In his philosophical views Epicurus was a followeratomistic theory of Democritus. Nature, in his view, developed bytheir own laws without the participation of the gods.

Ethics - a link between its physical and politico-legalrepresentations. Ethics of Epicurus is individualistic. Freedomrights - it is his responsibility for the judicious choice of his life.

main objective of state power and political groundscommunication, according to Epicurus, is to ensure mutual security of peopleovercoming their mutual fear, they do no harm to each other.  This security is achieved only through the quiet life away fromcrowd. Proceeding from this state and the law are treated as Epicurusresult of agreement between people about their common benefit - mutualsecurity.

founder of Stoicism was Zenon.mirozdanie in general, accordingstoicism, is controlled by fate. The fate of both control and dominanceHome is both "the mind of the universe, or the law of all things inuniverse. Fate in the teachings of the Stoics serves asa "natural law", which is at the same time divinenature and meaning.

At the heart of civic coexistence lies, according to the Stoics, naturalattraction of people to each other, their natural connection between them. state,therefore, acts as a natural combination, but not artificial,conditional contract education.

Based on the universality of natural law, the Stoicsobosnovyvalipredstavlenie that all people - citizens of one worldState and that the man - a citizen of the universe.

teachings of the Stoics had a strong influence on the views of Polybius --Greek historian and political figure.

It has a gosudarstvennichesky look at the placeevents, according to which a particular device state isdecisive role in all human relationships.

history of statehood and the subsequent changestate forms Polybiy portrays as a natural processperpetrated on the "law of nature." In total there are six basic formsStates, in order of their natural occurrence and changetake the following passage in the whole of their life cycle: the kingdom, tyranny,aristocracy, oligarchy, democracy, ochlocracy.

customs and laws are characterized by Polybius as the two majorbegan inherent in each State. He emphasized the relationship andcorrespondence between the good customs and laws, good manners and peopleproper arrangement of their public life.

We see that already in ancient Greece were established socio -political theory, which largely predetermined the further development ofsocio-political thought. Greek thinkers werepioneers in many fields of human knowledge.  Therefore, we can talk not only about the contribution of the ancient Greeks in the historyphilosophical,political and legal thought, but also the creation of foundationand the formulation of the starting ideas and concepts in various areas of theory andpractice.

political and legal doctrines in ancient Rome

1. Introduction

In Roman society, slave mode of production reaches the highest stage its development. Since the III century. BC. e. formation of large estates (large estates), based on the exploitation of slave labor, required mass influx of slaves, the expansion of the state territory and conduct conquer policy. Over a short period of Rome became State policy with Republican rule in the largest slave Empire United Empire was completed in I to. BC

Simultaneously with the approval and development of the slave system in the Roman society maturing contradictions sharpening during the civil war and mass speeches slaves (the revolt led by Spartacus 74-71 years. BC BC. and etc.).

C II in the end. AD Roman society enters into a state of crisis caused by contradictions between the needs of developing production and the inability increase the productivity of slave labor once powerful Roman State is divided into the Western Empire and Eastern Empire, which received later named Byzantium In V. Italian territory was conquered by Germanic tribes, and the Western Roman Empire ceased to exist.

politico-legal teachings of ancient Rome had much in common with the political doctrines of the ancient Greece. The similarity of the political thought of the ancient Greeks and Romans was not determined only that the ideological concepts in these countries were formed on the basis similar socio-economic relations, but also a deep continuity in development of their culture. Ancient Rome, for a long time remained on the periphery Ancient World, was forced to catch up to the level of advanced policies of Greece, adopt its culture. The conquest by Rome marked the beginning of Greek city Hellenization of Roman society, ie wide dissemination of Greek culture among the Romans. In the era of empire, these processes are intertwined with the processes of interaction Greek, Oriental and Roman cultural tradition itself.

politico-legal exercises in ancient Rome were formed on the basis of philosophical trends that were transferred from Greece. In his teachings on the philosophy of the Roman thinkers usually reproduced the Greek doctrine, changing and adapting them relation to Roman conditions. The development of political concepts Roman authors have relied on borrowed from Greek sources reporting on forms of state, the relationship between law and justice, of natural law etc.

Novelty and originality of the political views of the Roman thinkers were in fact that they have been put forward ideas, relevant relationships mature slave-owning society. There are two sets of ideological representations, in which most clearly manifested the peculiarity of the Roman politico-legal thought.

K first of which should include changes in political theory, due development of the relations of private property and slavery. The emergence of large land ownership and concentration of wealth, accompanied by a deepening of social antagonisms, put the ruling classes with the need to strengthen legal protection of property relations. Awareness of this need led to a have heightened interest in the legal means consolidating its rule gave rise to the notion that the state serves to protect property and rests on the consent of citizens on the right. In the works of supporters slave-owning aristocracy become commonplace definition of a slave as a thing as "Talking tools", etc.

result practice of lawyers to interpret the laws was the separation law in an independent branch of knowledge. Eventually it becomes status of the source of law. In the writings of Roman jurists receive detailed justification institutions and rules of existing law, including the legal status of free and slaves, the classification of property transactions, maintenance of property rights and inheritance.

Co. second round should include changes in political theory, reflecting restructuring of government machinery in the era of empire, when the Republican form of government was replaced by promonarhicheskim regime. Ruling clique declined in this period of political ideals, which followed the polis aristocracy. For the official ideology of the Roman Empire, characterized by the idea cosmopolitanism, world domination of the Romans, as well as the concept of unlimited imperial power and the state cult of the ruling emperor.

Significant influence on the ideology of Roman society had a philosophy of the Stoics. Her followers (Seneca, Marcus Aurelius) talked about "spiritual equality" of all people, including masters and slaves, their powerlessness to change the destiny of the need to obey the universal law. The mystical teachings of the Stoics and pessimism amplified with the growing crisis of the slave system. Many of the ideas Stoicism were perceived Christianity - an ideological trend, which originated among lower social strata of the Roman Empire.

On Over II-III centuries. Christian religion gradually lost its original rebellious spirit, and in IV. was elevated to the rank of official ideology of the Roman state.

2. Political and legal doctrines slave aristocracy. Cicero. Roman lawyers

In Roman slave society-dominated the landed aristocracy. With the consolidation of their positions, she pushed as the old hereditary nobility and the affluent elite of Commerce and Industry layers. If in the States policies with political conflicts among the free determined mainly by collisions between the nobility and the camp democracy, now, with the approval of private ownership of land, a crucial becomes a confrontation between large and small landowners.

most prominent ideologue of the Roman aristocracy in the period of the republic was a famous speaker, Mark Tullius Cicero (106-43 years. BC). His political and legal doctrine, he explained, imitation of Plato in the dialogues on the state "and" laws ". Some aspects state and legal issues dealt with them also in the works for ethics (for example, in his treatise "On Duties") and in numerous speeches.

Cicero proceeds from the common to all supporters of the aristocracy of representations of the natural origin of the state. Following Aristotle and the Stoics, he argued that civilian communities appear not to establish, and from nature, because people empowered by the gods desire to communicate. The first reason for bringing people together served as a State "not so much their weakness, how much, so to speak, inborn need to live together. " In the spirit of the noble teachings of his time Cicero insisted that state power was given to the sages, able to come close to comprehending the world of the divine mind. State would be eternal, assured thinker, if people lived by the precepts and customs fathers. The purpose of the state, according to his conception, is the protection of property interests of citizens. Similarly

way they are resolved and issues concerning the origin and essence of law. "True and the first law, able to command and prohibit, there is a direct reason Almighty Jupiter "- claimed Cicero. This highest, natural and unwritten law occurs long before a people united in a civil community, and can not be changed by vote of the people or the decision of the judges (here - a frank attack on the teachings of the slave-owning democracy). The laws of the State shall compliant with the nature of the divine order - in the opposite If they have no legal force. Guarding divine natural law must be priests. The emergence of law, emphasized Cicero, "should deduced from the concept of law. Because the law is a force of nature, it is - the mind and consciousness wise man, he - a measure of law and lawlessness. " The rights of the wise and worthy citizens, including the right to property, arising directly from nature, from natural law.

Through this system is typical of aristocratic representations punched at the same time shoots fundamentally different doctrine. In stark contrast with their own stepping Cicero argued that the state is not only natural organism, but an artificial entity, "the popular establishment. Cicero recognizes the equality of all people by nature and the possibility of achieve the wisdom of everyone who receives education. The economic and social differences between people, from this point of view, do not arise from birth, but because steady-state society relations. "Private property - said Cicero, controversy with the followers of Aristotle, - does not come from nature. " She arises under a long-time appropriation of, or victory in war, or law and agreements. While appreciating the importance of wealth and treaties society, Cicero comes to the conclusion that the state "rests on a loan".

These and other similar provisions were borrowed from the ideology of a thinker polis democracy. Developing them, Cicero defines the state (res publica) as the cause of the people, where the nation is "the combination of many people involved agreement among themselves in matters of law and common interests. " In treatment Cicero, the foundation supports the right of the state, its defining principle. The state in this sense is not only a moral community free citizens (as it seemed to Plato and Aristotle), but legal community. Cicero proposed concept of the state played significant role in the subsequent development of political and legal theory.

Cicero speaking about the people in its definition of the state, had in mind only landowners and big traders. This clearly demonstrates contained in the treatise "On Duties" list of occupations and professions, not worthy of a free man. Cicero refers to the number of despicable people lenders, small traders, owners of craft workshops, as well as all workers. With such people, engaged in "dirty work" for decent citizens do not can be no common interest.

Policy Cicero's ideal - the aristocratic Senate republic. In general theoretical plan, he justifies his ideal theory of the mixed form of government. Referring the Greek philosophers, Cicero distinguishes between three main forms of state: imperial power - the monarchy, the power Optimates - the aristocracy and the power of people -- democracy. Among them are the best, according to Cicero, is a monarchy. Each These simple forms of power will inevitably degenerate, which leads to such perverse states of the state, as a tyranny, domination clique of rich and power of the crowd (the mob). Vicious state, in fact, are no longer forms States, because there reigns tyranny and violence, and, consequently, decomposes the state itself as an association of free citizens.

most perfect and stable form of government Cicero considered a mixed state, combining the beginning of the monarchy, aristocracy and democracy. By this order, he view, approaching the Roman Republic during the "fathers and grandfathers." Monarchical principle was presented in her power consuls aristocracy - rule of the Senate, democratic - People's Assembly and power tribunes. In this part of the teachings of Cicero does not go beyond Greek concepts of the cycle of state forms (Plato, Polybius), and political ideals of the nobility, demanded the restoration staroustoynyh orders.

Cicero created during the formation of the Roman Empire. Supporting and endorsing wars of Rome, Cicero refuses ideals closed, self-sufficient policy. Under the influence of the Stoics, he promotes the idea cosmopolitanism and the world state.

In legal theory of the transition to empire is reflected in the concepts of composition and varieties of the law of the Roman state. Works of Cicero are the earliest works of Roman literature, which is held distinction between natural right, the right of peoples and the right of Roman citizens.

Legal slave-owning aristocracy views received their practical implementation in the Roman jurists.

Society Law as an independent branch of knowledge has developed in ancient Rome in II-I centuries. BC The nature and direction of it was the specific product of the ideology of those sections of the slave-owning aristocracy, which had interested in strengthening the legal protection of private property and at the same time opposed the expansion of the state legislative activity in property relations, relying on a few tips and advice Favorites lawyers ( "the right of the wise") than the written law.

heyday Roman law falls on the Early Empire (I century. BC - III century. AD). During this period the emperors, seeking to limit the legislative power Senate, provide the most outstanding lawyers the right to give explanations and interpretation of existing law, binding on all officers and judges. Explanations jurists thus equal to the law. Since the second III in the half. when the legislative power is concentrated in the hands of emperors, the award of such benefits ceases, and the Roman Law is in decline.

K Among the most distinguished jurists early period of the empire belonged Guy, Papinian, Paul, Ulpian and Modestinus. Lengthy excerpts from their written writings contain digest of Justinian.

concept rights lawyers conclusions, like Cicero, of the Stoic idea of the world, universal law of nature. According to the definition of Celsius, adopted many Roman lawyers, law - is the art of good and justice (ars boni et aequi). Justice, to refine the Ulpian, is "the knowledge of divine and human affairs, science of just and unjust ". These

statements indicate that lawyers are not yet separated from the right morality. Like other followers of Stoicism, they considered the source Copyright World divine mind.