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

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 communication all other forms of communication reach its goal and completion. A man essentially political in nature, and in the state ends development of the political nature of man.

Crisis Greek state was clearly manifested in exercise of the state and the right of the Hellenistic period. In the last third of the IV century BC Greek city lost its independence and come, first under the authority of Macedonia, then Rome. Hiking
Alexander of Macedon initiated the Hellenization of the East and the formation of the Hellenistic monarchies.

social and politico- legal issues covered
Aristotle's ideal from the standpoint of understanding the policy, the city-state as political communication free and equal people.

The most correct form of the state, Aristotle calls polit. From the wrong form of state tyranny - the worst.

Aristotle says the large number of slaves in a better state.
In connection with the consecration of the theme of war, Aristotle dwells on issue of slavery. Military stresses he does not need to enslavement of other peoples, but primarily to themselves not get into slavery. In general, the right to Aristotle calls " political law ", which divides the natural and conventional.

Polybius, an eminent Greek historian and politician Hellenistic period, characterizes the change of state forms as circulation within the definition of a closed loop. Politico- legal thought of this period found expression in the teachings of Epicurus, the Stoics and
Polybius.

In his philosophical views Epicurus was a follower atomistic theory of Democritus. Nature, in his view, developing by their own laws without the participation of the gods.

Ethics - a link between its physical and political legal concepts. Ethics of Epicurus is individualistic character. Human freedom - it is his responsibility for the reasonable choice their way of life.

main objective of state power and political grounds communication, according to Epicurus, is to ensure mutual security people to overcome their mutual fear, the avoidance of each other harm. This security is achieved only through the quiet life away from the crowd. Proceeding from this state and the law are treated
Epicurus as a result of agreement between people about their common benefit -- mutual security.

founder of Stoicism was Zeno. Universe in general, according stoicism, is controlled by fate. The fate of both control and dominant principle is also "the mind of the universe, or the law all things in the universe. " Fate in the teachings of the Stoics acts As such "natural law", which is at the same time divine nature and meaning.

At the heart of civic coexistence lies, according to the Stoics, natural inclination of people to each other, their natural relationship between themselves. The state, therefore, acts as a natural association, rather than artificial, conventional, conventional education.

Based on the universality of natural law Stoics justified the notion that all people - citizens a single world state, and that man - a citizen of the universe.

teachings of the Stoics had a strong influence on the views of Polybius -- Greek historian and political figure.

It has a gosudarstvennichesky look at the place events, according to which a particular device state is decisive role in all human relationships.

history of statehood and the subsequent change state forms Polybius describes as a natural process perpetrated on the "law of nature. In total there are six major Forms of States, in order of their natural occurrence and change took place within the next complete their life cycle: the kingdom, tyranny, aristocracy, oligarchy, democracy, ochlocracy.

Polybius believed that the "perfect form must be recognized one in which the combined features of the kingdom, aristocracy, democracy?.

customs and laws are characterized by Polybius as two fundamental principles inherent in each State. He emphasized relationship and correspondence between the good customs and laws, good mores of the people and the right unit of public life.

We see that already in ancient Greece were established socio - political theory, which largely determined the future development of socio- political thought. Greek thinkers were pioneers in many fields of human knowledge.
Therefore, we can talk not only about the contribution of the ancient Greeks in the history philosophical, political and legal Capewhether, but also to establish their foundation and starting the formulation of ideas and concepts in a variety of areas of theory and practice.

Chapter 3. General characteristics of the main directions of political and legal thought in ancient Rome

Ancient History of political and legal thought covers a thousand years and its evolution reflects the significant changes in socio-economic and politico- legal life of ancient Rome.
History of ancient Rome is divided into three periods: the king (754
-510 Years. BC), republican (509 - 28 years. BC. e.) Imperial (27 BC - 476 AD). Moreover, a single Roman empire in 395 BC. e. was divided into West
(the capital - Rome) and Eastern (the capital - Constantinople) empire, and latter (Eastern Roman, Byzantine Empire) lasted to 1453. Political and legal institutions and beliefs in Ancient
Rome evolved over its long history in acute struggle between different sections of the population - the patricians and plebeians, nobility (from the wealthy patricians and plebeians) and the have-nots, Optimates (adherents of the upper society) and popular (the supporters free bottom), free and slaves.

In a slave society, where slaves were not independent actors political and legal life and only the objects remained the property of others, struggle for political power deployed within a privileged minority.

Although the movement of slaves had not expressed any clear and independent political and legal concepts and programs, but they are inflicting painful blows on the foundations of the slave system, no doubt, influenced the development of political and legal ideology of the then society. This influence is also visible in the attention to the "problem of the slaves", which is characteristic of the leading theories
Ancient Rome, for the teachings of Cicero, the Stoics, lawyers, ideologues early Christianity.

ancient Roman political and legal thought there was a noticeable impact of the ancient Greek concepts. Noteworthy that when in the middle of V century BC. e. plebeians demanded preparation written laws in Greece were sent to the Roman emissaries to get acquainted with Greek law, and especially laws of Solon. The results were used to familiarize preparation of an important source of Roman law - known
3akonov XII tables (the first ten tables were taken in 451 to Mr. W., the last two drafted and adopted in 45O - 449 years. BC).

significant impact on the ancient authors had, except addition, the views of Socrates, Plato, Aristotle, the Epicureans, the Stoics,
Polybius, and many other Greek thinkers.

Thus, materialist views of Democritus and Zpikura, Democritus representation of the progressive development of people original natural state before the creation of an orderly political life, and the laws of the State, the thought of Epicurus, the contractual nature of the state and law were taken and developed by Titus
Lucretia Kar (99 --

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