Materialistic theory of the origin of state and law. Theories of the origin of the state

The problem of the origin of life for theories of eternity of life does not exist for the simple reason that these theories obliterate the differences that exist between the living and the inanimate. Since these theories proceed from the unity of the living-nonliving complex, for them there is no question of the origin of one from the other. The situation is completely different if we accept the existence of specific differences between living and inanimate matter - in this case, the question of the origin of these differences arises by itself. The resolution of this question, naturally, is inextricably linked with those ideas that exist about the nature of the differences between inanimate matter and living organisms.

The correct formulation of this question became possible only after the research of L. Pasteur and in connection with the expansion and deepening of the very concept of the living. Of particular importance in the history of the problem was the theory of the German scientist E. Pfluger (1875).

The question of the origin of life for Pfluger, as well as for modern scientists, was reduced to the question of the origin of protein substances and their internal organization, which is the characteristic difference between the proteins of living "protoplasm". The author accordingly examines the differences between "live" and "dead" protein, of which the main one is the instability of the "live" protein, its ability to change, in contrast to the inert "dead" protein. At the time of Pfluger, these properties of a "live" protein were attributed to the presence of oxygen in the protein molecule. This view has now been abandoned. From other ideas about the differences between "live" and "dead" protein, the scientist stops at the content of the cyanogen group, CN, in the molecule of the "live" protein, and accordingly he tries to create an idea of the origin of this radical, which is basic for the protein molecule. In accordance with this, the researcher believes that cyanide compounds arose at a time when the Earth was a molten or incandescent mass. It is at these temperatures

in the laboratory, it is possible to obtain these compounds by artificial means. Subsequently, when the earth's surface cooled, cyanogen compounds with water and with other chemical substances led to the formation of protein substances endowed with "vital" properties.

In Pfluger's theory, which is now obsolete, a materialistic approach to the problem of the origin of life and the isolation of protein as the most important component of protoplasm are valuable. The origin of protein substances can be imagined in another way. Indeed, soon after Pfluger, other attempts appeared to approach the solution of this issue from the biochemical point of view. One of these attempts is the theory of the English scientist J. Ellen (1899).

The first appearance of nitrogenous compounds on Earth, in contrast to Pfluger, Ellen coincides with the period when water vapor, due to cooling, condensed into water and covered the surface of the Earth. In the water were dissolved metal salts, which are of paramount importance for the formation and activity of protein. It also contained a certain amount of carbon dioxide, which combined with nitrogen oxides and ammonia. The latter could have formed during electrical discharges in air containing nitrogen.

Already these theories, dating back to the end of the last century, clearly outline the main direction along which the problem of the emergence of the living is currently developing.

The origin of life. The theory of panspermia. The theory of eternity of life.

There are several hypotheses that differently explain the appearance of life on Earth: 1. Creationism - the divine creation of living things; 2. the concept of multiple spontaneous emergence of life from inanimate matter (its supporter was Aristotle, who believed that living things could also arise as a result of soil decomposition); 3. the concept of the origin of life as a result of processes subject to physical. and chem. laws; 4. the concept of a stationary state, according to which life is n. forever; 5. the concept of panspermia - extraterrestrial origin of life. A special place in natural science is given to the latter two. According to panspermia hypothesis, life is brought from space either in the form of spores of microorganisms, or by deliberately "populating" the planet with intelligent aliens from other worlds. There is no direct evidence for this. And the theory of panspermia itself does not offer any mechanism for explaining the primary. the emergence of life and transfers the problem to another place in the universe. Liebig believed that the atmospheres of celestial bodies, as well as rotating cosmic nebulae, can be considered as eternal repositories of a lively form, as eternal organic plantations. embryos, from where life scatters in the form of these embryos in the Universe. In 1865 the German physician G. Richter put forward the hypothesis of cosmozoans (cosmic rudiments), according to which life is eternal and the rudiments inhabiting world space can be transferred from one planet to another. His hypothesis was supported by many prominent scientists. Kelvin, Helmholtz and others thought in a similar way. At the beginning of this century, Arrhenius came up with the idea of radio panspermia. He described how particles of matter, dust particles, and living spores of microorganisms leave the planets inhabited by other creatures. They retain their viability, flying in the space of the Universe due to light pressure. Getting to the planet with suitable conditions for life, these disputes begin on her new life... Rock paintings that resemble living organisms or UFO sightings are usually used to justify panspermia. But supporters theories of eternity of life(de Chardin and others) believe that on the always existing Earth, some species were forced to die out or sharply change their numbers in certain places on the planet due to changes in external conditions. A clear concept on this path has not been developed, since there are some gaps and ambiguities in the fossil record of the Earth. According to Chardin, at the moment of the emergence of the universe, God merged with matter and gave it a vector of development. That. we see that this concept interacts closely with creationism.

The materialistic (class) theory proceeds from the fact that the state arose primarily due to economic reasons: the social division of labor, the emergence of a surplus product and private property, and then the split of society into classes with opposite economic interests. As an objective result of these processes, a state arises, which special means suppression and control restrains the confrontation of these classes, ensuring mainly the interests of the economically ruling class.

The essence of the theory is that the state replaced the tribal organization, and the law replaced customs. In the materialist theory, the state and law are not imposed on society from outside, but arise on the basis of the natural development of society itself, associated with the decomposition of the tribal system, the emergence of private property and social stratification of society along property lines (with the emergence of rich and poor), the interests of various social groups began to contradict each other. In the emerging new economic conditions, the tribal organization turned out to be incapable of managing society. The need arose for a government body capable of ensuring the advantage of the interests of some members of society as opposed to the interests of others. Therefore, a society consisting of economically unequal social strata gives rise to a special organization that, while supporting the interests of the possessors, restrains the confrontation of the dependent part of society. The state has become such a special organization.

According to the representatives of the materialist theory, it is a historically transient, temporary phenomenon and will die out with the disappearance of class differences.

The materialistic theory identifies three main forms of the emergence of the state: Athenian, Roman and Germanic.

The Athenian form is classic. The state arises directly and predominantly from class contradictions that form within society.

The Roman form differs in that the tribal society turns into a closed aristocracy, isolated from the large and disenfranchised plebeian masses. The victory of the latter explodes the clan system, on the ruins of which the state emerges.

The German form - the state arises as a result of the conquest of vast territories for the state over which the clan system does not provide any means.

The main provisions of the materialist theory are presented in the works of K. Marx and F. Engels.

The class nature and economic conditionality of law is the most important principled provision of Marxist theory. The main content of this theory is the idea that law is a product of a class society; the expression and consolidation of the will of the economically ruling class. In this relationship, "the dominant individuals ... must constitute their power in the form of the state and give their will ... a universal expression in the form of state will, in the form of law." That is, the emergence and existence of law is explained by the need to consolidate the will of the economically ruling class in the form of laws and regulation social relations in the interests of this class. "Right is only the will, elevated into law."

Subsequently, the provisions of the Marxist theory became firmly established in domestic law. On the basis of the class attribute of law, it was concluded that in a society where there are no antagonistic classes, the will of all friendly classes and strata of society, led by the working class, is expressed in law.

The right is complete only when society implements the rule: “from each according to his ability, to each according to his needs,” that is, when people become so accustomed to observing the basic rules of community that they will voluntarily work according to their ability.

The materialistic theory limits the life of law to the historical framework of a class society. She believes that law is a historically transient phenomenon that society needs only at a certain stage of its development. With the disappearance of classes, it will completely lose its social value. Marxist-Leninist theory asserts, fully determined by his will.

The merit of Marxism is the postulates that law is necessary tool ensuring the economic freedom of the individual, which is an “impartial” regulator of relations between production and consumption. Its moral foundations in the civilized world take into account and implement the objective needs of social development within the framework of the permitted and prohibited behavior of participants in public relations.

Representatives of other concepts and theories of the origin of the state consider the provisions of the materialist theory to be one-sided, incorrect, since they do not take into account the psychological, biological, moral, ethnic and other factors that determined the formation of society and the emergence of the state. Nevertheless, Shershenevich believes, the great merit of economic materialism lies in proving the outstanding importance of the economic factor, thanks to which “ultimately” it is possible to link “even the lofty and noble feelings of a person with the material side of his existence”. "In any case," Shershenevich continues, "economic materialism represents one of the largest hypotheses in the theory of society, which is best able to explain a mass of social phenomena."

The question of the origin of life for Pfluger, as well as for modern scientists, was reduced to the question of the origin of protein substances and their internal organization, which is the characteristic difference between the proteins of living F protoplasm F. , of which the main one is the instability of the living F protein, its ability to change, in contrast to the inert dead F protein. At the time of Pfluger, these properties of living F protein were attributed to the presence of oxygen in the protein molecule. This view has now been abandoned. From other ideas about the differences between the living F and the dead F protein, the scientist stops at the content of the cyanogen group, CN, in the molecule of the living F protein, and accordingly he tries to create an idea of the origin of this radical, which is basic for the protein molecule. In accordance with this, the researcher believes that cyanide compounds arose at a time when the Earth was a molten or incandescent mass. It is at these temperatures in the laboratory that the indicated compounds can be obtained artificially. Subsequently, when the earth's surface cooled, cyanogen compounds with water and with other chemical substances led to the formation of protein substances endowed with vital F properties.

Bibliography:

1. Mednikov B.M. Biology: forms and levels of life. Moscow: Education, 1994
2. Mamontov S.G., Zakharov V.B. General biology: For secondary specialized institutions. M .: graduate School, 1995

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The materialistic (class) theory proceeds from the fact that the state arose primarily due to economic reasons: the social division of labor, the emergence of a surplus product and private property, and then the split of society into classes with opposite economic interests. As an objective result of these processes, a state arises, which with special means of suppression and control restrains the confrontation of these classes, ensuring mainly the interests of the economically ruling class.

The essence of the theory is that the state replaced the tribal organization, and the law - the customs. In the materialist theory, the state and law are not imposed on society from outside, but arise on the basis of the natural development of society itself, associated with the decomposition of the tribal system, the emergence of private property and social stratification of society along property lines (with the emergence of rich and poor), the interests of various social groups began to contradict each other. In the emerging new economic conditions, the tribal organization turned out to be incapable of managing society. The need arose for a government body capable of ensuring the advantage of the interests of some members of society as opposed to the interests of others. Therefore, a society consisting of economically unequal social strata gives rise to a special organization that, while supporting the interests of the possessors, restrains the confrontation of the dependent part of society. The state has become such a special organization.

According to the representatives of the materialist theory, it is a historically transient, temporary phenomenon and will die out with the disappearance of class differences.

The materialistic theory identifies three main forms of the emergence of the state: Athenian, Roman and Germanic.

The Athenian form is classic. The state arises directly and predominantly from class contradictions that form within society.

The German form - the state arises as a result of the conquest of vast territories for the state over which the clan system does not provide any means.

The main provisions of the materialist theory are presented in the works of K. Marx and F. Engels.

The class nature and economic conditionality of law is the most important principled provision of Marxist theory. The main content of this theory is the idea that law is a product of a class society; the expression and consolidation of the will of the economically ruling class. Given this relationship, "the dominant individuals ... must constitute their power in the form of the state and give their will ... a universal expression in the form of state will, in the form of law." That is, the emergence and existence of law is explained by the need to consolidate the will of the economically ruling class in the form of laws and normative regulation of social relations in the interests of this class. "Right is only the will, elevated into law."

The right is complete only when society implements the rule: “from each according to his ability, to each according to his needs,” that is, when people become so accustomed to the observance of the basic rules of community that they will voluntarily work according to their ability.

The merit of Marxism is the postulates that law is a necessary tool for ensuring the economic freedom of the individual, which is an “impartial” regulator of relations between production and consumption. Its moral foundations in the civilized world take into account and implement the objective needs of social development within the framework of the permitted and prohibited behavior of participants in public relations.

Materialistic theory

Representatives of the materialist theory of the origin of state and law are K. Marx, F. Engels. According to this theory, the state organization replaces the tribal organization. The right is to replace custom. And this happens not because of changes in social morals, religious beliefs and attitudes, but because of fundamental changes in the economic sphere and in primitive society itself. “The clan system,” wrote F. Engels in his work “The Origin of the Family, Private Property and the State,” “has outlived its time. It was blown up by the division of labor and its consequent splitting of society into classes. It was replaced by the state. State bodies and organizations appeared partly as a result of the transformation of bodies and organizations that developed within the framework of the primitive communal system, partly through the complete displacement of the latter. Engels F. Origin of the family, private property, state - M. 1985 - p. 206

The materialistic theory of the origin of the state saw the origins of the state in the development of economic material relations of society, which led to the stratification of society into rich and poor, slaves and slave owners. The contradictions between these strata of society turned out to be so persistent and incompatible that society, in search of a body capable of ensuring order in such a society and moderate class conflicts, creates a special coercive body, the state. This body, designed to ensure and maintain order in society, eventually turned into an organ of political domination of the economically ruling class. In conditions of slavery, the state protected and defended the interests of slave owners, in federal society- the feudal lords, and in the bourgeois - the bourgeoisie. The logic of the development of society and the state will inevitably lead to a new social order - communism, and the state, which expresses the political will and power of the working class and workers, will be the instrument of its construction.

K. Marx and F. Engels drew attention to such facts as the social division of labor, which had a great influence on the emergence of state and law, on the birth of the professions of politicians and lawyers. They saw the impact on the formation and development of the state and law of the individual struggle for a separate existence, taking place in any class antagonistic society. This struggle is characterized by a universal character both in the sense of its participants (a person, a community of people - tribes, nationalities, nations, classes, states, etc.) and objects (interests in all areas of life), and in the sense of spatial framework (in the city and the countryside, in the regional and international arenas). In the process of emergence, first one appears, then others, and finally - the third components of state and law. Developing this theory, Lenin wrote: "The state is a product and manifestation of the irreconcilability of class contradictions." And only when there are such persistent contradictions, states appear. For this reason long time Soviet historiography attributed the state of Mesopotamia to a "military democracy" at best, although there was no trace of democracy there. The Scythian state did not receive recognition either. Meanwhile, the statehood of the pagan Slavs, of course, was recognized. This was Lenin's first mistake. The second mistake is that all the states of the Ancient World had to be unconditionally slave-owning. However, F. Engels admitted a different approach to explaining the emergence of the most ancient state. It follows that the emergence of the state and law was nevertheless connected, in different eras in different ways, with the need to implement the common interests of the population. Drobyazko S.G., Kozlov V.S. General theory of law: textbook, manual for universities. - Minsk: Amalfeya, 2007 .-- p. 175.