One of the main theories of the origin of the state is the theory of violence. It is relatively new, as it was developed in the 19-20 centuries. Its representatives believe that law and the state arose as a result of violence (external or internal). Wars between primitive tribes made the victors the ruling class, which created the state and used it to consolidate its power over the vanquished.
The theory of violence (internal) was developed by the German economist and philosopher Eugene Dรผhring, who believed that the state was formed as a result of the internal violence of one group of people over another. As a result of the enslavement of the weak by the stronger, division into classes takes place, private property arises and the state arises.
The Polish-Austrian sociologist L. Gumplovich believed that the state and law arose as a consequence of external violence as a result of the clash of two primary social groups. The tribe of the vanquished becomes slaves, and the tribe of victors becomes the ruling class. To control the slaves, it becomes necessary to change the nomadic way of life to a settled one. As a result, agriculture is developing.
For domination, the winners create an apparatus for organizing and maintaining order. The theory of violence (external) suggests that slavery cannot occur in one tribe, since its members belong to the same social group and therefore it is possible only as a result of cross-tribal enmity. Slavery is seen as a necessary element of the formation of the state, which had a significant impact on the development of economic relations in society. The right is created by the winners to maintain inequality, and therefore L. Gumplovich negatively refers to the theory of the โrule of lawโ. In the process of evolution, tribal consciousness passes into estate. The institute of private property is developing, and society is stratifying.
The theory of violence of the origin of state and law was also developed by Karl Kautsky, who believed that the main factor in their occurrence was only war (external violence). The victorious tribe appropriates the land of the vanquished, subjugates it to itself and makes it work, as well as pay tribute.
As a rule, settled farmers became defeated, and nomadic herders became the winners. Subsequently, there is a division into classes, a coercive apparatus is created, which turns into a state. Kautsky denies the possibility of the emergence of the state as a result of internal influence, believing that it is created from several communities, one of which is the ruling class of exploiters, and the rest is an oppressed class. Subsequently, the state is transformed into a body that protects not only the strong, but also the weak, which is aimed at ensuring universal harmony.
The theory of violence of the origin of the state has its pros and cons. It really has a right to exist, since violence did occur when a number of states arose. Even at present, there are a lot of conflicts over the division of spheres of economic influence, and the victorious state expands its holdings at the expense of a weaker rival. At the same time, socio-economic factors are not fully taken into account. For the emergence of the state, a certain level of economic development of society is necessary in order to maintain the state apparatus. The theory of violence completely rejects other theories, indicating that it is the only source of the formation of law and the state, and only wars contributed to progress.