Primitive society is characterized by the absence of political organization and legal norms - instruments government controlled. Power

1 Nikolsky N.M. Origin and history of Belarusian wedding rituals. - Mn., 1956. - P. 68.

in the pre-state period it was of a purely public nature. It came from the clan, phratry, tribe, which directly formed the bodies of self-government. Power functions were carried out by adult members of the clan - men and women who had equal rights. It can be argued that the subject and object of power in primitive democracy coincided.

If at the head of the primitive herd there was a leader who himself decided the issues of its life activity, then in the clan community general meeting of relatives became the highest authority.

In addition to clan (tribal) assemblies, the bodies of public power under the primitive system were elders, military leaders and priests, who were elected from the most authoritative members of the clan. Their influence in society depended entirely on personal qualities - wisdom, experience, dexterity in hunting, economic abilities, military prowess etc. Officials could be removed for misconduct by the assembly, which was a tool for monitoring the implementation of the powers entrusted to them. Their opinions were valid because they reflected public interests. In other words, subordination was natural and resulted from the unity of interests of all members of the clan.

Power in primitive society was not territorial in nature, extended only to members of the clan (tribe), expressed their will and was based on blood ties. The general affairs of the tribe were led by a council, which consisted of the elders of the respective clans, and during the war, the military leaders of the clans. The council of elders elected the leader of the tribe. This position was also replaceable and did not provide privileges. The tribal union was governed by a council of tribal leaders, which elected a leader of the union (sometimes two, one of whom was a military leader).

Thus, in primitive society at all stages of development there was no special group

people who stood out from its composition for the purpose of managing and exercising power. According to modern ethnographic terminology, it was potes-tar (from Lat. potestus - strength, power), not political power. It extended to an egalitarian community whose members were equal. Power, thus, being an inevitable function of any society, in its primitive state coincides with the population.

The life of a primitive society, despite its primitive nature, needed regulation. Rules were needed on the basis of which people would organize joint work, hunting, distribute the harvested product, determine the order of relationships between men and women, procedures for resolving disputes that arise, etc. The presence of these generally binding rules limited a person’s selfish aspirations and made his behavior predictable. Moreover, these norms concerned mutual assistance and mutual defense, and therefore contributed to human survival and the preservation of the species.

The main regulator of social relations in the pre-state period were customs - historically established rules of behavior that became habitual as a result of repeated and prolonged use. Customs consolidated the most rational and beneficial behavior for society, developed over centuries, passed on from generation to generation and equally reflected the interests of all members of society.

Over time, norms of public morality and religious dogma associated with customs and reflecting the existing ideas about justice, good and evil appeared in society. All these norms are gradually merging, most often on the basis of religion, into a single normative complex that provides regulation of social relations that are not very complex at that stage of development. Syncreticity (unity, lack of differentiation) of the norms of the per-

beaten morality, religious norms, customs, traditions allowed historians and ethnographers to call them "mononorms" 1 . This term has also been adopted by modern jurists, who emphasize the inseparability of the rights and responsibilities of people of that time.

The internal unity of regulation of social relations through mononorms is due to the non-differentiation of life and activity of primitive society, where the personal and the public were merged. Mono-norms had the character of unified, undivided rules of behavior, suitable for all occasions in life. Their main purpose is to help a person adapt to natural environment, promote its survival and reproduction as a biological species. Consequently, mononorms under the primitive system, like the bodies of social power, had a natural basis, were dictated by economic necessity and existed in the minds of people. The norms that determined the procedure for obtaining food and their equal distribution, the obligation of blood feud, which protected the inseparability of the clan and tribe, were perceived by primitive man not only as correct and fair, but also as the only possible ones. There was no need to distinguish between only rights or only duties. The acceptance of existing norms of behavior without any reservations was due to the fact that primitive man did not separate himself from society, did not think of himself outside the clan and tribe.

Nevertheless The norms of primitive society can be divided into prohibiting, permissive and obliging to perform any actions.

Prohibitions performing certain actions acted as a taboo. There was, for example, a ban on incest - marriages between blood relatives. Killing and bodily harm were prohibited.

1 Pershits A.I. Problems of normative ethnography // Research in general ethnography. - M., 1979. - P. 213.

denia, theft; violations of the division of production functions in the community between men and women, adults and children, etc. were not allowed. As we see, taboos regulated the most important aspects of human life.

Permissions also determined the behavior of an individual or groups of people in a primitive society, indicating, for example, the nature and time of hunting, the types of plants consumed and the timing of their collection, fishing areas, etc.

Positive Obligation had as its goal to streamline the necessary human behavior in everyday life (in the process of cooking, building houses, maintaining a fire, making tools, etc.). Potestary sanctions were applied to violators of the social norms of primitive society - public censure, expulsion from the community, bodily harm, and the death penalty.

Numerous myths and tales that substantiate patterns of proper and forbidden behavior were important for a person’s social orientation.

Thus, social norms primitive society, regulating the behavior of people in natural conditions, expressed the interests of all members of the clan, tribe, united them to fulfill common tasks and thereby reflected and ensured the unity and cohesion of clan groups. Not fixed in written form, they existed in the minds of people and were ensured mainly by the force of habit, as well as by appropriate measures of public persuasion (suggestion) and coercion.

The primitive system, its inherent social organization, did not require specific power standing over society and special norms reflecting the interests of various social groups. Social power and norms of behavior were part of the very content of people’s life, expressing and ensuring the deep economic and social unity of the tribal organization of society.

2.3. DECOMPOSITION

PRIMITIVE COMMUNAL SYSTEM.

BACKGROUND AND REASONS

THE EMERGENCE OF THE STATE AND LAW

About twelve thousand years ago globe crisis phenomena began to arise that threatened the existence of man as a biological individual. With unfavorable climate change, the extinction of megafauna (mammoths, woolly rhinoceroses, etc.), which was the main source of food for primitive people, began.

The result of crisis phenomena and the emergence of new tools was the transition of humanity from appropriating economy(hunting, fishing, gathering) to producing- to pasture, and then nomadic cattle breeding, as well as to slash-and-burn, and then irrigated arable farming.

This process is called in the scientific literature "Neolithic revolution" since it occurred during the late Neolithic period at the turn of the transition to the Bronze Age, when man learned to smelt and use first soft non-ferrous metals, and then iron. Until quite recently, archaeologists viewed the “Neolithic Revolution” as a short-term event that was the result of a single innovation - the domestication of wild animals and plants. Archaeological research conducted over the past 35 years has exposed the limitations of such ideas. Today we consider the “Neolithic Revolution” as a process that began around the 10th millennium BC. and continued in a number of regions of the Middle East at the beginning of the 5th millennium BC. 1 .

The socio-economic and environmental essence of the “Neolithic revolution” was

1 Lamberg-Karlovski K., Sablov J. Ancient civilizations. Middle East and Mesoamerica: Trans. from English A.A. Pono-Marenko and I.S. Klochkova. - M., 1992. - P. 115.

that in order to satisfy his needs, man has moved from an economy based on the use of natural resources to genuine labor activity, expressed in his active intervention in the environment, food production with the help of new, more advanced tools.

Changes in the economic life of society contributed to the growth of labor productivity and the emergence of a certain surplus of product, and in the long term - the accumulation of wealth.

Significant changes in all spheres of human life occurred after three major social divisions of labor. The first of them is the separation of cattle breeding from agriculture, the second is the separation of crafts from cattle breeding and agriculture, the third is the emergence of merchants who were no longer directly involved in the production process. Thus, certain groups of the population began to specialize mainly in one type of production activity. This contributed to the differentiation of production, which, in turn, contributed to a significant increase in labor productivity, as well as increased commodity exchange.

The important societal implications associated with this are summarized in famous work F. Engels “The Origin of the Family, Private Property and the State” 1.

The growth of labor productivity inevitably led to the emergence and increase in the volume of excess (surplus) product, which led to the emergence of private property, which became a material prerequisite for the isolation of members of the clan.

The economic independence of an individual family, which opposed the entire clan, was facilitated by the gradual transition from pair marriage to monogamous marriage. The husband, the head of the family, sought to secure

1 Marx K., Engels F. Soch. 2nd ed. - T. 21. - P. 160.

wealth for yourself and your children. As a result, the family becomes social form material isolation of clan members.

The redistribution of excess product in favor of the most influential groups of the population, individual families, elders, military leaders and other representatives of the clan aristocracy, as well as regular exchange of goods, objectively contributed to the territorial movement of the population. This contributed to the acceleration of the destruction and evolutionary replacement of the relatively closed tribal community of the territorial neighboring community.

The forms of decomposition of the tribal system, the types of neighboring communities and communal property were different among different peoples. But in all cases, a necessary prerequisite for the disintegration of the clan system was the emergence of private property. First of all, private ownership of movable property (tools, livestock, etc.) appeared, much later - of real estate (land).

The possibility of obtaining excess product led to the use of slave labor. Initially, defeated foreigners turned into slaves, and then relatives who were unable to repay debts, as well as those who grossly violated the rules of behavior neighboring community.

The primitive communal organization in these conditions begins to experience a crisis of power, because it arose and operated in a society where individual and general interests coincided. The emergence of private property and social inequality led to a divergence of these interests. The organs of the primitive communal system gradually degenerate into organs military democracy to wage wars with neighboring tribes, to impose the will of strong, rich members of a clan or tribe on their fellow tribesmen.

Under such circumstances, a primitive system of power based on public principles and the authority of the elected could not exist.

The opposing interests of various social groups no longer made it possible to make a decision that would satisfy the entire community. A new government body was required that could ensure the advantage of the interests of some members of society at the expense of others. Society, due to its split into economically unequal groups (classes) of people, objectively gives rise to an organization of power that should, on the one hand, support the interests of the propertied, and on the other hand, restrain the confrontation between them and the economically dependent part of the population. The state became such an organization that separated itself from society.

In order to determine whether the transition of a particular people to a state-organized society has been completed, researchers introduced the scientific concept "signs of the state" which distinguish it from the social power of the primitive communal system.

The first and most important feature of the state was the emergence of power structures whose interests do not coincide with the interests of the population (unlike the collective power of the tribal society). State power does not merge with society, but stands above it. It is separated from society and expresses the interests primarily of the economically dominant minority. This kind of power is called special public authority. It is called special precisely because, while not coinciding with society, it speaks on its behalf, on behalf of the people. The exercise of such public power requires a certain organization - the formation of a special apparatus of management (accounting, execution, control, supervision, etc.), as well as a special apparatus of coercion and protection of class interests (courts, police, prisons, army, etc.) . In other words, the fundamental feature of such public (state) power is that it is embodied in the professional class of managers.

lei (officials), from which the governing and enforcement bodies are staffed.

In the pre-state period, managing the affairs of society was not assigned to a special layer of people and did not constitute anyone’s profession. The authorities of the communal-tribal system were not allocated special material resources for their activities, they did not have a coercive apparatus. Their decisions, in including the administration of punishments, were carried out by the members of the clan themselves. Consequently, in a pre-state society, power was exercised through self-government.

The second characteristic of a state is division of the population according to territorial principle. This means that, unlike a clan and tribe, where people were related by blood and not by belonging to a specific territory, the state has its own permanent, strictly localized territory, defines and protects its borders. The population of a territory (country), as a rule, has a stable connection with the state in the form of citizenship or citizenship and enjoys the protection of the state both within the country and abroad. The exercise of state power on the administrative-territorial principle makes it possible to determine its spatial limits and form its central and local bodies on this basis.

Thus, in a state-organized society, power relations are built not on consanguinity or presumed family ties between people, but on the basis of their residence in a certain territory within state borders.

The third feature of the state is sovereignty. Sovereignty as a property (attribute) of state power means the supremacy, autonomy and independence of the state in the implementation of its policies both within its own territory and in international relations.

wearing, subject to respect for the sovereignty of other states.

Sovereignty is a collective sign of a state. It concentrates all the most essential features of the state organization of society. The independence, independence and supremacy of state power are expressed in its universality (only decisions of state power apply to the entire population and all public, including political, organizations of a given country), in the possibility of canceling any illegal decision of other public authorities; in the presence of exceptional means of influence that no one except her has at her disposal (army, police, courts, prisons, etc.).

The fourth characteristic of a state is taxes. State taxes are levies established by a special public authority from the population, collected by force in established amounts and within certain periods. They are due to the fact that the state, while carrying out general affairs, needs material support for its activities. Protecting the population from an external enemy, maintaining law and order within the country, implementing social programs, maintaining the administrative apparatus - all this is carried out using taxes collected from the population.

One of the main features that distinguishes the state from pre-state forms of public power is also publication of legal norms.

Without law, the state cannot exist. Law legally formalizes the state and state power and thereby makes them legitimate, i.e. legal. Without law, without legislation, the state is unable to effectively lead society and ensure the unconditional implementation of the decisions it makes. Among the many political organizations, only the state, represented by its competent bodies, issues normative orders that are binding.

for the entire population of the country. As the official representative of society, the state necessary cases implements the requirements of legal norms with the help of special bodies (administration, police, courts, etc.).

Along with the general patterns of the emergence of the state, there were features characteristic of individual regions. Researchers identify such main forms of the origin of the state as Athenian, Roman, ancient Germanic, and ancient Eastern (Asian).

Emergence Athenian state was a consequence of the natural decomposition of the primitive communal system and the subsequent socio-economic development of society (classical form).

Roman state also arose as a result of the natural decomposition of the primitive communal system and the subsequent socio-economic development of society, but the struggle between different layers of society (patricians and plebeians) accelerated the process of state formation.

The subsequent conquest of vast territories of the Roman Empire by barbarians (Germanic tribes) accelerated the formation German states since the tribal organization of power of these tribes did not ensure the management of the conquered peoples.

The transformation of the tribal nobility into a separate social group (clan, caste) headed by a despot monarch, with undivided control of public (state) property due to the need to manage large-scale irrigation and other public works, is characteristic of ancient eastern (Asian) form of state.

There are two main points of view on the origin of the state among the Eastern Slavs. Some researchers believe that the formation of the state followed a classical pattern similar to the Athenian state. Recently, scientists

began to be more inclined to believe that the origin of the state among the Eastern Slavs had its own distinctive features. Chronicles connect them with the “invitation to reign” of the Varangians. This fact was the basis of the so-called Norman theory, the founders of which were G.Z. Bayer and G.F. Miller believed that the Normans (Varangians) created a state in Ancient Rus'. M.V. sought to refute this theory. Lomonosov, D.I. Ilovaisky et al.

There is no doubt that the state-organized society of the Eastern Slavs is being formed as a result of the same socio-economic processes that led to the emergence of the state among other peoples. At the same time, in creating quality new system management in state-organized society of the Eastern Slavs important role The institution of “invitation to reign” also played a role. With such invitations, our ancestors more deeply comprehended the essence of the state and gave it the quality of a neutral, “third force” that stood above the internal contradictions of various social groups and was not related to them by family relations. Such a neutral force was the invited Varangians, who formed the core (or a significant part) of a special professional group of rulers who began to exercise public power that did not coincide with the entire population 1.

Prerequisite existence of any society - normative regulation of relations of its members. Law as a special system of legal norms arises in the history of society due to the same reasons and conditions as the state. We can say this: the processes of the emergence of state and law go in parallel. “Yans,” writes the professor

1 Basic theors! Dzyarzhavy: Vucheb. dapamozhshk / Pad red. great M.U. Sshchanyu. - Mn., 1995. - P. 15.

N.V. Silchenko, - uzaemadzeishchal1 i stimulyaval1 adzsh adnago” 1 .

Different peoples and different eras had their own characteristics of legal formation, but there are also general patterns.

During the period of the collapse of the clan system and the transfer of common property into the hands of individuals, violations of ancient customs became more frequent, which led to the destruction of the age-old order. In other words, the form of social relations established by customs came into conflict with their changed content. Due to the fact that customs have ceased to serve as a universal regulator of social relations, an objective need has arisen for fundamentally new regulators of them. Historically, the emerging state apparatus, representing the interests of the economically dominant class (social group), began to apply some customs it liked as mandatory and to take coercive measures against persons who violated them. This is how legal customs arose, which, unlike tribal customs, were sanctioned by the state.

An important role in the transformation of primitive customs was played by the courts, which adapted them through interpretation to new conditions. Sanctioning was at first factual. State officials, primarily judges, recognized certain customs as valid and made decisions based on them. Gradually, customs begin to be systematized, acquire written form. Thus, the first law that emerged along with the state was customary law, the expression of which became judicial and administrative decisions.

1 Sshchanka M.U. The agul theory of law. At 4 hours. Part 1. Pahod-zhanne, sutnasts, norms and laws of law. - Grodna, 1997. - P. 9.

WITH further development state, changes in social life, customs are no longer sufficient to regulate social relations “due to their gaps, inertia, and lack of efficiency” 1 . The state itself begins to engage in law-making activities, which is expressed in the adoption of various kinds of regulations (laws, decrees, decrees, etc.). In other words, with the acceleration of the development of a state-organized society, circumstances objectively arise when legal customs cease to provide regulation of social relations to the same extent as before. Therefore, more advanced sources of social norms naturally appear: regulatory legal acts, regulatory agreements, legal precedents.

The processes of the emergence of state and law proceeded largely in parallel, with mutual influence on each other. Thus, in the East, where state property occupied a dominant position and the role of traditions was great, law arises and develops under the influence of religion and morality, and its main sources are religious provisions (the Teachings of Ptahhotep - in Ancient Egypt, the Laws of Manu - in India, the Koran - in Muslim countries, etc.). The norms recorded in the collections of moral and religious guidelines mentioned and not named here are often of a casual (related to a specific case) nature. IN European countries Along with customary law, extensive legislation and case law are developing, characterized by a higher degree of formalization and generalization than in the East. In a society based on private property, which necessitated equality of rights of owners, civil law flourished

1 Cherdantsev A.F. Theory of state and law: Textbook. for universities. - M., 1999. - P. 65.

legislation regulating a complex system of property relations (Ancient Rome).

Law as a special type of social norms is qualitatively different from the rules governing the behavior of people in primitive society:

If customs were created spontaneously, then legal norms are established directly by the state or sanctioned by it;

If social norms in the pre-state period expressed the general will and protected public interests, then law is an expression of the state will, a means of balancing the social, corporate and personal interests of members of a state-organized society. This means that from the early stages of its development, law, along with performing general social functions, played an important role as a normative class regulator, regulating social relations in the interests of the economically dominant class;

If customs were mainly in an unfixed form, contained in the minds of people, then the law receives its external expression and consolidation in the form of various kinds of normative acts, precedents, agreements with normative content, legal customs;

If customs were protected from violations by society itself, then the implementation of legal regulations, if necessary, is ensured by the coercive force of the state.

The substantive differences between law and the social norms of primitive society are also significant. Legal norms are much more complex, more diverse, richer both qualitatively and quantitatively, since they regulate a more complex, differentiated social organism based on a producing economy. As a result, they are characterized by strict formal certainty, clarity and unambiguity of the formulations they contain.

Thus, the process of the emergence of law is of a natural nature: with the development and complexity of society, law, with objective necessity, comes to replace mononorms. Legal regulation of social relations is becoming the most important method of state management of society.

The study of the origins of the state and law shows that it is impossible to talk about the state, abstracting from law, and vice versa. However, the logic of scientific analysis forces us to show first the process of the origin of the state, and then the law, with only one goal - to clearly highlight the peculiarity of each phenomenon separately. Famous political scientist academician E.A. Pozdnyakov writes: “Studying the state in isolation from law, and both from politics, is an unfruitful activity, capable of giving only a partial, but not complete, understanding of the phenomenon being studied” 1 . To understand the essence and nature of law means to understand the essence and nature of the state, and vice versa.

POWER AND SOCIAL NORMS IN PRIMITIVE SOCIETIES I.N. Atyasov, student

Scientific supervisor: G.A. Chedzhemov, senior lecturer, Samara State University the University of Economics(Russia, Samara)

DOI: 10.24411/2500-1000-2019-10857

Annotation. The article examines step by step the history of the emergence, development and general characteristics primitive society. The regulation of various social norms and the exercise of power in primitive society is also examined in more detail.

Keywords: primitive society, community, power, social norms, elder, customs.

The primitive system is the longest period in the history of human development. This is the beginning of the development story social society- from the emergence of intelligent man to the emergence of states and civilizations.

In the history of human society, primitive society occupies a rather important place. We can talk about primitive society from the moment of the appearance of rational man, i.e. about 2000 thousand years ago. Scientists believe that the earliest man arose about 1-1.5 million years ago, while others attribute his appearance to a later period.

Primitive society is First stage in the history of mankind. At that time, people lived in communities, worked together, owned land and distributed property equally. The first tools of human labor were a chipped stone and a stick. The main means of earning a living were hunting, gathering and fishing. People obtained food using the tools they made, but they were not involved in food production, but only appropriated it as gifts of nature. At first, primitive people used fire. Since they did not yet know how to make fire, they had to constantly maintain it. But over time, primitive people learned to make fire themselves. From the point of view of economic history, the main features of primitive society were:

Teamwork;

Strong dependence on environment;

Low level of development of productive forces;

Communal ownership of tools and means of production;

Equal distribution of production products.

The development of the social division of labor was associated with the emergence of a private form of ownership of the means of production, which was concentrated in the hands of the patriarchal nobility. Many researchers believe that the emergence of private property had an important impact on human morality.

The formation and development of primitive society consists of several periods:

The early period is the period at the beginning of social development, where the completion occurs biological development. This period is also called the era of the ancestral community. It was during this period that people lived in small related groups of about 20-30 people and were mainly engaged in hunting and gathering.

The middle period is a period where there is a gradual consolidation of society and the formation of tribal communities. The clan community was a community based on consanguineous ties, where each member performs a certain social function. Inter-tribal connections also appeared here. In other words, this is a group of relatives. This period accordingly

can be called the period of the tribal community. In this era there appeared new form power, which was called the chiefdom. It was a social organization consisting of many communal settlements.

The late period is a period of further complexity of social life. New forms of agriculture, cattle breeding and crafts appear here. During this period, the prerequisites for the formation of the state were also formed and new beginnings of a producing economy appeared, as well as exchange relations.

In primitive society, so-called social norms operated. These norms determined the rules of behavior in society, which became habits as a result of repeated use. Social norms also ensured the existence of an appropriative economy and procreation, which regulated certain ways of obtaining food and preserved marriage and family relations. Such norms were also called customs, which were passed down from generation to generation. They arose in connection with the social need to cover the repeated acts of production, distribution and exchange of products. Customs have characteristic features:

They came from the clan and expressed interests and will;

Since customs became the habit of people, they were observed by the whole family and were performed voluntarily;

There were no differences between the rights and responsibilities of members of the clan society.

In addition to customs, there were other forms of social norms. Among them are also:

1. Myth is a story about gods, spirits, deified heroes that arose in primitive society;

2. Ritual is rules of behavior that consist of symbolic actions that penetrate deeply into the human psyche and pursue educational goals;

3. Ritual is symbolic actions that express the connection of the subject with

system social relations and values, and also contribute to a general mood for joint activities;

4. Religious norms are norms that are based on religious ideas. A special place was occupied by the practice of religious cults and sacrifices to the gods.

These norms were followed voluntarily, but it is worth noting that violation of these norms led to punishments in the form of expulsion from the community.

Power in primitive society was not homogeneous, since the head of the group was the father or patriarch, who was the eldest among other relatives. Power was based mainly on social norms that regulated all areas of life. Speaking about power in primitive society, we can highlight its main features:

It is of a public nature;

It was built on the consanguineous principle (applied to all members of the clan);

There was no special management apparatus (management was carried out independently);

It is not an apparatus that controls or coerces people;

Power was based on the qualities of the future head;

Regulates social order using special means (mononorms).

A mononorm was understood as a rule of behavior that does not belong either to the field of law, or to the moral field, or to the field of etiquette. Such norms most often were norms of division of labor, distribution of the benefits of cooperation, etc. Mono-norms were also expressed in customs that were closely intertwined with religious and moral foundations.

The most important authority was the clan meeting, where all matters were decided, including the choice of the elder who stood at the head of the family or clan. It was on his decisions that further actions depended: to whom and how much to allocate for consumption and what to leave as reserves and savings. He also managed the day-to-day

life, considered disputes between relatives. The elder also had the right to use the community's resources at his own discretion. She was chosen and recognized among special qualities. To do this, he had to have great authority in the group. In addition to the elders, a military leader was elected during the war.

Thus, primitive society was a simple organization of human life, which was based on family ties, collective labor and social equality of all members. This society was the longest phase in human history. This topic remains relevant to this day, because there are many different opinions about the problems of the emergence of the state, since we cannot fully understand what kind of world we are in now.

In everyday society, the individual was surrounded by a dense layer of social norms that were inappropriate. Power in this society was of a popular nature and was based on independent governance. There was no special management apparatus here. Primitive society sought to obey one specific person, which is due to the natural laws of nature and survival in general. The development of society has accelerated, and the moment has come when legal customs cannot ensure the regulation of social relations. They change too slowly, not keeping up with the pace of social development. Therefore, new forms of consolidating the rules of law that are in force today have emerged: legal precedents, regulatory agreements, laws.

We live for an hour, and what will happen after us. In the first place

Bibliography

1. General theory of law and state: Textbook / Ed. V.V. Lazarev. - 2nd ed. P. 54.

2. Economic history Russia: Tutorial/ Ed. prof. M.N. Chepurina. -14th ed., revised. and additional - M: JSC Justitsinform, 2008. - 424 s.

3. Pershits A.I., Mongait A.P., Alekseev V.P. History of primitive society: Textbook. - 3rd ed., revised. and additional - M.: Higher. school, 1982. - 223 p.

4. Nagikh S.I. Normative system of pre-state society and the transition to the state. - M., 1995.

5. Vengerov A. B. Theory of State and Law: Textbook for Law Schools. - M.: Jurisprudence, 2008. - 179 p.

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THE RELATIONSHIP OF STUDENTS WITH EACH OTHER I.N. Atyasov, student

Supervisor: G.A. Chedzhemov, senior lecturer Samara state university of economics (Russia, Samara)

Abstract. The article deals with the history of the origin, development and General characteristics of primitive society. And also the regulation of various social norms and the exercise of power in primitive society are considered in more detail.

Keywords: primitive society, community, power, social norms, elder, customs.

Subject, functions and methodology of the theory of state and law. The place of the theory of state and law in the system of social and legal sciences.

The subject of science is that this science studies

The subject of TGP is the general patterns of formation, development and functioning of state legal phenomena, as well as the development general concepts and categories for all legal sciences

There are from 3 to 7 social relations regulated by this science.

1) General patterns of the emergence, formation and development of G. and P.

2) The relationship between G. and P.

3) Characteristic features, essence, content of G. and P.

4) The place and role of G. and P. in public life, political system of society.

5) Legality and constitutionality. Legal awareness and legal culture.

6) Legislative process.

7) Lawful behavior, right of violation and legal responsibility.

8)Prognostic function.

Functions of TGP. For what purpose is science studied.

From 3 to 7 functions are distinguished.

1) Gnosiological (theory of knowledge. Inherent in all sciences. Reveals the essential state legal phenomena and processes, determining the trends of their further development.)

2) Ontological (the science of being. Answers the questions “What is TGP”, “Why and in what form did they arise”, “In what form do they exist now”, “will they exist in the future and in what form”)

3) Heuristic (the art of finding the truth. TGP opens up new patterns in the development of state and legal phenomena)

4) Methodological (Develops methods of cognition that are used by all branch legal disciplines)

5) Ideological (Carries a system of values ​​generally accepted in society)

6) Educational (manifests itself in three forms: educational value; helps to increase the level of legal culture; provides orientation in the sphere of state legal life)

7) Practical-organizational (the ability to transform reality)

8) Pronostic (gives forecasts regarding the development of state and legal phenomena)

Methodology is a system of techniques, methods and principles, the study of general patterns of formation, development and functioning of state rights. phenomena.

Method is a system of means, techniques and methods used to obtain knowledge that objectively reflects reality.

All methods of scientific knowledge are divided into 2-3 large groups:

General philosophical;

General scientific;

Private scientific.

Among private scientific ones, there are 2 legal ones. method:

Formal legal;

Comparative legal.

Form-legal-essence of state-law. phenomena. They study the internal structure, characteristics and properties.

Comp.-right method - comparison of different legal systems, different states or their individual institutions to identify similarities and differences in them.

All methods are based on the principles scientific knowledge.

Principles of scientific knowledge:

The principle of comprehensiveness of research;

The principle of comprehensiveness of research;

Historicism.

A selection of 3 groups of methods:

1) General philosophical: a set of ideological philosophical views that throughout historical development applied to the study of state laws. phenomena.

2) General scientific: which are inherent in all sciences, or the majority in a particular field of knowledge.

Historical;

Logical;

Systemic;

Functional.

3) Private scientific. Not strictly legal:

Method specifically sociological research;

Method of social and legal experiment;

Statistical method;

Modeling method;

Mathematical method;

Cybernetic method;

Synergistically method.

Power and social norms of pre-state society.

For the theory of state and law, the identification of two main periods in the development of primitive society, and consequently, two ways of its existence and reproduction, has a certain methodological value:

Appropriating economy (hunting, fishing, gathering); producing economy (agriculture, cattle breeding, metalworking, ceramic production). The first period mainly corresponds to the maternal clan (matriarchy), the second – the patriarchal clan (patriarchy).

Power in primitive society personified the strength and will of a clan or a union of clans: the source and bearer of power (the ruling subject) was the clan, it was aimed at managing common affairs of the clan, all its members were subject to (the object of power). Here the subject and object of power completely coincided, therefore it was by its nature directly social, i.e. not separated from society and non-political. The only way its implementation was public self-government. Neither professional managers nor special enforcement bodies existed then.

The highest body of public power in the clan was the meeting of all adult members of society - men and women. The assembly is as ancient an institution as the clan itself. It solved all the main issues of his life.

The simple relationships of primitive society were regulated by customs - historically established rules of behavior that became habits as a result of upbringing and repeated repetition of the same actions and deeds. In the most important cases, the labor process was accompanied by ritual actions.

The customs of pre-state society had the character of undifferentiated “mononorms”; they were at the same time norms for the organization of social life, and norms of primitive morality, and ritual and ceremonial rules.

Mono-norms were initially dictated by the “natural” basis of the appropriating society, in which man is part of nature. In them, rights and responsibilities seemed to merge together. True, a special place was occupied by such a means of ensuring customs as taboo (prohibition). Thanks to taboos, primitive society maintained the necessary discipline that ensured the extraction and reproduction of life's goods.

In a pre-state society, customs, as a rule, were observed by virtue of authority and habit, but when the custom needed reinforcement through direct coercion, society acted as a collective bearer of force - binding, expelling and even dooming the violator (criminal) to death.

One of major events in the development of man there was a transition from herd existence to unification on the basis of consanguinity - the emergence of the clan. As a result of diverse relationships between individuals, they are gradually born and become distinctive feature human society social connections, certain organizational methods of influencing people’s behavior arise, the beginnings of such an important instrument as power appear, and rules of behavior mandatory for everyone appear. Thus, the formation of society precedes the state organization of its life.

We can name the main elements that make up the concept of society:

• 1) a set of individuals with will and consciousness;
• 2) general interest of a permanent and objective nature;
• 3) interaction and cooperation based on common interests;
• 4) regulation of public interests by generally binding rules of conduct;
• 5) the presence of an organized force (authority) capable of ensuring internal order and external security;
• 6) the ability and possibility of self-renewal and improvement of society;
• 7) availability of territory of residence.

The economy of primitive society had appropriating character. Everything that primitive people mined was put into a common “cauldron” ( receptivity), and then divided equally among all members of the clan (redistribution).

Society was egalitarian- all its members were equal. basis social structure was a tribal community. Tools and labor organization improved extremely slowly but steadily.

During the existence of primitive society, the development of mankind proceeded in three main directions:

• 1) the formation of man as a biosocial being;
• 2) the development of marriage and family relations, in particular the transition from endogamy to exogamy;
• 3) transition from an appropriating economy to a producing one, i.e. from appropriation finished products nature (gathering, hunting, fishing) to their production (agriculture, crafts, cattle breeding).

The first stage of development of society - primitive society - has two main features: the presence of potestary power and the existence of mononorms.

Potestarnaya power (from lat. potestas- power, strength) belonged to the leaders, leaders, council of elders and relied on the authority of the leader and his strength. This power extended to an egalitarian society whose members were equal. Political power, as is known, presupposes inequality, i.e. division into managers and controlled. Primitive society, based on an appropriating economy (hunting, fishing, gathering), did not know such a division and did not need it. Potestary power and gender and age division were necessary for classes various types economic activity, distribution of food and marriage.

Another sign of the development of primitive society was the presence mononorm(social norms) that ensured the existence of the appropriating economy and procreation. These norms regulated certain methods of obtaining food and marriage and family relations. Mono-norms were characterized syncretism, those. rights were not separated from responsibilities; the rights of the individual merged with his responsibilities. The forms of expression of social norms of primitive society were customs, traditions, rituals, rites and myths, which established the rules of behavior of members of the clan in different situations. The content of the mononorm consisted of various kinds of taboos - prohibitions to perform certain actions, totems - obligations to preserve certain types of animals, and regulations - certain permissions.

Social norms in primitive society were carried out voluntarily due to habit, imitation and understanding of their usefulness. Potestar sanctions were applied to violators, the most severe of which was expulsion from the community (ostracism), which led to the death of the rejected tribe.

The main functions and features of mononorms were:

• 1) regulatory - regulated relations between people;
• 2) were implemented in the form of customs (historically established rules of behavior that became habitual as a result of repeated use over a long time);
• 3) existed in the behavior and consciousness of people, without, as a rule, having a written form of expression;
• 4) were provided mainly by the force of habit, as well as appropriate measures of persuasion (suggestion) and coercion (expulsion from the clan);
• 5) the taboo system was used as the leading method of regulation as the simplest and most elementary method of influence; there were no rights and obligations as such;
• 6) were dictated by the natural basis of the appropriating society (man was part of nature);
• 7) expressed the interests of all members of the clan and tribe.

The transition of humanity from an appropriating economy to a producing one was facilitated by Neolithic revolution (Neolithic - new stone), when more advanced tools arose, three most important divisions of labor occurred, crafts arose, trade and private property appeared, the stratification of society occurred, as a result of which the state and law arose.

» Power and social norms

Power and social norms

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Obviously, among the most significant factors influencing the organization of primitive society were power and social norms. It is generally accepted that power is necessary to coordinate relations between people, to manage the affairs of any social group, collective, or society.

Power arises with, in it it carries out its functions and in this regard is called social. ^ Social power is the ability of a particular person or social group to use various means(power, authority, traditions, etc.) in order to exert a certain influence on people to achieve a particular goal (coordination of behavior, ensuring order, etc.). This power is characterized by a number of characteristics.

It is a social phenomenon, i.e. educated and functioning in society. Social power is an attribute (an integral component) of society at all stages of its development, since society constantly needs to be controlled through power. Power can function only within the framework of social relations that exist between people (individuals, their groups, other social entities). Social relations within which power exists and is exercised are a type of social relations and are called power relations. This is always a two-way relationship, one of the subjects of which is the dominant (dominant) subject, and the other is the subject.

The most important feature of power is that it is based on force, which can have a different nature ( physical strength, power of authority, power of intellect, etc.).

The early pre-state period was characterized by collective work and way of life, the existence of a collective form of ownership of agricultural and hunting lands, and obtained food.

The reason for this was the underdevelopment of tools.

This way of life and production corresponded to a certain organization of primitive power.

The public (social) power of that period was distinguished by the following main features:

The highest authority was the clan meeting of all adult members of the clan, at which the most important issues of life were decided; - it also elected the elder of the clan, who exercised operational leadership various areas activities;
- social power was limited to the clan, expressed its will, and relied on the authority, respect, and traditions of clan members;
- coercion, as a manifestation of power, was a relatively rare phenomenon. It consisted, as a rule, in the imposition of burdensome additional responsibilities for misconduct.

In general, we can say that power before state society was possessed real opportunity control the actions of people in the then existing conditions. It was a necessary function of society of that period of time, had no territorial nature, and applied only to members of the clan. Power relied mainly on the method of persuasion, on the authority of managers, their high moral and physical qualities.

Any social system, including the pre-state one, includes means of normative regulation, special norms that determine the relationship of man with nature and other people. On the basis of such norms, people before the state period organized and regulated joint labor, distributed the produced product, determined the order of relationships between people, and procedures for resolving emerging disputes.

Regulatory regulation was mainly carried out through customs. Let us note that customs are rules of behavior that have developed due to repeated, long-term observance and have become a habit. Customs regulated relationships in primitive society and were passed on from generation to generation. They consolidated the most necessary (rational) behavior options for people in socially significant situations and expressed the interests of all members of the community. With the help of customs, production and exchange, marriage and family relations, the solution of social problems, and relations with other clans and tribes were regulated. Customs regulated the order of distribution of the common product, hunting, determined the order of relationships between men and women, procedures for resolving arising disputes, etc. The presence of these mandatory rules limits a person’s egoism and makes his behavior predictable. Moreover, these norms concerned the rules of mutual assistance and mutual defense, and therefore contributed to the survival of members of the clan community and the consistency of their behavior. For this reason, people sought to follow these rules.

Taboos (prohibitions) were important, by means of which relations in the clan association were protected. Violation of taboos was accompanied by the onset of adverse consequences for primitive man.

The regulation of relations between people was also expressed in decisions general meetings, in the decisions of the elders, and was also carried out through oral myths, focusing on appropriate behavior options in the conditions of the tribal community.

The then existing rules of behavior are often called mono norms (monos in Greek - “one”, “single”), since they included indistinguishable moral, religious, and traditional guidelines.

Mono norms of a primitive society are unified, undivided norms that determine the order of organization of social life, relationships between members of society, the performance of religious rites, etc. These norms did not separate rights from responsibilities: the rights of an individual merged with his responsibilities. The content of the mono norm consisted not only of various kinds of taboos - prohibitions to perform certain actions, but also various obligations, for example, to preserve certain types of animals, as well as regulations - certain permissions for actions.

Social norms in primitive society were carried out by force of habit, imitation and understanding of their usefulness. Sanctions were applied to violators, the most severe of which was expulsion from the community. In essence, this led to the death of a person rejected by the tribe.