politics

Types of the state and its types as the basis of the legal characteristics

Types of the state and its types as the basis of the legal characteristics
Types of the state and its types as the basis of the legal characteristics

Video: Aristotle & Virtue Theory: Crash Course Philosophy #38 2024, July

Video: Aristotle & Virtue Theory: Crash Course Philosophy #38 2024, July
Anonim

The state as a legal phenomenon is studied by scientists from different perspectives. But the most significant of them are the types and forms of the state. Their study is devoted to this study.

Types of state in terms of the formation approach

For a long time, the typology of states, considered fundamental in Russian literature, divided them into five main types: slaveholding, eastern, feudal, bourgeois and socialist. The basis of such a classification was the economic formation.

The eastern type was based on irrigated agriculture.

The slaveholding state was characterized by the unlimited power of the monarch and those close to him. At the same time, slaves and poor members of society were perceived as tools.

The feudal state basically relied on land ownership. Thus, state power was concentrated in the hands of those who owned land plots and had the right to dispose of them at their own discretion.

The third type was already the bourgeois state, which preferred to turn to a formation based on the right of ownership of the means of production. At the same time, power gradually acquired the character of a triumvirate, civil rights arose and, as a result, nominally equal opportunities.

The fourth type is a socialist state that denies the right of ownership as such because of its uselessness. Power belongs and is exercised by each citizen without prejudice to others. This type was recognized as utopia.

Despite the sufficient validity of this division into types of state, the formation approach is subject to well-deserved criticism. Identification as the only true economic factor of development does not cover all existing countries, and therefore it is worth taking into account the civilizational approach.

Types of state in terms of Toynbee's civilizational approach

According to him, the state as a phenomenon should be considered from various perspectives: cultural, historical, religious, etc. Based on this classification, types of states based on cultural values ​​were identified. Their total number is 26 unique state formations, among which there are eastern and western Christian, Egyptian, Sumerian, Western European and others.

Unfortunately, this approach made the same mistake as the formation one, namely: a certain one-sidedness of the assessment factors. Therefore, the types of state derived on its basis can only be perceived as auxiliary.

In defense of both systems, it should be noted that recently most jurists tend to combine both approaches in their research.

The form of the state - constituent elements

The state can be characterized not only in terms of its type, but also in form. In turn, the form of the state is a combination of three main elements: the state regime, administrative division and the form of government. However, the types of states are for the most part subdivided based on only the first characteristic, namely the political regime. In this case, both democratic and non-democratic types should be taken into account.

In this regard, the following types of states are distinguished:

- totalitarian - in which a certain party dominates;

- authoritarian - built on the dominance of one person;

- democratic - recognizing the power of the people as the highest value;

- liberal - the highest degree of freedom in economic and political activity.

It should be noted that not every species can be characterized by the presence of its own type. So, it is impossible to correlate the slave type with the totalitarian view, or the liberal form with Arab civilization.

The arguments presented above suggest that the types and forms of the state play a significant role in its characterization.