the scientist cited as an example Mesopotamia, Egypt, China, India.
• Demographic . An increasing population needs centralized management.
• Crisis . The impetus for the unification of people was crisis situations, in particular environmental ones.
• The concept of "incest" (C. Levy-Strauss). The state arose as a continuation of the taboo on incest: for a ban to be valid, authorities are needed that could control, punish, and force.
• Sports concept (H. Ortega y Gasset). The emergence of the state is associated with the emergence and development of sports competitions, because in order to determine the winners, people who are authoritative for society are needed.

And now we turn directly to the essence of the racial theory of the origin of the state.

The essence of racial concept

The meaning of the theory is the division of all human races into higher and lower. The first has a dominant role, and the second is the destiny of blind, weak-willed subordinates, of labor. Therefore, the state is created to design such an inhumane standing.

Within the framework of the concept, it is believed that the human races are not the same in their physical, psychological, mental development. It was also believed that the highest contribution to the development of world culture was made by the recognized white race. Therefore, in any state, its representatives must fight for supremacy.

Although the racial theory of the origin of the state with the pros and cons characterizing it arose in the slave era, was supported in the Middle Ages and during the colonial conquests, the French scientist J. Gobino, who proclaimed the Aryan race as the highest, is considered its founder and scientific justifier.

Subsequently, the leadership of Nazi Germany relied on his ideas to establish his own theory justifying genocide, bloody wars, and the creation of concentration camps. All of the above was considered necessary to establish the supremacy of the higher race - Aryans, purebred Germans.

In addition to Gobino, historians blame Nietzsche for serving “food” for fascism. The philosopher divided people into three types:

• The highest race is geniuses.
• Performers of the will of geniuses, their "right hand", students.
• Mediocre people.

But Nazi ideologists misunderstood the concept of a philosopher. He considered the highest race not a specific ethnic group, but selected, perfect personalities who could give the world samples of an unprecedented high culture. He considered the state violence of the strong over the weak, a condition for the emergence of that "higher man."

Racial Theory of State Origin: Pros and Cons

Consider the pros and cons of a racial concept.

The advantages of the racial theory of the origin of the state is that it emphasizes that ethnic groups are different from each other, which explains the dissimilarity of the state standing of different countries and the impossibility of creating a universal model of an ideal state.

Representatives of racial theory

The pros and cons of the racial theory of the origin of the state of humanity were introduced in their writings by the following theorists:

• Classical period : Hippocrates, Posidonius, Vitruvius.
• Enlightenment : R. Boyle, A. de Bulenville, Voltaire, Kames, C. Linnaeus, D. Mitchell, I. Kant, D. Hunter, C. White, Blumenbach, B. Rush, Buffon, C. Miners.
• Late thinkers : S.S. Smith, J. Cuvier, Hegel, A. Schopenhauer, Pruner.
• XIX-XX centuries : Nietzsche, Gobino, Chamberlain, Voltman, Gunther.
• In Russia : N. Kareev, S. Yeshevsky, V. Moshkov, V. Avdeev, A. Savelyev.

The racial theory of the origin of the state is not essentially Nazi. Like any other, it can be used to justify both humane and anti-human ideas.