2. The political and legal ideology of Ancient India

Lead trends in political and legal ideology of ancient India were Brahmanism and Buddhism. They emerged in the middle of I millennium BC, when the Aryan tribes that conquered India, started education classes. The roots both directions went back to the religious-mythological world view described in the Vedas - the ancient ritual books of the Aryans. Ideological differences between Brahmanism and Buddhism had taken place on the basis of interpretation of myths and rules behavior that sanctified religion. The most acute disagreement between were related to the interpretation of the rules for Varna - tribal groups, which ushered caste organization of Indian society

Varna the ancient Indians were four - Varna priests (Brahmins), Varna Warriors (Kshatriya) varna farmers, artisans and traders (Vaisyas) and the lowest Varna (Sudras) According to the Vedic tradition, caste came out of the body outer giant Purusha, from the mouth of which was born a Brahmin, from the hands -- Kshatriyas, from the hips - Vaishya, and from the feet - Sudra. Members of the first three varnas considered full members of the community. They were subordinate Sudras

On based on religious and mythological representations Brahmins have created a new ideology - Brahminism. It was aimed at establishing the rule of hereditary aristocracy in emerging nations Socio-political ideas of different schools Brahmanism reflected in numerous jurisprudential andpolitical treatises The most influential among them was a treatise "Manavadharmashastra" ( "Guide to Manu Dharma" - drawn up in the period II in. BC. E. - II into. Mr. BC.). In the n language translated a treatise entitled "Laws Manu ".

One of the cornerstones of the religion of Brahmanism was the dogma of the transmigration of souls, according to which the human soul after death would wander over the bodies of people low birth, animals and plants, or, if he had a righteous life, reborn in the person of higher social status or firmament. Human behavior and its future regeneration of the Brahmins was evaluated in depending on whether it fulfills the requirements of dharma - religious, social and family responsibilities established by the gods for each caste. Brahma instructed to study the Vedas, the leadership of the people and the training of its religion; Kshatriya supposed to engage in military affairs and manage government and public affairs was the privilege of two higher varnas.

Vaishya had to cultivate the land, graze livestock and trade. "But only one occupation of the Lord said to Sudras - the service of these (three) Varna with humility "- stated" Laws of Manu "Formally Sudras were free, but the situation in society, which assigned to them, "Laws Manu, do not differ much from that of slaves. The ideology of Brahmanism developed detailed rules of life for Sudra, as well as for other lower classes, which reckoned among born of mixed marriages, slaves and untouchables. For foreigners and tribes, who did not know division by caste, slavery recognized natural phenomenon

Ideological meaning of the doctrine of dharma was to justify the caste system and privileges of hereditary nobility, to justify the enslavement of the working people. Social status was determined by the product and is a lifetime. The transition to the higher caste Brahmins allowed only after the death of man, in his "Hereafter," as a reward for service to the gods, patience and meekness Means of ensuring caste prescriptions served Brahmanism government coercion, understood as the continuation of the punishing power of the gods. The idea of punishment was a fundamental principle of political theory - it attached such great importance that the science of governance called the doctrine of punishment "The whole world is subject to penalties by" - Proclaims "The Laws of Manu" defining coercion as the main method exercise of power, the ideologists of the priesthood saw his appointment is to "zealously encourage Vaisya and Sudra carry inherent case, so as they are, avoiding the inherent cases, shocking the world ".

State power "Laws of Manu" is described as a one-man reign of the emperor in Every well-ordered state, explained the drafters of the Treaty, there seven elements-king (emperor), Counselor, country, fortress, treasury, army and Allies (listed in order of decreasing importance) The most important element in this list - the king. The doctrine of the "seven-membered kingdom" with the level of development of political institutions in the early class society, especially when despotic regimes, and represents one of the first in the history of attempts create a generalized image of the state.

K deification of the royal power the ideologues of the priesthood came from the caste positions. The rulers of the Kshatriyas and Brahmins were equal to the gods, while the kings belonging to lower castes, likened to the landlord dens. Political ideal was a kind of theocratic Brahmanism State in which the king ruled under the guidance of the priests.

Brahmana claimed to have recognized the supremacy of the religious rulers of the law over the secular. Theory of Brahmanism reflect the ideas in this regard, with priesthood which fought forpolitical hegemony in the society.

Special place in the history of ancient Indian political thought is a treatise called "Arthashastra" ( "Guide of the benefits") His author is a Brahmin Kautilya - Advisor to King Chandragupta, who founded the IV in. BC. E mighty Mauryan empire. The original manuscript of the treatise processed and supplemented by about III century. Mr. BC.

Treatise reproduces the provisions of Brahmanism on caste regulations, the need provide severe penalties of the law of dharma, the superiority of the priesthood over other classes, its monopoly on worship. In full accordance with the precepts of Brahmanism authors carried out the idea of dominance hereditary nobility and the subordination of the secular rulers of the priests. The king should follow palace Priests, said in his treatise, "as a student teacher, as son of his father, as a servant of the lord ".

In However, the treatise contains ideas that do not coincide with the traditional doctrine In contrast to the priesthood of the orthodox schools of Brahmanism, insisted on the rule of religious law, the authors of the treatise has a major role in legislative activity emperor. As outlined in "Arthashastra" four types of legitimation of dharma - the king's decree, the sacred law (dharmashastry), judicial decisions and custom - a higher power has a royal decree "If the sacred law is not consistent with the dharma, established by decree, then apply should be the last, because the book of the law in this case is null and void "When absence of differences between religious law remained inviolable, and he favored over judicial decisions and common law

On fore in "Arthashastra" proposed the idea of strong centralized imperial authority. Emperor appears here unlimited autocratic ruler. Kautilya recommends kings guided primarily the interests of strengthening the state, considerations of public benefit and not stop, if circumstances so require, the violation religious duty. The focus is not paying the creators of the treatise religious justification of royal power, and practical recommendations for government. "Arthashastra" - the most complete in the Indian literature, a set of applied knowledge about politics, a sort of encyclopaedia politicalart.

These new to the idea of Brahmanism were designed to release the activity States of embarrassing her religious tradition, to save the rulers of need to verify each step with the tenets of religion. This was interested as secular rulers who sought to consolidate the state and weaken the influence of priests on politics, and certain circles of the priesthood, ready to sacrifice part of their privileges in order to consolidate the ruling classes. Ideas "Arthashastra" expresses a program of mutual concessions by the secular authorities and the priesthood. It can be assumed that the need for such mutual concessions was due to increased political activity the ruling classes in the association of the ancient Indian empire Maurya.

In against priestly religion formed Buddhism. He appeared in the VI-V centuries. to AD Its founder, according to legend, was Prince Siddhartha Gautama, known as the Buddha, ie, enlightened. The earliest extant sets Buddhist canon - "Tipitaka" (literally "three baskets" -- name, apparently derived from the fact that the texts of the canon were thematically divided into three parts) "Tipitaka" dates back II-I centuries. BC

Early Buddhism was a religious and mythological doctrine as central to them was also suggested the release of human suffering, the cause which are the worldly desires.

Preliminary condition for salvation Buddhists announced exit from the human world and join him in monastic community. In early Buddhism there are two systems religious and moral precepts: one for members of the monastic community, the other -- for laymen

In Buddhist monastic communities were allowed only free (slaves are not accepted). Incoming in the community had to abandon the family and property, stop comply with the requirements of their caste. "I'm onis called Brahman who is free of attachments and has nothing, "- said in the canon of the Buddha." But I not call man a Brahmin only for his birth or his mother. " Founder of Buddhism claimed that salvation can be achieved not only the Brahmins, but also people from other castes, if they receive the status of Arhat (Brahman) in result of spiritual asceticism. Monastic life in detail regulated.

Rules same for the laity were not designed in detail and were largely borrowed from traditional norms of Vedic religion. The peculiarity of Buddhist views on caste manifested only in the fact that the first in the list varnas called instead of the Brahmins Kshatriyas "There are four castes - the Buddha preached - Kshatriyas, Brahmins Vaisyas and Sudras. Among the four castes, Kshatriyas and the Brahmins have superiority ".

Social requirements of Buddhism, in effect, reduced to an equation of castes in the religious sphere not affect the foundations of social order. For all its apparent limited this doctrine undermines the authority of hereditary Brahmins, their claims to ideological and political leadership of society. Opposition, antizhrechesky nature of Buddhism, his indifference to caste in matters of faith, preaching of psychological self-affirmation in the face of suffering - all it has earned him wide popularity among the disadvantaged and the poor. Originally

Buddhism reflect the views of ordinary farming communes and the urban poor. In It consists of many ideas that have arisen on the basis of community-based orders remnants of tribal democracy and patriarchal traditions. For example, the first kings portrayed by elected and rights in full accord with the people in the books canon often condemns the rulers, scorned the ancient customs because selfish desires. "The king, though he has already conquered all the land to the sea and Croesus was still longed to being a voracious, those holdings, which lie beyond the sea. "Buddhist parable preserved as stories about how people, indignant at the injustice of rulers, hammers before his death, the palace of the priest, and king expelled from the country. Preacher of Buddhism is not urged, however, to actively fight against injustice. Subsequently

Buddhism has undergone significant changes. Interested in supporting leaders of the ruling classes of Buddhist communities are teaching revision. It strengthened the motives of obedience and non-resistance to existing power, tempered by the requirements of extreme asceticism, there are ideas of salvation laity secular rulers, in turn, are beginning to use the doctrine in the fight against the dominance of the priesthood and seek to adapt to the Buddhist doctrines official ideology. The process of rapprochement with the Buddhist doctrine of official ideology reaches its climax in the III. BC, when King Ashoka, who ruled Maurya Empire, moved to the Buddhist faith. Further

history of Indian public opinion is connected with the emergence and adoption of Hinduism - religion, absorbed elements of Brahmanism, Buddhism and some other beliefs of Buddhism is spreading mainly outside of India -- in South-East Asia, China, Japan, etc. In the first centuries AD Buddhism becomes one of the world's religions.

political and legal thought of Ancient China

heyday socio-political thought of ancient China belongs to the VI-III vv. BC In this period in the country is undergoing profound economic and political changes resulting from the emergence of private ownership of land. Height property differentiation within communities has led to a rise of wealthy layers, the weakening of patriarchal clan ties and deepening of social contradictions. There is a bitter power struggle between the property and hereditary aristocracy. Chzhouskaya monarchy, holding by authority of the tribal nobility, divided into numerous feuding state. The country covers a protracted political crisis.

In Seeking a way out of his ideological rival classes nominated program activities that would strengthen the position they represent layers and ensure political stability. In the socio-politicalthought formed various areas and schools. Developing on the basis previous religious mythology, they often used the same representation (for example, about the divine nature of the sky, the law of the Tao), changing their according to their programs. The most influential political scientistAncient China is Taoism, Confucianism, and Legalism moizm.

Appearance Taoist tradition associates with the name of semi-legendary sage Lao Tzu, who lived to bring in VI. BC He is credited with drawing up canonical treatise "Tao Te Ching" (Book of Tao and DE ").

Ideology Early Taoism melkovladetelnoy reflect the views of the nobility and the community elite, their protest against the excessive enrichment of the rulers, gain bureaucracy and the expansion of state activity. Lost its former influence, these layers sought restoration of the patriarchal order.

In the doctrine is the "dao" (literally, the way). It was borrowed from traditional Chinese beliefs, which meant the right way of life a person or people, the corresponding commands of heaven Rethinking the concept, the founders of Taoism sought to discredit the ideology of ruling circles, and the first official religious cult with its dogmas about "the will of heaven" and "the emperor - the son of heaven", the laws of the Presentation Dao people. Tao in the interpretation of the followers of Lao-tzu - is an absolute world start. It precedes the lord of heaven and surpasses it with its power. Tao -- source of all existence, an endless stream of natural origin and change of all phenomena, their transition from one to another, an eternal cycle of birth and death. Man, it appears in the form of supernatural law Managing the world. In the face of this pervasive power of man can only realize his own insignificance and try and release from the passions extend your life. Existing

social disadvantages Taoists explain the fact that people devoted to worldly desires away from the original simplicity, the severed natural ties tie them to the ground, and instead rely on the wisdom of knowledge. Reason social unrest is the transition from the initial merger of man with a dao development of his abilities and knowledge.

In socio-ethically leitmotif of Taoism are the condemnation of pride, middle class and preaching moderation. Who collects a lot - he taught Lao-tzu, - he will suffer great losses. Who knows the measure, he would not be failure of "good merchant, with full barns, pretending that they had empty. In the "Tao Te Ching" reflected the widespread among communal peasant ideas about property redistribution in favor of the poor. Tao of heaven, according to the canon, "takes too much taken away and gives the fact who need it. Tao of heaven takes from the rich and give to the poor that have them taken away ". His

hope of restoring the natural simplicity of human relations Lao-tzu linked with intelligent leaders from among the hereditary nobility, who could see "the wonderful mystery of the Tao" and lead the people. "If know and sovereigns can it (Tao) to observe, that all beings themselves become calm. Then the heavens and the earth will merge in harmony, and happiness will come welfare, and the people, without orders to calm down ".

Wise Sire, Taoists taught that ruled the country with the method of non-action, ie refraining from active interference in the affairs of society Lao-tzu decried contemporary rulers, because they are too active, set a lot of taxes and restrictive laws are endless warriors. Best ruler, of whom the people know only that it exists ".

Lao-tzu encouraged to know and rulers "to settle closer to the ground," to restore regime that existed in ancient times, when people lived in small scattered villages, to renounce the use of tools and wean people from the knowledge "In ancient times, those who followed the Tao, not educated people, and made it ignorant. It is difficult to manage people when he has a lot of knowledge ".

Socio-political concept of Taoism was a reactionary utopia. She fed mindset of those sections of nobility and the community elite, whose status been undermined by increasing financial and social stratification. Lacking real force to deal with the new aristocracy, these layers are laid claim to the role custodians of sacred wisdom, not accessible to others. Simultaneously, they sought improve their property and affairs, catch up with the aristocracy of wealth, using for this purpose and community traditions of mutual aid.

Mysticism Taoism and the mystique generated interest in him from various social groups, ranging from the entourage of the kings and ending with the various conspiratorial organizations. Using a Taoist traditions and norms of the community life easier for the perception of the teachings of the peasant masses.

most influential doctrine in the history of political thought in China was Confucianism. The founder of this direction Confucius (551-479 gg. BC). defended the interests of layers, seeking to reconcile the property and inheritance know. Maxims thinker gathered his disciples in the book "The Analects" ( "Judgments and conversations ").

main categories of Confucianism is the concept of the noble husband, philanthropy and rules of the ritual. These categories are closely interrelated, since constituted only different aspects of a singlepolitical ideal, considered from the point view of its speakers, the general principle and specific regulatory requirements.

manage state, according to Confucius, called the noble men, headed by the Emperor - "Son of Heaven" followed by supporters of the Board of noble Confucius argued that the division of people into "high" and "inferior" is not can be eliminated. The difference between his views on the views of hereditary nobility consisted in the fact that Confucius is not singled out on grounds of noble origin and on moral qualities and knowledge. Noble man in the teachings of Confucius - a model of moral perfection, a man who all his behavior Approves morality. It is for these criteria Confucius offered to nominate public service. "If you just stand and address unjust, the people will obey ".

Ideas Board distinguished from Confucius were clearly a compromise: representation typical of the ideology of the hereditary nobility (recognition innate differences between people, their graduation to "higher" and "inferior"), he combined with the provisions of the gateway to state apparatus nerodovitoy communal elite.

Home noble task of husbands - to educate yourself and spread everywhere philanthropy. In this concept Confucius put particular, does not coincide with contemporary content. Under philanthropy understood behavior, the respondents moral values of family and clan groups and patriarchal communities. Humanity included: parental care of children, filial piety in the family, as well as equitable relationship between those who are not bound by kinship bonds. "Honor to the parents and respect for the older brothers - is the foundation of humanity. "Common principle of human relations was the principle of "do not treat others as do not wish me ".

Postponed the political sphere, these principles were to serve as the foundation of the entire system management. Its restructuring Confucius proposed to begin with the so-called correct names, ie with the restoration of the true, original meaning existing in the society of titles and responsibilities arising from them. "The emperor should be sovereign, dignitary - dignitary, father - father, son - Son. "Emperor had the duty to treat the subjects as to their children. He should take care of plenty of food in the country, to protect her arms and educate the people. Educating citizens - the most important state case, and to implement it must force of personal example. "Manage - mean do the right thing. "In turn, the people must be filial deference to the rulers, they unquestioningly obey. Prototype organization of state power to Confucius served as control in family clans and tribal communities (patronym). The concept was a thinker one of the earliest attempts to justify the ideal of the paternalistic state.

Description ideal society in the teachings of Confucius elaborated on the rules of the ritual which play the role of the regulatory system of the state. Confucius was determined opponent of governance based on laws. He condemned the rulers, relied on the frightening legal prohibitions, and advocated the preservation of traditional religious and moral methods to influence the behavior of the Chinese. "If lead the people through laws and maintain order through punishment, people will seek to avoid (from penalties) and will not ashamed. If you lead the people by virtue and maintain order through a ritual, people will know the shame and he correct ". The list of Confucian rules of conduct covered provisions concerning the performance of ritual and worship (worship spirits, the cult of ancestors), moral precepts and rules of customary law. Stressing his admiration of antiquity, Confucius called restore rules that existed at the time of the best rulers of the Zhou Dynasty.

On pages of the book "Analects" suggested that the need for Governance no longer in general, if the rules of the ritual will all respected. Confucius and his followers did not exclude, however, that for onset that happy pores require punitive expeditions against disobedient. The main thing is, they believed, to order the punitive hikes gave a noble and loving his people sovereign, not the rulers principalities or dignitaries. Impose penalties to paternal, ie with love for people. Confucian scholar thus rejected the arbitrary administration, especially in the field, limiting the sovereign willfulness certain moral framework.

Political program of early Confucianism as a whole is conservative, although it contained and progressive ideas. Carried out in practice, it has contributed perpetuate patriarchal relations, uphold the rule of hereditary aristocracy. Confucian ideas of renewal of the ruling class at the expense representatives of the underprivileged could lead to a radical restructuring in the state, for the past, being raised on the ancient traditions themselves become active defenders of the organization of power, which defended the nobility. Concept nomination reasonably suppose only easing the conflicts between the old and the new aristocracy.

Together so some of the doctrine, as was said, had a progressive value. These include the first idea of the spread of moral knowledge and training of people regardless of their social status. Educational activities of Confucius and his students played a huge role in development of Chinese culture.

C criticism of government hereditary aristocracy made of Mo-tzu (approximately 479-400 years. dong. e.) - founder of the school moistov. His teachings are followers in the book "Mo-tzu".

Moizm expressed the interests of small property owners - free farmers, artisans, traders, the lower ranks in the state apparatus, social status which was unstable and contradictory. On the one hand, they were close to working masses and to some extent, adopted their beliefs, but on the other -- having achieved a certain status in society, sought to approach the ruling elite, demanded for himself the privileges of the upper classes. The same contradictions was permeated with the teachings moistov.

Reproducing some representations of the lower classes, moisty condemned substitution government positions on the principles of origin and kinship. They argued that all people are equal before the divine sky: "The sky is not distinguishes between small and b?? room for improvement, noble and vile, all people - the servants of heaven. "At public service should require the most wise, regardless of origin. From these positions they have been criticized and conciliatory Confucian doctrine, which permitted the innate knowledge of a hereditary aristocrats and limited the nomination of the wise kind of educational qualifications. The source of wisdom, pointed Mo-tzu, are not innate goodness and reading books, and knowledge gleaned from the life of ordinary people. Management State does not require training. Human capacity for public Management defines its professional qualities - a desire to serve commoners, diligence in the affairs, etc. "If a man has ability, then it must be brought, even though he was a simple farmer or craftsman ".

In confirmation of this conclusion, Mo-tzu cited example of the ancients. First ruler according to the concept, people chose the most worthy. Received from the sky and the spirits right to control the Middle Kingdom, he became the emperor - "son of heaven." Ancient rulers, argued Mo-tzu, benefit the whole nation. Among them Many were from the lower classes: one first sculpted pots, the other was slave, the third - a bricklayer. The cause of the current turmoil and chaos is that rulers rejected the precepts of antiquity, indulge greed, are due to this endless war, the common people plunged into poverty. Teaching moizma on nomination wise contained in embryo the idea of equality, has sought to justify the possibility transfer of supreme power to representatives of the working people.

Contradictions in teaching moistov began when they moved from criticism of the existing orders to the statement of principles and methods of management in an ideal state.

In opposed to the Confucian principle of humanity, Mo-tzu put forward the principle of universal love. Confucian humanism, he said, is selfish love, based on the attachment of blood and the priority of the related ties. But this love is not yet true love. True philanthropy involves the same fair treatment for all people without differences of kinship or classes. Mo Tzu dreamed that "people helped each other to a strong helping the weak people to teach each other to knows taught ignorant, would share the property with each other. "In this part concept was based on every day life in the communities understanding of reciprocity and property redistribution.

Along with this universal love was interpreted by Mo-tzu as a mutual benefit that gave him the concept of a completely different meaning. From the generous virtues requiring abandon surplus property for the common good, universal love transformed into a prudent domestic labor for quite tangible benefits. With regard to relations within the ruling class mutual love meant for example, that advisers and officials from the love of the emperor to exercise due diligence to service, do not hesitate to obey him, and he pays them responsive love -- Designates

in world history of political and legal doctrines concentrated a great political and legal experience of past generations, reflects the main trends, milestones and outcomes prior to research problems of freedom, law, legislation, policy, state. This experience has a significant influence on modern political and legal views.

Chapter 1. The political and legal thought in the Ancient

East

? 1. At the root of political and legal thought

political and legal doctrines have appeared only in the relatively long existence of early class societies and states.

In its origin a political and legal thought from ancient People in the East and West - the ancient Egyptians, Indians, Chinese, Babylonians, Persians, Jews, Greeks, Romans and others - back to mythological origins and operates the mythological concepts of man's place in the world. At the early stage of its development perspectives, conventionally referred to as the political and legal, have not yet differentiate in a relatively independent form public consciousness and in a special area of human knowledge and constituted an integral moment of the mythological worldview.

For myths characteristic identity information (error occurring events and famous deeds of the gods) and regulatory  (certainly a need for people to reckon with these events and etc.) points of the narrative of the mythical facts.

earthly order, according to ancient myths, an inseparable part of global cosmic order, having a divine origin.  In line with this understanding of myth and highlights the theme of earthly life, their social and state structure, their relationship among themselves and with the gods, their rights and responsibilities - in short, all that that they are allowed, and that they are forbidden.

divine source is the prevailing social and political legal orders - the main idea and theme of ancient myths. The myths ancient peoples of different solved and highlights the question of how and nature of the relationship of the divine with the earthly relationships. One or different version of the divine origin of earthly power and order a universally valid model of arranging them accordingly and both the dominant ideology, which has no competition in the face other ideas, opinions, viewpoints, etc.: a myth challenged is the beginning of its rationalization.

Different versions of the myth of interest primarily as cognitive reflection in the form of the myth of different options to streamline and regulation of the corresponding social relations.