From ancient times, various theories of the emergence of the state and law appeared. The first of them were: theological, irrigation, patriarchal, violence and others. Subsequently, others arose: social contract, psychological, organic, diffuse, and others.
There are basic theories of the emergence of the state. These include:
- Theological theory. Its representatives are Aurelius Augustine and Thomas Aquinas. The essence of the theory is that the state arose by God's will. From this it follows that the state itself and its institutions are eternal, holy and unshakable, they arise and are abolished independently of man. The state expresses the will of God on earth.
- Patriarchal theory. Representatives of the theory are Aristotle and Confucius. The bottom line is that the state is formed from families growing with each generation, for the management of which the power of the ruler is necessary, which is an extension of paternal power.
- Theory of violence. Representatives - Dühring, Gumplovich. The state and political power arose due to the conquests, violence and enslavement of tribes (external violence). It was necessary to rule the conquered tribes. The state also arose as a result of internal violence, as a group of people forcibly subjugates others. It was necessary for the expansion of territories, the collection of tribute, the maintenance of order, and the conquest of wealth.
- Irrigation area. The peasant could not fully use the resources of large rivers on his own. It was necessary to mobilize the efforts of all people living along these rivers. Thus, Ancient China, Egypt and Babylon arose.
Modern basic theories of the emergence of the state:
- Contractual Theory. Representatives - Denis Didro, Thomas Hobbes, John Locke. The state arose on the basis of a social contract. In support of their position, representatives of the theory cited the following arguments: people were initially in a primitive natural state. Each did not reckon with the others and pursued only his own personal interests. The result was a "war of all against all." In order to preserve a society that could destroy itself, a social contract was concluded under which people renounced certain rights in order to achieve mutual interests and survival. And a state came about to ensure these goals.
- Organic theory. Representatives - Herbert Spencer, Plato. The state is compared with a biological organism. As cells form the body, so are people of the state. Institutions of the state are compared with parts of the body: a ruler with a brain, finances and communications with the circulatory system that ensures the activity of the body, peasants with hands. Only the fittest states survive, as in natural selection, they are constantly being improved.
- The psychological theory. Representatives of this theory of the emergence of the state - Petrazhitsky, Freud. The state arose in connection with the mental properties of a person, namely: the weak want to be protected and want to obey the strong. The strong want to rule over others and are able to subordinate others to their will. State power was formed from the primitive, which belonged to psychologically strong people - leaders and priests.
In addition to the basic, there are other theories of the state:
- Incestory theory. Representative - Levy Strauss. Society and the state arose as a result of the prohibition of incest of close relatives (incest).
- Sports theory. The state arose as a result of physical exercises, passing games and sports in general.
- and other theories of the emergence of the state.