basic theory of the origin of the state and the right - the first opening theme in the law, which form an idea of the law itself.Let alone on the theory of law, which has its own peculiarities - namely, the origin.
basic theory of the origin of the right to formulate today quite convincingly.In addition, each of these theories has the right to life, each has its supporters and propagandists.It should also be noted that each of the theory must be approached critically.Some of them contain a clear imprint of the times in which they were formulated.
Even Immanuel Kant argued that the right exists millennium.Therefore, it started a long time ago.Today, we certainly can not support one only correct theory, since the processing time does not allow it to enter into any frame either, including in terms of interpretation of the origin of the right.Consider the most popular theory of the origin of law.
- Theological theory says that the right laws are God's will and are given over to mankind.For example, such judgments have been fixed in the laws of King Hammurabi, there are in the Bible.The main idea of this theory - the key role of God.However, the theory is being questioned, since there is no evidence that the law was written is God, as the Bible says.Rather, it is a story that was passed down from young adults for a long time.
- Natural theory states that a person has the nature of law.These rights - the positive attitude of the person to certain things, such as the value of life, private property, individual liberty and equality.This theory became especially popular during the Enlightenment, when in the first place were freedom, equality and fraternity.Consequently, these values, and it is natural to human rights, and hence formed the theory itself.Thus in this theory of the origin of the right was a key figure in the man himself, and did not take into account factors that affect the rights and hypothetically could change its value.In many ways, the birth of this theory have been sent to the positioning against the world, which had different values.
- theory positivism insists that the right of ownership took place on the basis of the situation in the country bourgeois estate.In fact, the previous theory and the theory of positivism - the two opposing theories of the origin of law, which are under a different implications.
- theory normativism more like a modified positivism.However, it is a team, snatched parts of different theories.The basis was taken two postulates.The first has been interpreted by Kant.According to him, all divided into two areas - being and obligation.At the same acts and normative pyramid, which is based on the hierarchy of the lower stage.
- psychological theory was formulated in Russia.Its founders claim that psychology is an area where the right was born.Experience of human nature, which means that they produce legal concepts formed in the psyche of the individual.
- By theory of solidarity right was born according to two reasons.Firstly, man can not live by himself.He needs to find a team of the same creatures who will live and work with him.A common work and connects all individuals in solidary society - people can not live in society and be separate from it.Hence, all actions should be solidarity, that is, with an eye on how it will perceive the whole of society.Scientists believe that the same reasons and the right to supervise.
theory of the origin of the right should not be taken as the only true.Legal science is not in place, which means that the above theory will still undergo their changes.
