The main features of the state as a unity of law and power: the main milestones of the history of the concept
The phenomenon of the state occupies a special place inpolitical system. It gives the latter stability, integrity and orientation to social activities. The main signs of the state are that it performs an exceptional role in this system, it performs the necessary amount of activity and management, manages the resources of society, and also acts as the main regulator of his life. This is a fundamental means, which includes the power functions and helps to exercise this power. It embodies sovereignty, being its carrier.
This concept took shape about three or even fivemillennia ago, at the time of ancient Sumer, China, Egypt and the Crete-Mycenaean civilization. However, a clear theory of what the state, its main features, forms of government was first created by Plato. He also created an idea of the ideal type of management of society, which he described as a hierarchy of three classes-wise rulers, soldiers and officials, as well as peasants and artisans. The philosopher pointed out that the whole complex of economic, political, social and cultural interests of various strata of society is concentrated in the state, and it must seek and practice the best ways of resolving the contradictions between them and settling conflicts.
Thus, the main signs of the state,which would carry out fair management, were formed in antiquity. First of all, this is the presence in it not only of coercion, but also of law. At the same time, descriptions of various types of government appeared and their typologization as correct and incorrect. On this subject, almost all the classical antiquity was expressed - from Aristotle to Cicero. In addition, in this era some Roman lawyers had ideas about the right that belongs to a person only on the fact of his birth, and about the equality that results from this theory. Roman law theorists have developed many interesting and later necessary concepts - for example, about the state-republic as a "people's cause", which carries out the rule of law and communication between subjects of law within certain limits.
In the Renaissance the theories about theideal of government. So, Nikolo Machiavelli, analyzing the history of various political entities, tried to isolate the main signs of the state, which would be ideal. One of these features he considered giving all citizens the opportunity to dispose of property and ensure their personal safety. However, recognizing the important and necessary functions of the state, many thinkers of that era spoke about it very critically, as, in particular, Thomas More, who stated that in fact it is the conspiracy of the rich against the poor. Since he was a royal chancellor for a long time, he obviously knew what he was talking about.
However, only from the XVII century, thinkers begancome close to the concept of what a rule of law is. Its main features were first described as meeting the laws of reason and justice. Thus, Hugo Grotius considered such an inalienable property of this form of government a social contract, at the conclusion of which both the people and the rulers are subject to certain duties. This would ensure, in the opinion of the famous lawyer and creator of international law, both individual freedom and public consent. Diderot concretized the concept of such a treaty and declared it the main source of power as such. Thus, the thesis was formulated about the sovereignty of the people, which in our time is written in the constitutions of most countries. With such a board - the educator was sure - you can ensure not only the rights, but also the happiness of most people.
The main features of the state described by Diderot,called to confirm the power of the people and the rights of the individual, supported Spinoza and Kant. Moreover, Spinoza proposed limiting the ability of the state to dispose of the life and property of subjects under the laws, and Kant clarified that under this form of government, not only the government can enforce citizens to fulfill the requirements of law, but people themselves must have the opportunity to force rulers to obey laws and monitor this process. John Locke and Thomas Hobbes added to this the principle of the rule of law (when everyone, including those in power, should have equal responsibility) and the distribution of power between different branches that can mutually restrain one another and withstand tyranny and despotism.
