State, however, as the right - a phenomenon without which the existence of today's people.Therefore, legal scholars have attempted to determine their formation, beginning, by the way, in the period of BC.So it was developed a number of theories to explain the origin of the state and law.
theory first - the divine, it is theological.According to it, the causes and conditions of the state and law were laid superior intelligence.Or, based on the fact that the founder of this theory was Thomas Aquinas, the will of God.It was believed that the state is the highest form of organization of the people, and the covenants, God sent, should take the form of law.At the same time manage the state should only person - the monarch, which in its essence is the "vicar of God on earth."This theory perfectly reflects the realities of the Middle Ages.It is worth noting that in the modern world there are states that are built precisely on this basis.However, they reflect not only the Christian faith.
second theory - the patriarchal.The origin of the state and law, according to her, is justified on the basis of the postulate of the sanctity of the family.So, the state is the ancestor of the family, which is in the process of its development, has grown to the size of the country.A source of law according to this theory stands the will of the father (the patriarch).In principle, for the period until the twentieth century, such views have a right to be, and even more have been backed up by the fact of the existence of absolute monarchies.History of State and Law of Russian partially confirms this theory.
third theory, it is also a theory of violence.According to it, the causes and conditions of the state are rooted in the principle of survival of the fittest.The authors, among whom was K.Kautsky E.Dyuring and argued that in the process of development of human society has always been a need for authority and leadership of the strong over the weak.And because the unit was created "institutionalized violence" and the provisions concerning the actions of the strong, which later received the status of law.
fourth theory - patrimonial.It is based on the fact that the origin of the state and the rights based on the ownership of land plots.Thus, the formation of the state as a legal phenomenon is due to the fact that around one individual concentrated most of the land suitable for a treat.The rest were forced to take these areas for rent on the conditions put forward by the landowner.It is these conditions and got the status of law in the future.
fifth theory, it is also negotiable.The origin of the state and law was based on a social contract.JJRousseau, Hugo Grotius and many other figures of the Enlightenment gave the world the idea that the state has arisen due to the fact that at one point people have agreed to come together in a particular organization and to transfer part of its rights to manage a certain group of the most prominent persons.As a result, the latter has developed a widely acceptable standards of behavior, which were the law.
sixth theory - psychological.Spencer, Troubetzkoy, Petrazhitsky Freud argued that the state could be formed only on the condition that some want to manage, and others - (a much more) to submit.They attributed this to the fact that a person's character or is arranged on the first principle, or the second.It is therefore necessary to create a structure that would take into account the above trends.
seventh theory - materialistic.Put forward by Marx and Engels, she explained that the state came from the transformation of primitive society, and the right - of the privileges and taboos.The impetus for such changes were the socio-economic factors.
can not say that any of the theories is the only correct.History of state and law of Russia has repeatedly argued this postulate.After deep study provides an opportunity to renew and materialistic elements, and postulates of the theory of violence, and the arguments of the patriarchal and patrimonial.That proves once again that the issue of formation of the state and law still have to work.
