1. Introduction
In middle of I millennium BC Greece completed the transition to slave system. On the nature and timing of this transition is critical impact has emerged quite early Greeks maritime trade - it development stimulated the growth of cities and the establishment of Greek colonies around the Mediterranean, propelled the property stratification of society. Thanks lively relations with other countries in shopping centers of Greece became a powerful centers of culture, which gathered the latest advances in technology, science, literature and law.
Socio- political system of ancient Greece was a peculiar system of independent policies, ie, small, sometimes even tiny states. Area policy consisted of the city and surrounding villages. According to the calculations of modern historians strength of the free population policy is rarely reached 100 thousand man.
General feature of the polis life VII-V vv. BC was the struggle between the tribal aristocracy, becoming a slave hereditary nobility, and trade and craft circles, formed together with separate layers peasantry democratic camp. Depending on the superiority of one party or another State power in the policy took the form of an aristocratic government (eg, at Sparta) or democracy (Athens), or transient government tyranny (tyranny - the power of one or more persons, usurped her force).
C transformation of slavery in the dominant mode of exploitation increased property free inequality, exacerbated social contradictions of Greek society. Wealthy slaveholders, pushing the nobility and the democratically minded middle classes, set in a number of policies oligarchic regimes. The struggle among the free population contributed to the antagonistic relationship slaveholders and slaves. Based on the rule of aristocracy or democracy State policies were combined in the military- political coalition State unions (the Delian League, Peloponnesian League under the hegemony of Sparta and others). The struggle between these coalitions creates political coups in the policy and the internecine wars, the most ambitious of which was Peloponnesian War 431-404 years. BC
In result of protracted civil wars, undermined the economy, policies are in decline and undergoing a deep crisis. In the second half of IV century. to AD ancient Greek states were conquered by Macedonia, and later (II century. to AD) - Rome.
Political ideology of ancient Greece, like other countries in ancient times, formed in process of decomposition of the myth and the allocation of relatively independent forms of public consciousness. The development of this process in ancient Greece, where the situation slave-owning society, was particularly significant in comparison with countries of the Ancient East.
Intensive trading activity of the Greeks, increasing their cognitive horizons, improving technical skills, active participation of citizens in affairs policy, particularly democratic, triggered a crisis of mythological ideas and encouraged to seek new ways of explaining what is happening in the world. On these grounds in ancient Greek philosophy emerges as a special, theoretical form of ideology. Political and legal concepts are beginning to develop in within the general philosophical teachings.
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In of philosophical outlook were then all forms of theoretical consciousness - the natural philosophy, theology, ethics, political theory, etc. Political and legal doctrines of ancient Greece took shape as a result of complex interactions of political ideology with other forms of social consciousness.
For development of socio- political theory of paramount importance was the expansion empirical knowledge. The diversity of political experience in States policy, stimulated theoretical generalizations practice exercise of power and the creation of exercises, which raise issues of states, their classification, the best form of the device. Legal thought of ancient Greece is constantly appealed to the comparative study laws, which installed the first legislators in the policy (Lycurgus - in Sparta Solon - in Athens). In the works of Greek thinkers developed a classification of the forms of the state (monarchy, aristocracy, democracy, etc.) included in the conceptual apparatus of modern political science.
On content of ancient political and legal concepts has also had a huge impact development of ethics, adoption of the slave society in the individualistic morality. Private property relations and slavery undermined the patriarchal foundations of community life that prevailed in the policy, opposed to each individual friend. If the ethical and political concepts of the Ancient East, it was about one or different interpretation of communal morality, in ancient Greece to the forefront put forward issues relating to the position of the individual in society, the possibility moral choice and the subjective side of human behavior. Based on the ideas moral freedom of the individual, the democratic representatives developed the doctrine of equality of citizens and the contractual origin of the law and the state.
Beginning from III century. BC, when ancient Greek states lost their independence, in the public consciousness is undergoing profound changes. Among free population growing mood of frustration and political indifference, amplified religious quest. Theoretical studies of policies in this period replaced moralizing individualistic persuasion (stoicism, a school Epicurus).
2. The development of democratic exercises. Senior sophists
slave-owning democracy has reached its height during the second half of V. BC. e. when economic and political center of ancient Greek society began to Athens. In historical literature of this period was fixed name "golden age" Athenian democracy, or on behalf of one of its leaders, "Age of Pericles".
Political thought the slave-owning democracy has received support in the works Sophists.
Appearance Schools of the Sophists as a social movement was caused by the strengthening of democratic failure of Athens in the second half of V. BC Sophists (the word comes from Greek "sofos" - wise) then called philosophers who taught the art of debate, argue, speak in court and the assembly. This against sophists realize practically one of the ideas of democracy program - The idea of learning the wisdom, knowledge.
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In focus of the Sophists were questions of law and politics, ethics, methods evidence and public speaking. Interest in these issues was largely due to ideological democracy: because knowledge assigned role of the criterion in selecting candidates for public office, so far important place in the training was to prepare the listener to take political activity, to performances in the national assembly and the court. By
-established tradition distinguish between senior and junior Sophists. By prominent the older generation belonged to the Sophists Protagoras, Gorgias, Hippias and Antiphon. The senior held the sophists in general, progressive Democratic views.
One of the founders of this direction was Protagoras. According to the famous myth Protagoras, which tells about the origin of society, people initially differed from animals only the ability to handle the fire. This skill of his taught Prometheus stole fire from the gods. Gradually, people have mastered crafts, but continued to live scattered, they had no weapons, and they died from attack of wild animals. People do not know it was the ability to live in the community. As Once they got together, so immediately began discord. Then the gods brought shame and truth, giving them all the people, so that each became involved in justice and political skills. No State can stand, Protagoras concludes, if the art of politics will own a few.
Myth Protagoras only superficially resembles religious traditions. The creation of this myth was aimed precisely at that refute the traditional mythological presentation of the "golden age" in the past, the need to return to the old days. Protagoras draws in his myth of the helpless man's existence before the formation State, hold the idea of bottom-up development of culture and improve public life as the accumulation of knowledge. Protagoras argued that the laws refer to works of art and that, like any other craft, justice in public affairs can be learned. "Virtue, - noticed he - can be acquired. " The idea of equal involvement of people to justice cited in support of the fact that in government should participation of all citizens.
Protagoras and other senior sophists emphasized the changing nature of representations rights. On the same subject, taught Protagoras, may be made to two opposing opinions, and none of them will not be more true than another. For example, a sick person food seem bitter, and healthy - sweet and delicious. They both will be in its own right. Recognized the truth and common good simply does not happen. The bearer of knowledge and justice is not only wise, but and every individual. This idea Protagoras expressed in the formula, which perceived by contemporaries as a kind of slogan Sophists:
"Measure all things - people do exist, they exist, but non-existent, that not exist ".
Building presentation of the relativity of morality and convention, Gorgias singled virtue for men and women, free and slave, virtue for each age, occupation and the particular case. Sophists of the older generation filled teaching about morality individualistic content. Justice actions asked to assess, depending on the conditions of place and time condition rights, etc. Such a concept, denying the existence of absolute common good, were later called ethical relativism.
In demands renewed spirit of slave-owning democracy senior Sophists developed doctrine of the law. They argued that the laws, in essence, is that higher justice, which can not claim a single person, no matter how wise and virtuous he may be. The law is the expression of a coherent, "Reciprocal fairness" (Protagoras), something like the sum of individual virtues. Consequently, senior sophists joined the political theory definition of law as a treaty, as individuals or jointly set people.
Hippias under the law to understand "that the citizens of a general written agreement, finding what should and what should abstain. Antiphon equated justice to the execution of the law. Justice is to "not violate the laws of the State in which memberships citizen. Requirements laws - the result of the agreement.
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Surviving Sources indicate that some sophists used the contrast laws of nature and to criticize the existing polis orders. Laws reasoned Antiphon, artificial and arbitrary, whereas in nature everything happens by themselves, if necessary. Greeks, honoring notable, coming in, like barbarians. "By nature we are in all respects equal, in fact (the same) and the barbarians, and Greeks. It is pertinent to draw attention to the fact that all people want from nature same. One of the younger Sophists Alkidamant declared that "God made all free, nature will not make a slave ". These
statements Antiphon and Alkidamanta represent nothing more than a the simplest form of moral criticism of the privileges of the aristocracy and free citizens. It would be a mistake to perceive there is something more - the condemnation of slavery, the recognition natural human rights, equality of all people, etc. Political thought slave-owning democracy were not known representations of general equality. It is no accident the proclamation of equality of the Greeks and the barbarians at Antiphon is adjacent to the statement, where the concept of "barbarian" was used as synonym of human depravity. Antiphon repeated here frequently judgments about the superiority of Greek culture over the barbaric world. "Natural Equality Sophists did not exclude slavery by "the law" or "mental excellence ".
Situation Alkidamanta, quoted above, contains no condemnation of slavery, and polemical attack on the aristocratic theories, in which slavery substantiated by references to nature (see? 3, section on Aristotle). Denial barbarism and slavery by nature was beneficial primarily commercial and industrial interlayer, consisting of underprivileged citizens, Metekov (foreigners) freedmen and others not having civil rights in the policy, they seek for themselves the privileges arising from "free birth", the equality citizens and from owning slaves to the "legitimate" grounds. Representations of slavery to establish (by "law") shares the wide community, democracy and represent a distinguishing feature of the justification of slavery.
In IV in the first half. BC sophistry as a movement primarily supporters of democracy degenerates. Teaching Sophists all more restricted domain of rhetoric (the art of rhetoric), the theory evidence, logic. The possibility of such training did not fail to take aristocracy. Among the younger Sophists were therefore representatives and democracy (Alkidamant, Likofron), and the aristocratic camp (Callicles).
Under the influence of criticism from ideological opponents, especially Plato and Aristotle, the term "sophistry" gets the value of the imaginary, surface philosophy and eventually became a generic name to refer to any kind of verbal and logical exaggeration.
Development political and legal ideas of democracy in the IV. BC continued speakers led Demosfenom. In their speeches, they stressed the equality of citizens, the sanctity Act as a guarantor of civil rights, defended the rights of owners to their property, pointing to the positive role of wealth in public life, prove the benefits of a democratic system in comparison with other forms of State and called for the unification of Greek states under the rule Athens.
Ideological legacy of ancient Greek democracy was one of the sources politico- legal concepts of modern times.
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3. Political and legal doctrines of the aristocracy. Plato Aristotle
Crisis mythological worldview and the development of philosophy made ideologues aristocratic elite to reconsider their antiquated views, create philosophical doctrine, capable of resisting the ideas of the democratic camp. His highest development of the ideology of the Greek aristocracy reaches philosophy of Plato and Aristotle.
Plato (427-347. BC) - founder of the philosophy of objective idealism. His views formed under the influence of Socrates, the famous sage who carried out the life in interviews and debates in the Athens area. The content of these discussions is reflected in the early works of Plato, which are usually isolated in a special group of so called Socratic dialogues.
After the execution of Socrates in 399 BC Plato left Athens and made several trips, including in Egypt and southern Italy. On his return he founded in a suburb of Athens philosophical school called "Academy". Dialogues and letters written Plato, after the establishment of the Academy, considered to be mature works of a thinker. The core
Platonic philosophy is the theory of ideas. The world of sense objects and phenomena Plato contrasted special world of ideas, or general concepts that said to exist somewhere beyond the sky. Disembodied ideas are eternal and immutable, it is inherent in true existence. Our world, Plato explained, is like the average position between "authentic existence" and the world of nothingness. Similarly, people: to order as may dwell in the outer man, his soul remained in the realm of ideas. Knowledge Rights on the natural environment, according to Plato, can not be true. A reliable knowledge provide only restoredremembrance of the souls that she contemplated, being in the world truly exists. Objective idealism of Plato merged with religion and mysticism. Philosophy in his works, especially of late, acquired features theology. Criticizing the sophists as representatives of naive materialism Plato wrote bluntly: "Let us take the measure of all things will be mainly God, far more than any man, contrary to the assertion of some ".
Political and Legal Questions focus on the most important dialogues of Plato's "The State" and "laws".
In dialogue "State" ideal system of government, Plato considered by analogy with the cosmos and the human soul. Just as in the human soul is three principles, and the State shall be three classes. Reasonable start soul the ideal state of the government-philosophers, fierce top -- warriors, lusting - farmers and artisans. Estates division of society Plato declared the condition of the strength of the state as a joint settlement citizens. Unauthorized transfer of the lower class in the university and is not valid the greatest crime, because each person must be engaged in business, to which it is intended by nature. "Mind his own business and not interfere in others - this is justice ".
Platonic definition of fairness was intended to justify social inequality, division of people into higher and lower from birth. In support of its aristocratic ideal of Plato proposed to inspire the citizens of the myths about how God mingled in the date people of metal particles: the souls of those that are capable edit and therefore most valuable, he mingled with gold, in the heart of their assistants -- silver, and in the hearts of farmers and artisans - iron and copper. If y the last child is born with an admixture of noble metals, then its translation in higher level is only possible on the initiative of the rulers. At the head of state Plato argued, is necessary to put the philosophers involved in the eternal good, and able to embody the celestial world of ideas in the earthly life. "While in the States not will reign philosophers or so-called current kings and lords did not become noble and thoroughly philosophize.., until the States can not get rid of evil. " The draft of an ideal organization of government, Plato departs from principles of the "aristocracy of blood" and replaces it with "the aristocracy of spirit." Substantiating this idea, he gave the philosopher-rulers as the intellectual elite -- exclusivity of intellectual, moral perfection, etc.
Mechanism exercise of power (its unit, the role of the law) he did not attach in the dialog "The state of special significance. In particular, about the form of government in model state said only that it can be either a monarchy, if edit will be a philosopher, or aristocracy, if the rulers will some. Emphasis is given to issues of education and way lives of citizens. To achieve unanimity and cohesion of the two higher classes, together form the class of custody of the State, Plato sets their community of property and life. "First of all, no one should have any private property if it is not entirely necessary. Then none should not be such a dwelling or pantry where you do not have access to every wants. Grocery stores are guardians of the third estate in the form natural supply. Money in custody there. Live and eat they must work together, both during the military campaigns. Guards are prohibited to have a family, to introduce them community of wives and children.
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image life of the Third Estate Plato covered from the perspective of diversity social needs and division of labor. Citizens of the Third Estate allowed to have private property, money, trade on the markets, etc. Brilliant foresaw the importance of division of labor in the economic life of society, Plato so no less in favor of limiting economic activity and preservation of agricultural closed, self-sustaining state. Production activities farmers and artisans will be supported at a level that would provide the average wealth for all members of society and at the same time to exclude the possibility of elevation of the rich over the guards. Dealing in public property stratification - the most important socio-economic feature of an ideal system, which distinguishes it from all others, perverse, States. In the past entered into two warring states: one - The poor, another - the rich ".
prototype ideal political system for Plato served as aristocratic Sparta, more precisely, its continuing patriarchal relations - the organization of life ruling class, modeled on the military camp, the remnants of the community ownership, group marriage, etc.
Characterizing perverted form of the state, Plato had them in order of increasing degradation compared with the ideal.
Degeneration aristocracy of the wise, he said, entails the adoption of private Property and treatment of slaves in the free farmers of the Third Estate. So there is the Cretan-spartan type of state, or timocracy (from "Tim" -- honor), the rule of the strongest warriors. The state with the rule timokraticheskim will always fight.
Next form of government - oligarchy - appears as a result of accumulation wealth by individuals. This system is based on property requirements. Power grab a few rich while the poor do not participate in management. Oligarchic nation torn by hatred of the rich and the poor will constantly at war with itself.
Victory poor leads to the establishment of democracy - people's power. Public post in a democracy is replaced by drawing lots, resulting in state freedom drunk undiluted, beyond measure. In democracy willfulness and anarchy reigns.
Finally, excessive freedom turns into its opposite - excessive slavery. We establish a tyranny, the worst kind of state. The power of tyrants kept on treachery and violence. Tyrannical regime - this is the most serious disease state, complete absence in it of any kind were virtues.
main reason for the change of all forms of state Plato deterioration of human morals. Out of the evil state of society he linked with a return to the original regime - the rule of the wise.
Painted philosopher picture of the transition from one state to another, in essence, was conceptually logic. However, it reflected the real processes occurring in the ancient Greek states (enslavement helots in Sparta, the growth of income inequality, etc.), which gave this type of scheme historical concept. Ideologically, it was directed against democratic exercise on the improvement of social life with the development knowledge. Plato sought to discredit any changes in society that deviate from old-orders pursued the idea of cyclical history.
Dialogue "Laws" is the last work of Plato. His writing was preceded unsuccessful attempts to implement the philosopher at Syracuse, a Greek colony in Sicily, initial draft of the best state. In the "Laws" Plato depicts "Second on the dignity of" the state system, bringing it close to reality Greek states.
Main differences between the dialogue "Laws" of dialogue, "State" as follows.
First Plato rejects the collective ownership of the philosophers and warriors and establishes a uniform procedure for citizens to use the property. Earth is state property. It is divided into equal parts of fertility. Each citizen receives land and house, which enjoys the rights ownership. All other types of property, citizens can acquire private property, but its size is limited. For the convenience of payment (at replacement government positions, troops manning, etc.) provides the exact number of citizens - 5040. This number includes only the owners of the land; artisans and merchants do not have civil rights.
Secondly, division of citizens on the graduation class is replaced by a property qualification. The political rights of citizens acquire, depending on the size of property enrolling in one of four classes. Get Rich or poor, they move to another class. Together, citizens formed the ruling class. In addition to lessons own farm, they are obliged to service in the army, the administration those or other public office, participate in joint meals (sissitiyah), sacrifice, etc.
Thirdly, production needs of agriculture are now fully expected achieved through slave labor (in the dialogue "The state of the slaves were mentioned, but Plato could not find their place in the economy of the ideal policy). In the "second - dignity "state" farming granted slaves, collected from the land harvest enough for people to live in contentment. Along with the recognition of slavery Plato appears and dismissive attitude towards productive work. Foreseeing speech slaves, Plato advises landowners to acquire as little as possible the slaves of one nationality and not to provoke their resentment abuse. Handicraft production, as in the first draft, took subordinated in relation to agriculture situation.
Fourthly, Plato describes in detail in the dialogue organization of government and laws best system. Unlike the first draft, here are held ideas mixed state forms and combinations of methods of moral authority with legal.
ideal Plato calls the device the state board, which combines early democracy and the monarchy. These beginnings are: the democratic principle arithmetic equality (the election by a majority vote) and the monarchist geometric principle of equality (the choice of merit and dignity). Democratic principles of the State are expressed in the People's Assembly. On the combination of democratic and monarchical principles built elections board 37 governors and the Council of 360 members. Closes hierarchy of government secret "meeting night", which includes 10 most wise and elderly prisoners. They were awarded the supreme power in state.
All elective state bodies and the rulers are obliged to act in the exact accordance with the law. As the wise men from the "Night Meeting", they involved in the divine truth, and in this sense are above the law. Agreeing the fact that public life must be regulated by rules of written law, Plato could not on its ideological reasons, to allow the rule of law over religious morality. "For if by the will of the divine destiny appeared ever a man, capable enough in nature to the assimilation of these views - Plato wrote - that he does not need to in the laws that they would managed. Neither the law nor any routine was not worth the higher knowledge ". Considering
philosopher's views on the law, should avoid their modernization. The fact that certain provisions of the ancient thinkers, taken out of context, can used in justifying the modern concepts of state and law. So, in particular, the case with Plato's remarks about the need approval law in public life, which is often cited by supporters of the theory rule of law. In the dialogue "Laws" Plato wrote: "I see the imminent collapse the State where the law has no force and is under someone's authority. Where the law - the ruler of rulers, and they - his slaves, I see saving the state and all the benefits which can only be granted to States gods. Under the law here means nothing but a collection of religious-moral norms established by wise men of the State as a guide for other citizens. In the above snippet, it is the subordination of the rulers divine laws (specifically, the establishment of the legendary Kronos, who ruled people in ancient times).
In dialogue "politician" Plato identified form of the state based on law. By He said, monarchy, aristocracy and democracy based on the law, while tyranny, oligarchy and democracy is perverted managed in spite of the existing their laws and customs. However, all these forms of government, as emphasized in the dialogue, are deviations from the ideal, "true" States, where the politician has the sole power, "Guided knowledge. The semantic content of the teachings of Plato does not coincide with the modern formulas of the rule of law.
Socio- political Program Plato recorded changes in the political consciousness hereditary nobility, which occurred in the course of its development into a generic in the landowning aristocracy. Winning the economic and political domination in terms of community property, tribal aristocracy jealously protected the patriarchal order, especially in agriculture - the traditional area influence. In subsequent development, it adapted itself to the relations private property and slavery, recognized the need for the law, but continued firmly insist on maintaining the polis tenure. It is this explained by its desire to preserve the policy as a form of state device to maintain its economic independence, or self-sufficiency, prevent territorial expansion of the state. Presented in the dialogues Plato's socio- political programs were from this point of view conservative.
Development polis ideology of the landed aristocracy continued the great Greek philosopher Aristotle (384 - 322 years. BC). He was born in a small Greek colony Stagira (hence the middle name of the philosopher, referred to in the literature -- Stagira). A young man, Aristotle went to Athens and joined the Platonic Academy, where he first studied and then taught for many years.
After death of his master Aristotle roamed the cities of Asia Minor. Then, about three years he spent in Macedonia, when acting as tutor heir to the king's throne - the future of the famous general of Alexander of Macedon. By return to Athens, he opened his own school of philosophy - Likey. His political - legal doctrine expounded in the treatises of Aristotle, "Politics" and "Nicomachean Ethics". These adjoins essay "Constitution of the Athenians, containing historical sketch of the development of government in Athens.
Philosophical thinker's views were formed during the controversy with Plato. Aristotle believed that Plato was profoundly mistaken in assuming the existence of a special world of ideas, or concepts. This assumption leads to a doubling of the world, to break away from the essence phenomenon. Having broken with the naive idealism of Plato, preventing the development natural sciences, Aristotle proceeded to establish a system idealist metaphysics. According
his view, every thing is composed of matter and form. For example, in a copper ball copper is the matter, while the shape of a ball attached to this thing exactly the specific form, which allows to distinguish it from other objects, and therefore, to know. Form - is the essence of the object, the source of his existence as a separate thing, its designated purpose. Matter is passive and becomes final shape only through the form, through acting nature of expediency. Study of natural laws of Aristotle substituted teleology - the doctrine of expedient structure of the world.
Situation With pre-order in nature was a methodological basis politico- legal theory of Aristotle. State, private property, slavery and other social phenomena seen them as natural, prirody.Uzhe most of the existing methodology of the study of State and Law This concept was directed against the democratic exercise of the origin and improvement of society.
State according to Aristotle, is formed by the natural inclination of people to communicate. The first type of communication, partly inherent and animals, is the family, of several families fusshiccups village, or clan, and finally, combining several villages of the State - the highest form of human coexistence. In State fully realized initially pledged to the people attracted to life together. A man reads the famous dictum of the philosopher, "by nature his is the essence of the political ".
In Unlike the family and village based on the desire for procreation and paternal authority, the state is formed due to moral communication between people. The political community is based on the unanimity of citizens against virtue. State is not a common place of residence, it is not created for prevent mutual grievances, or for the convenience of exchange. Of course, all these conditions must be present for the existence of the state, but even if all them together, yet will not state, it appears only when the formed communication between families and clans for the sake of the good life. " As the most advanced form of joint life, the state is preceded by the family and teleologically village, ie is the purpose of their existence.
Summing his arguments about the different types of residences, Aristotle gives State the following definition: the state - is to "talk like one other people in order to achieve the best possible life. " Aristotle put in This definition is quite specific content. Under the people here meant Only free citizens of Greek city-states. Barbarians and slaves, he simply did not regarded as human beings worthy of communication with the citizens of the state. Undeveloped spiritually, the barbarians are not capable of public life, their destiny - to be slaves to the Greeks. "The Barbarian and the slave by nature the notion of identity." Aristotle, therefore, openly defended in the political theory of interest slaveholders. The state seemed to him the union of free citizens, jointly govern the affairs of the slave society.
In justification of slavery, Aristotle advances several arguments. Decisive among them -- natural (natural) differences between people. On the pages of "Politicians" repeatedly emphasizes that slavery is established by nature, that the barbarians, With a powerful body and weak mind, able only to the physical work. Aristotle called subjugate the barbarians by force to hunt them, as animals. "Such a war, - he said - by its nature is valid".
Argument Slavery "by nature" arguments complement economic order. Slavery, with this point of view, due to the needs of farming and production activities. "If the quill weaving themselves and plectrum themselves played cittern, then the architects would not need workers, but the gentlemen did not need be slaves ".
Private property, like slavery, is rooted in nature and is part of the family. Aristotle was strongly opposed to the socialization of property, proposed by Plato. "It is difficult to express in words how much pleasure in knowledge that something principles
Political and
legal doctrines in Ancient Greece
In the middle of I millennium BC Greece
completes the transition to the slave system. The nature and timing of
transition has had a decisive impact early on appeared among the Greeks sea
trade - its development stimulated the growth of cities and the establishment of Greek colonies
around the Mediterranean, propelled the property stratification of society. Thanks
lively relations with other countries in shopping centers of Greece became a
powerful centers of culture, which gathered the latest advances in technology,
science, literature and law.
socio- political system of ancient
Greece is a special system of independent policies, ie,
small, sometimes even tiny states. The territory of the policy consisted of
city and surrounding villages. According to the calculations of modern historians
number of free public policy is rarely reached 100 thousand people.
common feature of polis life VII-V vv. to
AD was the struggle between the aristocracy, becoming a
slavery hereditary nobility, and trade and craft circles,
formed with the individual layers of the peasantry the democratic camp. In
Depending on the superiority of one party or another public authority in the policy
took the form of an aristocratic government (eg, at Sparta), or
Democracy (Athens), or the transitional government tyranny (tyranny - the power of one
or more persons, usurped its power).
With the transformation of slavery in the ruling
method of exploiting the growing inequality of wealth liberties, exacerbated
social contradictions of ancient Greek society. Wealthy slaveholders,
pushing the nobility and the democratically-minded middle classes, set
in a number of policies oligarchic regimes. The struggle among the free population
aggravated! antagonistic relationship slaveholders and slave-based
the rule of aristocracy or democracy of the State policies were combined in
military- political coalition and the government unions (the Delian League,
Peloponnesian alliance under the hegemony of Cpapty, etc.). The struggle between these coalitions creates political
coups in the policy and the internecine wars, the most ambitious of which was
Peloponneskaya war of 431-404 years. BC
Following lengthy internecine
wars, undermined the economy, policies are in decline and experiencing deep
crisis. In the second half of IV century. BC ancient Greek states were
conquered Macedonia, and later (II century. BC) - Rome.
political ideology of ancient Greece, as
and other countries in ancient times, formed during the decomposition of the myth and the allocation
relatively independent forms of social consciousness. The development of this
process in ancient Greece, which had the slave-owning society, was
significant features in comparison with the countries of the Ancient East.
intense trading activity of the Greeks,
extending their cognitive horizons, improving technical skills, active
citizen participation in policy affairs, especially democratic, triggered a crisis
mythological concepts and encouraged to seek new methods of explanation
what is happening in the world. On this basis in
Ancient Greek philosophy emerges as a special, theoretical form
worldview. Political and legal concepts are beginning to develop within
general philosophical teachings.
The composition of the philosophical outlook
were then all forms of theoretical consciousness - natural philosophy, theology,
ethics, political theory and other political and legal ideas of Ancient Greece
evolved as a result of complex interactions with other political ideology
forms of social consciousness.
for the development of socio- political theory
paramount importance was the expansion of empirical knowledge. Variety
political experience in the States policy, stimulated
theoretical generalization of the practice of power and the creation of exercises in
which raised the problems of States, their classification,
best
Standards devices. Legal thought of ancient
Greece is constantly appealed to the comparative study of laws that
established in the policy the first legislator (Dikurg - in Sparta, Solon - in Athens).
In the works of Greek thinkers developed a classification of the forms
government (monarchy, aristocracy, democracy, etc.), which became the conceptual
apparatus of modern political science.
on the content of ancient politico- legal
concepts greatly influenced by the development of ethics approval
slave society, individualistic morality. Private property
relations and slavery undermined the patriarchal norms of communal life
prevailed in the policy, individuals opposed to each other. If
ethico- political concepts of the Ancient East, it was about one or another
interpretation of community morality, in ancient Greece to the forefront
put forward issues relating to the position of the individual in society, the possibility
moral choice and the subjective side of human behavior. Based on the ideas
moral freedom of the individual, the democratic representatives developed the doctrine of
equality of citizens and the contractual origin of the law and the state.
Since III in. BC, when
ancient Greek states lost their independence, public
consciousness is undergoing profound changes. Among the free population growing
feelings of hopelessness and political indifference, amplified religious quest.
Theoretical studies of policies in this period are replaced by moralizing
individualistic persuasion (stoicism, a school of Epicurus).
Development
democratic exercise. Senior sophists
slave-owning democracy has reached
flowering in the second half of V. BC. e. when economic and political
center of ancient Greek society began to Athens. In the historical literature for
this period was fixed the name "Golden Age" of Athenian democracy,
or, on behalf of one of its leaders, "Age of Pericles".
Political Thought slave
Democracy was justification in the works of the Sophists.
emergence of schools as the Sophists
social movement was caused by the strengthening of the democratic system in Athens
V in the second half. BC Sophists (the word comes from the Greek
"sofos" - wise) then called philosophers, who taught the art
argue, argue, speak in court and the assembly. In this regard
sophists realize practically one program ideas of democracy - the idea
learning wisdom, knowledge.
The focus of the Sophists were
questions of law and politics, morality, and ways of evidence and public speaking.
Interest in these issues was largely due to ideological
democracy: because knowledge play the role of a criterion in selecting candidates for
public office, so far the main place in the training was
take training listeners to political activity, to performances in
People's Assembly and the court.
According the established tradition of distinguished
senior and junior Sophists. By the prominent representatives of the older generation of the Sophists
belonged Protagoras, Gorgias, Hippias, and Antiphon. Older Sophists
adhere to generally progressive, democratic beliefs.
One of the founders of this direction was
Protagoras. According to the famous myth Protagoras, which describes
emergence of society, a man originally differed from animals only
ability to handle fire. This taught him the art of Prometheus who stole
fire from the gods. Gradually, people have mastered crafts, but continued to live
scattered, they had no weapons, and they perished from the attack of wild beasts.
People do not know it was the ability to live in the community. As soon as they were going
together, so immediately began discord. Then the gods brought shame and truth
giving them all the people, so that each became involved in the justice and
political art. No State can stand, concludes Protagoras,
if political art will own a few.
Myth of Protagoras only superficially resembles
religious traditions. The creation of this myth was aimed precisely at that
refute the traditional mythological ideas about the "golden
Century "in the past, the need to return to the old days. Protagoras draws in
its myth of helpless human existence before the formation of the State
carries the idea of bottom-up development of culture and improvement of public
life as the accumulation of knowledge. Protagoras argued that the laws apply to
works of art and that, like any other trade, fairness in
public affairs can be learned. "Virtue, - he remarked, - it
can be acquired. "The idea of equal involvement of people to justice cited
to substantiate the fact that the state administration should involve all
citizens.
Protagoras and other senior sophists
emphasized the changing nature of representations of people. About the same
subject taught Protagoras, may be made to two opposing opinions, and no
one of them will not be more true than another. For example, a sick man
Food may seem bitter, and healthy - sweet and delicious. They both will be in their
right. Recognized the truth and common good simply does not happen. Knowledge holders
and justice is not only wise, but every single person. This
Protagoras thought expressed in the formula, which was perceived by contemporaries as
original slogan Sophists:
"measure of all things - people
existing ones, that they exist and not exist, that does not exist ".
developing the idea of relativity
and conventions of morality, virtue Gorgias singled out for men and women,
free and slave, virtue for every age, occupation and specific
case. Sophists of the older generation was filled with the teaching of morality individualistic
content. Asked to assess the validity of actions depending on
conditions of place and time, the human condition, etc. Such concepts
denying the existence of absolute uniform benefits were later named
ethical relativism.
In the spirit of renewed demands
slave-owning democracy senior Sophists developed the doctrine of the law. They
argued that the laws are, in essence, is the supreme justice, the
you can not claim a single person, no matter how wise and virtuous
it may be. The law is the expression of a coherent, mutually
justice "(Protagoras), something like the sum of individual virtues.
Consequently, senior sophists joined the political theory definition
Act as a contract, jointly set as citizens or people.
Hippias under the law to understand "what
citizens of a general written agreement, finding that should do and what
should abstain. "Antiphon equate justice to the execution
law. Justice is to "not violate the laws
States, which consists of a citizen, prescriptions of the law --
result of an agreement.
remaining sources show that
Some sophists used the contrast between the laws of nature and to criticize
polis existing orders. Laws, argued Antiphon, artificial and
arbitrary, whereas in nature everything happens by itself, if necessary.
Greeks, honoring notable, coming in, like barbarians. "By nature we are all in
all respects equal, in fact (the same) and the barbarians, and the Greeks. Appropriate to draw
attention to the fact that all people want from nature are the same. "One of
Junior Sophists Alkidammt declared that "God made all free,
nature will not make a slave ".
These statements
Antiphon and
Alcides-mantle represent nothing like the simplest form of moral
criticism of the privileges of the aristocracy and free citizens. It would be a mistake
discern here something more - the condemnation of slavery, the recognition of natural
human rights, equality of all people, etc. Political thought slavery
Democracy was not known notions of universal equality. It is no accident
proclamation of the equality of the Greeks and the barbarians at the Antiphon is adjacent to
utterance, where the concept of "barbarian" was used as a synonym
human baseness. Antiphon repeated here common judgments about
superiority of Greek culture over the barbaric world. "Natural
equality "Sophists did not exclude slavery by" the law "or
"intellectual superiority".
situation
Alkidamanta, cited by
above, contains no condemnation of slavery, as a polemical attack against
aristocratic theories, in which slavery was grounded references to nature
(see? 3, section on Aristotle). Denial of barbarism and slavery by nature was
beneficial primarily commercial and industrial interlayer, consisting of
underprivileged citizens, Metekov (foreigners), freedmen and others do not
With civil rights in the policy, they sought for themselves privileges
emanating from the "free birth", the equality of citizens and the possibility of
owning slaves in the "legitimate" grounds. Representations of slavery on
setting (on "Law") were separated by wide circles of democracy and
was the distinctive feature of the justification of slavery.
In the first half of IV century. BC sophistry
as a movement of mostly pro-democracy degenerates.
Teaching Sophists increasingly limited area
rhetoric (the art of rhetoric), the theory of evidence, logic. Potency
such training did not fail to take advantage of the aristocracy. Among younger
Sophists were therefore representatives and Democracy (Alkidamant, Likofron), and
aristocratic camp (Callicles).
Under the influence of criticism from the ideological
opponents, especially Plato and Aristotle, the term "sophistry
acquires the meaning of the imaginary, the surface of philosophy and eventually becomes
generic name to refer to any kind of verbal and logical
exaggeration.
policy and legal ideas
Democracy in IV. BC continued speakers led Demosfenom. In his speeches
They emphasized the equality of citizens, the sanctity of the law as a guarantor of civil
rights, protect the rights of owners to their property, pointing to the positive
the role of wealth in public life, arguing the benefits of
democratic system in comparison with other forms of state, as well
called for the unification of Greek states under the power of Athens.
ideological legacy of ancient Greek
Democracy was one of the sources of political and legal concepts of the New
global history of political and legal doctrines - one of the importantparts spiritual culture of mankind. It focusesgreat political and legal experience of past generations, the highlightsdirection, milestones and outcomes of previous investigators of problems of freedom,law, legislation, policies and state. This experience hassignificant impact on contemporary political and legal views.
outstanding role in the history of the formation of this experience played thinkers
Ancient Greece. They stand at the beginnings of a theoretical approach toproblems of the state, law and policy.
efforts of the Greek scholars had been making a transition frommythological perception of the world to ratsonalno-logicalway of knowing it and explain.
development of political and legal thought in ancient Greece can be divided intothree phases:
~ early period (IX - VI centuries BC) is associated with the emergence of the Greek state. During this period there was a noticeable rationalization of political and legal ideas and formed a philosophical approach to gosudarsstva and rights;
~ heyday (V - the first half of IV century BC) - this is the heyday of ancient Greek philosophical and politicallegal thought;
~ Hellenistic period (second half of the IV - II century AD until ordered last time) - time began the decline of the Greek state, no body Greek states under the authority of Macedonia and Rome.
Let us dwell on Each of these periods.
At the early stage of its development outlook of the ancient peoples of the worldare mythological character. In these times of political and legal views are not in a separate area and representintegral part of the mythological worldview. In mythdominant idea of the divine origin of the existingrelations of power and order. Right and the law has not stood out in a special areastandards exist in the form of the religious aspect of the order be approved by a private,social and public life. The laws of this time is closelyintertwined mythological, religious, moral, social political points, and legislation in general is elevated to the divinesource. Laws or directly attributed to the gods, or their surrogates --rulers.
political and legal doctrines appear only during relativelyprolonged existence of early class societies and nations. Ancient mythslose their sacred character and begin to be ethical andpolitico- legal interpretation. This is particularly evident in the poems of Homer and
Hesiod. According to their interpretation, the struggle for power over the gods of the world and changesupreme gods (Uranus - CZK - Zeus) was accompanied by a change in the principles of theirboard-and-conquer, which manifested itself not only in relationsbetween the gods. but also in their relationship to people around poryadkeporyadke, formsand the rules of the earth's social life.
characteristic of the poems of Homer and Hesiod's attempts to rationalizeunderstanding of the ethical, moral and legal order in humanaffairs and otnosheniyahpoluchayut further development in the creation of the Seven Sages
Ancient Greece. They are usually seen as members Thales, Pittak, Periander, Biant,
Solon, Cleobulus and Chilo. In a brief passages (gnomes), these wiseformulated already quite rational and secular in spirit ethicaland political maxims, maksimymirskoy practical wisdom. Sagespersistently emphasized the fundamental importance of the rule of fairlaws in the polis life. Many of them were themselves active participants political events, rulers and legislators, and have workedefforts to operationalize its political and legal ideals.
Compliance with laws, in their opinion - an essential feature ofwell-ordered policy. Thus nailuchshimgosudarstvennym device Biantis considered, where the citizens are afraid of the law to the same extent as they were afraid toTirana.
with the idea of the need to transform social and politico- legal orders on the philosophical foundations were made by Pythagoras, the Pythagoreans (Archytas,
Lysis, Philolaus etc.) and Heraclitus. Criticizing democracy, they justifiedaristocratic ideals of governance "best" - the mental and moralelite.
decisive role in the whole outlook of the Pythagoreans played their teachingabout numbers. The number of their ideas - this is the beginning and the essence of the world. Basedfrom this they tried to identify the numerical (mathematical) characteristics,inherent moral and politico- legal phenomena. In publicizing the problemslaw and justice, the Pythagoreans were the first to develop a theoreticalthe notion of "equality" is so essential for understanding the role of law asequal measure in the regulation of social relations.
Justice, according to the Pythagoreans, is the reward equal toequal.
ideal of the Pythagoreans is the policy, which dominatedfair laws. Law-abiding they considered a high virtue, butthe laws themselves - a great value.
worst evil Pythagoreans considered anarchy. Criticizing it, theynoted that man by nature can not do without a guide,authorities and proper upbringing.
Pythagorean idea that human relations canbe cleared of strife and anarchy, and are given in proper order andharmony in the future have inspired many followers of the ideal systemhuman life.
author of one of these ideal models of the policy was Faley
Halkedonsky, who argued that any rodavnutrennie unrestarise because of issues relating to property. To achieveperfect device polis life, it is necessary to equalize landproperty of all citizens.
views opposite Pythagorean followed Heraclitus. WorldIt did not come through a merger, and through the division, not through harmony, andthrough struggle. The thinking, according to Heraclitus, is inherent in all, obnako,Most people do not understand vseupravlyayuschego mind, which shouldfollow. Accordingly, he divides people on the wise and foolish,best and worst.
socio- political inequality is justified by them as inevitable,legitimate and fair result overall fight. Criticizing Democracywhich 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 does not necessarilygeneral approval at a public meeting: the main thing in the law - itcompatibility with the Universal Logos (vseupravlyayuschemu mind), understanding whatone (better) is more accessible than most.
principle common to the approaches of Pythagoras and Heraclitus, had providedmarked influence on subsequent thinkers, is the choice ofintellectual (spiritual, not natural) criterion for opredelniyawhat is "best", "noble," "well-intentioned", etc. (all this --symbols "aristocrat"). With this transition from the aristocracy of blood to thearistocracy of spirit, she herself transformed from zamkgutoy caste in openclass, access to which was made dependent on the merit andefforts of each.
development of political and legal thought in the V century largelycontributed to the deepening of the philosophical and social analysis of the problemssociety, government, politics and law.
Democritus have found one of the first attempts to considervoznikonovenie and becoming man, the human race and society aspart of the natural process of global development. During this protsessalyudigradually under the influence of the needs, in imitation of nature and animals, and based onown experience, have acquired all their basic knowledge and skillsnecessary for public life.
Thus, human society appears only after a longevolution as a result of progressive changes in source of naturalstate. In this sense, society, policy, legislation createdartificially, but not given by nature. However, their very origina natural necessity, not a random process.
In the state, according to Democritus, presented the common good andjustice. Interests of the state above all else, and caring citizens mustbe sent to the device and its better management. To savenational unity requires unity of citizens, their mutual support,vzaimozaschita and brotherhood.
Laws of Democritus, designed to ensure well-organized lifein the policy, but to actually achieve these outcomes, are neededthe effort by the people themselves, their obedience to the law.
Laws, respectively, are needed for ordinary people in order to curbinherent envy, strife, mutual harm. From this pointof a wise man such laws are not needed.
In terms of strengthening and flourishing of ancient democracy political Legal issue widely discussed and linked with the names of the Sophists. Sophistsbeen paid teachers of wisdom, including in matters of state andlaw. Many of them were outstanding educators of his era, deepand daring innovators in the field of philosophy, logic, epistemology, rhetoric,ethics, politics and law.
Sophists were not a single school and developed variousphilosophical, political and legal views. Distinguish between the two generationsSophists: Senior (Protagoras, Gorgias, Prodicus, Hippias, and others) and junior
(Frasimah, Callicles, Likofron, etc.). Many of the older Sophistsadhered to the whole democratic beliefs. Among the younger Sophistsalong with pro-democracy supporters and there are other forms ofgovernment (aristocracy, tyranny).
principled criticism of the Sophists was Socrates. Even during his lifetime he wasrecognized as the wisest of all men. Arguing with the Sophists, he neverthelessperceived some of their ideas and developed their own way they have begun educationalcase.
Socrates zadimalsya search for rational, logical-conceptualjustification of the objective nature of ethical evaluations of the moral natureState and Law. Discussion of moral and political provlematiki Socratesraised to the level of concepts. Thereby laying the start of the actualtheoretical research in this area.
Socrates distinguished between natural law and the law of the policy, but he believed thatand natural law and the polis law back to a reasonable start. Hisconceptual approach, Socrates sought to reflect and articulate precisely thisrational nature of moral, political and legal phenomena. Thisthe way he came to the conclusion of the triumph of a reasonable, fair and lawful.
In terms of practical politics meant the Socratic idea of the boardknow, that justification of the principle of a competent government, butteoretitcheskom plan - an attempt to identify and articulate the moral -reasonable basis and essence of the state.
disciple and follower of Socrates was Plato. The state is treatedthem as the realization of ideas and the greatest possible realization of ideas in the worldEarth's social and political life - in the policy.
In his dialogue "The State" Plato, designing the idealfair state, proceeds from the match, which heconcepts, there is space between as a whole, the State andindividual human soul. Justice consists in the fact that eachbegan to deal with their own business and not interfere in others' affairs. Besides,Justice trebuetierarhicheskoy subordination of these principles in the name ofwhole: the ability to reason ought to prevail; fierce top --be armed protection, subject to the first beginning, both of these earlyrun start lusting, which "by its very nature craves wealth".
determining policy, as a joint settlement, due to generalneeds, Plato detail substantiates the proposition that the bestthese needs requires the division of labor between the citizensState..
ideal state of Plato - a fair rule of the best. Thishe shared the natural and legal status of Socrates that the legitimate andfair one and the same, because they are based on divine origin.
further development and deepening of the ancient political and legal thoughtafter Plato associated with the name of his disciple and critic - Aristotle. Heattempted to fully develop a science of politics. Politics asscience he is closely linked to ethics. Scientific understanding of policyimplies, according to Aristotle, developed ideas about morality,knowledge of ethics.
objects of political science is excellent and fair, butsame objects as the virtues of study and in ethics. Ethics appearsas the beginning of the policy, the introduction to her.
Aristotle distinguishes between two kinds of justice: and call thedistributed. The criterion of egalitarian justice is
"Arithmet
