Concept and attributes of the state

The basic theories of the state origin

Legal state and civil society.

Form of the state.

Mechanism and apparatus of the state.

Functions of the state.

Concept and attributes of the state.

The basic theories of the state origin.

PLAN

LECTURE 1. BASES OF THEORY OF THE STATE

There are many theories of the state origin.

THEORIES OF THE STATE ORIGIN
THEOLOGY (Foma Akvinsky (Thomas Aquinas)	The state was created by God. That is why the state is eternal and inviolable.
PATRIARCHAL (Aristotle, R. Filmer)	The state appears from patriarchal family and is continuation of power of father in family.
CONTRACTUAL (B. Spinoza, Th. Hobbes, J-J Rousseau)	The 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)	The state appears as a result of conquest with the aim to fix the domination and victory.
PSYCHOLOGICAL (L. Petrazhytsky)	According to this theory the 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)	The state arose up as a result of stratification of society on groups with opposite interests.
ORGANIC (H. Spencer)	The state is as biological organism: it has birth, it develops, it gets older and dies.
GEOGRAPHICAL DETERMINISM (L. Mechnikov, E. Hontington)	Climate and landscape played a leading role in the origin of the state.
SPACE	This theory explains the origin of the state with UFO interventions.

The state is sovereign, political, territorial organization of public power, which expresses interests of all people or group of people in society; has the special apparatus of management and compulsion, creates the obligatory rules of 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 in the territory of the state and/or are citizens of this state. That’s why they have a possibility to protect 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 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 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: 2014-01-11