home » ecosystems Features of the formation of states in the ancient world. Policy system. The education system in ancient Greece Stages of development of statehood

Features of the formation of states in the ancient world. Policy system. The education system in ancient Greece Stages of development of statehood

MINISTRY OF EDUCATION AND SCIENCE
RUSSIAN FEDERATION

State educational institution
Higher professional education
"Ivanovo State University"

Faculty of Law

Department of Theory and History of State and Law

Abstract on comparative state studies on the topic
"The Formation of Statehood in Ancient Greece".

Performed:
Student of the 1st year of the 4th group
day department
Full-time education
Vinogradova N.V.

Ivanovo 2011

Plan:

Features of the formation of statehood in Ancient Greece

Pre-State Period in Ancient Greece

Stages of development of statehood

Homeric period

Prerequisites for the formation of policies in ancient Greece

Archaic and classical period

Hellenistic period

Bibliography

The formation of statehood in ancient Greece
1. Features of the formation of statehood in Ancient Greece
One of the most important features of the formation of the state in Ancient Greece was that this process, due to the constant migration of tribes, proceeded in waves, intermittently, and the process of the formation of statehood was largely determined by natural and geographical factors (Greece was a mountainous country, where there were few fertile and suitable for grain land crops, especially those that would require, as in the East, collective irrigation work). In Greece, favorable conditions developed for the development of handicrafts, in particular metalworking. Already in the III millennium BC. the Greeks widely used bronze, and in the 1st millennium BC. tools made of iron, which helped to increase the efficiency of labor and its individualization. The broad development of exchange and then trade relations, especially maritime trade, contributed to the rapid development of a market economy and the growth of private property. The increased social differentiation became the basis of a sharp political struggle, as a result of which the transition from primitive states to highly developed statehood took place more rapidly and with more significant social consequences than it took place in other countries of the ancient world. Natural conditions influenced the organization of state power in Greece in other respects as well. The mountain ranges and bays that cut through the sea coast, where a significant part of the Greeks lived, turned out to be a significant obstacle to the political unification of the country and, all the more, made centralized government impossible and unnecessary. Thus, the natural barriers themselves predetermined the emergence of numerous, relatively small in size and rather isolated from each other city-states - policies.
H The most interesting and studied is the process of state formation in two well-known Greek policies - ancient Athens and Sparta. The first was a model of slave-owning democracy, the second - the aristocracy.
2. Pre-state period in Ancient Greece
The pre-state period in the history of the tribal system Marx and Engels call military democracy. This term was introduced by the American historian L. Morgan to characterize the ancient Greek society during its transition from a tribal community to a neighboring one. Military democracy falls on that period of history when the ancient tribal organization is still in full force, but property inequality has already appeared with the inheritance of property by children, the nobility and royal power have arisen, and it has become a common practice to turn prisoners of war into slaves. The structure of military democracy is distinguished by a great variety of forms. In some cases, it depends on the polis structure, in other cases, military democracy arises in conditions of a nomadic or semi-nomadic lifestyle. By all indications, the period of military democracy is the last period of the primitive communal system.
3. Stages of statehood development:
The first state formations in Greece appeared in the 2nd millennium BC. The polis stage of the history of Ancient Greece is divided into four periods:

Homeric period(XI-IX centuries BC), characterized by the dominance of tribal relations, which begin to decompose by the end of this period.

archaic period(VIII-VI centuries BC), within the framework of which the formation of a class society and the state takes place in the form of policies.

classical period(V-IV centuries BC), characterized by the flourishing of the ancient Greek slave-owning state, the polis system.

Hellenistic period(IV-II centuries BC). The Greek policy, having exhausted its possibilities, entered a period of crisis, the overcoming of which required the creation of new state formations.

The Hellenistic states were formed as a result of the conquest of Attica by Alexander the Great. The Hellenistic states, combining the beginnings of the Greek polis system and the ancient Eastern society, opened a new stage in ancient Greek history.

4. Homeric period.

In ancient Greek society, as Homer describes it, complex processes take place. At that time, the land was still tribal property and was provided to members of the clan only for use. The best lands belonged to representatives of the noble and wealthy. The population was united in rural communities, isolated from each other and occupying a small area. The economic and political center of the community was the city. The permanent body of power was the council of elders-bule. Primitive democracy was still preserved, and popular assemblies played a significant role. Homeric Greece was fragmented into small self-governing districts, from which the first city-states - policies - were subsequently formed.

The prerequisites for the transition from the Homeric period to the archaic period were the formation and development of policies in Ancient Greece.

5. Prerequisites for the formation of policies in Ancient Greecethe following can be considered:

Of the many circumstances that influenced the birth and formation of the policy, the following can be distinguished as the most important:

The death of the Mycenaean palace centers saved the rural communities from the heavy guardianship of the monarchy and the oppression of the hypertrophied bureaucratic apparatus.

The traditional stimulating effect of the landscape. Greece is a small country divided by mountain ranges, and the sea bays separate the southern part from the middle one. Such geographic features encouraged the particularization of the Greek world, the autonomous existence of individual communities, as well as the unification of tribes around a fortified center. The separation from the mass of settlements of one, more than others, fortified by nature, the settlement, which becomes a political center.

The renewal of a progressive economic and social movement among the Greeks. Acceleration of technical progress, intensification of production, in-depth division of labor, making crafts and trade into independent industries.

Strengthening the individual economy and the establishment of the principle of private property.

The development of the policy was carried out along three main lines:

from a rural communal village to a city

from late tribal society to the class society of the ancient type.

from a late tribal community to a state with a sovereign people.

6. Archaic period and classical period
Starting from the 8th century of the Archaic period and ending with the 4th century of the classical period, two of the largest and militarily strong city-states, Athens and Sparta, come to the fore among several hundred ancient Greek policies. Under the sign of the antagonism of these two policies, the entire subsequent history of the statehood of Ancient Greece unfolded. In Athens, where private property, slavery, market relations were most fully developed, where a civil community was formed, linking its members with all the differences in their property and political interests into a single integral whole, ancient democracy reaches its peak and, as subsequent history testifies, becomes great creative power. In contrast to Athens, Sparta went down in history as an example of an aristocratic military camp state, which, in order to suppress the huge mass of the forced population (helots), artificially restrained the development of private property and unsuccessfully tried to maintain equality among the Spartans themselves. Thus, the rivalry between Athens and Sparta resulted in a kind of competition between two different civil and political communities in Greece. It is instructive in the history of ancient Greek statehood that the confrontation between the two "polis superpowers" dragged the entire Greek world into a bloody and protracted Peloponnesian war, which resulted in the weakening of the entire polis system and the fall of democratic institutions. Ultimately, both Athens and Sparta fell prey to the Macedonian monarchy. The reason for the death of the ancient Greek statehood, in particular Athens, which became the ideal of a democratic state based on the autonomy of a private owner as a full member of the civil community, is not so much slavery as the internal weakness of the polis structure of the state itself. This device, associated with predetermined territorial and political parameters, had no room for political maneuver and for further progressive evolution.
7. Hellenistic period
The very development of Greek society from the patriarchal structures and proto-states of the Homeric era to classical slavery and the flourishing of ancient democracy reveals some patterns in the development of political life and in changing the very forms of organization of city-states. At the end of the II millennium BC, as evidenced by the Homeric epic, in the Greek world there was relatively general tendency to increase the power of the king as military commander, judge, supreme head of the palace economy, etc. In the methods of his reign, more and more the despotic traits inherent in the monarchs of antiquity, especially the eastern ones, appeared. The collapse of patriarchal-communal ties, on which the sole power of the king (basileus) relied, the growth of opposition from aristocratic families with great wealth and social influence, resulted in the destruction of royal power in almost the entire ancient world, accompanied in some cases by the assassination of the king himself. The liquidation of the monarchy led to the victory in the ancient world of the republican system, as well as to the final approval (before the era of crisis and the decomposition of the slave-owning society) of the polis system of state organization. But in the early republican period, the democratic potential inherent in the polis system, which provides for elements of direct democracy (people's assemblies, etc.), did not receive full development. The common people in the policies, who had no political experience and drew their ideas of power from the patriarchal-religious past, ceded the reins of government in almost all ancient policies to the tribal, priestly and new propertied aristocracy. This was precisely the state power in Athens on the eve of Solon's reforms. The further process of democratization of political life in the ancient city-states was accompanied by an intensification of the struggle between the aristocracy, which held power in its hands and sought to conserve the old polis system, and the people (demos), who were increasingly aware of their civil unity. The result of this struggle (eupatrides and demos in Athens) was a series of legislative reforms that undermined the monopoly of the aristocracy in state bodies and created the basis for the development democratic institutions. In many Greek city-states, the final approval democratic system was preceded by the usurpation of power by sole rulers-tyrants, usually coming from an aristocratic environment, but using their power to undermine the old aristocratic and patriarchal orders, to protect the interests of the general population of the policy. Such regimes of personal power, called tyranny, were established in Miletus, Ephesus, Corinth, Athens, Megara and contributed to the strengthening of private property and the elimination of the privileges of the aristocracy, the establishment of democracy as a form of state that best reflects the common interests of the civil and political community.
In conclusion, we can say that the state of Ancient Greece arose from the tribal system already in a very high form of development, in the form of a democratic republic.

Bibliography

Batyr K.I. General History of State and Law. M., 1998.

History of state and law foreign countries./ Ed. Zhidkova O.A., Krasheninnikova N.A. M., 1998.

Kosarev A.I. History of the state and law of foreign countries. M., 2003.

And Ancient Rome

Law in the states of the ancient world

The emergence of the state in the ancient world and the polis system. The history of civilization with its inherent state-legal organization of human life begins, as shown in the previous section, with ancient east. Its new and higher level is connected with the development ancient (Greco-Roman) society, formed in southern Europe in the Mediterranean basin . its apogee ancient civilization reached in I millennium BC - at the beginning of the 1st millennium AD It was to this time that the impressive successes of the Greeks and Romans in all spheres of human activity: literature and art, science and philosophy, democratic statehood and, of course, in the political and legal field.

The early centers of civilization and the first proto-states arose in the Mediterranean basin as early as in the III-II millennium BC., moreover, not without the influence of the Eastern world. Subsequently, especially during the period of "great colonization" ( VIII-VII centuries. BC.), with the foundation of a number of Greek settlements (cities) on the Asian coast, the interaction of the two civilizations became even closer and deeper. Through the Greek cities in Asia Minor - Miletus, Ephesus, etc. trade, cultural and other ties between East and West were carried out.

The growing political contacts of the Greeks, and later the Romans, with the eastern countries allowed them to use overseas state-legal experience, to look for more rationalistic approaches to lawmaking and politics.

Creation of the first proto-states, and then larger ones state formations in the south of the Balkan Peninsula and on the islands of the Aegean Sea in III-II millennium BC. was the result conquest the Achaean Greeks of the autochthonous population of this region (Pelasgians, Minoans). The conquest led to the mixing and crossing of different cultures, languages and peoples, which spawned the high Cretan-Mycenaean civilization, represented by a number of rising and falling states (Knossos, Mycenaean kingdom, etc.).

Monarchic character these states, the presence of a large state-temple economy and a land community testified to their resemblance to typical eastern monarchies. Crete-Mycenaean traditions for a long time affected the subsequent statehood of the Achaean Greeks, which was characterized by the presence communal way of life associated with royal palace who acted as the supreme economic organizer .

One of key features in the formation of the state in Ancient Greece was that this process wavy, intermittent due to constant migration and displacement of tribes. So, the invasion in the XII century. BC. to Greece from the north of the Dorian tribes again threw back the whole natural course of the formation of statehood back. The “Dark Ages” that followed the Dorian invasion (XII century BC - the first half of the 8th century BC), and then the archaic period, again returned the Hellenes to tribal statehood and proto-states.

The combination of internal and external factors in the process of the genesis of the state in Greece showed that the emergence of the state in Athens did not occur in a "pure form", i.e. directly from the decomposition of the tribal system and class formation. The significant influence of an external factor, in particular the Etruscan one, affected the genesis of the Roman state.

Features of the process of formation statehood in the ancient world (unlike the countries of the East) was largely predetermined natural and geographical factors.

Greece, for example, was a mountainous country where there was little fertile and suitable land for crops, especially such that would require, as in the East, collective irrigation work.

In the ancient world, the land community of the eastern type could not spread and survive, but in Greece favorable conditions developed for the development of crafts, in particular metalworking.

Already in the III millennium BC. the Greeks widely used bronze, and in the 1st millennium BC. tools made of iron, which helped to increase the efficiency of labor and its individualization.

The wide development of exchange and then trade relations, especially maritime trade, contributed to the rapid development market economy and the growth of private property. The increased social differentiation became the basis of a sharp political struggle, as a result of which the transition from primitive states to highly developed statehood took place more rapidly and with more significant social consequences. , than was the case in other countries of the ancient world.

natural conditions influenced the organization of state power in Greece in other respects. The mountain ranges and bays that cut through the sea coast, where a significant part of the Greeks lived, turned out to be significant. an obstacle to the political unification of the country and the more they did impossible and unnecessary centralized control.

Thus, natural barriers predetermined the emergence of numerous, relatively small in size and quite isolated from each other city-states - policies. The polis system was one of the most significant, almost unique features of statehood, characteristic not only of Greece, but of the entire ancient world.

The geographical and political isolation of the policy (in the mainland and on the islands), with a far-reaching division of labor, made it dependent from the export of handicrafts, from the import of grain and slaves, i.e. from pan-Greek and international maritime trade. The sea played a huge role in the life of the ancient (primarily Greek) policy. It ensured his connection with the outside world, with other policies, with colonies, with eastern countries, etc. The sea and maritime trade were connected into a single policy system. all city-states created an open pan-Greek and Mediterranean political culture and civilization.

In terms of internal organization antique polis represented closed state. Full Athenian citizens, for example, were only those persons whose father and mother were citizens of Athens. The policy of the ancient Greeks was a civil and political community. But unconditional dominance in the polis world had various republican forms- aristocracy, democracy, oligarchy, plutocracy, etc.

The development of Greek society from the patriarchal structures and proto-states of the Homeric era to classical slavery and the flowering of ancient democracy has its own patterns in the development of political life and in the change in the very forms of organization of city-states.

AT end of II millennium BC in the Greek world there was a relatively a general tendency to strengthen the power of the king as a military leader, judge, supreme head of the palace economy, etc.. In the methods of his government more and more showed through despotic traits inherent in the monarchs of antiquity, especially the eastern ones. A similar picture can be seen several centuries later in Rome during the era of the kings.

The collapse of patriarchal-communal ties, on which the sole power of the king (basileus, rex) relied, growth of opposition from aristocratic families with great wealth and social influence, resulted in almost the entire ancient world destruction of kingship accompanied in a number of cases (as was the case in Rome with Tarquinius the Proud) by the murder of the king himself.

The liquidation of the monarchy in the ancient world led to victory Republican system, as well as to the final approval (before the era of crisis and decomposition of the slave society) polis system of state organization. But in the early Republican period democratic potential inherent in the polis system, which provides for elements of direct democracy (people's assemblies, etc.), not fully developed. The common people in the policies, who had no political experience and drew their ideas about power from the patriarchal-religious past, ceded the reins in almost all ancient policies tribal, priestly and new propertied aristocracy.

This was precisely the state power in Athens on the eve of Solon's reforms, in the early period of the patrician republic in Rome, and so on. their civic unity. The result of this struggle (eupatrides and demos in Athens, patricians and plebeians in Rome, etc.) was a series of legislative reforms that undermine the monopoly of the aristocracy in state bodies and create the basis for the development of democratic institutions.

In many Greek city-states, the final establishment of a democratic system was preceded usurpation of power by sole rulers-tyrants. Usually they came from an aristocratic environment, but using their power to undermine the old aristocratic and patriarchal orders, to protect the interests of the general population of the policy. Regimes of personal power, called tyranny, established in Miletus, Ephesus, Corinth, Athens, Megara and contributed strengthening private property, eliminating the privileges of the aristocracy and establishing democracy as a form of state which to the greatest extent reflected the common interests of the civil and political community.

To 6th-5th centuries BC. two of the largest and militarily strong city-states came to the fore among several hundred ancient Greek policies: Athens and Sparta. Under the sign of the antagonism of these two policies, the entire subsequent history of the statehood of Ancient Greece unfolded. AT Athens, where the most developed private property, slavery, market relations and where an integral civil community was formed, ancient democracy reached its peak and became a huge creative force.

Opposite of Athens Sparta went down in history as an example of an aristocratic military camp state, which, in order to suppress the huge mass of the forced population (helots), held back the development of private property and tried to maintain equality among the Spartans themselves.

Thus, the rivalry between Athens and Sparta resulted in a kind of competition between two different civil and political communities in Greece. The confrontation of the "polis superpowers" dragged the entire Greek world into a bloody and protracted Peloponnesian war, which resulted in the weakening of the entire city system and the fall of democratic institutions. Ultimately, both Athens and Sparta fell prey to the Macedonian monarchy.

The cause of the death of the ancient Greek statehood, in particular Athens, which became the ideal of a democratic state, was not so much slavery as the internal weakness of the polis structure of the state itself. It consisted in predetermined territorial and political parameters, i.e. there was no room for political maneuver and for further progressive evolution.

To 1st century BC. the polis system has exhausted itself in Rome. The city-republic could not cope with the uprisings of the slaves and was unable to ensure internal civil unity. Under these conditions, the preservation of the republican system, designed to manage the state-city, has become an anachronism. On the change of republic, which turned to the 1st century. BC. into a world power, comes the monarchy in the form empire.

The influence of the polis system in the long history of the Roman Republic was so great that during the first centuries (the period of the principate) emperors, striving to create a centralized bureaucratic monarchy, could not free themselves from republican polis institutions for a long time.

The strengthening of the power of the late Roman emperors and the adoption of Christianity drew the final line under the polis orders. In the latest period of the Roman Empire, it was finally broken with republican-polis democracy, and the features of medieval statehood were increasingly manifested, especially in the eastern part of the empire.

Law in the states of the ancient world. Law, as one of the factors that hold civil society and elements of its culture together, did not immediately reach maturity and perfection in the era of antiquity. On the early stages of its development, in terms of the level of legal technology and the degree of development of the main institutions had a lot of similarities with the legal systems of the countries of the East. The development of law in ancient Greece and Rome was carried out under individual policies, and the level of development of democratic institutions in individual city-states was reflected in law.

As a result, the approval of the polis system intensified law-making activity and its gradual liberation from the religious and mythological shell. For changing unwritten customs, the interpretation of which was often arbitrarily carried out by the secular or Greek aristocracy, came law who had secular character and usually expressed in writing. Thus, right in the ancient world was authoritative and obligatory regulator of polis life devoid of any mystical or religious power.

The recognition of legislation, and not custom, as the main form of lawmaking (Greece), or its approval as one of the most important sources of law (Rome), was accompanied by codification established in a more archaic era legal customs.

Such is the most ancient, according to the Greek tradition, the codification of law, carried out by Zaleukos in Locri (Italy), as well as the codification of Charond in Catana (Sicily). Similar collections were compiled in other Greek city-states, including Athens at the end of the 7th century. BC. (Dragon Laws).

The beginning of a new democratic constitution in Athens, providing for a developed procedure for the adoption of laws by the people's assembly, was laid down by reforms Solon and Cleisthenes in the 6th century. BC. In Rome, traditional legal customs were processed and written down in the Laws of the XII tables. These laws also provided for the rule that law counts decision of the people's assembly.

As Solon noted, the life of society should be regulated by law and laws adopted by universal consent. In the Greek city-states, citizens from childhood were brought up respect, and even reverence, both for the laws and for the polis orders established in them. Socrates, who argued that the polis laws go back to a reasonable beginning, advocated the observance of laws by all Athenians.

In Athens, where a democratic system of legislation was established, where right in the eyes of citizens was associated with reason and justice, developed kind of legal state, whose benefits, however, could not be used by slaves and foreigners.

Even more so cult of law and worship formed in Roman society. Unconditional adherence to republican laws was for the Romans not only a legal obligation, but also a matter of honor.

The connection of the Roman republican state with its own laws and law as a whole was reflected by the outstanding Roman jurist Cicero, who considered the state not only as an expression of the common interests of all its members, but also as a combination of many people "bound by agreement in matters of law."

Thus the idea rule of law originated in Republican Rome. It is no coincidence that it was in the Roman society, where the laws have long been regarded as sacred, that the most perfect legal system in the conditions of the ancient world, which has a holistic and comprehensive character, was developed.

Roman law for the first time in history acted as systemic, carefully designed, proper legal education. Classical Roman law is the pinnacle in the history of the law of antiquity and the ancient world as a whole. It represents one of the greatest achievements of ancient culture, the influence of which on the subsequent development of European law and civilization can hardly be overestimated. It has acquired, to a certain extent, a timeless, ahistorical character.

Roman law can only be regarded as a slave law with significant reservations. At first glance, it may seem so, since it was formed and reached its apogee in a society based on the most developed classical slavery in the entire ancient world. But Roman law, in the form in which it acquired global importance(primarily private law, which fixes the interests of an individual, a private owner), is generation of market relations and trade turnover.

In the early stages of history Roman state, when many elements of patriarchal life were preserved in society, and commodity-money relations had not yet been developed, Roman law different traditionalism, formalism and complex rituals that hindered economic turnover. The gradual process of transforming Rome from a city-republic into a gigantic empire at that time resulted not only in the growth of slavery, but also in commodity production, and, ultimately, in the creation of the most complex market economy in the history of the ancient world, which urgently required adequate legal regulation.

Force private property and the commodity turnover built on it broke the outdated and restrictive legal forms. In their place was created new and technically perfect law able to regulate the most subtle market relations, to satisfy other needs of a developed civil society. It is in this form Roman law has become a universal legal system applicable in different historical conditions, regardless of the type of society, as long as it is based on private property and a market economy.

Together with Roman law, the history of civilization entered Roman jurisprudence of great cultural value. On the basis of Roman jurisprudence, the legal profession was born, and, accordingly, special legal education originates from it.

Literature

Anners E. History of European law. M., 1994.

Antique democracy in the testimonies of contemporaries / Comp. L.P. Marinovich, G.A. Koshelenko. M., 1996.

History of State and Law of Foreign Countries: Textbook / Under. ed. prof. K.I. Batyr. M., 2003. S. 56-58.

History of State and Law of Foreign Countries: Textbook / Ed. ed. O.I. Zhidkova, N.A. Krasheninnikova. In 2 hours. Part 1. M., 2001. 129-137.

test questions

1. The emergence of statehood in the ancient world.

2. The main stages in the formation of the polis organization in the ancient world.

3. Features of the formation of the law of the ancient world.

Topic 4. State institutions and legal system

In Ancient Greece

The emergence and development of the state in ancient Athens. The main features of Athenian law. Features of the state and legal system

in ancient Sparta

The emergence and development of the state in ancient Athens. The territory of Attica (the region of Greece, where the Athenian state subsequently arose) was inhabited by end of II millennium BC four tribes, each of which had its own popular assembly, a council of elders and an elected leader - basileus. The transition to a productive economy with the individualization of labor led to the division of communal land into plots with hereditary family ownership. Consequently, to the development of property differentiation with a gradual the separation of the tribal elite and the impoverishment of free community members, many of which have become fetov - laborers or for debts got into slavery. These processes were accelerated due to the development of handicrafts and trade, which was favored by coastal position of Athens.

Wealthy families became the first owners of slaves, in which prisoners of war were converted. To beginning of I millennium BC. slavery was widespread, but the exploitation of slave labor had not yet become the basis of social production. Slaves were employed in the household, craft, less often in field work. Along with them, their masters worked, although the slaves performed the most difficult work. Over time, slave labor began to predominate, and slave owners, especially large ones, ceased to participate in productive labor. The tribal organization of power began to adapt to ensuring the interests of its members, the wealthy elite of the free, to the exploitation of slaves.

AT people's assembly increased the influence of noble families, from their representatives formed council of elders and basileus were elected. Primitive society turned into a political one, called military democracy.

Played an important role external factors. Preconditions to unite the tribes of Attica under a single authority became: geographical conditions that required adaptation of farming to environmental conditions natural environment; depletion of local natural resources, which increased with the transition to a producing economy; the development of exchange and the intensification of intertribal contacts associated with it and, as a result, the weakening of blood ties and the assimilation of clans and tribes; the need to resolve and eliminate emerging conflicts that have gone beyond the tribal framework.

The consequence of this and at the same time an important stage in the long process of state formation in Athens were reforms associated with the name of the legendary hero Theseus. The reforms attributed to him are the result of gradual changes that took place over a number of centuries and ended by 8th century BC. One of these reforms was unification (sinoikism) of tribes who inhabited Attica, into a single Athenian people. As a result of Sinoikism in Athens, there was the Council who managed the affairs of all four tribes. Athens polis became territorial form of political organization of society.

The territorial organization of society urgently demanded centralized management. Previously, a rather monolithic tribal society found itself in a difficult situation: inter-tribal and inter-tribal feuds still persisted, but new acute conflicts were already arising in connection with the increasing property differentiation in Attica. These conflicts created the ground for the formation of new mechanisms of power. There was a need for political (state) power, standing above society and capable of becoming, on the one hand, a means of agreement and reconciliation, on the other, a force of subjugation and enslavement. The beginning of this was laid by the consolidation of not only social, but also political inequality between the free, their division (also attributed to Theseus) into eupatrides - noble, geomors - farmers and demiurges - artisans.

To eupatridam, the tribal elite, passed the exclusive right to occupy public positions, which led to a further separation of public power from the population.

Geomora and demiurges together with the merchants and the poor, who made up the majority of the free, they were gradually removed from the direct active management of public affairs. They retained only the right to participate in the people's assembly, the role of which at that time had fallen significantly.

At the same time, the situation of small landowners became more and more difficult. They went bankrupt and were forced to mortgage land for debts. Along with the pledge of land arose and debt bondage, under which the faulty debtor could be sold into slavery abroad.

Archons and the Areopagus. Eupatrides, relying on their wealth and the exclusive right to occupy public positions, gradually limit the power of the basileus associated with the traditions of tribal democracy. Its functions are transferred to new officials elected from eupatrides - archons. At first, the position of archon was for life, then it was limited to a ten-year term. With 7th century BC. began to be elected nine archons for a term of one year. The college of archons not only took over the military, priestly and judicial functions of the basileus, but eventually took over the entire leadership of the country.

At the same time, in the 8th century BC., another new body of public administration emerged - Areopagus. Replacing the council of elders, the Areopagus elected and controlled the archons, as well as the popular assembly, and exercised the supreme judicial power. The Areopagus included all former and current archons, i.e. representatives of the eupatrides.

Attic society was turning into a political society - a society under the power that stood out from it and stood above it. The former syncretism (indivisibility) of society and power is coming to an end.

At the same time, another process was developing, characteristic of the emergence of the state, - territorial division of the population. AT 7th century BC. the country was divided into districts - navcraria, whose inhabitants, regardless of tribal affiliation, were obliged to build and equip a warship at their own expense, as well as supply a crew for it.

Reforms of Solon and Cleisthenes. To 6th century BC. The situation in Athens was extremely difficult. The development of commodity-money relations led to further social stratification of the free population. Among the eupatrides and geomors, rich landowners stand out, some of the eupatrides become poorer, and the geomors turn into farm laborers cultivating someone else's land, receiving 1/6 of the crop for this, or fall into debt bondage, lose their freedom and are sold into slavery abroad. The economic role of the wealthy trade and craft elite of the townspeople, still removed from power, is growing. The number of poor people is also growing. The position of medium and small landowners and artisans is becoming more and more unstable. As a result, a whole complex of contradictions arises among the free - between the rich and impoverished Eupatrides, who still hold power, and the rich from landowners, merchants and artisans, striving for power and using the discontent of the poor, medium and small owners.

To mitigate these contradictions and unite all free people into a single ruling class, deep social and political transformations were required. Started them Solon elected archon in 594 BC Although Solon was a Eupatride, he made a fortune in trade and was trusted by the general population. Home the goal of Solon's reforms was to reconcile the interests of various warring factions of free. Therefore, they were of a compromise nature.

Solon's reforms were an important stage in the formation of the state in Athens, and their results can be compared with a political revolution. First of all, Solon:

1) spent sisachphia- debt reform, in essence - a direct intervention in property relations. The debt of the poor was cancelled. The Athenians who fell into slavery for debts were freed, and those sold for debts abroad were redeemed. Debt slavery in Athens was abolished;

2) installed the maximum size of land holdings;

3) allowed free purchase and sale of land and fragmentation of land holdings for wealthy Athenians ;

4) spent census reform aimed at destroying the hereditary privileges of the nobility, replacing the privileges of origin with the privileges of wealth. Solon secured the division of citizens into four ranks by property;

The richest citizens were assigned to the first category, the less wealthy - to the second, and so on. Each category had certain political rights: only citizens of the first three categories could hold public positions, and only citizens of the first category could hold the position of archon (and, therefore, a member of the Areopagus). The poor, who belonged to the lowest, fourth category, were still deprived of this right. But they could participate in the people's assembly, the role of which increased. The assembly began to make laws, to elect officials and receive reports from them.

5) created new judiciary - helium, to which any Athenian citizen could be elected, regardless of his property status, which was a concession to the poor;

6) founded new governing body- council of four hundred, elected from citizens of the first three categories of 100 people from each tribe, where tribal traditions and the influence of Eupatrides were still preserved.

The reforms dealt a blow to the tribal organization of power and the privileges of the tribal aristocracy. They were an important step in the formation of political organization in Athens. But the compromise nature of the reforms prevented the resolution of sharp contradictions. The reforms displeased the tribal aristocracy and did not fully satisfy the demos. The struggle between them continued and led after a while to establishing the tyranny of Lysistratus, and then his sons (560-527 BC), who consolidated the success of the demos in the fight against the aristocracy and strengthened the political system created by Solon.

The existing governing bodies continued to function, but now under the control of the tyrant who seized power. Tyrant in Athens was considered illegal ruler, not necessarily establishing a brutal regime. Lysistratus eased the situation of small landowners by providing them with credit. Active foreign policy and the creation of a military fleet attracted Athenian merchants to his side. The large scale of the construction of public buildings that adorned the city provided a means of subsistence for the poor. An important role was played by the observance of the laws in force in Athens.

However, these measures required ever-increasing funds, the replenishment of which was assigned to the rich Athenians, which caused their discontent. Supported by Sparta fearing the strengthening of Athens , tyranny was overthrown. The subsequent attempt by the aristocracy to seize power ended in failure. Relying on the poor, the rich trade and craft elite of the Athenian slave owners, headed Cleisthenes, expelled the Spartans and secured her victory new reforms.

Reforms of Cleisthenes held in 509 BC, eliminated in Athens remnants of the family. They included:

1) the destruction of the old division of the population into four tribes;

Attica was divided into 10 territorial phyla, each of which included three territories (tritia) located in different places - urban, coastal and agricultural. They were divided, in turn, into demos. Such a structure of phyla undermined the political positions of the landed aristocracy, since the first two territories were dominated by trade and craft strata of slave owners.

The peasantry was freed from the influence of ancient tribal traditions, on which the authority of the nobility was based, and those who were not part of the local tribal organization received access to participate in a political position. The consanguineous principle was replaced by the territorial principle of dividing the population.

2) abolition Council of the Four Hundred and on the basis of the newly created territorial organization of the population, the institution Council of Five Hundred;

The Council of Five Hundred was formed from representatives of 10 phyla, 50 people from each, and led the political life of Athens in the period between convocations of the national assembly, carrying out the implementation of its decisions.

3) creation board of ten strategists;

The board of ten strategists was also completed taking into account the territorial organization of the population: one representative from each phylum. Initially, the strategists had only military functions, but later they pushed the archons into the background and became the highest officials of the Athenian state.

4) the introduction into the practice of people's assemblies of a special procedure, called ostracism.

Every year, a people's assembly was convened, which determined by voting whether there were any persons dangerous to the state among fellow citizens. If such persons were named, the meeting was convened a second time, and each of its participants wrote on the ostracon (clay shard) the name of the one who, in his opinion, was dangerous. Convicted by a majority vote was removed from Attica for a period of 10 years. Ostracism, initially directed against the tribal aristocracy, was subsequently used in the political struggle between the various factions that existed in Athenian society.

The reforms of Cleisthenes completed the long process of state formation in Ancient Athens.

The differentiation of power functions that arose after Theseus led to the organization of organs for their implementation. As a result, a special and permanently operating implementation apparatus political power . In parallel, there was a process of acquiring a monopoly of power over society by this apparatus. The monopolization of the right to exercise power functions became a legitimate right to use coercion. Political power began to be exercised in the form of state power, became state power, and the apparatus for its implementation - the state apparatus. As a result, Athens arose slave state in the form of a democratic republic.

Athenian state in the V-IV centuries. BC. In the first half of the 5th c. BC. Athens has become one of the leading states of the Greek world. This was facilitated by the victory of the Greek states in the Greco-Persian wars, the intensive economic development of Athens and the strengthening of the democratic system in them. The union of Greek states formed during the Greco-Persian wars was initially headed by Sparta. By the 70s, when hostilities were transferred to the sea, the leadership of the union passed to Athens. AT 478 BC was educated Delian Maritime Union (symmachy) led by Athens. The union included 140-160 Greek states, which equipped warships and made contributions (foros) to the union treasury. The command of the fleet was entrusted to Athens.

Over time, the construction of the fleet passed to Athens, the treasury of the union was transferred there from Delos, and the foros turned into a tax collected from the allies and was at the uncontrolled disposal of Athens. The discontent of the allies was suppressed by force, Athenian settlements (cleruchia) began to be created on their territory, which practically turned into military garrisons, Athenian officials were sent to many allied states; the consideration of some cases of citizens of the allied states passed to the Athenian courts, and the Council of Five Hundred began to decide the affairs of the union.

The hegemony of Athens in alliance turned it into a powerful Athenian arche - power, mercilessly exploiting the allies, enriching themselves at their expense and keeping them in the union by force.

The change in the foreign policy position of Athens, their enrichment led to changes in socio-political relations. Ephialtes almost completely deprived the Areopagus of political power, transferring its main functions to the people's assembly, the Council of Five Hundred and the gelie. The Areopagus retained only some judicial and religious functions.

With name Pericles tied rise of Athenian democracy. Under him, the qualification reform of Solon lost its significance, since the possibility of filling public positions was recognized for all full-fledged citizens. In order to involve poor citizens in an active political life, remuneration was introduced for the performance of public office.

To replace the patriarchal

The territory of Attica (the region of Greece, where the Athenian state subsequently arose) was inhabited at the end of the 2nd millennium BC. four tribes, each of which had its own popular assembly, a council of elders and an elected leader - basileus. The transition to a productive economy with the individualization of labor led to the division of communal land into plots with hereditary family ownership, to the development of property differentiation and the gradual separation of the tribal elite and the impoverishment of the mass of free community members, many of whom turned into fetov- laborers or for debts fell into slavery. These processes were accelerated due to the development of crafts and trade, which was favored by the coastal position of Athens.

Geographical conditions that required the adaptation of economic management to the conditions of the natural environment, the depletion of local natural resources, which increased with the transition to a productive economy, the development of exchange and the associated intensification of intertribal contacts and, as a result, the weakening of blood ties and the assimilation of clans and tribes, the need for settlement and the elimination of emerging conflicts that went beyond the tribal framework, became prerequisites for the unification of the tribes of Attica under a single authority.

The consequence of this and at the same time an important stage in the long process of state formation in Athens were reforms, traditionally associated with the name of the legendary hero Theseus. The reforms attributed to him are the result of gradual changes that took place over a number of centuries and ended by the 8th century. BC. One of these reforms was the unification (sinoikism) of the tribes that inhabited Attica into a single Athenian people. As a result of Sinoikism, a Council was created in Athens, which managed the affairs of all four tribes. The first blow was dealt to the old tribal organization.

Spartan state formed by the Dorians in the south of the Peloponnese, in the Evrota valley, very favorable for agriculture. Starting with a handful of settlements in the ninth century, the newcomers carried out gradually further subjugation of the communities of the area called Laconica, seizing land, livestock and people, the latter being forced to work on the conquered land and not leave it.

Greek policies were a city with rural areas adjacent to it. The largest was the Athenian policy, located on an area of 2500 square meters. km, while most other policies had an area of about 250 square meters. km.

Athens polis becomes a territorial form of political organization of society.

The territorial organization of society strongly demanded a uniform (independent of tribal differences) and, consequently, a centralized management of public affairs, a much more active regulation of developing social relations. There was a need for political (state) power, standing above society and capable of becoming, on the one hand, a means of agreement and reconciliation, on the other, a force of subjugation and enslavement. This began with the consolidation of not only social, but also political inequality between the free, their division (also attributed to Theseus) into:

Eupatrides- noble,
geomors- farmers and
demiurges- artisans.

The eupatrides, the tribal elite, switched exclusively to occupying public positions, which led to a further separation of public power from the population. Geomorians and demiurges, together with merchants and the poor, who made up the majority of the free, were gradually removed from the direct active management of public affairs.
The Eupatrides, relying on their wealth and the exclusive right to occupy public positions, gradually limit the power of the basileus, associated with the traditions of tribal democracy. Its functions are transferred to new officials elected from eupatrides - archons. The college of archons not only took over the military, priestly and judicial functions of the basileus, but eventually took over the entire leadership of the country.

Then, in the eighth century. BC, another new body of public administration arose - Areopagus. Replacing the council of elders, the Areopagus elected and controlled the archons, as well as the popular assembly, and exercised the supreme judicial power. The Areopagus included all former and current archons, i.e. again representatives of Eupatrides.

Attic society turns into a political society - a society under the power, separated from it and standing above it. The former syncretism (indivisibility) of society and power is coming to an end.

At the same time, another process characteristic of the emergence of the state continues to develop - the territorial division of the population. In the 7th century BC. the country was divided into districts - navcraria, whose inhabitants, regardless of tribal affiliation, were obliged to build and equip a warship at their own expense, as well as supply a crew for it.

Following a revolution in economic relations that lasted for centuries, a social revolution took place, and then a political revolution, culminating in the emergence of the state. The emergence of the state in Athens was accompanied by a fierce struggle between the tribal aristocracy and the demos, which ended in the victory of the demos. As a result of this victory in Athens, a slave-owning state arose in the form of a democratic republic.

In the first half of the 5th c. BC. Athens is turning into one of the leading states of the Greek world. This was facilitated by the victory of the Greek states in the Greco-Persian wars, the intensive economic development of Athens and the strengthening of the democratic system in them. The union of Greek states formed during the Greco-Persian wars was initially headed by Sparta. By the 70s, when hostilities were transferred to the sea, the leadership of the union passed to Athens.
The dissatisfaction of the allies was suppressed by force, Athenian settlements (cleruchia) began to be created on their territory, which practically turned into military garrisons, Athenian officials were sent to many allied states, and some cases of the allied states were transferred to the Athenian courts.

The hegemony of Athens in alliance turned it into a powerful Athenian arche - a power that mercilessly exploited its allies, enriched itself at their expense and kept them in the alliance by force.
The change in the foreign policy position of Athens, their enrichment led to changes in socio-political relations.

Recedes into the past patriarchal slavery. It is being replaced by classical, ancient slavery. Slaves, who are beginning to be regarded as mere tools of labor, are gradually turning into the main productive force. State slaves are mainly exploited in mines and quarries, private slaves are exploited in the fields and in handicraft workshops or are rented out. The number of slaves increased significantly and was about four times the number of free Athenians. The contradiction between disenfranchised slaves and slave owners turned into the main antagonistic contradiction of Athenian society. Contradictions between Athenian citizens and meteks (foreigners who settled in Athens) also aggravated, the number of which grew and reached half the number of Athenians. Meteki, who were engaged in trade and craft, were significantly limited in property rights, completely deprived of the right to participate in political life.

Athenian democracy entered its heyday. An important role was played in the middle of the 5th century. BC. reforms of Ephialtes and Pericles.

In its essence, the Athenian state was a political organization of free citizens, ensuring the protection of their interests and the obedience of a huge mass of slaves. According to the form of government, it was a democratic republic in which Athenian citizens enjoyed equal rights and could take an active part in political life. It finally took shape in the 5th century. BC. and lasted (with some interruptions) until the thirties of the IV century. BC.

The formal equality of Athenian citizens was combined with their property inequality, which increased sharply by the end of the 5th century. BC. Along with the prosperity of a small group of large (by the scale of Athens) landowners and trade and handicraft rich, the situation of the bulk of citizens - small farmers, artisans and lumpen - worsened significantly. Contradictions also grew between the Athenians and the meteks, who were limited in their rights. All this led the Athenian democracy to an acute crisis.

The crisis situation sharply worsened as a result of the crisis that began in 431 BC. The Peloponnesian War between Athens and the states of the Athenian Maritime Union that were actually subject to them, on the one hand, and Sparta, which was at the head of the Peloponnesian Union. The defeat in the war, which led to large material and human losses, the collapse of the maritime union and, consequently, to the loss of the opportunity to use the resources of the states that were part of it, resulted in the oligarchic coup of large slave owners, who were burdened by democratic orders and especially the financial obligations imposed on them in relation to the poor and the state. True, democracy was soon restored, but after the capitulation of Athens in the war in 404 BC. followed by a new oligarchic coup. His success was also short-lived. The democratic system was restored, but not a trace remained of the former greatness of Athens. The country was ruined, the state treasury was empty, trade fell into decline, maritime hegemony was a thing of the past. The peasants went bankrupt, sold their land and joined the ranks of the urban poor, who no longer received sufficient assistance from the state treasury. Dissatisfaction also seized the wealthy slave owners, who were now forced to support the free poor only from their own means - the only ally in the face of the oppressed slaves.

Torn apart by internal contradictions, weakened by general discontent, the Athenian democracy was powerless to resist the rise of the 4th century. BC. Macedonia. In the II century. BC. after the invasion of the Roman legions, Athens, like all of Greece, became one of the provinces of the Roman Empire.

(for details see:

History of the state and law of foreign countries. Part 1. Textbook for universities. Ed. prof. Krasheninnikova N.A and prof. Zhidkova O. A. - M. - Publishing house NORMA, 1996. - 480 p.)

Introduction

Subsequently, especially during the period of "great colonization" (VIII-VII centuries BC), with the foundation of a number of Greek settlements (cities) on the Asian coast, the interaction of the two civilizations became even closer and deeper. The Greek cities in Asia Minor - Miletus, Ephesus, etc. became open gates through which trade, cultural and other ties between the then East and West were carried out.

The ever-increasing political contacts of the Greeks, and later the Romans, with the eastern countries allowed them to use and rethink foreign, overseas state-legal experience, to look for their own more rationalistic approaches to lawmaking and politics.

The conquest led to the mixing and crossing of different cultures, languages and peoples, which gave rise to a high Cretan-Mycenaean civilization, represented by a number of rising and falling states (Knossos, Mycenaean kingdom, etc.).

By VI-V centuries. BC. two of the largest and militarily strong city-states, Athens and Sparta, come to the fore among several hundred ancient Greek policies. Under the sign of the antagonism of these two policies, the entire subsequent history of the statehood of Ancient Greece unfolded.

In Athens, where private property, slavery, market relations were most fully developed, where a civil community was formed, linking its members with all the differences in their property and political interests into a single integral whole, ancient democracy reaches its peak and, as subsequent history testifies, becomes great creative power.

Features of the formation of states in the ancient world

The Greco-Roman world did not develop out of nowhere, not in isolation, not like a "closed society". The early centers of civilization and the first proto-states arose in the Mediterranean basin as early as the 3rd-2nd millennium BC, and not without a noticeable influence of the Eastern world. Subsequently, especially during the period of "great colonization" (VIII-VII centuries BC), with the foundation of a number of Greek settlements (cities) on the Asian coast, the interaction of the two civilizations became even closer and deeper. The Greek cities in Asia Minor - Miletus, Ephesus, etc. became open gates through which trade, cultural and other ties between the then East and West were carried out. The ever-increasing political contacts of the Greeks, and later the Romans, with the eastern countries allowed them to use and rethink foreign, overseas state-legal experience, to look for their own more rationalistic approaches to lawmaking and politics.

The creation of the first proto-states, and then larger state formations in the south of the Balkan Peninsula and on the islands of the Aegean Sea in the III-II millennium BC. was the result of the conquest by the Achaean Greeks of the autochthonous population of this region (Pelasgians, Minoans). The conquest led to the mixing and crossing of different cultures, languages, etc. peoples, which gave rise to a high Crete-Mycenaean civilization, represented by a number of rising and falling states (Knossos, Mycenaean kingdom, etc.).

The monarchical nature of these states, the presence of a large state-temple economy and a land community testified to their similarity with typical eastern monarchies. The Crete-Mycenaean traditions had an impact on the subsequent statehood of the Achaean Greeks for a long time, which was characterized by the presence of a communal way of life associated with the royal palace, which served as the supreme economic organizer.

One of the most important features in the formation of the state in Ancient Greece was that this process itself, due to constant migration and the movement of tribes, proceeded in waves, intermittently. So, the invasion in the XII century. BC. to Greece from the north of the Dorian tribes again threw back the whole natural course of the formation of statehood back. The "dark ages" that followed the Dorian invasion (XII century BC - the first half of the 8th century BC), and then the archaic period again returned the Hellenes to tribal statehood and proto-states.

The peculiar combination of internal and external factors in the process of the genesis of the state in Greece makes the thesis, widespread in Russian literature, that the emergence of the state in Athens occurs in a “pure form”, i.e., insufficiently convincing. directly from the decomposition of the tribal system and class formation. The significant influence of the external factor, in particular the Etruscan one, which has not yet been fully studied, also affected the pagenesis of the Roman state.

Features of the process of formation of statehood in the ancient world (unlike the countries of the East) were largely predetermined by natural and geographical factors. Greece, for example, was a mountainous country where there was little fertile and suitable land for crops, especially such that would require, as in the East, collective irrigation work. In the ancient world, the land community of the eastern type could not spread and survive, but in Greece favorable conditions developed for the development of crafts, in particular metalworking. Already in the III millennium BC. the Greeks widely used bronze, and in the 1st millennium BC. tools made of iron, which helped to increase the efficiency of labor and its individualization. The broad development of exchange and then trade relations, especially maritime trade, contributed to the rapid development of a market economy and the growth of private property. The increased social differentiation became the basis of a sharp political struggle, as a result of which the transition from primitive states to highly developed statehood took place more rapidly and with more significant social consequences than it took place in other countries of the ancient world.

The most ancient states arose about 5 thousand years ago in the valleys major rivers: Nile, Tigris and Euphrates, Indus, Ganges, Yangtze, etc., i.e. in the zones of irrigated agriculture, which made it possible to increase labor productivity sharply - dozens of times - by increasing productivity. It was there that the conditions for the emergence of statehood were first created: there was a material opportunity to maintain a management apparatus that did not produce anything, but was necessary for the successful development of society. Irrigated agriculture required a huge amount of work: the construction of canals, dams, water lifts and other irrigation facilities, maintaining them in working order, expanding the irrigation network, etc. All this determined, first of all, the need to unite communities under a single command and centralized management, since the volume of public works significantly exceeded the capabilities of individual tribal formations. At the same time, all this led to the preservation of agricultural communities and, accordingly, the social form of ownership of the main means of production - land.

At this time, along with the development of the economy, social changes also take place. Since, as before, everything produced is socialized and then redistributed, and this redistribution is carried out by the leaders and elders (to whom the clergy later join), it is in their hands that the public property settles and accumulates. Tribal nobility and such a social phenomenon as “power-property” arise, the essence of which is the right to dispose of public property by virtue of being in a certain position (leaving a position, a person loses this “property”) 1 . Along with this, in connection with the specialization of management and the increase in its role, the share of the tribal nobility in the distribution of the social product is gradually increasing. Management becomes profitable. And since, along with the dependence of everyone on the leaders and elders “by position”, economic dependence also appears, the continuing existence of the “electivity” of these persons becomes more and more formal. This leads to further assignment of positions to certain persons, and then to the appearance of inheritance of positions.

Thus, the eastern (or Asian) way of statehood formation was distinguished, first of all, by the fact that political domination arose on the basis of the exercise of some public function, public position. Within the framework of the community, the main purpose of power was the management of special reserve funds, in which most of the social surplus product was concentrated. This led to the allocation within the community of a special group of officials who perform the functions of community administrators, treasurers, controllers, etc. Often, administrative functions were combined with cult ones, which gave them special authority. Deriving from their position a number of benefits and advantages, community administrators were interested in securing this status for themselves, and sought to make their positions hereditary. To the extent that they succeeded, the communal "officialdom" gradually turned into a privileged closed social stratum - the most important element of the emerging apparatus of state power. Consequently, one of the main prerequisites for both state formation and the formation of classes "according to the Eastern type" was the use by the ruling strata and groups of the existing apparatus of administration, control over economic, political and military functions.

Administrative-state structures, the emergence of which was strictly determined by economic necessity, take shape before private property (mainly land) arises. For centuries, the despotic state was not only an instrument of class domination, but itself served as a source of class formation, the emergence of various privileged groups and strata. In the East, it was not the means of production themselves that were usurped, but their management.

The economy was based on state and public forms of ownership. There was also private property there - the top of the state apparatus had palaces, jewelry, slaves, but it (private property) did not have a significant impact on the economy: the decisive contribution to social production was made by the labor of “free community members. Above all, the “private” nature of this property was very conditional, since an official usually lost his position along with his property, and often along with his head.

It did not have a serious impact on the economy and private property of other groups: merchants and urban artisans. First, she, like her owners, was in the absolute power of the monarch. Secondly, it also did not play a decisive and even important role: the property of merchants was connected with the sphere not of production, but of distribution, while artisans living in cities made a noticeably smaller contribution to social production than communities, especially since the composition of the latter included many artisans.

Gradually, as the scale of cooperation of collective labor activity grows, the “rudiments of state power” that originated in tribal collectives turn into organs of control and domination over the sums of communities, which, depending on the breadth of economic goals, are formed into micro- or macro-states, united by the power of centralized power. In these regions, as already mentioned, it acquires a despotic character. Its authority was quite high for a number of reasons: achievements in economic activity were explained solely by its ability to organize, the desire and ability to act for general social, supra-group goals; coercion was also colored ideologically, and above all in religious forms - the sacralization of power: "power from God", the ruler is the bearer and spokesman of "God's grace", an intermediary between God and people.

As a result, a structure similar to a pyramid arises: at the top (instead of a leader) - an unlimited monarch, a despot; below (instead of the council of elders and leaders) - his closest advisers, viziers; further - officials of a lower rank, etc., and at the base of the pyramid - agricultural communities, which gradually lost their tribal character. The main means of production - land - is formally owned by the communities, and the community members are considered free, however, in reality, everything has become state property, including the personality and lives of all subjects who find themselves in the undivided power of the state, personified in the bureaucratic and bureaucratic apparatus headed by the absolute monarch.

Eastern states in some of their features differed significantly from each other. In some, as in China, slavery had a domestic, family character. In others, as in Egypt, there were many slaves who, along with community members, made a significant contribution to the economy. However, unlike European, ancient slavery, based on private property, in Egypt, the vast majority of slaves were the property of the state (pharaoh) or temples.

At the same time, all the eastern states had much in common in the main. All of them were absolute monarchies, despotisms, possessed a powerful bureaucracy; their economy was based on the state form of ownership of the main means of production (“power-property”), and private property was of secondary importance.

The eastern path of the emergence of the state was a smooth transition, the development of a primitive, tribal society into a state. The main reasons for the emergence of the state here were 1: the need for large-scale irrigation work in connection with the development of irrigated agriculture; the need to unite for these purposes significant masses of people and large territories; the need for a unified, centralized leadership of these masses.

The state apparatus arose from the apparatus for managing tribal associations. Standing out from society, the state apparatus became in many respects opposite to it in its interests, gradually became isolated from the rest of society, turned into a ruling class that exploited the labor of community members.

It should also be pointed out that the Eastern society was stagnant, stagnant: for centuries, and sometimes millennia, it practically did not develop. Thus, the state in China arose several centuries earlier than in Europe (in Greece and Rome). Although significant social upheavals took place in China (foreign conquests, peasant uprisings, including victorious ones, etc.), they only led to a change in the reigning dynasties, and society itself until the beginning of the 20th century. remained largely unchanged.

African states were formed mainly according to the same “scenario”, however, researchers point to some features of the early state of Africa that distinguish it from the state of “eastern despotism”: the supreme power was not hereditary, but elective hereditary, the control system was based on the gerontocratic principle for the lower levels, on the aristocratic (meritocratic) - for higher ones. In addition, the rulers of the early states of Africa were bound by a system of restrictions: in movement, in contacts with the population, which followed from the idea of their sacredness in making the most important decisions, since there was a well-known counterbalance to their power in the person of a council of representatives of the tribal nobility.

In general, in this region of the globe, the process of monopolization of the function of public administration by the community elite, i.e. the emergence of the state, in the absence of private ownership of the main means of production and the division of society into classes, was typical, determining in the formation of statehood, the natural course of which was disrupted as a result of the colonization of the mainland.

A new and higher stage in the development of human civilization is connected with the development of the ancient (Greco-Roman) society, which was formed in the south of Europe in the Mediterranean basin. Ancient civilization reaches its apogee and greatest dynamism in the 1st millennium BC. - at the beginning of the 1st millennium AD It was to this time that the impressive successes of the Greeks and Romans in all spheres of human activity, including political and legal, belong. It is antiquity that humanity owes many masterpieces of literature and art, achievements of science and philosophy, unique examples of democratic statehood.

The Greco-Roman world did not develop out of nowhere, not in isolation, not like a “closed society”. The early centers of civilization and the first proto-states arose in the Mediterranean basin as early as the 3rd-2nd millennium BC, and not without a noticeable influence of the Eastern world. Subsequently, especially during the period of "great colonization" (VIII-VII centuries BC), with the foundation of a number of Greek settlements (cities) on the Asian coast, the interaction of the two civilizations became even closer and deeper. The Greek cities in Asia Minor - Miletus, Ephesus, etc. became open gates through which trade, cultural and other ties between the then East and West were carried out. The ever-increasing political contacts of the Greeks, and later the Romans, with the eastern countries allowed them to use and rethink foreign, overseas state-legal experience, to look for their own more rationalistic approaches to lawmaking and politics.

Creation of the first proto-states, and then a larger state formations in the south of the Balkan Peninsula and on the islands of the Aegean Sea in the III-II millennium BC. was the result of the conquest by the Achaean Greeks of the autochthonous population of this region (Pelasgians, Minoans). The conquest led to the mixing and crossing of different cultures, languages and peoples, which gave rise to a high Cretan-Mycenaean civilization, represented by a number of rising and falling states (Knossos, Mycenaean kingdom, etc.).

One of the most important features in the formation of the state in Ancient Greece was that this process itself, due to constant migration and the movement of tribes, proceeded in waves, intermittently. So, the invasion in the XII century. BC. to Greece from the north of the Dorian tribes again threw back the whole natural course of the formation of statehood back. The “Dark Ages” that followed the Dorian invasion (XII century BC - the first half of the 8th century BC), and then the archaic period, again returned the Hellenes to tribal statehood and proto-states.

A peculiar combination of internal and external factors in the process of the genesis of the state in Greece makes the thesis, widespread in Russian literature, that the emergence of the state in Athens occurs in a “pure form”, i.e., insufficiently convincing. directly from the decomposition of the tribal system and class formation. The significant influence of an external factor, in particular the Etruscan one, which has not yet been fully studied, also affected the genesis of the Roman state.

Natural conditions influenced the organization of state power in Greece in other respects as well. The mountain ranges and bays that cut through the sea coast, where a significant part of the Greeks lived, turned out to be a significant obstacle to the political unification of the country and, all the more, made centralized government impossible and unnecessary. Thus, the natural barriers themselves predetermined the emergence of numerous, relatively small in size and rather isolated from each other city-states - policies. The polis system was one of the most significant, almost unique features of statehood, characteristic not only of Greece, but of the entire ancient world.

The geographic and political isolation of the policy (in the mainland and on the islands), with a far-reaching division of labor, made it dependent on the export of handicrafts, on the import of grain and slaves, i.e. from the pan-Greek and international maritime trade. The sea played a huge role in the life of the ancient (primarily Greek) policy. It ensured his connection with the outside world, with other policies, with colonies, with eastern countries, etc. The sea and maritime trade linked all the city-states into a single polis system, created an open pan-Greek and Mediterranean political culture and civilization.

From the point of view of its internal organization, the ancient policy was a closed state, which was left behind not only by slaves, but also by foreigners, even people from other Greek policies. For the citizens themselves, the polis was a kind of political microcosm with its sacred this city forms of political structure, traditions, customs, law, etc. Among the ancient Greeks, the polis replaced the land-communal collectives that had disintegrated under the influence of private property with a civil and political community. Great differences in economic life, in the sharpness of the political struggle, in the very historical heritage were the reason for the great diversity of the internal structure of the city-states. But the unconditional predominance in the polis world had various republican forms - aristocracy, democracy, oligarchy, plutocracy, etc.

The very development of Greek society from the patriarchal structures and proto-states of the Homeric era to classical slavery and the flourishing of ancient democracy reveals some patterns in the development of political life and in the change in the very forms of organization of city-states. At the end of the 11th millennium BC, as evidenced by the Homeric epic, in the Greek world there was a relatively general tendency to strengthen the power of the king as a military leader, judge, supreme head of the palace economy, etc. In the methods of his reign, the despotic features inherent in the monarchs of antiquity, especially those of the East, more and more appeared. A similar picture can be seen several centuries later in Rome during the era of the kings.

The collapse of patriarchal-communal ties, on which the sole power of the king (Basileus, Rex) relied, the growth of opposition from aristocratic families with great wealth and social influence, resulted in the destruction of royal power in almost the entire ancient world, accompanied in a number of cases (as was in Rome with Tarquinius the Proud) the murder of the king himself.

The liquidation of the monarchy led to the victory in the ancient world of the republican system, as well as to the final approval (before the era of crisis and the decomposition of the slave-owning society) of the polis system of state organization. But in the early republican period, the democratic potential inherent in the polis system, which provides for elements of direct democracy (people's assemblies, etc.), did not receive full development. The common people in the policies, who had no political experience and drew their ideas of power from the patriarchal-religious past, ceded the reins of government in almost all ancient policies to the tribal, priestly and new propertied aristocracy. This was precisely the state power in Athens on the eve of Solon's reforms, in the early period of the patrician republic in Rome, etc. The further process of democratization of political life in the ancient city-states was accompanied by an intensification of the struggle between the aristocracy, which held power in its hands and sought to conserve the old polis system, and the people (demos), who were increasingly aware of their civil unity. The result of this struggle (eupatrides and demos in Athens, patricians and plebeians in Rome, etc.) was a series of legislative reforms that undermined the monopoly of the aristocracy in state bodies and created the basis for the development of democratic institutions.

In many Greek city-states, the final establishment of the democratic system was preceded by the usurpation of power by individual tyrant rulers, usually coming from an aristocratic environment, but using their power to undermine the old aristocratic and patriarchal orders, to protect the interests of the general population of the policy. Such regimes of personal power, called tyranny, were established in Miletus, Ephesus, Corinth, Athens, Megara and contributed to the strengthening of private property and the elimination of the privileges of the aristocracy, the establishment of democracy as a form of state that best reflects the common interests of the civil and political community.

By the VI-V centuries. BC. two of the largest and militarily strong city-states, Athens and Sparta, come to the fore among several hundred ancient Greek policies. Under the sign of the antagonism of these two policies, the entire subsequent history of the statehood of Ancient Greece unfolded. In Athens, where private property, slavery, market relations were most fully developed, where a civil community was formed, linking its members with all the differences in their property and political interests into a single integral whole, ancient democracy reaches its peak and, as subsequent history testifies, becomes great creative power.

In contrast to Athens, Sparta went down in history as an example of an aristocratic military camp state, which, in order to suppress the huge mass of the forced population (helots), artificially restrained the development of private property and unsuccessfully tried to maintain equality among the Spartans themselves. Thus, the rivalry between Athens and Sparta resulted in a kind of competition between two different civil and political communities in Greece. It is instructive in the history of ancient Greek statehood that the confrontation between the two “polis superpowers” dragged the entire Greek world into a bloody and protracted Peloponnesian war, which resulted in the weakening of the entire polis system and the fall of democratic institutions. Ultimately, both Athens and Sparta fell prey to the Macedonian monarchy.

The reason for the death of the ancient Greek statehood, in particular Athens, which became the ideal of a democratic state based on the autonomy of a private owner as a full member of the civil community, is not so much slavery as the internal weakness of the polis structure of the state itself. This device, associated with predetermined territorial and political parameters, had no room for political maneuver and for further progressive evolution.

By the 1st century BC. the polis system in Rome also exhausted itself, when it became especially obvious that the city-republic could not cope with the uprisings of the slaves and was unable to ensure internal civil unity. Under these conditions, the preservation of the republican system, designed to manage the state-city, becomes an anachronism. To replace the republic, which had turned to the 1st century. BC. to a world power, an empire comes. The influence of the polis system during the long history of the Roman Republic became so great that during the first centuries (principate) emperors, striving to create a centralized bureaucratic monarchy, could not free themselves from republican polis institutions for a long time.

The strengthening of the power of the late Roman emperors and the adoption of Christianity draw the final line under the polis orders. As for the later Roman Empire, it finally breaks with republican-polis democracy and more and more acquires, especially in its eastern part, the features of medieval statehood.

2. CHARACTERISTICS OF THE RIGHT OF OWNERSHIP AND RIGHTS OF PROPERTY ON THE BASIS OF LAWS IN XII TABLES

The laws of the XII tables are the oldest monument of Roman civil law. Having created real protection against the arbitrariness of patrician judges, they were the personification of an important stage in the struggle between patricians and plebeians in Ancient Rome. Unfortunately, their original has not been preserved, and the material for the reconstruction of this ancient code, undertaken in the 19th century, was the fragments given in the writings of ancient Roman and Greek authors literally or in paraphrase.

The laws of the XII tables were developed by a commission of 12 (decemvirs) in the middle of the 5th century BC. e. (451 - 450). They got their name from the fact that they were inscribed on 12 wooden boards-tables, exhibited for public viewing on the main square of Rome, its political center - the Forum.

A distinctive feature of these laws was strict formalism: the slightest omission in the form of adjudication entailed the loss of the case. This omission was taken for the "finger of God."

The laws of the tables regulated the sphere of family and inheritance relations, contained norms related to loan transactions, criminal offenses, but did not at all concern state law. Starting from the IV-III centuries. BC e. the laws of the Tables began to be corrected by a new source of law - praetor edicts, reflecting new economic relations generated by the transition from ancient archaic forms of sale and purchase, loans and loans to more complex legal relations caused by the growth of commodity production, commodity exchange, banking operations, etc.

An important feature of Roman property law was the division of things into two types - res mancipi and res nec mancipi. The first type included land (at first near Rome, and then all the land in Italy in general), draft animals, slaves, buildings and structures, i.e. objects of traditional communal property. The second type included all other things, the possession of which could be individualized.

For the alienation of things of the first category - sale, exchange, donation, etc. - it was necessary to comply with formalities called mancipations. This word comes from "manus" - a hand and contains a figurative representation of the transfer of ownership when laying a hand on an acquired thing. Having laid a hand, one should also say: “I affirm that this thing belongs to me by the right of the quirites ...” (that is, the descendants of the deified Romulus-Quirin). Mancipation informed the acquirer of an indisputable right of ownership of the thing. The payment of money without mancipation was still not enough, as we see, for the emergence of property rights.

It should also be said that the transfer of the mancipated thing took place in a solemn form, in the presence of 5 witnesses and the holder with scales and copper. The latter indicates that the rite of mancipation arose before the appearance of the minted asse coin, but copper in a weight determined by the sides already figured as a general equivalent. The formalities served to remember the transaction, if someday, in the future tense, a property dispute related to it arises.

All other things, even precious ones, passed with the help of a simple tradition, that is, without a formal transfer on the terms established by the contract of sale, exchange, donation, etc.

The old slave, like the old horse, demanded - when passing from hand to hand - mancipation. Precious vase - traditions. The first two things belonged to the category of tools this abstract is shamelessly downloaded from the worldwide global network and this idiot did not even bother to read it before handing it over to you and I hope you will deal with it to the fullest extent, and the means of production; by their origin, they gravitate towards the supreme collective property of the Roman community, while the vase, decoration, like any other everyday thing, were both initially and later objects of individual property. And that's the whole point!

Already in the most ancient period, an order was formed in accordance with which the right of ownership of a thing could arise as a result of long-term possession of a thing. (VI, 3: The limitation of possession in relation to a plot of land (established) was two years, in relation to all other things - one year.).

A special type of property right, fixed in the Laws of the XII tables, are easements, rules of law that restrict the rights of owners to their property, and also endow the subject with a number of rights to property that does not belong to him.

In the Laws of the XII tables, the owner was directly prescribed:

leave an undeveloped area around the building (VII.1.);

retreat from the boundaries of the site at a certain distance (VII.2.);

cut trees at a height of 15 feet so as not to harm the neighboring plot (VII. 9a);

In addition, the right to pass through foreign land was granted. “Let (the owners of roadside plots) block the road, if they do not pave it with stone, let him ride on a pack animal wherever he wants.” The owners of the plots had the right, under certain circumstances, to use the products brought by someone else's property: “VII.9b. By the Law of the XII Tables, it was permitted to collect acorns falling from a neighboring plot, as well as to file a claim against the owner of property causing damage to “VII.10. If a tree from a neighboring property has been blown over by the wind on your property, you may sue under the Law of the XII Tables for its removal.”

3. HISTORICAL BACKGROUND, ORIGIN, CONTENT AND FEATURES OF URBAN LAW IN MEDIEVAL EUROPE

The Middle Ages is an era when, within the framework of emerging nation-states, the foundations of future national legal systems are gradually formed.

During the period under study, the
city law. With the growth and development of cities, their own city courts appeared here, initially dealing with market disputes, but gradually covering the entire population of the city with their jurisdiction and replacing the use of fief and court law in cities.

City law was most often stated in writing, mainly in connection with its borrowing by any city. In some cities, the council decided to write down the right to inform their own citizens, and judicial practice was also recorded. Big cities, which had a high level of commodity-money relations, respectively, had a higher level of legal development of legal norms. Over time, they subordinated other less developed cities to their influence. Thus, the North German city of Lübeck had more than 100 legally affiliated cities. And the influence of the Magdeburg Law (Magdeburg) was extended to a significant part of Eastern Europe and London.

Magdeburg city law was in force on the vast territory of the eastern lands, which included East Saxony, Brandenburg, and certain regions of Poland.

The most famous were the norms of Magdeburg law sent to Breslau in 1261 (64 articles) and to Görlitz in 1304 (140 articles). In the XIV century. systematized Magdeburg-Breslau law was published in five books containing about five hundred articles. The first book was devoted to city judges, the procedure for their introduction to office, their competence, rights and duties. The second book covered the issues of legal proceedings, the third related to various claims, the fourth was devoted to family and inheritance law, the fifth (incomplete) - various decisions not considered in other books.

City law is basically written law, its provisions were fixed by city statutes, royal or other senior charters granted to the city 1 . Urban law, despite the consolidation of some purely feudal institutions in it, was not feudal law in its main content, it rather anticipated the future bourgeois law, developed its principles. Cities widely used various collections of international commercial law and maritime customs, compiled in the cities of Italy, Spain, etc., and thus made a significant contribution to the formation of common legal traditions in Western Europe.

City law, which was regarded as a kind of customary law, was also of great importance in France during the Middle Ages. It was distinguished by considerable diversity, but it also had common features. The main source of this right was city charters, which had a normative character and reflected the compromise of the urban population with the king or individual lords. The charters and the internal regulations of the cities based on them provided for the maintenance of peace and order, recognized the important rights and freedoms of citizens not protected by ordinary feudal law (the right to life and property of citizens, the inviolability of the home, etc.), regulated trade and craft activities.

The gradual development of domestic, and especially international trade, also revealed the obvious shortcomings of urban law, which was of a local particular character. Therefore, from the XII century. in relations between merchants, the norms of international maritime and commercial law, borrowed from collections of maritime customs and trading habits recorded in Italian and Spanish cities (Pisa, Barcelona, etc.), begin to be used. Over time, such collections began to be compiled in France. The most famous of them was the Register of trade and maritime habits, compiled in the 13th century. in Oleron and used in many port cities in France and England.

Medieval law endowed the city with the status of a "corporation" - a collection of citizens as a whole, with the rights of a legal entity. In the collections of city law in Germany, his authoritative royal origin is emphasized, for the king "gave the merchants the right that he himself constantly had at his court." In connection with this, the symbols of the city became the cross on the market square and the hanging royal glove, "so that it was clear that the royal world and the will of the king were in force in this place."

Initially based on the principles and institutions of zemstvo and fief law, especially in the field of marriage and family and inheritance relations, German city law in the process of strengthening the independence of German cities was increasingly saturated with its own principles and norms. Particular attention was paid to the regulation of fairs and auctions, the disposal of property and the collection of debts. In German cities, fair and bill charters were adopted quite early, contracts of sale, including on credit, pledge and loan agreements, commissions and commissions received detailed regulation. In the commercial law gradually emerging from urban law, the institutions of the bill and the commercial partnership were further developed.

In the disposal of property purchased at his own expense, the townsman was completely free, he could freely bequeath property worth more than three shillings on one condition - "stay in good health."

Medieval German law, including urban law, was particularly severe in relation to debtors. If the defendant could not repay the debt through the court and pay a fine to the judge, confiscation of property or arrest followed until there was someone willing to pay the debt for the defendant. In addition, the creditor could use his methods of influence, for example, keep the debtor in shackles on meager food; at the same time, it was stipulated that the debtor "should not be tortured." German city law also contained another original principle that distinguished it on the issue of debt obligations from fief and canon law: the son was exempted from paying the debt of the deceased father if he was "not informed of this debt, as required by law."

Urban criminal law, protecting the "urban world", established a fairly simple list of punishments, without qualified and painful varieties. For murder or fatal injury, rape, attack on the house, the perpetrator was punished by cutting off the head, for other injuries - by cutting off the hand. Ordinary theft without aggravating circumstances, as well as violation of the rules of trade, were punished with a shameful punishment (shaving and scourging). In addition, offenses in the field of trade were accompanied by the deprivation of the right to engage in trading activities without special permission from ratmans. For other crimes typical of urban life - the seizure of movable property, violation of possession, insulting the chief, violation of the guarantee - a fine was imposed. And only a particularly "dishonest" encroachment on someone else's property - night theft, theft from a sleeping person, when the thief was caught red-handed, could be punished by hanging and destroying the criminal's house.

The development of questions of the organization of legal proceedings, evidence and rules of procedure was distinguished by particular thoroughness in German city law.

The city court was headed by the burggrave, appointed by the lord of the city, and his deputy (schultgeis), who judged by order, king or prince. The burgrave personally had to consider cases three times a year, and in his absence this was done by Schultgeis. In addition, the jurisdiction of the burggrave included all cases of violence, harassment, assault on the house if the perpetrator was caught at the scene of the crime, as well as all cases that arose "14 nights" before the official court cases of the burgrave. In addition to the appointed judicial officials, two categories of judges were elected - city sheffens (for life) and ratmans - advisers (for one year). Ratmans were mainly convened "on the advice of the wisest" to deal with cases of violation of the rules of urban trade. The bulk of the cases, therefore, were considered by the college of city sheffens, which had general jurisdiction over citizens and foreigners. At the same time, the exclusive jurisdiction of citizens to the city court was emphasized - they could not apply to a court outside the city.

For the disruption of the court session, the failure to appear in court, judges of any level, from ratmans to shultseys, were subject to a fine, as well as the parties involved in the case. Only three legitimate reasons were established for not appearing in the city court: illness, captivity and service to the state outside the country.

City procedural law placed particular emphasis on the guarantees of the rights of the accused: the short duration of the proceedings, the objectivity of evidence, and the prevention of lynching. The defendant or the accused had the right to a speedy trial: burggrave or schultgeis, if the collegium of sheffens or ratmans did not sit, scheffens, if there was no burggrave or Schultgeis, or any judge elected by the townspeople in place, if other judges were absent. The case between a city dweller and a foreigner was to be considered without delay, with a decision being made on the same day.

The guilt of the one caught in the act or the innocence of the one who declared himself as such had to be proved, however, by a unanimous confirmation of the fact “seventh himself” (ie, with the help of six witnesses).

In addition to witnesses, in many cases other evidence of the crime was also required. If such evidence existed, it could not be refuted by an oath. If there were none, city law considered it necessary to acquit the accused even in the presence of witnesses. In addition, lynching was prohibited even when a criminal was caught on the spot, and more lenient rules of proof were introduced for women. If the woman was not captured at the scene of the crime, she could be exonerated by an oath of innocence.

BIBLIOGRAPHY
Insurance terms related to the process of formation of the insurance fund

Introduction

Features of the formation of states in the ancient world

2. CHARACTERISTICS OF THE RIGHT OF OWNERSHIP AND RIGHTS OF PROPERTY ON THE BASIS OF LAWS IN XII TABLES

3. HISTORICAL BACKGROUND, ORIGIN, CONTENT AND FEATURES OF URBAN LAW IN MEDIEVAL EUROPE

BIBLIOGRAPHY

ecosystems

Zoology

Biology

Long 19th century

recent history

Middle Ages

new time

Interwar period