Types of the state and its types as the foundation of the legal characterization
The state as a legal phenomenon is investigated by scientists from different positions. But the most significant of them are the types and forms of the state. This research is devoted to their consideration.
Types of the state in terms of formational approach
For a long time considered to be the fundamentaldomestic typology of typology of states divided them into five main types: slave, eastern, feudal, bourgeois and socialist. This classification was based on the economic formation.
The eastern type was based on irrigated agriculture.
The slave state was characterized by the unlimited power of the monarch and those close to him. At the same time, slaves and indigent members of society were perceived as instruments of labor.
The feudal state was based onon the right of ownership of land. Thus, state power was concentrated in the hands of those who possessed land plots and had the right to dispose of them at their own discretion.
The third type was the bourgeoisa state that preferred to turn to a formation based on the ownership of the means of production. At the same time, the power gradually acquired the character of a triumvirate, civil rights arose and, as a consequence, nominally equal opportunities.
The fourth type is a socialist state,It denies the right of ownership as such because of its uselessness. Power belongs to and is carried out by every citizen without prejudice to others. This type was recognized as a utopia.
Despite the sufficient validity of thisdivision into state types, the formational approach is deservedly criticized. Identification as the only true economic development factor does not cover all existing countries, and therefore it is worth taking into account the civilizational approach.
Types of state in terms of civilizational approach Toynbee
According to him, the state as a phenomenon followsviewed from different positions: cultural, historical, religious, etc. Based on this classification, state types based on cultural values were identified. The total number of them is 26 unique state formations, among which are the eastern and western Christian, Egyptian, Sumerian, Western European and others.
Unfortunately, this approach made the same mistake,as well as the formational, namely: a certain one-sidedness of the factors of evaluation. Therefore, the types of state derived on its basis can only be perceived as auxiliary.
In defense of both systems, it should be noted that recently most legal scholars are inclined to combine both approaches in their studies.
Form of state - constituent elements
The state can be characterized not only byfrom the point of view of its type, but also of form. In turn, the form of the state is a combination of three basic elements: the state regime, administrative division and the form of government. However, the types of states are mostly subdivided, based only on the first characteristic, namely, the political regime. In this case, both democratic and undemocratic types should be taken into account.
In this regard, the following types of states are distinguished:
- totalitarian - in which a certain party dominates;
- authoritarian - built on the rule of one person;
- democratic - recognizing the power of the people as the highest value;
- Liberal - the highest degree of freedom in economic and political activity.
It should be noted that not all species cancharacterized by the presence of its type. Thus, it is impossible to relate the slave-owning type to the totalitarian species, or the liberal form with the Arab civilization.
The arguments presented above make it possible to assert that the types and forms of the state play a significant role in its characterization.