Features of the formation and development of the ancient Greek state. State and law of ancient Athens. The state system of the Athenian Republic in the V-IV centuries. BC uh

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Introduction

Ancient Greece occupies a prominent place in world history. Here, in a relatively small area, the ancient world is laid, there is ancient civilization, with such striking phenomena as philosophy, fine Arts, republic.

One of the most important features in the formation of the state in Ancient Greece was that this process, due to the constant migration of tribes, proceeded in waves, intermittently. Features of the process of formation of statehood in ancient world were also largely determined by natural and geographical factors.

The most interesting and studied is the process of state formation in two famous Greek policies - ancient Athens and Sparta. The first was a model of slave-owning democracy, the second - the aristocracy.

1. Stages of development of statehood

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:

1. The Homeric period (11-9 centuries BC), characterized by the dominance of tribal relations, which begin to decompose by the end of this period.

2. The archaic period (8-6 centuries BC), within which the formation of a class society and a state in the form of policies takes place.

3. The classical period (5-4 centuries BC) is characterized by the flourishing of the ancient Greek slave-owning society, the polis system.

Hellenistic period (4-2 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.

2. Homeric Greece

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 clans only for use on the terms of periodic redistribution. but the best lands, large herds are with representatives of the noble and rich, and the basileus also owns a special allotment - temenos. At the same time, there were also such peasants who had no land at all.

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 main population of which was farmers, cattle breeders, a few artisans and merchants.

The permanent body of power was the council of elders - bule. It was the council of the most prominent representatives of the tribal nobility. Primitive democracy was still preserved, and popular assemblies played a significant role. The head of power was the basileus, who at the same time acted as the commander of the tribe, the supreme judge and the high priest. The position of basileus was elective, but over time it became hereditary in one family.

Thus, Homeric Greece was fragmented into small self-governing districts, from which the first city-states were subsequently formed - policies.

3. Slave state in Athens

The formation of the Athenian state is associated with the name of the Greek hero Theseus, who united four tribes. The city became the focus of people belonging to tribes, clans, phratries. Instead of a simple neighborhood of tribes, they merge into a single people. To manage common affairs, a council was created to manage part of the affairs that were previously under the jurisdiction of individual tribes.

The tribal nobility, having finally secured the privileges, forms the estate of Eupatrides, who were granted the exclusive right to fill all important positions. Most of the population were farmers - geomors, a group of artisans - demiurges stood out. A significant part of the population was made up of meteks - people from other communities who were free, but did not have political rights and were limited in economic terms.

Since the century BC. increasingly developed new social class. The relatively high level of productive forces, the favorable natural conditions of Attica, with its small land fund and convenient location for trade, contributed to the emergence of a handicraft and merchant population. Its combat unit was made up of sailors from the large Athenian fleet. All these people, as well as the peasants, called themselves demos - the people.

3.1 Solon's reforms

In 1594 BC. general discontent turned into a great turmoil. Finding themselves in a difficult situation, the warring parties agreed on the candidacy of the poet and politician Solon, who chose the policy of the "golden mean".

First and the biggest reform was sisachphia- Cancellation of debt bondage and all land debts. The foundation stones were removed from the fields. Citizens who became slaves for debts were set free, and those who were sold abroad were redeemed at the expense of the state.

To prevent the looting of peasant allotments in the future, Solon set the maximum size of land ownership in private hands. At the same time, a wide testamentary freedom was proclaimed. Now the land could be mortgaged and alienated legally under the guise of a will.

The most important political reform of Solon property qualification was established. All Athenian citizens, regardless of their origin, were divided by property into four categories. Thus, instead of the aristocratic principle, the property principle was approved. Merchants and usurers benefited from this, and the tribal nobility lost

The division of the population along property lines also had political significance, since each category was given a certain level of political rights.

First two ranks served in the cavalry. This service required large expenses, but it was less dangerous in war. Third rank- heavily armed hoplites - foot soldiers, became the true glory of the Athenian army. Fourth rank at first he was removed from service, but then made up the lightly armed infantry.

supreme authority was Athenian popular assembly, discussing all important state affairs and adopting laws. In opposition to it, two new bodies were created: council of four hundred and helium. council of four hundred was elected annually by the old tribes, one hundred people from each tribe from the first three categories.

Jury plays a significant role helium, which was both judicial and legislature. Members of this court could be representatives of all categories.

3.2 Tyranny of Peisistratus

Athens is experiencing an acute political crisis, culminating in the establishment of tyranny. One of the representatives of a rich and noble family, Pisistratus, relying on armed force, seized state power and became a tyrant. During the reign of Peisistratus and his sons, the political system created by Solon. Peisistratus took a number of measures aimed at alleviating the situation of the peasantry. They were provided with cheap loans, some taxes were reduced, traveling judges were introduced. The policy of this time was aimed at maintaining state order, social tranquility, it stimulated economic and cultural progress and, on the whole, had a positive effect on the development of Athenian society. But the influential slave owners, dissatisfied with such a regime, overthrew tyranny as a result of open action. The struggle for power ended with the victory of Cleisthenes, supported by the people.

3.3 Cleisthenes' reforms

Reform 509 B.C. finally eliminated the remnants of the tribal system. Instead of tribal division of citizens, their territorial division was introduced. The purpose of the reform was to mix the population, to separate the clans and thereby weaken the power of the Eupatrides. Attica was divided into three territorial districts: the city of Athens with its suburbs, the inner central strip and the coastal strip. Each district consisted of ten equal parts - trittia. Three trittia, one from each district, were combined into a phylum. Ten territorial phyla were created. In the new phyla, citizens were mixed in such a way that the predominance was concentrated in the hands of the townspeople.

The Council of Four Hundred was liquidated. Instead, they began to elect a council of five hundred - 50 people from each phylum. Cleisthenes created a new body - a college of strategists, which included one person from each phylum. Many metecs were granted civil rights.

Cleisthenes owns the invention of ostracism, which was used as a political measure. Everyone who had the right to vote wrote on a shard the name of a person who seemed to him dangerous to the people. If the name was repeated up to six thousand times, then exile was appointed for a period of ten years without deprivation of rights and confiscation of property. The decision on ostracism was taken only by the People's Assembly.

4. Athenian state in the 5th century BC.

In the 5th century BC. Greece was at war with the Achaemenid Empire. The victory became possible only thanks to the unification of the Greek policies. The Dalos military union was created, the affairs of which were managed by a council of representatives of all the cities - members of the union. Soon, the leadership in this union passed to Athens, so it was called the First Athenian Maritime Union.

In 494 BC. relations between Athens and their allies deteriorated. The general treasury was moved to Athens and became part of the Athenian treasury. Allied money was spent on their own needs, regardless of the opinion of the allies. Some members of the alliance opposed Athens, but these uprisings were crushed.

In 449 BC. The Peace of Callia was concluded, ending the Greco-Persian Wars. But the Union was not limited to military tasks. It was not only a military-political association, but also an economic one: within the framework of the union, trade was successfully developing. The defeat in the Peloponnesian War ended the existence of the First Athenian Naval Alliance.

With the aim of confronting Sparta in 378 BC. The Second Athenian Maritime Union was created. Its members maintained their independence and voluntarily made contributions to the general treasury.

Already during the period of wars, significant changes took place in the state system of Athens. Substitution of positions became available to all citizens, regardless of their property status. the election of archons was made by lot.

Democracy, led by Ephialtes, in 462 BC. passed a law depriving the Areopagus of all political functions. The right to veto the resolutions of the People's Assembly was transferred to the gelie, the right to control officials and oversee the implementation of laws passed to the Council of Five Hundred and the People's Assembly, but mainly to the gelie.

Legislative power belonged to the People's Assembly, executive power to the Council of Five Hundred and magistrates, and judicial power to the heliee.

Pericles carried out a civil reform, caused by an excessive increase in the civil community and the need to create an optimal number of civilian collectives capable of managing the state.

The development of private property has led to significant property differentiation. The bulk of the citizens were middle-class people, a small number of citizens had significant fortunes, many families were poor.

Settlers (meteks) did not have the right to citizenship. They could not acquire property, marriages of meteks with Athenian citizens were considered illegal. They were forbidden to participate in the People's Assembly and hold office. Each metec had to choose a prostate for himself - an intermediary between the metecs and government agencies. A special tax was levied on meteks, they also carried other duties, and were involved in military service.

A woman in Athens occupied a special position. She had neither political nor civil rights. The marriage contract was concluded by the father of the bride. After the marriage, the husband became the legal representative of the wife. The law required strict chastity from the wife, but did not forbid the husband to have mistresses. An unfaithful wife was simply allowed to be kicked out of the house, and the dowry was appropriated. statehood greece athenian law

The children were in the power of the father already by the fact that the will was in his will. For legal deprivation of inheritance, it was enough to disrespect the father.

5. Main features of Athenian law

Athens had the most developed legal system in Ancient Greece. The main source of Athenian law in the period of democracy was the law. The Draco Laws are a major victory for democracy, as traditionally the interpretation of customary law belonged to the aristocracy, and led to frequent abuses.

Dracont included a number of significant provisions in the laws: blood feud was abolished, new rules of justice were introduced. The right of private property took shape, severe punishment was introduced for encroachment on private property. The cruelty of punishment characteristic early law, which is also explained by a simplified understanding of the means of combating crime. At the beginning of the century BC. in Athens, a lot of legislative work was carried out by Solon. Rising from an early to a mature state, Athenian law has reached a relatively high level of development. But nevertheless, along with laws, customary law retained an important place. Athenian jurists did not work out general concept rights, it has not yet been systematized. Religious crimes retained a significant place in criminal law.

5 . 1 Family and inheritance law

Marriage was considered obligatory in Athens, but celibacy was not punished. The marriage contract was concluded by the head of the family. For men, divorce was free; for women in a subordinate position, it was difficult. Initially, extensive parental authority weakens over time. Inheritance was carried out by law and by will. According to the law, the sons were the heirs of the first stage. Daughters could receive an inheritance only in the absence of the sons of the deceased. Illegitimate children were not heirs. In the absence of heirs, lateral relatives inherited. Testamentary succession begins with Solon's reform. A will was considered valid if, at the time of its preparation, the testator was of sound mind and was not subjected to physical or mental influence. Minors, women, adopted son could not bequeath.

5 . 2 Criminal law

The following types of crimes were known: against the family, against the person, against property, state. Distinguish between intentional and reckless crimes. The concept of self-defence was known, a distinction was made between the instigator and the perpetrator of the crime.

Among state crimes, treason, an attempt on a democratic system of government and atheism were considered the most serious. The perpetrators of these crimes were punished by death. The punishments applied by the courts are very diverse: the death penalty, sale into slavery, a fine, confiscation. Of the most cruel punishments, quartering, tearing by trees, condemnation to starvation were used. Poisoning was considered the most humane. Disgraceful punishments, deprivation of the rights of citizenship were widely used.

5 . 3 Trial

The consideration of the case in the Athenian court was preceded by a preliminary investigation. The speeches of the parties were the main element of the judicial investigation. The parties gave their testimony under oath.

Only full-fledged Athenian citizens could start a legal case in court. The head of the family acted for the woman and the minor, his prostate acted for the meteca, his master acted for the slave.

The official who received the complaint conducted a preliminary investigation. At the same time, the accused and the defendant could submit written objections to the consideration of the case on the merits. The parties presented all the necessary evidence in the case. The jury could make any decision in the case. First, the question of the guilt of the person was decided, then they proceeded to determine the measure of punishment. The decision was made by secret ballot. In the event of a tie, the chairman's vote would prevail. Judicial decisions and sentences could be appealed to the gelee. The decisions of the heliai were final and not subject to appeal.

Conclusion

In Athens, for the first time in history, the outlines of some global factors in the formation of democratic state-legal institutions have been outlined. Due to the high political activity of ordinary citizens - the demos, the nobility could not preserve the state forms of aristocratic rule. This factor in its historical significance goes far beyond the boundaries of the ancient world.

The history of the fall of Athenian democracy in conditions when the slave system had not even reached the peak of its existence is also instructive. The labor of the free, who create material values, is losing its former prestige. The ability of many to live off slaves and the disenfranchised had a devastating effect on society.

Most Athenian citizens lost their former civic virtues. There is a decline in morality, the decay of morals. All this most detrimentally affected the general condition of the country, including its defense capability, especially since the basis of the army was a militia of citizens who had significantly lost their former faith in the ideals of democracy.

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The state system of the Athenian Republic in the V-IV centuries. BC e.

During the period of the highest prosperity of Athens, the following form of state existed:

form of government - republic (most state bodies and positions are elected, replaceable and urgent);
form of government - policy (i.e. unitary state);
the political regime is democratic (all citizens have at least formally equal rights to govern the state).

In the Republic of Athens, a system of separation of power into legislative, executive and judicial began to take shape, in which the branches of government have different competences and the ability to influence each other. Meanwhile, in Athens, the principle of separation of powers was not fully implemented, many bodies duplicated the functions of each other (especially the people's assembly - the ekklesia, which was a legislative, judicial and control body). Nevertheless, the system of government in the republic presented the following picture: the highest legislative power (and in general the supreme power in the state) was transferred to the ekklesia, in whose activities all citizens of Athens who had reached the age of 20 could take part.

Out of 30-35 thousand citizens, usually 1-2 thousand people were present (only to resolve the issue of ostracism, a quorum of 6 thousand people was required). The meeting was held about 4 times a month, its agenda was brought to the attention of citizens in advance (as a rule, the urban part of the population went to the people's meeting as the richest, educated, politically active and having free time). They usually voted by show of hands (hairatonia); sometimes a secret ballot was used with the help of colored pebbles, beans, or shards (during ostracism, the name of a potential opponent of democracy was written on shards). Anyone could formally introduce bills and speak in the people's assembly, but most often it was done by officials or so-called demagogues - a special category of semi-professional politicians.

The functions of the National Assembly were as follows:

legislative (the project was previously considered by the Council of 500, adopted by the people's assembly and approved by the helium);
election of the highest officials of the republic - strategists;
declaration of war and conclusion of peace;
the solution of food supply issues (which were acute in the trade and crafts of Athens, dependent on imported bread);
receiving and sending ambassadors;
granting citizenship and much more.

In general, it should be noted that the ekklesia was a body with absolutely indefinite competence and had powers of authority in all spheres of life.

Civil Law. Finnish law divided property as follows:

movable (slaves, utensils, ornaments) and immovable (land, buildings), the possession of which was the right of a privilege of citizens, inaccessible to foreigners - meteks;
visible and invisible. Attributing money and jewelry to invisible property is explained by the fact that fines and confiscation of property were the most common in Athens, and money and jewelry itself (unlike land) were easier to conceal, made “invisible”. The assignment of money to invisible property is also connected with the fact that money can be in commercial usurious circulation, function in the form of promissory notes (chirographs).

A feature of Athenian law was the early development of private ownership of land with ample opportunities to own, dispose of, and generate income (unlike legal systems Ancient East, where private ownership of the main means of production was poorly developed, was of a subordinate nature and dominated by state, temple, communal property).

In Athens, the early development of private ownership of land can be explained by the following factors: the obligation was considered illegal), Athenian law (like modern) puts the consent of the parties in the first place and prefers the written form of the contract, which in turn can be explained by the literacy of the majority of Athenian population.

Marriage and the family, the most important institutions of civil law in Athens, were regulated mainly by custom. Just as in the Ancient East, a woman in Athens was in a humble, subordinate position. Oikurema - "a thing for housework" - this is how the Athenians called their wives. The difficulty of divorce at the initiative of the wife, the lack of rights to their own children, restrictions on property, the possibility of actually killing a wife with impunity, whom her husband found with her lover - all this can be explained by the fact that the work of a woman was of very little importance for the economy of Athens (they produced material wealth mostly slaves). Hence the similar restrictions, strange at first glance for such a civilized, cultured people as the Athenians were.

There were two types of inheritance - by law and by will. Inheritance by will (not very common) arose in cases where there were no legitimate heirs - children. There is no doubt that a positive feature of Athenian inheritance law was the equalization of the rights of legitimate heirs - sons and daughters, although the latter received not an inheritance, but a dowry (inheritance due to marriage).

The Athenians sought to ensure that the hereditary mass did not go beyond the family and clan, therefore, they had very frequent marriages between fairly close relatives - an uncle and a niece, a cousin and a sister. Such incestuous marriages are explained not by some special perversion of the Athenians, but by a very limited circle of full-fledged citizens, as well as by the desire to preserve acquired property within the same family or clan.

Criminal law and process. In the penal sphere of Athens, we can observe a certain humanism, which is manifested in the following:

the main punishments for citizens were fines or confiscation of property (in contrast to the Ancient East, where the main punishments were the death penalty, corporal and self-mutilating punishments);
the death penalty for citizens could be imposed for a small number of acts (treason, godlessness, deception of the people);
a person sentenced to death not only could choose the way to die (sword, poison-hemlock, rope), but also independently carry out the sentence:
corporal and self-mutilating punishments, public executions of citizens were not practiced at all;
widely used atimia (disgrace) - deprivation of political rights (a type of punishment unknown to ancient Eastern law);

Such humanism, very unusual for those harsh times, apparently was due to the following reasons:

a relatively low level of criminality among citizens (most Athenians belonged to the middle class of society - not rich, but not poor);
the high level of well-being of citizens made it possible to replace corporal and self-harming punishments with fines;
there were few citizens, each was on the account as a warrior, taxpayer and owner;
citizens themselves established laws for themselves, including criminal ones.

On the early stages In Athenian history, criminal law was harsh; it is enough to recall the infamous Draconian laws of 621 BC. e. (“draconian measures”), punishing by death for the theft of vegetables in the market and idleness, allowing for the possibility of punishing not only people, but also animals, even inanimate objects (for example, the fallen statue that crushed a citizen was sentenced to death by the Athenians and drowned). However, during the heyday of Athenian democracy and law, cruelty remained only in relation to slaves and foreigners.

Types of crimes known to the criminal law of Athens:

against the state (treason, deception of the people);
against a person (murder, insult);
against property (theft, robbery);
against the family (abduction of a girl, betrayal of his wife).

The main types of punishments were - a fine, confiscation of property, dishonor, exile, death penalty, corporal punishment (for slaves and meteks), sale into slavery (for meteks).

In the IV century. BC e. Athens falls under the rule of Macedonia, and in the II century. BC e. become one of the provinces of the Roman Empire.

Historical conditions for the emergence and development of the state and law in ancient Athens and Sparta.

The social order of Athens and Sparta.

Government of Athens and Sparta.

Law of Athens and Sparta.

Question 1-2.

There was a process of transformation of the primitive communal system into a state. As part of this process, various structures were formed in the Mediterranean basin. Here the community has some differences from the Eastern community:

The process of social division of labor connected with the separation of handicrafts from agriculture is being completed. The craft acquires an independent character and leads to the deepening of exchange relations and the development of trade.

Trade becomes an independent activity, a new source of wealth.

Private ownership of the main means of production - land and tools of labor - is being developed and affirmed. As a result, a gradual transition from the primitive communal system to the state began.

In Asia, the state, as it were, grows out of the previous formation, begins to perform the functions of the previous one - this is the evolutionary path of the development of the state. In the ancient community, the above features accelerated the transition, the state has new functions - this is a revolutionary path (+ the activities of legendary personalities).

The geographical factor and natural wealth also strongly influenced, but in Greece there were no large areas waiting for cultivation, therefore, poorly developed agriculture, which predetermined the accelerated formation of the state.

Socio-economic factors: various activities (trade, craft) quickly contributed to the differentiation of society, and consequently the formation of classes - this happened almost instantly in the ancient world.

The state begins to form in the 8th century BC. and up to the 3rd century BC (Sparta a little later). In the countries ancient East this process took several millennia.

In addition, the formation of the state was significantly influenced by the movement in the south, in Europe, of large masses of the population in the 12-8th century BC.

Myths about the formation of the state are associated with the name of the legendary hero Theseus. Four tribes living on the territory of Attica were united into a single people - this process was called Sinoikism. This led to the creation of a council of 4 tribes, the emergence of Basileus - a tribal, military leader, a council of elders - Bule, and a national assembly - Agora. The Council of Elders is the body that carried out the work of organizing when the people's assembly did not meet. The People's Assembly is a periodically meeting body. The process of transformation of tribal bodies into the state has begun, differentiation and contradictions appear between members of the once unified society. Theseus divided the society into three groups: eupatrides, geomors, demiurges. The first received an advantage in enrolling in high positions, the rest could participate in the people's assembly.

Accelerated differentiation led to the replacement of the function of managing public works by the function of personal enrichment. Under these conditions, such a type of enrichment arises as periodic raids on neighbors. Contradictions in society are gradually becoming more and more aggravated. Therefore, there is a need for a body that would resolve these contradictions, the position of archons arose, they were elected from among the Eupatrides (first for life, then for 10, 5, 1 year, initially consisting of 5, then 9 people). They came to replace the basileus. The emergence of new officials led to the creation of a new body instead of the council of elders - the Areopagus, which elected the archons and controlled their activities. Gradually, the Areopagus included former archons. Thus, an organ of the tribal nobility and, accordingly, the aristocracy arises, they become the most prosperous part of the population. Here we again encounter mythological figures who contribute to the formation of the state. Solon - being elected archon in 594 BC canceled all debts. With the abolition of the debt head, he banned the sale of Athenian inhabitants into slavery and redeemed those already sold. Solon also divided all the Athenians according to property. Those who have an income of more than 500 medimns are called medimns, up to 300 medimns are horsemen. Citizens from 200 tons are zevgits, all the rest are feta, these are impoverished citizens and community members. Solon liquidated the council of elders and created a council of 400 tons. Both the poor and the rich had representation in the new body, and it also served as a jury - helium. All high-ranking places belonged to the first two groups of the Athenian population, who defended their interests. Feta could participate in the national assembly, and then in the helium. This led to a change in the nature of the relationship between various social groups in the formation of statehood.

The following legendary figures are Christfen, Pericles, Gharial. Crisfen destroyed the 400-t council, and replaced it with the 500-t council. He divided the territory of Athens into territorial units - Philae, each of them sent 50 tons of its representatives to the council of 500 tons. Each phylum consisted of three parts (coastal, urban, agricultural). There were also Dems - also a territorial unit, this undermined all primitive communal structures. Gharial changed the role of the Areopagus, bringing him to the judicial body. Each body expressed the interests of a particular group, at a particular stage of its development.

In Sparta, the social system was formed thanks to conquest. Archadet is the leader, the council of elders is Gerousia, the assembly of the people is Apella. The indigenous population is the helots, it was enslaved by the Spartan conquerors, another group that had some freedoms is the pelietes. The dominant social stratum is the Spartans. The contradictions between them gave rise to a special character of statehood. Characteristic for the Spartan community was that it was not agricultural, the Spartans had land, but did not cultivate it, they used the labor of the helots. The land was transferred with the helots. The economic basis was communal property, it was possible to use someone else's property, this ensured equality. An attempt to maintain a dominant position by the Spartans was associated with the name of Lycurgus, an agreement was concluded that predetermined equality between the Spartans and inequality between the rest.

According to the form of government in Athens, a slave-owning, democratic republic was formed. In Sparta, a slave-owning, aristocratic republic with elements of a monarchy. Athens organ system:

National Assembly, consisting of free Athenian citizens, without strangers and slaves. Convened four times a year, then up to 40 times a year. This is the legislature.

Council of 500, all Athenian citizens by lot.

Heliaia, the body exercising control over others as part of full-fledged Athenians. It was also a judicial body, all decisions of the people's assembly required approval by the Helium.

The College of 10 strategists, this body finally eliminated the Areopagus.

Sparta's organ system:

2 kings, first elected from the 7th century BC hereditary position.

Gerousia, Council of Elders

Apella, public assembly. The activities of the kings were controlled by the ephors - a special institution of officials elected by the gerousia.

Rule-making as the basis of sources of law is preferred in modern science. Laws become the head of society. Sources of creation of law, acts of the people's assembly. Also, individuals interpreted their laws. Laws become the predominant form of law in Athens and Sparta. Among the most important institutions of law is the institution of property rights.

Literature:

1. History of ancient Greece (under the editorship of V.I. Avdiev, N.N. Pikus, A.G. Bokshchanin). M., 1972.

2. Andreev Yu.V. Early Greek polis. M., 1976.

3. Berger A.K. Political thought of ancient Greek democracy. M., 1966.

4. Dovatur A.I. Slavery in Attica in the 5th century BC M., 1979.

5. Koshelenko G.A. Hellenistic policy in the East. M., 1979.

6. Marinovich L.P. Greek mercenaries of the 4th century BC and the crisis of the policy. M., 1975.

7. Frolov E.D. Greek tyrants. L., 1972.

The states in the Greek world were formed and existed for a long time in the form of policies - small city-states (Athens, one of the most powerful Greek policies along the borders, could be bypassed in a day).

The lack of political unity, the small size of the Greek policies can be explained by the following factors:

1) states were formed as a direct result of the collapse of tribal relations in relatively small groups of people;

2) there were no economic prerequisites for unification - unlike the ancient Eastern states, the huge size of which was often due to a single irrigation system, in the Greek world there was no major rivers suitable for irrigation;

3) the orientation of the trade of Greek policies to the external market, which prevented the creation of a single economic space;

4) the nature of Greece (hard-to-reach mountains) contributed to the disunity of its peoples.

Greek policies (there were several hundred) were located not only on the territory of mainland Greece, but also on the islands, as well as in Italy, the Crimea, and Asia Minor. Perhaps the greatest role in Greek ancient history was played by Athens, which is still the capital of Greece.

(For a deeper study of the material in this paragraph, please refer to the list of recommended literature).

More on the topic §1. Features of the formation of Greek states:

§ 1. About some interrelations of medieval bookishness, legal education and legal intellectuality instead of historiography
§ 11. The nature and forms of education in the Muscovite state of the XVI century.
The concept of "state serfdom" and the communal-state model of the legal evolution of the Russian peasantry

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MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION

federal state budgetary educational institution

higher professional education

"Chuvash State University named after I.N. Ulyanov"

Faculty of Law

Department of Theory and History of State and Law

TEST

by discipline "History of State and Law foreign countries»

on the topic: “Features of the formation of states in the ancient world. Polis system»

Completed:

1st year student

Faculty of Law

Groups ZYU-30-14

Ezukoa Yuri

Cheboksary

2015

Introduction…………………………………………………………………………………….3

Features of the formation of states in the ancient world…………………………4
Polis system…………………..………………………………………………….6

Conclusion………………………………………………………………………………… 10

References………………………………………………………………………...11

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, and others - 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.).

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.

1. 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., not sufficiently 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 land suitable 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. Increased social differentiation has become the basis of an acute 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.

2. Polis system 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. 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 forms of political structure, traditions, customs, law, etc., sacred for a given city. 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 historical heritage itself 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 2nd 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 decay 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 about power from the patriarchal-religious past, ceded the reins of government in almost all ancient policies to the tribal, priestly and new property-owning 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 a 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. Among several hundred ancient Greek policies, two of the largest and most militarily strong city-states, Athens and Sparta, come to the fore. 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.

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.

Conclusion

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. 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 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 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.

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 decay 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.

The reason for the death of 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 slaves and was not able 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.

Bibliography:

General History of State and Law. / Ed. K.I. Batyr. - M., 2011.
Grafsky V.G. General history of law and state. - M., 2000.
History of the state and law of foreign countries. / Ed. O.A. Zhidkov and N.A. Krashennikova. Part 1. - M., 2007.
Lurie I.M. History of Greece. Lecture course. - M., 2007.
Milekhina E.V. History of the state and law of foreign countries. - M., 2003.

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