Concept and attributes of a state

Theories of a state origin

Legal state and civil society.

Form of a state.

Mechanism and apparatus of a state.

Functions of a state.

Concept and attributes of a state.

Theories of a state origin.

PLAN

LECTURE 1. FUNDAMENTALS OF THEORY OF A STATE

There are many theories of a state origin.

THEORIES OF A STATE ORIGIN
THEOLOGYCAL (Thomas Aquinas (Foma Akvinsky)	A state was created by God. That’s why the state is eternal and inviolable.
PATRIARCHAL (Aristotle, R. Filmer)	A state appears from a patriarchal family and is continuation of the father’s power in a family.
CONTRACTUAL (B. Spinoza, Th. Hobbes, J-J Rousseau)	A state appears on the basis of public agreement as a result of association of people for the general aim.
VIOLENCES (L. Gumplovich, E.During, K. Kautsky)	A state appears as a result of conquest with the aim to fix the domination and victory.
PSYCHOLOGICAL (L. Petrazhytsky)	According to this theory a state was created because of different psychological properties of people: one part of them are leaders from the birth, the second part is for subordination.
ECONOMIC (MARXIST) (K. Marx, F. Engels)	A state arose up as a result of stratification of society on groups with opposite interests.
ORGANIC (H. Spencer)	A state is as biological body: it has birth, it develops, it gets older and dies.
GEOGRAPHICAL DETERMINATION (L. Mechnikov, E. Hontington)	Climate and landscape played a leading role in the origin of the state.
SPACE	This theory explains the origin of a state with UFO interventions.

A state is sovereign, political, territorial organization of public power, which expresses interests of all people or a group of people in society; has the special apparatus of management and compulsion, creates the obligatory rules for behavior (norms of law) for the population.

There are basic and optional attributes of the state.

Attributes of the state	Content of attributes of the state
1. Territory	This is the limited part of the Earth. Sovereignty of the state spreads to the territory of the state. It is material basic of the state activity.
2. Population	These people live on the territory of the state and/or are citizens of this state. That’s why they have real possibility to protect the rights and freedoms by the state.
3. Sovereignty	It’s a main attribute of the state. There is no state without sovereignty. It is supremacy, independence and indivisible of the state power to decide all questions inside the state and outside of the state in international life.
4. Presence of political and public power	The character of the state power is political and public. Political character means that only the state power is supremacy, independence and indivisible, the state can create legal rules and the system of bodies of state power. Public character means that only the state makes decisions for all population, these decisions have obligatory character.
5. Presence of the system of bodies of state power	There is a system of bodies of state power, which realize functions of management and compulsion.
6. Presence of law	There are obligatory rules of behavior for subjects of legal relations in the state. The state creates law.
7. Taxes, own currency note	The state can collect tax. These taxes form a base for implementation of functions of the state.
8. Presence of symbols of the state	The capital, coat of arms, hymn, flag, official language

Дата добавления: 2014-01-04