The concept and essence of the state in TGP (theory of state and law)

The state is a political organization of society. More precisely, a political body, or, in a narrower sense, an institution of power. This concept includes the formal unification of people, the establishment of order and security, the methods of the state, laws and their application, its territory, area of ​​jurisdiction or geographical boundaries and, finally, sovereignty.

Definition

If we consider the concept and essence of the state in TGP, it is a complex political and legal form of organization of public life. Its main goal is related to the management of public processes, which include protecting the rights and legitimate interests of citizens, ensuring the rule of law, and the safety of citizens and society. The emergence of the state is a consequence of the development of civilization.

Its formation is possible only if certain conditions exist at a particular stage in the development of society. In the process of the evolution of society, the creation of a system of rules of behavior that allows you to manage social processes. These rules were established by public authority. As social ties became more complicated, a similar process took place, associated with the norms and institutions of political power.

Background

They are due to the very nature of society, which should be regarded as a certain type of relationship between people and relationships. They, in turn, can have an economic, political, spiritual, legal nature. An important feature is the presence of a common territory, within the borders of which the satisfaction of their basic vital interests and needs is carried out. As a prerequisite for the emergence of the state from the point of view of the basic approaches to the essence of this concept, the need for implementation and provision of these needs appears.

Both internal and external public relations are regulated by public (state) power. It is distinguished by the presence of a monopoly on coercion in case of violation of laws and the system of special bodies involved in the implementation of established rules. Its decisions are generally binding in nature, and they must be implemented without fail.

primitive society

Signs

They reflect the essence of the state in TGP. It as one of the forms of political and legal organization of public life is characterized by the presence of basic features. On their basis, it can be defined as a territorially organized public law community of the population, built on the basis of power, the activities of which are carried out within the framework of existing law.

People

It is considered as the first sign. The state is a union of people living on the same territory and having common interests, which is the desire to improve life together. The main means for this is to establish and maintain a fair rule of law. The basis of the state union is called law.

slave society

Territory

This feature of the state is permanent. The principle of the territorial organization of the state is the distribution of power to a certain space under the jurisdiction of the state. People who live in this territory are its subjects or citizens.

Public authority

Another important feature that corresponds to the essence of the state in TGP. She is affirmed by the people on whose behalf she speaks. It is also called the state. And it is represented by a special group of people who are engaged in the implementation of the tasks and functions of the state. Moreover, the government is able to limit the rights and freedoms enjoyed by citizens, as well as the powers of other states. The law acts as its value regulator.

Based on the essence of the state in TGP, it can be determined that the government has its own characteristic features:

  • the presence of its own control apparatus, using special bodies for this purpose;
  • representative character (activities are carried out on behalf of citizens);
  • legitimacy - citizens recognize it and obey it.

Sovereignty

In the literature on the theory of state and law, this concept is defined as the supremacy of state power on its territory and its independence in the international sphere. In accordance with this value, it applies to all citizens and organizations, and the decisions of its bodies are binding. She also has the exclusive right to freely solve her tasks and perform functions.

State functioning systems

Using the tax and financial systems, the state budget is formed, which is then distributed to various public needs.

The legal system acts as the legal registration of state power, so the latter is legitimate. Through the legal system, legal frameworks and forms of how the state carries out its tasks and functions are formalized. The functioning of all entities occurs within the framework of the norms established by the legal system.

symbols of the Russian state

Concept content

In brief, the essence of the state in TGP is presented as a phenomenon of public life. It can be viewed from different points of view. For example, as an institution representing a system of public authorities and institutions, the functioning of which is carried out on a legal basis. Based on this, there are various approaches to the essence of the state in TGP.

It can be considered as an equal subject of legal relations. In a public sense, it is a power whose main objective is the protection of rights and freedoms, ensuring security, law and order. From the point of view of functioning, it is a way by which social relations are regulated and ordered.

In fact, the content of the concept of “essence of the state” in the TGP consists in the need to manage society, relying on democratic principles of government, protecting the fundamental rights and freedoms of citizens, as well as ensuring a social compromise (public consent). Thus, all of the above should be considered as his main duty.

The essence and social purpose of the state in TGP is that, as an organization of political power, it must defend the interests of citizens. In its activities, it must solve problems associated with the most diverse areas of society, ensure stability and balanced development, social compromise and the rule of law.

modern society

Functions

In fact, this is a reflection of both the purpose and the social essence of the state in TGP. Functions are nothing but the main areas of activity. By their nature, they are constant and general social, although at different stages of the development of society they could be aimed at solving narrowly corporate problems.

The content of the function determines the form of organization of power and the goals facing the state. They can be internal and external. In accordance with the time of implementation can be permanent and temporary. Based on the form of activity - legislative, administrative, judicial and control and supervision.

The essence of the state: the main approaches in TGP

There are several points of view about this concept. According to various scholars, the approach can be class, universal, religious, national and racial.

In the first case, the state is considered as the political power of the economically ruling class, whose interests it provides. In the framework of the universal (or general social) approach, it is considered as an organization of society, which determines a compromise of the interests of different social groups.

From the point of view of a religious approach, interests related to a particular religion are dominant. An example is the Islamic country, where politics is based primarily on religious doctrines and rules. The national approach determines the priority of the interests of the titular nation in comparison with all other nationalities living on the territory of this state. The racial approach is based on the need to satisfy in the first place the interests of one race, which has advantages compared to others living in the same territory.

european civilization

Classification

The essence and types of state in TGP are interrelated concepts. Classification is based on domestic and foreign literature. Types of state are considered from the point of view of classical understanding and modern approaches, taking into account distinctive and defining criteria. The typology of the state is a combination of the most important qualities and advantages of different countries and a system of their common features. Most often, two points of view related to state typology are considered: formational and civilizational.

In the work of K. Marx and F. Engels, entitled “German Ideology”, five types of socio-economic formations were proposed that are aimed at various objects of ownership, such as: primitive, slaveholding, feudal, capitalist and communist societies.

The basis of the formation concept is a socio-economic formation, which shows the historical types of society based on a specific production method. A certain type of production relationship corresponds to a specific type of society.

A slave state is a type of first historical community. The first such states appeared in the river valleys of Egypt, India and China at the end of the fourth and beginning of the third millennium BC. Later in the valleys of the Mediterranean Sea formed Ancient Greece and Ancient Rome.

feudal society

The feudal type replaced the slave state. Feudal countries went through several stages of development: the creation of a single state, the collapse, the emergence of a dynastic monarchy.

The capitalist state appeared as a result of the destruction of feudal economic and socio-political structures under the influence of the bourgeois revolution. Objective and subjective assumptions of this kind of revolution were laid in the bowels of feudal society.

A socialist state where the economic base is based on public ownership of production tools. It was assumed that the freedom of workers and protection against the oppression of the capitalists, the nationalization of industrial tools will develop the benefits of labor and life of people and improve culture.

N. Danilevsky, O. Spengler, A. Toynbee proposed their approach to the typology of the structures of social life. The basis for the development of society according to their views differs to one degree or another in cultural-historical types or civilizations. In their development, they go through several stages in the following sequence: emergence, development, maturity and destruction.

Civilization (from the Latin civilis) means “man”, “public”. Its synonyms are culture, stage and degree of development of material and spiritual culture.

indian civilization

In its development, civilization goes through several stages:

  • Regional civilizations - including their connections with each other, each of them is connected with the state, they have many social institutions (Ancient Egypt, Sumer, India, etc.).
  • Special civilizations - Indian, Chinese, Western European, Eastern European, Islamic.
  • Modern civilization is characterized by a period of traditional socio-political life.

According to Toynbee, civilization is a closed and local state of society, which has common religious, ethnic, geographical and other characteristics.

Source: https://habr.com/ru/post/F22783/


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