Introduction
oldest political - legal doctrine originated in Egypt, India, Palestine, China and other countries of the ancient East.
In Ancient civilizations of the East formed the earliest type of society, had come to replace primitive. Economically, it is characterized by the domination of patriarchal subsistence farming, sustainability of public ownership of land and communal land tenure is extremely slow development of individual private property. Modern scholars refer to as Oriental Society called local (or river) civilizations such as farming.
Principal mass of the population in the state of the ancient East were peasants, united in rural communities. Slavery, despite the rather broad spread in some countries (eg Egypt, India), in the production not as critical. Privileged position in society occupied by persons belonging to the apparatus of state power, court and property know. On the content of political ideology of the Ancient East said before traditionalism of community life, immaturity of classes and class consciousness. Patriarchal rural communities to restrict initiative rights keeping it within the age-old customs. Political thought of the Ancient East a long time to develop on the basis of religious-mythological philosophy, inherited from the tribal system.
Paramount place in the political consciousness of early class societies held myths about divine, supernatural origin of the social order. These myths were closely related tradition of deification of the existing government and its regulations.
kings priests, judges and other authorities to be the descendants or the governors gods and endowed sacred features.
Political views were closely intertwined with obschemirovozzrencheskimi (philosophical) moral and other ideas. The oldest legal prohibitions, for example, were simultaneously obschemirovozzrencheskimi principles (laws of the world), religious precepts and moral precepts. Such views traced in the laws of King Hammurabi, the legal precepts of the Talmud, in the Indian religious books. In the states of the Ancient East and the political legal doctrine has not isolated himself from the myths, not formed in a relatively independent sphere of public consciousness.
Incomplete this process was manifested in the following.
First politico- legal doctrine of the Ancient East remained strictly applied. The main content of these were issues relating to art ("craft") control mechanism for the exercise of power and justice. In other words, the political doctrines designed not so much theoretical generalizations, as the specific problems of technique and methods of administration of power.
State power while the overwhelming majority of scientists identify with the power of the king or emperor. The reason for that was the inherent tendency of the Ancient East to strengthen the power of sole ruler and the formation of such a form state management of society, like an oriental despot. High ruler was considered the personification of the state, the focus of the entire state life. "The Emperor and his power - these are the main elements of the state" -- said in the Indian treatise Arthashastra ".
|
|
|
Secondly, political doctrines of the Ancient Orient is not separated from morality and represented an ethical and political doctrine. Increased interest in issues of morality in general characteristic of the ideology of the emerging classes. This general pattern throughout history of political thought, and it manifested itself most clearly at the stage formation of early class societies.
Transformations in society and state in many ancient eastern teachings contacted changes in the morality of people. Art itself is sometimes reduced management to the moral perfection of the sovereign, to control the power of personal example. "If the governor approves its perfection - described in the Chinese book "Shu Ching" - then in all his great nation will not communities intruders "Many social protest took place under the slogans moral content, and were directed against specific carriers or usurpers of power. The masses were mainly for the restoration equity, redistribution of wealth, but not questioned economic and political foundations of society.
Thirdly, for political and legal doctrines of the Ancient Orient is characterized by the fact that they do not only maintained but also developed the religious and mythological beliefs. The predominance of political maneuvers in practical applications and moral subjects resulted in the most general and abstract from the direct practice issues (eg, the origin of the state and law, their historical development) left without a decision or solved with the help of those attitudes that provided religious and mythological consciousness.
Socio- political theory of the Ancient Orient, in short, are complex ideological formation consisting of religious dogma, moral concepts and Applied knowledge of politics and law. The ratio of these elements in different exercise was not the same.
Deployed religious teachings have been established ideology of the ruling classes (the cult Pharaoh in Egypt, the ideology of Brahmanism in India and others). These exercises blessed social inequality, the privileges of the nobility, the power exploitative elite. Fundamentals of society were declared divine institution, and any attempt assault on them was seen as a challenge to the gods to the masses sought to instill awe before the divine power monarch instill humility and obedience.
dominant ideology opposed to the political views of the oppressed. They criticized official religious dogma, sought new forms of faith (for example, early Buddhism), to oppose the oppression and tyranny, making demands on behalf justice. Their ideas had a significant influence on the development of political theory. The ruling circles have always been forced to take into account the ideology of the requirements exploited majority. Some of the ideas of the lower classes, as, say, call the biblical prophet Isaiah swords into plowshares, used in political ideology still.
Due underdevelopment, wars of conquest, and other reasons, many State of the Ancient East have lost independence or death. Difficulties in their political doctrines, as a rule, did not receive further development. Sequential continuity of the history of political and legal thought persisted Only in India and China.
|
|
|
2. The political and legal ideology of Ancient India
Lead trends in political and legal ideology of ancient India were Brahmanism and Buddhism. They emerged in the middle of I millennium BC, when the Aryan tribes that conquered India, started education classes. The roots both directions went back to the religious-mythological world view described in the Vedas - the ancient ritual books of the Aryans. Ideological differences between Brahmanism and Buddhism had taken place on the basis of interpretation of myths and rules behavior that sanctified religion. The most acute disagreement between were related to the interpretation of the rules for Varna - tribal groups, which ushered caste organization of Indian society
Varna the ancient Indians were four - Varna priests (Brahmins), Varna Warriors (Kshatriya) varna farmers, artisans and traders (Vaisyas) and the lowest Varna (Sudras) According to the Vedic tradition, caste came out of the body outer giant Purusha, from the mouth of which was born a Brahmin, from the hands -- Kshatriyas, from the hips - Vaishya, and from the feet - Sudra. Members of the first three varnas considered full members of the community. They were subordinate Sudras
On based on religious and mythological representations Brahmins have created a new ideology - Brahminism. It was aimed at establishing the rule of hereditary aristocracy in emerging nations Socio- political ideas of different schools Brahmanism reflected in numerous jurisprudential and political treatises The most influential among them was a treatise "Manavadharmashastra" ("Guide to Manu Dharma" - drawn up in the period II in. BC. E. - II into. Mr. BC.). In the n language translated a treatise entitled "Laws Manu ".
One of the cornerstones of the religion of Brahmanism was the dogma of the transmigration of souls, according to which the human soul after death would wander over the bodies of people low birth, animals and plants, or, if he had a righteous life, reborn in the person of higher social status or firmament. Human behavior and its future regeneration of the Brahmins was evaluated in depending on whether it fulfills the requirements of dharma - religious, social and family responsibilities established by the gods for each caste. Brahma instructed to study the Vedas, the leadership of the people and the training of its religion; Kshatriya supposed to engage in military affairs and manage government and public affairs was the privilege of two higher varnas.
Vaishya had to cultivate the land, graze livestock and trade. "But only one occupation of the Lord said to Sudras - the service of these (three) Varna with humility "- stated" Laws of Manu "Formally Sudras were free, but the situation in society, which assigned to them, "Laws Manu, do not differ much from that of slaves. The ideology of Brahmanism developed detailed rules of life for Sudra, as well as for other lower classes, which reckoned among born of mixed marriages, slaves and untouchables. For foreigners and tribes, who did not know division by caste, slavery recognized natural phenomenon
Ideological meaning of the doctrine of dharma was to justify the caste system and privileges of hereditary nobility, to justify the enslavement of the working people. Social status was determined by the product and is a lifetime. The transition to the higher caste Brahmins allowed only after the death of man, in his "Hereafter," as a reward for service to the gods, patience and meekness Means of ensuring caste prescriptions served Brahmanism government coercion, understood as the continuation of the punishing power of the gods. The idea of punishment was a fundamental principle of political theory - it attached such great importance that the science of governance called the doctrine of punishment "The whole world is subject to penalties by" - Proclaims "The Laws of Manu" defining coercion as the main method exercise of power, the ideologists of the priesthood saw his appointment is to "zealously encourage Vaisya and Sudra carry inherent case, so as they are, avoiding the inherent cases, shocking the world ".
|
|
|
State power "Laws of Manu" is described as a one-man reign of the emperor in Every well-ordered state, explained the drafters of the Treaty, there seven elements-king (emperor), Counselor, country, fortress, treasury, army and Allies (listed in order of decreasing importance) The most important element in this list - the king. The doctrine of the "seven-membered kingdom" with the level of development of political institutions in the early class society, especially when despotic regimes, and represents one of the first in the history of attempts create a generalized image of the state.
K deification of the royal power the ideologues of the priesthood came from the caste positions. The rulers of the Kshatriyas and Brahmins were equal to the gods, while the kings belonging to lower castes, likened to the landlord dens. Political ideal was a kind of theocratic Brahmanism State in which the king ruled under the guidance of the priests.
Brahmana claimed to have recognized the supremacy of the religious rulers of the law over the secular. Theory of Brahmanism reflect the ideas in this regard, with priesthood which fought for political hegemony in the society.
Special place in the history of ancient Indian political thought is a treatise called "Arthashastra" ("Guide of the benefits") His author is a Brahmin Kautilya - Advisor to King Chandragupta, who founded the IV in. BC. E mighty Mauryan empire. The original manuscript of the treatise processed and supplemented by about III century. Mr. BC.
Treatise reproduces the provisions of Brahmanism on caste regulations, the need provide severe penalties of the law of dharma, the superiority of the priesthood over other classes, its monopoly on worship. In full accordance with the precepts of Brahmanism authors carried out the idea of dominance hereditary nobility and the subordination of the secular rulers of the priests. The king should follow palace Priests, said in his treatise, "as a student teacher, as son of his father, as a servant of the lord ".
In However, the treatise contains ideas that do not coincide with the traditional doctrine In contrast to the priesthood of the orthodox schools of Brahmanism, insisted on the rule of religious law, the authors of the treatise has a major role in legislative activity emperor. As outlined in "Arthashastra" four types of legitimation of dharma - the king's decree, the sacred law (dharmashastry), judicial decisions and custom - a higher power has a royal decree "If the sacred law is not consistent with the dharma, established by decree, then apply should be the last, because the book of the law in this case is null and void "When absence of differences between religious law remained inviolable, and he favored over judicial decisions and common law
On fore in "Arthashastra" proposed the idea of strong centralized imperial authority. Emperor appears here unlimited autocratic ruler. Kautilya recommends kings guided primarily the interests of strengthening the state, considerations of public benefit and not stop, if circumstances so require, the violation religious duty. The focus is not paying the creators of the treatise religious justification of royal power, and practical recommendations for government. "Arthashastra" - the most complete in the Indian literature, a set of applied knowledge about politics, a sort of encyclopaedia political art.
|
|
|
These new to the idea of Brahmanism were designed to release the activity States of embarrassing her religious tradition, to save the rulers of need to verify each step with the tenets of religion. This was interested as secular rulers who sought to consolidate the state and weaken the influence of priests on politics, and certain circles of the priesthood, ready to sacrifice part of their privileges in order to consolidate the ruling classes. Ideas "Arthashastra" expresses a program of mutual concessions by the secular authorities and the priesthood. It can be assumed that the need for such mutual concessions was due to increased political activity the ruling classes in the association of the ancient Indian empire Maurya.
In against priestly religion formed Buddhism. He appeared in the VI-V centuries. to AD Its founder, according to legend, was Prince Siddhartha Gautama, known as the Buddha, ie, enlightened. The earliest extant sets Buddhist canon - "Tipitaka" (literally "three baskets" -- name, apparently derived from the fact that the texts of the canon were thematically divided into three parts) "Tipitaka" dates back II-I centuries. BC
Early Buddhism was a religious and mythological doctrine as central to them was also suggested the release of human suffering, the cause which are the worldly desires.
Preliminary condition for salvation Buddhists announced exit from the human world and join him in monastic community. In early Buddhism there are two systems religious and moral precepts: one for members of the monastic community, the other -- for laymen
In Buddhist monastic communities were allowed only free (slaves are not accepted). Incoming in the community had to abandon the family and property, stop comply with the requirements of their caste. "I'm onis called Brahman who is free of attachments and has nothing, "- said in the canon of the Buddha." But I not call man a Brahmin only for his birth or his mother. " Founder of Buddhism claimed that salvation can be achieved not only the Brahmins, but also people from other castes, if they receive the status of Arhat (Brahman) in result of spiritual asceticism. Monastic life in detail regulated.
Rules same for the laity were not designed in detail and were largely borrowed from traditional norms of Vedic religion. The peculiarity of Buddhist views on caste manifested only in the fact that the first in the list varnas called instead of the Brahmins Kshatriyas "There are four castes - the Buddha preached - Kshatriyas, Brahmins Vaisyas and Sudras. Among the four castes, Kshatriyas and the Brahmins have superiority ".
Social requirements of Buddhism, in effect, reduced to an equation of castes in the religious sphere not affect the foundations of social order. For all its apparent limited this doctrine undermines the authority of hereditary Brahmins, their claims to ideological and political leadership of society. Opposition, antizhrechesky nature of Buddhism, his indifference to caste in matters of faith, preaching of psychological self-affirmation in the face of suffering - all it has earned him wide popularity among the disadvantaged and the poor. Originally
Buddhism reflect the views of ordinary farming communes and the urban poor. In It consists of many ideas that have arisen on the basis of community-based orders remnants of tribal democracy and patriarchal traditions. For example, the first kings portrayed by elected and rights in full accord with the people in the books canon often condemns the rulers, scorned the ancient customs because selfish desires. "The king, though he has already conquered all the land to the sea and Croesus was still longed to being a voracious, those holdings, which lie beyond the sea. "Buddhist parable preserved as stories about how people, indignant at the injustice of rulers, hammers before his death, the palace of the priest, and king expelled from the country. Preacher of Buddhism is not urged, however, to actively fight against injustice. Subsequently
Buddhism has undergone significant changes. Interested in supporting leaders of the ruling classes of Buddhist communities are teaching revision. It strengthened the motives of obedience and non-resistance to existing power, tempered by the requirements of extreme asceticism, there are ideas of salvation laity secular rulers, in turn, are beginning to use the doctrine in the fight against the dominance of the priesthood and seek to adapt to the Buddhist doctrines official ideology. The process of rapprochement with the Buddhist doctrine of official ideology reaches its climax in the III. BC, when King Ashoka, who ruled Maurya Empire, moved to the Buddhist faith. Further
|
|
|
history of Indian public opinion is connected with the emergence and adoption of Hinduism - religion, absorbed elements of Brahmanism, Buddhism and some other beliefs of Buddhism is spreading mainly outside of India -- in South- East Asia, China, Japan, etc. In the first centuries AD Buddhism becomes one of the world's religions.
political and legal thought of Ancient China
heyday socio- political thought of ancient China belongs to the VI-III vv. BC In this period in the country is undergoing profound economic and political changes resulting from the emergence of private ownership of land. Height property differentiation within communities has led to a rise of wealthy layers, the weakening of patriarchal clan ties and deepening of social contradictions. There is a bitter power struggle between the property and hereditary aristocracy. Chzhouskaya monarchy, holding by authority of the tribal nobility, divided into numerous feuding state. The country covers a protracted political crisis.
In Seeking a way out of his ideological rival classes nominated program activities that would strengthen the position they represent layers and ensure political stability. In the socio- political thought formed various areas and schools. Developing on the basis previous religious mythology, they often used the same representation (for example, about the divine nature of the sky, the law of the Tao), changing their according to their programs. The most influential political scientist Ancient China is Taoism, Confucianism, and Legalism moizm.
Appearance Taoist tradition associates with the name of semi-legendary sage Lao Tzu, who lived to bring in VI. BC He is credited with drawing up canonical treatise "Tao Te Ching" (Book of Tao and DE ").
Ideology Early Taoism melkovladetelnoy reflect the views of the nobility and the community elite, their protest against the excessive enrichment of the rulers, gain bureaucracy and the expansion of state activity. Lost its former influence, these layers sought restoration of the patriarchal order.
In the doctrine is the "dao" (literally, the way). It was borrowed from traditional Chinese beliefs, which meant the right way of life a person or people, the corresponding commands of heaven Rethinking the concept, the founders of Taoism sought to discredit the ideology of ruling circles, and the first official religious cult with its dogmas about "the will of heaven" and "the emperor - the son of heaven", the laws of the Presentation Dao people. Tao in the interpretation of the followers of Lao-tzu - is an absolute world start. It precedes the lord of heaven and surpasses it with its power. Tao -- source of all existence, an endless stream of natural origin and change of all phenomena, their transition from one to another, an eternal cycle of birth and death. Man, it appears in the form of supernatural law Managing the world. In the face of this pervasive power of man can only realize his own insignificance and try and release from the passions extend your life. Existing
social disadvantages Taoists explain the fact that people devoted to worldly desires away from the original simplicity, the severed natural ties tie them to the ground, and instead rely on the wisdom of knowledge. Reason social unrest is the transition from the initial merger of man with a dao development of his abilities and knowledge.
In socio-ethically leitmotif of Taoism are the condemnation of pride, middle class and preaching moderation. Who collects a lot - he taught Lao-tzu, - he will suffer great losses. Who knows the measure, he would not be failure of "good merchant, with full barns, pretending that they had empty. In the "Tao Te Ching" reflected the widespread among communal peasant ideas about property redistribution in favor of the poor. Tao of heaven, according to the canon, "takes too much taken away and gives the fact who need it. Tao of heaven takes from the rich and give to the poor that have them taken away ". His
hope of restoring the natural simplicity of human relations Lao-tzu linked with intelligent leaders from among the hereditary nobility, who could see "the wonderful mystery of the Tao" and lead the people. "If know and sovereigns can it (Tao) to observe, that all beings themselves become calm. Then the heavens and the earth will merge in harmony, and happiness will come welfare, and the people, without orders to calm down ".
Wise Sire, Taoists taught that ruled the country with the method of non-action, ie refraining from active interference in the affairs of society Lao-tzu decried contemporary rulers, because they are too active, set a lot of taxes and restrictive laws are endless warriors. Best ruler, of whom the people know only that it exists ".
Lao-tzu encouraged to know and rulers "to settle closer to the ground," to restore regime that existed in ancient times, when people lived in small scattered villages, to renounce the use of tools and wean people from the knowledge "In ancient times, those who followed the Tao, not educated people, and made it ignorant. It is difficult to manage people when he has a lot of knowledge ".
Socio- political concept of Taoism was a reactionary utopia. She fed mindset of those sections of nobility and the community elite, whose status been undermined by increasing financial and social stratification. Lacking real force to deal with the new aristocracy, these layers are laid claim to the role custodians of sacred wisdom, not accessible to others. Simultaneously, they sought improve their property and affairs, catch up with the aristocracy of wealth, using for this purpose and community traditions of mutual aid.
Mysticism Taoism and the mystique generated interest in him from various social groups, ranging from the entourage of the kings and ending with the various conspiratorial organizations. Using a Taoist traditions and norms of the community life easier for the perception of the teachings of the peasant masses.
most influential doctrine in the history of political thought in China was Confucianism. The founder of this direction Confucius (551-479 gg. BC). defended the interests of layers, seeking to reconcile the property and inheritance know. Maxims thinker gathered his disciples in the book "The Analects" ("Judgments and conversations ").
main categories of Confucianism is the concept of the noble husband, philanthropy and rules of the ritual. These categories are closely interrelated, since constituted only different aspects of a single political ideal, considered from the point view of its speakers, the general principle and specific regulatory requirements.
manage state, according to Confucius, called the noble men, headed by the Emperor - "Son of Heaven" followed by supporters of the Board of noble Confucius argued that the division of people into "high" and "inferior" is not can be eliminated. The difference between his views on the views of hereditary nobility consisted in the fact that Confucius is not singled out on grounds of noble origin and on moral qualities and knowledge. Noble man in the teachings of Confucius - a model of moral perfection, a man who all his behavior Approves morality. It is for these criteria Confucius offered to nominate public service. "If you just stand and address unjust, the people will obey ".
Ideas Board distinguished from Confucius were clearly a compromise: representation typical of the ideology of the hereditary nobility (recognition innate differences between people, their graduation to "higher" and "inferior"), he combined with the provisions of the gateway to state apparatus nerodovitoy communal elite.
Home noble task of husbands - to educate yourself and spread everywhere philanthropy. In this concept Confucius put particular, does not coincide with contemporary content. Under philanthropy understood behavior, the respondents moral values of family and clan groups and patriarchal communities. Humanity included: parental care of children, filial piety in the family, as well as equitable relationship between those who are not bound by kinship bonds. "Honor to the parents and respect for the older brothers - is the foundation of humanity. "Common principle of human relations was the principle of "do not treat others as do not wish me ".
Postponed the political sphere, these principles were to serve as the foundation of the entire system management. Its restructuring Confucius proposed to begin with the so-called correct names, ie with the restoration of the true, original meaning existing in the society of titles and responsibilities arising from them. "The emperor should be sovereign, dignitary - dignitary, father - father, son - Son. "Emperor had the duty to treat the subjects as to their children. He should take care of plenty of food in the country, to protect her arms and educate the people. Educating citizens - the most important state case, and to implement it must force of personal example. "Manage - mean do the right thing. "In turn, the people must be filial deference to the rulers, they unquestioningly obey. Prototype organization of state power to Confucius served as control in family clans and tribal communities (patronym). The concept was a thinker one of the earliest attempts to justify the ideal of the paternalistic state.
Description ideal society in the teachings of Confucius elaborated on the rules of the ritual which play the role of the regulatory system of the state. Confucius was determined opponent of governance based on laws. He condemned the rulers, relied on the frightening legal prohibitions, and advocated the preservation of traditional religious and moral methods to influence the behavior of the Chinese. "If lead the people through laws and maintain order through punishment, people will seek to avoid (from penalties) and will not ashamed. If you lead the people by virtue and maintain order through a ritual, people will know the shame and he correct ". The list of Confucian rules of conduct covered provisions concerning the performance of ritual and worship (worship spirits, the cult of ancestors), moral precepts and rules of customary law. Stressing his admiration of antiquity, Confucius called restore rules that existed at the time of the best rulers of the Zhou Dynasty.
On pages of the book "Analects" suggested that the need for Governance no longer in general, if the rules of the ritual will all respected. Confucius and his followers did not exclude, however, that for onset that happy pores require punitive expeditions against disobedient. The main thing is, they believed, to order the punitive hikes gave a noble and loving his people sovereign, not the rulers principalities or dignitaries. Impose penalties to paternal, ie with love for people. Confucian scholar thus rejected the arbitrary administration, especially in the field, limiting the sovereign willfulness certain moral framework.
Political program of early Confucianism as a whole is conservative, although it contained and progressive ideas. Carried out in practice, it has contributed perpetuate patriarchal relations, uphold the rule of hereditary aristocracy. Confucian ideas of renewal of the ruling class at the expense representatives of the underprivileged could lead to a radical restructuring in the state, for the past, being raised on the ancient traditions themselves become active defenders of the organization of power, which defended the nobility. Concept nomination reasonably suppose only easing the conflicts between the old and the new aristocracy.
Together so some of the doctrine, as was said, had a progressive value. These include the first idea of the spread of moral knowledge and training of people regardless of their social status. Educational activities of Confucius and his students played a huge role in development of Chinese culture.
C criticism of government hereditary aristocracy made of Mo-tzu (approximately 479-400 years. dong. e.) - founder of the school moistov. His teachings are followers in the book "Mo-tzu".
Moizm expressed the interests of small property owners - free farmers, artisans, traders, the lower ranks in the state apparatus, social status which was unstable and contradictory. On the one hand, they were close to working masses and to some extent, adopted their beliefs, but on the other -- having achieved a certain status in society, sought to approach the ruling elite, demanded for himself the privileges of the upper classes. The same contradictions was permeated with the teachings moistov.
Reproducing some representations of the lower classes, moisty condemned substitution government positions on the principles of origin and kinship. They argued that all people are equal before the divine sky: "The sky is not distinguishes between small and b?? room for improvement, noble and vile, all people - the servants of heaven. "At public service should require the most wise, regardless of origin. From these positions they have been criticized and conciliatory Confucian doctrine, which permitted the innate knowledge of a hereditary aristocrats and limited the nomination of the wise kind of educational qualifications. The source of wisdom, pointed Mo-tzu, are not innate goodness and reading books, and knowledge gleaned from the life of ordinary people. Management State does not require training. Human capacity for public Management defines its professional qualities - a desire to serve commoners, diligence in the affairs, etc. "If a man has ability, then it must be brought, even though he was a simple farmer or craftsman ".
In confirmation of this conclusion, Mo-tzu cited example of the ancients. First ruler according to the concept, people chose the most worthy. Received from the sky and the spirits right to control the Middle Kingdom, he became the emperor - "son of heaven." Ancient rulers, argued Mo-tzu, benefit the whole nation. Among them Many were from the lower classes: one first sculpted pots, the other was slave, the third - a bricklayer. The cause of the current turmoil and chaos is that rulers rejected the precepts of antiquity, indulge greed, are due to this endless war, the common people plunged into poverty. Teaching moizma on nomination wise contained in embryo the idea of equality, has sought to justify the possibility transfer of supreme power to representatives of the working people.
Contradictions in teaching moistov began when they moved from criticism of the existing orders to the statement of principles and methods of management in an ideal state.
In opposed to the Confucian principle of humanity, Mo-tzu put forward the principle of universal love. Confucian humanism, he said, is selfish love, based on the attachment of blood and the priority of the related ties. But this love is not yet true love. True philanthropy involves the same fair treatment for all people without differences of kinship or classes. Mo Tzu dreamed that "people helped each other to a strong helping the weak people to teach each other to knows taught ignorant, would share the property with each other. "In this part concept was based on every day life in the communities understanding of reciprocity and property redistribution.
Along with this universal love was interpreted by Mo-tzu as a mutual benefit that gave him the concept of a completely different meaning. From the generous virtues requiring abandon surplus property for the common good, universal love transformed into a prudent domestic labor for quite tangible benefits. With regard to relations within the ruling class mutual love meant for example, that advisers and officials from the love of the emperor to exercise due diligence to service, do not hesitate to obey him, and he pays them responsive love -- Designates
in world history of political and legal doctrines concentrated a great political and legal experience of past generations, reflects the main trends, milestones and outcomes prior to research problems of freedom, law, legislation, policy, state. This experience has a significant influence on modern political and legal views.
Chapter 1. The political and legal thought in the Ancient
East
? 1. At the root of political and legal thought
political and legal doctrines have appeared only in the relatively long existence of early class societies and states.
In its origin a political and legal thought from ancient People in the East and West - the ancient Egyptians, Indians, Chinese, Babylonians, Persians, Jews, Greeks, Romans and others - back to mythological origins and operates the mythological concepts of man's place in the world. At the early stage of its development perspectives, conventionally referred to as the political and legal, have not yet differentiate in a relatively independent form public consciousness and in a special area of human knowledge and constituted an integral moment of the mythological world view.
For myths characteristic identity information (error occurring events and famous deeds of the gods) and regulatory
(certainly a need for people to reckon with these events and etc.) points of the narrative of the mythical facts.
earthly order, according to ancient myths, an inseparable part of global cosmic order, having a divine origin.
In line with this understanding of myth and highlights the theme of earthly life, their social and state structure, their relationship among themselves and with the gods, their rights and responsibilities - in short, all that that they are allowed, and that they are forbidden.
divine source is the prevailing social and political legal orders - the main idea and theme of ancient myths. The myths ancient peoples of different solved and highlights the question of how and nature of the relationship of the divine with the earthly relationships. One or different version of the divine origin of earthly power and order a universally valid model of arranging them accordingly and both the dominant ideology, which has no competition in the face other ideas, opinions, viewpoints, etc.: a myth challenged is the beginning of its rationalization.
Different versions of the myth of interest primarily as cognitive reflection in the form of the myth of different options to streamline and regulation of the corresponding social relations.
In the myths some people referred to the original the direct rule of the gods, who then taught the people art of management and handed over power to earthly rulers.
According to the Chaldean and ancient myths of the gods a source of power of the ruler, however, and themselves continue be the arbiters of earthly affairs and human destinies.
well-known identity is inherent in the religious-mythological representations of the ancient Jews. In their version of the One True God is in a special contractual relationship with the entire Jewish people, is its head and king.
According to old Chinese myth of the divine origin and nature of earthly power, is a person of the supreme ruler
Celestial (Emperor of China) is the only point of connection with higher, the heavenly powers. All power is concentrated on those views, in the person of the supreme ruler as his personal potency and inner strength, and all other officials and state apparatus in general - only the power of personal assistants ruler.
These mythological version of the divine nature earthly order underlie more specific beliefs about power, management, law, justice, justice, etc.
In accordance with mythological and religious beliefs ancient Egyptians, truth, fairness and justice embodied goddess Maat (Ma-am). Judges were the image of the goddess and were considered its priests. The divine nature of earthly power (Pharaoh, the priests and officials) and officially approved codes of conduct, including and the main sources of the then law (customs, laws, judicial solutions), meant that they all meet (or have in their meaning of match) ma-at - naturally - the divine order justice.
By drevneshumerskomu myth, as the patron justice, defender of the weak and oppressed by god Shamash appears, severely punishing the evil, deceitful, unfair and wrong. Anyone who breaks the "path of Shamash" - the path of truth, justice and rights waiting for the then ideas, imminent and severe punishment.
Transgress the "path of Shamash" meant to commit a crime, violate right. Sumerian and Babylonian rulers consistently subordinated divine nature of their power and their laws, their relationship the same divine law and justice.
These views are widely reflected in the famous Chaldean politico- legal monuments 18 BC - Hammurabi.
Justice, referred to in the laws of Hammurabi, implies division of people into freemen and slaves, the unequal position themselves free, members of different social classes, etc.
mythological representation of the ancient Persians have found their development and expression in Zoroastrianism. The state, according to Zoroastrianism, should be the earthly incarnation of the heavenly kingdom Ormuzd (bright deity).
Estates division of society based on free choice of each of an occupation. At the head of the individual classes must be the most virtuous people.
process of gradual rationalization of the original myth representations of social life, politics, state and law and rudiments of theoretical views in different areas socio- political knowledge among different peoples and proceeded with different intensity, took different forms and had a disparate impact.
But in general, the general trend towards a rationalistic interpretation of socio - political phenomena quite clearly seen in 1 millennium BC in all the cultural centers of the world then.
significant bridging role between the mythological perceptions and subsequent rationally orienting political and legal views and concepts played a religion. For all its specificity religion thematically and chronologically follows the myth is in relation to the primary myths about the gods followed, secondary education.
mythological ideas and the overall experience approach to organization of social life had a great influence on subsequent legal and political thought - both directly in the era formation of religious, philosophical and scientific concepts of embryonic policies, state and law, and in subsequent periods of development Political legal doctrines.
? 2. The political and legal thought in ancient India and the Ancient
China
a noticeable influence of mythological and religious representations formed and developed political and legal thought in ancient India. The beginnings of the ideology of Brahmanism already found in a number ancient Indian monuments II millennium BC, referred to as a whole
Vedas. The Vedas say about the division of society into four caste
(class) are created by the gods of Purumi (the world body and spirit): "... Brahmin became his mouth, his hands - Kshatriya, his thighs became Vaisya, from legs created Sudra?.
World Act (PTA) defines the constitution (structure) of society, place, role and position (including legal status) of various Varna (classes), and, consequently, the rights and obligations as members and of Varna. All Varna and their members must follow the divine submitted to them dharma - the law, duty, customs, rules behavior.
inequality of rights and duties of members of various varnas includes and their inequality before the law in matters of crime and punishment. Special privileges in this respect enjoy Drachmann.
criticized a number of key provisions of the Vedas and brahmonistskoy ideology in general acted Siddhartha Gautama, known as the Buddha. He rejected idea of God as the supreme personality and moral ruler of the world primary source of law "Brahman" for Buddhists - it is not a member of a privileged caste, and every person who, regardless of their social class has achieved excellence through personal effort.
in the understanding of the Buddhist dharma serves as the administering of the world natural law, natural law. Worldview early Buddhism permeated preaching humanism, kindness to others people.
Buddhist installation on individual salvation and achieve nirvana, and explains the characteristic of Buddhism neglect real political and legal phenomena that are generally regarded as part of the overall chain of earthly misery.
fundamental role in the history of ethical and political thought China played Confucianism. His views are set out in the book
"Lun Yu" ("Conversations and expression"), compiled by his disciples.
Confucius developed the patriarchal-paternalistic concept state. The state treated them as a big family. Power Emperor's power is likened to the father, and the relations of ruling and subordinates - family relations, where the youngest dependent senior.
Socio- political hierarchy of people based on the principle inequality of people. Thus, Confucius advocated an aristocratic concept of governance, because the common people completely removed from participation in government. Confucius urged rulers officers and subordinates to build their relations on the basis of virtues.
regulation of political relations by rules virtue in the teachings of Confucius sharply contrasted to the management the laws.
Founder moizma Mo-tzu developed the idea of natural equality all people and gave a rationale for the contractual concept of the state, which is based on the idea of belonging people of the supreme power.
In search of "a single image of justice" Mo-tzu put forward the idea contractual origin of state and government. In antiquity he says, there was no control and punishment, "each had its understanding of justice, "reigned enmity among people. Important place in teachings of Mo-tzu is a requirement into account the interests of ordinary people in process of governance. "Opinions, - he stresses -- be applied in government, proceeds from the interests of the commoners Celestial?.
is considered the founder of Taoism Lao-tzu, whose views described in the Book of Tao and te. Lao-tzu describes the dao as independent of the heavenly lord natural course of things, natural legitimacy. Tao determines the laws of heaven, nature and society. It represents the highest virtue and natural justice. In respect to the Tao are all equal. Significant role in Taoism play the principle of non-action, refrain from active operations.
basic ideas of ancient Chinese Legalism outlined in the treatise "Shang Chun Shu. Several chapters of the treatise written by Man Yang. This theoretical Legalism and one of the founders of the school "scribes" (fa-jia) made justification based management, law (fa) and severe punishment. The whole concept of governance proposed by Man-Yan, riddled with hostility to the people, extremely low estimate of their qualities that through violent measures (violent acts) they can subdue desired "order". Considerable importance in the organization Control Man Yang and his followers, along with penalties attached introduction of the principle of collective responsibility.
Chapter 2. Political and legal doctrines in Ancient Greece
outstanding role in the history of the formation of political and legal exercises played thinkers of ancient Greece. They stand at the origins of the theoretical approach to the problems of the state, law and policies.
efforts of the Greek scholars had been making a transition from mythological perception of the world to ratsonalno-logical way of knowing it and explain.
development of political and legal thought in ancient Greece can divided into three stages: the early period (IX - VI centuries BC) is associated with emergence of the Greek state. During this period a noticeable rationalization of political and legal concepts and formed a philosophical approach to the problems of State and Law, the heyday of the (V - the first half of IV century BC) -- is the heyday of ancient Greek philosophical and politico- legal thoughts Hellenistic period (second half of the IV - II century AD until ordered last time) -- time began the decline of the Greek state, falling Greek states under the authority of Macedonia and Rome.
Let's dwell on each of these periods.
At the early stage of its development outlook of the ancient peoples world are mythological character. In these times of political and Legal opinions are not in a separate area and constitute an integral part of the mythological world view. In the myth of the divine sway origin of the existing relations of power and order. Law and the law not already assigned to a special area regulations and exist in a dimension be approved by the religious order of private, public and state life. The laws of this time are intertwined mythological, religious, moral, social and political moments, and legislation in general is elevated to divine the original source.
Laws or directly attributed to the gods, or their surrogates -- rulers.
political and legal doctrines appear only during relatively prolonged existence of early class societies and nations. Ancient myths are losing their sacred character and begin to be ethical and politico- legal interpretation. This is particularly evident in the poems
Homer and Hesiod. According to their interpretation, the struggle for power over the gods world and change the supreme gods (Uranus - CZK - Zeus) was accompanied by change the principles of their rule and dominion, which was manifested not only in the relationship between the gods, but also in their relationship to people throughout the procedure, forms and rules the earth's social life.
characteristic of the poems of Homer and Hesiod's attempts to rationalize understanding of the ethical, moral and legal order in human affairs and relationships are further developed in creativity of the Seven Sages of ancient Greece. They are usually seen as members
Thales, Pittak, Periander, Biant, Solon, Cleobulus and Chilo. In their short sayings (gnomes), these sages have formulated quite rational and secular in spirit, ethical and political Maxim. Sages repeatedly emphasized the fundamental importance rule of just laws in the polis life. Many of them themselves were active participants in political events, rulers or legislators and strive for implementation their political and legal ideals. Compliance with laws, in their opinion -- essential feature of a well-ordered policy. So, best public Biant think that such a device, where the citizens fear of the law to the same extent as would fear the tyrant.
The idea of the need to transform the public?? x and politico - legal orders on the philosophical foundations were made by Pythagoras, Pythagoreans (Archytas, Lysis, Philolaus etc.) and Heraclitus. Criticizing democracy, they justified the noble ideals of the Board
"Best" - intellectual and moral elite.
decisive role in the whole outlook of the Pythagoreans played theory of numbers. The number of their ideas - this is the beginning and the essence world. Accordingly, they tried to identify the digital (mathematical) the characteristics of a moral and politico- legal phenomena.
In publicizing the problems of law and justice Pythagoreans first began to develop a theoretical concept of "equality", so essential for understanding the role of law as equal steps in regulation of social relations.
Justice, according to the Pythagoreans, is the reward equal for equal.
ideal of the Pythagoreans is the policy, which dominated fair laws. Orderliness they considered high virtue, but the laws themselves - a great value.
worst evil Pythagoreans considered anarchy. Criticizing it, they noted that man by nature can not do without management, superiors and proper upbringing.
Pythagorean idea that human relations can be cleaned from the strife and anarchy, and are given in proper order and harmony in the future have inspired many followers ideal system of human life.
author of one of these ideal models of the policy was Faley
Halkedonsky, who argued that any kind of internal disturbances arise because of issues relating to property. To achieve the perfect device polis life, it is necessary to equalize landed property of all citizens.
views opposite Pythagorean followed Heraclitus.
The world is not formed through the merger, and through the division, not through harmony, but through struggle. The thinking, according to Heraclitus, is common to all, obnako, most people do not understand vseupravlyayuschego mind, which follow. Accordingly, he divides people on the wise and unreasonable, the best and worst.
socio- political inequality is justified by them as inevitable, legitimate and fair result overall fight.
Criticizing Democracy, which governs the crowd and no place better, Heraclitus advocated the rule of the best. In his opinion for the formation and adoption of the law is not necessarily universal approval at the national meeting: above the law - its conformity with the universal logos
(vseupravlyayuschemu mind), understanding what one (better) more accessible than many.
principle common to the approaches of Pythagoras and Heraclitus exerted considerable influence on subsequent thinkers, is the choice their intellectual (spiritual, not natural) criterion opredelniya what is "best", "noble", "well-intentioned" and etc. (all of this - the symbols of "aristocrat"). With this transition from aristocracy of blood to the aristocracy of spirit, she herself transformed from closed caste in the open class, access to which was placed in Depending on the individual merits and efforts of each.
development of political and legal thought in the V century largely contributed to the deepening of the philosophical and social analysis of the problems society, government, politics and law.
Democritus have found one of the first attempts to consider voznikonovenie and becoming man, the human race and society as part of the natural process of global development. In this process, people are gradually under the influence of the needs of imitating nature and Animals and relying on their own experience, acquired all of its basic knowledge and skills necessary for social life.
Thus, human society appears only after long evolution as a result of progressive changes in source natural state. In this sense, society, policy, legislation created artificially, but not given by nature. However, their very origin is a natural necessity, not random process.
In the state, according to Democritus, presented the common good and justice. Interests of the state above all else, and caring citizens should be directed to the device and its better management. For maintaining national unity requires unity of citizens, their mutual, vzaimozaschita and brotherhood.
Laws of Democritus, designed to ensure prosperous life people in the policy, but to actually achieve these results, requires the effort of the people themselves, their obedience to the law. Laws, respectively, are needed for ordinary people in order to curb the inherent envy, strife, mutual injury. From this perspective, a wise man such laws not need.
In terms of strengthening and flourishing of ancient democracy political Legal issue widely discussed and linked with the names of the Sophists.
The sophists were paid teachers of wisdom, including in matters State and Law. Many of them were outstanding educators his age, profound and daring innovators in the field of philosophy, logic, epistemology, rhetoric, ethics, politics and law.
Sophists were not a single school and developed various philosophical, political and legal views. Distinguished two generation Sophists: Senior (Protagoras, Gorgias, Prodicus, Hippias, etc.) and Junior (Frasimah, Callicles, Likofron, etc.). Many of the senior Sophists generally adhered to the democratic beliefs. Among Junior Sophists, along with supporters of democracy are found supporters and other forms of government (aristocracy, tyranny).
principled criticism of the Sophists was Socrates. Even during his lifetime he was recognized as the wisest of all men. Arguing with the Sophists, he, together with to perceive some of their ideas and developed their own way they have begun educational work.
Socrates zadimalsya search for rational, logical-conceptual justification of the objective nature of ethical evaluations, ethical nature of the state and law. Discussion of moral and political provlematiki Socrates raised the level of concepts. Thereby laying began his own theoretical research in this area.
Socrates distinguished between natural law and the law of the policy, but he believed that natural law and the polis law back to a reasonable Top. His conceptual approach, Socrates sought to reflect and formulate this very reasonable nature of moral, political and legal phenomena. In this way he came to the conclusion of the triumph reasonable, fair and lawful.
In terms of practical politics Socratic idea meant Board of knowing, ie justification of the principle of a competent government, in teoretitcheskom plan - an attempt to identify and formulate moral and rational basis and essence of the state.
disciple and follower of Socrates was Plato. The doctrine of ideas appear in Plato's dialogues "State", "politician?.
meaning of Plato's doctrine of ideas is that
"True existence - is some reasonable and incorporeal ideas" and sense of empirical data of the body, things and phenomena - not true, because in general refers not to being, but to something rolling, formation.
In his dialogue "The State" Plato, designing the ideal fair state, proceeds from the match, which, his ideas, there is a space between as a whole, the State and individual human soul. Justice is to Each began to deal with their own business and not interfere in the affairs of others.
In addition, equity requires hierarchical subordination of started in the name of the whole: the ability to reason ought to prevail; fierce top - to be armed protection, submitting the first top, both of which started to manage the start lusting, which is "to nature craves riches?.
determining policy, as a joint settlement, due to general needs, Plato detail justifies the position that best meet these needs requires the division of labor between citizens of the state..
State treated them as the realization of ideas and best feasibility of the world of ideas in the earth's socio- political life
- In the policy. Ideal state of Plato - the fair board best. In this he shared the natural-law position of Socrates that the legitimate and fair one and the same, because they are based is divine.
Understanding change and shift the various public-state forms as the rotation within a certain cycle, Plato speaks ratio of five types of government (aristocracy, timocracy, oligarchy, democracy and tyranny) of the five types of mental make-up.
thinkers of ancient Greece made a significant contribution to the development political and legal views in the theoretical development problems State and law. This is due to their significant impact on subsequent authors and their reserves a place in the history of political legal doctrines.
In an exemplary state, whose ruler guided by the true knowledge, Plato distinguishes here three types government (monarchy, government by the few and the majority rule), each of which, depending on the presence or absence of the rule of law are divided in two: the law of the monarchy - that the imperial authority, and unlawful -- tyranny; legitimate power of the poor - the aristocratic, the illicit -- oligarchy; more democracy to the laws and no laws. Total, together with true rule, only seven forms of the state.
Politics - this is according to Plato, royal art, which requires knowledge and skills to manage people. In all other states, led which there is no true rulers, the board must be through laws, written as best we reduce human beings.
notable influence piifogoreyskoy digitally mysticism and religious mythological beliefs marked the last work of Plato - "Laws?.
in the "law" depending on the value of property nationals divided into four classes. None of the individuals has the right to own gold and silver. Usury is forbidden. Excludes any luxury.
further development and deepening of the ancient political and legal thought after Plato associated with the name of his disciple and critic -
Aristotle.
Aristotle attempted to fully develop a science policy. Politics as a science he is closely linked to ethics. Academia understanding of the policy suggests that, according to Aristotle, developed presentation about morality, knowledge of ethics.
objects of political science is excellent and fair, but the same facilities as the virtues of study and in Ethics. Ethics is presented as the beginning of the policy, the introduction to her.
Aristotle distinguishes between two kinds of justice: and call the distributed. The criterion of egalitarian justice is
"Arithmetical equality", the scope of application of this principle - region civil- legal transactions, damages, penalties, etc.
Fairly distributed based on the principle of geometric equality "means the division of commons for the dignity, in proportion to the contribution and the contribution of a member communication. Here possibly as equal and unequal benefits of granting the relevant
(power, honor, money).
main outcome of ethical research, essential for policy is the provision that political justice can only be free and equal human beings, belonging to one community, and has the purpose of their complacency.
State, according to Aristotle, - a product of natural development. In this respect it is like this naturally arising primary communication, as family and village. But the state - the highest form of communication, embraces all other communication. In political
