- •Incomplete this process was manifested in the following.
- •2. The political and legal ideology of Ancient India
- •In the myths some people referred to the original the direct rule of the gods, who then taught the people art of management and handed over power to earthly rulers.
- •Ideal of the Pythagoreans is the policy, which dominated fair laws. Orderliness they considered high virtue, but the laws themselves - a great value.
- •In his philosophical views Epicurus was a follower atomistic theory of Democritus. Nature, in his view, developing by their own laws without the participation of the gods.
- •It has a gosudarstvennichesky look at the place events, according to which a particular device state is decisive role in all human relationships.
- •1. Introduction
- •2. The development of democratic exercises. Senior sophists
- •Ideological legacy of ancient Greek Democracy was one of the sources of political and legal concepts of the New
- •Ideal of the Pythagoreans is the policy, which dominatedfair laws. Law-abiding they considered a high virtue, butthe laws themselves - a great value.
- •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.
- •It has a gosudarstvennichesky look at the placeevents, according to which a particular device state isdecisive role in all human relationships.
- •1. Introduction
- •In of the law in force in the Roman Empire, the lawyers identified three parts: natural right (ius naturale), the right of peoples (ius gentium) and the right of citizens (ius civile).
Ideal of the Pythagoreans is the policy, which dominated fair laws. Orderliness they considered high virtue, but the laws themselves - a great value.
worst evil Pythagoreans considered anarchy. Criticizing it, they noted that man by nature can not do without management, superiors and proper upbringing.
Pythagorean idea that human relations can be cleaned from the strife and anarchy, and are given in proper order and harmony in the future have inspired many followers ideal system of human life.
author of one of these ideal models of the policy was Faley Halkedonsky, who argued that any kind of internal disturbances arise because of issues relating to property. To achieve the perfect device polis life, it is necessary to equalize landed property of all citizens.
views opposite Pythagorean followed Heraclitus. The world is not formed through the merger, and through the division, not through harmony, but through struggle. The thinking, according to Heraclitus, is common to all, obnako, most people do not understand vseupravlyayuschego mind, which follow. Accordingly, he divides people on the wise and unreasonable, the best and worst.
socio-political inequality is justified by them as inevitable, legitimate and fair result overall fight. Criticizing Democracy, which governs the crowd and no place better, Heraclitus advocated the rule of the best. In his opinion for the formation and adoption of the law is not necessarily universal approval at the national meeting: above the law - its conformity with the universal logos (vseupravlyayuschemu mind), understanding what one (better) more accessible than many.
principle common to the approaches of Pythagoras and Heraclitus exerted considerable influence on subsequent thinkers, is the choice their intellectual (spiritual, not natural) criterion opredelniya what is "best", "noble", "well-intentioned" and etc. (all of this - the symbols of "aristocrat"). With this transition from aristocracy of blood to the aristocracy of spirit, she herself transformed from closed caste in the open class, access to which was placed in Depending on the individual merits and efforts of each.
development of political and legal thought in the V century largely contributed to the deepening of the philosophical and social analysis of the problems society, government, politics and law.
Democritus have found one of the first attempts to consider voznikonovenie and becoming man, the human race and society as part of the natural process of global development. In this process, people are gradually under the influence of the needs of imitating nature and Animals and relying on their own experience, acquired all of its basic knowledge and skills necessary for social life.
Thus, human society appears only after long evolution as a result of progressive changes in source natural state. In this sense, society, policy, legislation created artificially, but not given by nature. However, their very origin is a natural necessity, not random process.
In the state, according to Democritus, presented the common good and justice. Interests of the state above all else, and caring citizens should be directed to the device and its better management. For maintaining national unity requires unity of citizens, their mutual, vzaimozaschita and brotherhood.
Laws of Democritus, designed to ensure prosperous life people in the policy, but to actually achieve these results, requires the effort of the people themselves, their obedience to the law. Laws, respectively, are needed for ordinary people in order to curb the inherent envy, strife, mutual injury. From this perspective, a wise man such laws not need.
In terms of strengthening and flourishing of ancient democracy political Legal issue widely discussed and linked with the names of the Sophists. The sophists were paid teachers of wisdom, including in matters State and Law. Many of them were outstanding educators his age, profound and daring innovators in the field of philosophy, logic, epistemology, rhetoric, ethics, politics and law.
Sophists were not a single school and developed various philosophical, political and legal views. Distinguished two generation Sophists: Senior (Protagoras, Gorgias, Prodicus, Hippias, etc.) and Junior (Frasimah, Callicles, Likofron, etc.). Many of the senior Sophists generally adhered to the democratic beliefs. Among Junior Sophists, along with supporters of democracy are found supporters and other forms of government (aristocracy, tyranny).
principled criticism of the Sophists was Socrates. Even during his lifetime he was recognized as the wisest of all men. Arguing with the Sophists, he, together with to perceive some of their ideas and developed their own way they have begun educational work.
Socrates zadimalsya search for rational, logical-conceptual justification of the objective nature of ethical evaluations, ethical nature of the state and law. Discussion of moral and political provlematiki Socrates raised the level of concepts. Thereby laying began his own theoretical research in this area.
Socrates distinguished between natural law and the law of the policy, but he believed that natural law and the polis law back to a reasonable Top. His conceptual approach, Socrates sought to reflect and formulate this very reasonable nature of moral, political and legal phenomena. In this way he came to the conclusion of the triumph reasonable, fair and lawful.
In terms of practical politics Socratic idea meant Board of knowing, ie justification of the principle of a competent government, in teoretitcheskom plan - an attempt to identify and formulate moral and rational basis and essence of the state.
disciple and follower of Socrates was Plato. The doctrine of ideas appear in Plato's dialogues "State", "politician?.
meaning of Plato's doctrine of ideas is that "True existence - is some reasonable and incorporeal ideas" and sense of empirical data of the body, things and phenomena - not true, because in general refers not to being, but to something rolling, formation.
In his dialogue "The State" Plato, designing the ideal fair state, proceeds from the match, which, his ideas, there is a space between as a whole, the State and individual human soul. Justice is to Each began to deal with their own business and not interfere in the affairs of others. In addition, equity requires hierarchical subordination of started in the name of the whole: the ability to reason ought to prevail; fierce top - to be armed protection, submitting the first top, both of which started to manage the start lusting, which is "to nature craves riches ?.
determining policy, as a joint settlement, due to general needs, Plato detail justifies the position that best meet these needs requires the division of labor between citizens of the state ..
State treated them as the realization of ideas and best feasibility of the world of ideas in the earth's socio-political life - In the policy. Ideal state of Plato - the fair board best. In this he shared the natural-law position of Socrates that the legitimate and fair one and the same, because they are based is divine.
Understanding change and shift the various public-state forms as the rotation within a certain cycle, Plato speaks ratio of five types of government (aristocracy, timocracy, oligarchy, democracy and tyranny) of the five types of mental make-up.
thinkers of ancient Greece made a significant contribution to the development political and legal views in the theoretical development problems State and law. This is due to their significant impact on subsequent authors and their reserves a place in the history of political legal doctrines.
In an exemplary state, whose ruler guided by the true knowledge, Plato distinguishes here three types government (monarchy, government by the few and the majority rule), each of which, depending on the presence or absence of the rule of law are divided in two: the law of the monarchy - that the imperial authority, and unlawful -- tyranny; legitimate power of the poor - the aristocratic, the illicit -- oligarchy; more democracy to the laws and no laws. Total, together with true rule, only seven forms of the state.
Politics - this is according to Plato, royal art, which requires knowledge and skills to manage people. In all other states, led which there is no true rulers, the board must be through laws, written as best we reduce human beings.
notable influence piifogoreyskoy digitally mysticism and religious mythological beliefs marked the last work of Plato - "Laws?.
in the "law" depending on the value of property nationals divided into four classes. None of the individuals has the right to own gold and silver. Usury is forbidden. Excludes any luxury.
further development and deepening of the ancient political and legal thought after Plato associated with the name of his disciple and critic - Aristotle.
Aristotle attempted to fully develop a science policy. Politics as a science he is closely linked to ethics. Academia understanding of the policy suggests that, according to Aristotle, developed presentation about morality, knowledge of ethics.
objects of political science is excellent and fair, but the same facilities as the virtues of study and in Ethics. Ethics is presented as the beginning of the policy, the introduction to her.
Aristotle distinguishes between two kinds of justice: and call the distributed. The criterion of egalitarian justice is "Arithmetical equality", the scope of application of this principle - region civil-legal transactions, damages, penalties, etc. Fairly distributed based on the principle of geometric equality "means the division of commons for the dignity, in proportion to the contribution and the contribution of a member communication. Here possibly as equal and unequal benefits of granting the relevant (power, honor, money).
main outcome of ethical research, essential for policy is the provision that political justice can only be free and equal human beings, belonging to one community, and has the purpose of their complacency.
State, according to Aristotle, - a product of natural development. In this respect it is like this naturally arising primary communication, as family and village. But the state - the highest form of communication, embraces all other communication. In political communication all other forms of communication reach its goal and completion. A man essentially political in nature, and in the state ends development of the political nature of man.
Crisis Greek state was clearly manifested in exercise of the state and the right of the Hellenistic period. In the last third of the IV century BC Greek city lost its independence and come, first under the authority of Macedonia, then Rome. Hiking Alexander of Macedon initiated the Hellenization of the East and the formation of the Hellenistic monarchies.
social and politico-legal issues covered Aristotle's ideal from the standpoint of understanding the policy, the city-state as political communication free and equal people.
The most correct form of the state, Aristotle calls polit. From the wrong form of state tyranny - the worst.
Aristotle says the large number of slaves in a better state. In connection with the consecration of the theme of war, Aristotle dwells on issue of slavery. Military stresses he does not need to enslavement of other peoples, but primarily to themselves not get into slavery. In general, the right to Aristotle calls "political law ", which divides the natural and conventional.
Polybius, an eminent Greek historian and politician Hellenistic period, characterizes the change of state forms as circulation within the definition of a closed loop. Politico-legal thought of this period found expression in the teachings of Epicurus, the Stoics and Polybius.
