Before talking about the relationship between the state and civil society, it is necessary to determine what civil society is. How does it differ from any other types of society? In civil society, without exception, the rights and freedoms of people are guaranteed. The state plays a key role in this process, since it is it that is the guarantor of the well-being of its inhabitants. The modern democratically elected power cannot dominate people. It does not prevent society from living in a regime of self-government.
Similarities and differences
Real civil society and the state, in short, cannot coexist without pluralism of opinions. Freedom of speech is an important attribute of this relationship. At the same time, there are many differences between civil society and the state.
The fundamental characteristic of the power apparatus is subordination - the rule of subordination of officials to each other according to the nomenclature ladder. A free society is based on the principle of free coordination. People within this system are on equal footing. Their cooperation begins thanks to the same aspirations and their own desire.
General nature
A state cannot exist without a society from which it stands out. People living together need a certain political organization and sovereign power. It is necessary to protect common interests. It is on this principle that the relationship between structures such as civil society and the state is based. Briefly about their "neighborhood" argued more ancient philosophers. For example, thinkers of ancient Greece built different theories about the nature of political power.
First of all, the state consists of a population, that is, a human society. It can also be called a people. However, there is some difference between the two terms. A nation is a large social group whose members have common cultural traits and historical consciousness. People of one nation, as a rule, oppose themselves to representatives of other ethnic groups. Today, many nations live on the territory of many states. For all their differences, they are equally subject to political power. The interconnection of civil society and the state, in short, should exclude the possibility of conflicts between peoples living in one “house”.
The emergence of civil society
For many centuries, civil society and the state have been developing in parallel. This evolution can be briefly described as follows.
At the initial stage, the folding of the prerequisites for the emergence of civil society took place. First, in the form of a theoretical idea. The term "civil society" appeared in the XVIII century. Moreover, the researchers of that time used this formulation in a slightly different sense than today. For example, in 1767, the Scottish philosopher Adam Ferguson called civil society the main sign of European civilization in general.
This example shows an important characteristic of the consciousness of the inhabitants of the Old World of that era. In antiquity, the Middle Ages, and until the 19th century, people believed that there were no such differences that civil society and the state would have between themselves. This logic can be briefly explained by the idea that the population was not recognized as independent. Democratic institutions and instruments of self-regulation have not yet been formed. People have always looked at power as God’s given natural and unlimited right of the monarchs. To go against this principle and challenge it was considered, if not a crime, then stupidity.
Scientific view
Today's concept of civil society has emerged thanks to the work of Francis Bacon, Thomas Hobbes, John Locke, Jean-Jacques Rousseau, Charles Montesquieu and some other thinkers. In the XVIII century, the stage of the birth of the first modern democracies began. It was the struggle against absolute monarchies that gave impetus to the understanding of changes in European society.
Gradually, humanities were able to formulate the principle according to which civil society and the rule of law interact (it can be briefly described as a “social contract”). Power and people need certain attitudes, “rules of the game,” regulating their relations. Civil society appears at a time when the political system recognizes a person’s right to freedom, emphasizes the importance of his private property, economic independence. An independent person is what the most progressive society is built around. Without it, growth of well-being and stability is impossible.
Binding Legislation
In what other areas is the interaction of civil society and the state manifested? Briefly speaking about the points of their intersection, one cannot but mention the legislative side of this issue. The foundations of public and state life are enshrined in the Constitution. This main law is the legal model of society. With the help of the constitution, citizens can protect their interests in the event of conflicts and disputes. Compliance with established norms helps to establish a firm and effective legal order in society.
The Constitution is the main law, but there are many other laws besides it. Together, they are divided into several groups that regulate a specific area of society. There are also by-laws to help clarify in each case their enforcement.
Judicial factor
An independent court is another tool that determines the relationship between the rule of law and civil society. It is necessary to mention briefly its influence, if only because it is with its help that people can enforce the laws.
The court is the main conductor of the Constitution. And if its document itself is only a declaration, then with the help of an adversarial process the society realizes these written principles.
Advocacy
The functioning of an effective political model requires mutual responsibility, with which civil society and the state should relate to each other. Philosophy briefly and at the same time succinctly answered the question of in what format these relations should exist.
The state takes responsibility to protect all its citizens. The main tool that corrects the behavior of the authorities is the law. It excludes administrative arbitrariness and does not allow the state to destroy an independent civil society.
Separation of powers
State activity is divided into several types: executive, judicial and legislative. Montesquieu became the author of this concept. Formulating his epoch-making theory in the book “On the Spirit of Laws”, he relied on the research of his no less famous predecessors: Aristotle, Plato and Locke. The principle of separation of powers became the foundation for the Declaration of Human Rights, adopted in France in 1879.
The application of this model is the best example of how the state, law and civil society coexist together. This relationship can be briefly described using the example of parliament, the legislature. In a state of law, he is independent of the president and makes independent decisions. Thus, these two institutions constitute a counterweight to each other. An independent court is also attached to them. This triad creates a balance of interests. No power can establish a dictatorship and impose its opinion on others. Thus, the rights and freedoms of all residents of the country are respected, because both the president and parliament are elected by people. Thus, the principle of popular representation is implemented. In making decisions, deputies actually only implement the aspirations of their constituents. So civil society affects life in the country, makes it better and more convenient. If the parliament or the president violate the rights of people, they can go to court and, again, protect their interests with the help of legitimate tools.
Equality of power
It is traditionally believed that the legislature is supreme because laws are immutable for everyone. But she is not absolute. The executive branch has many rights, in particular, it can introduce legislative initiatives, as well as use the veto. With all this, she is obliged to comply with the Constitution and other officially adopted norms.
As for the court, it is equally important both for one person and for the whole state. This institution should be independent of political squabbles, intrigues and individual sympathies. Only in this way can he maintain a fair balance between civil society and the state. Having briefly examined the principles of operation of all branches of government, it should also be noted that their separation in no way means a fundamental contradiction. In the event of a struggle between state institutions as a logical continuation, corruption intensifies, followed by an economic downturn and a decline in people's well-being.
Rights and freedoms
The rights and freedoms of citizens can be divided into three main groups. The first is political. This includes freedom of peaceful assembly, the right to participate in elections (to be elected and to elect) and in government. A much more thorough civic group. It consists of the fundamental aspects of human freedom: movement, life, freedom of speech, thought, etc.
If the state does not defend these principles, it embarks on the path of dictatorship and totalitarianism. Also important is the third group of freedoms and rights, affecting the economic, cultural and social side of people's lives. For example, this includes the most important principle of the inviolability of private property.