State as a legal phenomenon is studied by scientists from different positions.But the most significant of them appear types and forms of the state.Consideration and devoted to the study.
Types state from the point of view of the formation approach
long been considered fundamental to the Soviet literature Type of divided them into five main types: a slave, east, feudal, bourgeois and socialist.The basis of this classification was based on the economic system.
East based on the type of irrigated agriculture.
slave state characterized by the absolute power of the monarch and close to him.At the same time as the tools were perceived slaves and poor members of society.
feudal state basically was based on land ownership.Thus, state power concentrated in the hands of those who possessed land plots and had the right to dispose of them at its discretion.
third type has advocated the bourgeois state, which chose to refer to the formation, based on the ownership of the means of production.The authorities gradually took on the character of the triumvirate, any civil rights and, as a consequence, nominally equal opportunities.
fourth type - a socialist state, denying the right of ownership as such because of its uselessness.The power belongs to and carried out by every citizen, without prejudice to others.This type has been recognized as a utopia.
spite of sufficient validity of the division by types of state formation approach is subjected to a well-deserved criticism.Identification as the only true factor of economic development does not cover all the existing countries and therefore should be taken into account, and civilizational approach.
types of state from the standpoint of civilized approach Toynbee
According to him, the state should be considered as a phenomenon from different perspectives: cultural, historical, religious, etc.On the basis of this classification have been identified types of states, based on cultural values.Their total number is 26 unique state formations, among which are the Eastern and Western Christian, Egyptian, Sumerian, Western European and others.
Unfortunately, this approach made the same mistake as the formational, namely, a certain one-sided assessment factors.And because the types of state derived on this basis, can be perceived only as a subsidiary.
In defense of both systems should be noted that in recent years the majority of jurists tend to unite in their studies both approaches.
form state - constituent elements
state can be described not only in terms of its type and form.In turn, the form of the state is a combination of three basic elements: the state regime, administrative division and form of government.However, views of the majority are subdivided on the basis of only the first characteristic, namely - the political regime.In this case, it must take into account both democratic and undemocratic types.
In this regard, are the following types of:
- totalitarian - which is dominated by a certain party;
- authoritarian - built on the rule of one person;
- democratic - to recognize the power of the people the highest value;
- liberal - the highest degree of freedom in economic and political activities.
should be noted that not every species can be characterized by the presence of its type.So, it is impossible to correlate the slave type of totalitarian views or liberal form of the Arab civilization.
The above arguments suggest that the types and forms of state play a significant role in his characterization.