M.: Zertsalo, 2006 . - 5 68 p.

The textbook outlines the main political and legal doctrines ancient world, Middle Ages, New and Modern times in full accordance with the program and methodological requirements for high school textbooks.

The new edition of the textbook has been updated and shortened compared to the previous edition, published in 1999, 2000 and 2002.

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Table of contents
Chapter 1. The subject of the history of political and legal doctrines 1
§ 1. History of political and legal doctrines in the system of legal disciplines 1
§ 2. The concept and structure of political and legal doctrines 2
§ 3. Periodization of the history of political and legal doctrines 4
§ 4. The content of the history of political and legal doctrines. Criteria for evaluating political and legal doctrines 6
Chapter 2. Political and legal doctrines in the states of the Ancient East 12
§ 1. Introduction 12
§ 2. Political and legal ideology ancient india 14
§ 3. Political and legal thought of Ancient China 19
§ 4. Conclusion 28
Chapter 3. Political and Legal Doctrines in Ancient Greece 31
§ 1. Introduction 31
§ 2. Development of democratic doctrines. Senior Sophists 33
§ 3. Plato's doctrine of the state and laws 36
§ 4. Political and legal doctrine of Aristotle 42
§ 5. Political and legal doctrines during the decline of the ancient Greek states 48
§ 6. Conclusion 52
Chapter 4. Political and Legal Doctrines in Ancient Rome 54
§ 1. Introduction 54
§ 2. Political and legal doctrine of Cicero 55
§ 3. Legal and political ideas of Roman jurists 58
§ 4. Political and legal ideas of early Christianity 60
§ 5. The origin of theocratic doctrines. Augustine Blessed 63
§ 6. Conclusion 66
Chapter 5. Political and legal doctrines in Western Europe during the Middle Ages 67
§ 1. Introduction 67
§ 2. Theocratic theories 68
§ 3. Political and legal ideas of medieval heresies 69
§ 4. Political and legal theory of medieval scholasticism. Thomas Aquinas 73
§ 5. Medieval lawyers 76
§ 6. The doctrine of the laws and the state of Marsilius of Padua 77
§ 7. Conclusion 80
Chapter 6. Political and legal thought Kievan Rus 81
§ 1. Introduction. 81
§ 2. general characteristics political and legal thought of Kievan Rus 84
§ 3. political ideas in Hilarion's "Sermon on Law and Grace" 96
§ 4. Political ideas of Vladimir Monomakh 104
§ 5. Legal ideas of legal monuments of Kievan Rus... 108
§ 6. Conclusion 113
Chapter 7. Political and Legal Thought of the Muscovite State 114
§ 1. Introduction 114
§ 2. Formation of the political ideology of the Muscovite state 116
§ 3. Political and legal ideas of "non-possessiveness" 124
§ 4. Political and legal doctrine of Joseph Volotsky 135
§ 5. The political theory of Ivan IV 146
§ 6. Political ideas of Andrei Kurbsky 152
§ 7. Political and legal ideas of I. S. Peresvetov 158
§ 8. Conclusion 163
Chapter 8. Political and legal doctrines in Western Europe in the 16th century 164
§ 1. Introduction 164
§ 2. N. Machiavelli's doctrine of the state and politics 165
§ 3. Political and legal ideas of the Reformation 174
§ 4. The theory of state sovereignty. The political doctrine of J. Bodin 177
§ 5. Political and legal ideas of early communism. "Utopia" T. Mora. "City of the Sun" T. Campanella 181
§ 6. Conclusion 187
Chapter 9. Political and legal doctrines in Holland and England during the early anti-feudal revolutions 188
§ 1. Introduction 188
§ 2. The theory of natural law. The doctrine of G. Grotius about law and the state 189
§ 3. The doctrine of T. Hobbes on the state and law 191
§ 4. The main directions of political and legal ideology during the period of the English Revolution and civil war 195
§ 5. The theory of natural law B. Spinoza 199
§ 6. Justification of the "Glorious Revolution" of 1688 in the teachings of J. Locke on law and the state 203
§ 7. Conclusion 206
Chapter 10. Political and legal thought in Russia in the 17th century. 208
§ 1. Introduction 208
§ 2. Political and legal ideas in the first half of the XVII century in 210
§ 3. Political and legal ideas of Patriarch Nikon and Archpriest Avvakum: political and legal ideology church schism 217
§ 4. Conclusion 225
Chapter 11. Political and legal teachings of the German and Italian Enlightenment of the XVII-XVIII centuries 228
§ 1. Introduction 228
§ 2. Natural law theories in Germany 228
§ 3. Legal theory C. Beccaria 234
§ 4. Conclusion 237
Chapter 12. Political and legal doctrines in Russia in the first half of the 18th century. 239
§ 1. Introduction 239
§ 2. Development of the official doctrine of autocratic power. . . . 240
§ 3. The political doctrine of Feofan Prokopovich 246
§ 4. Political and legal ideas of V. N. Tatishchev 255
§ 5. Political and legal ideas of I. T. Pososhkov 261
§ 6. Conclusion 266
Chapter 13. Political and legal doctrines in France in the 18th century 268
§ 1. Introduction 268
§ 2. Political and legal program of Voltaire 270
§ 3. Montesquieu's doctrine of laws and the state 273
§ 4. The theory of popular sovereignty J.-J. Russo 279
§ 5. Political and legal teachings of communism in pre-revolutionary France 287
§ 6. Political and legal ideology of France during the Great Revolution -, 294
§ 7. Problems of state and law in the documents of the "Conspiracy for Equality" 299
§ 8. Conclusion 303
CHAPTER 14
§ 1. Introduction 305
§ 2. T. Payne on the state and law 306
§ 3. Political and legal views of T. Jefferson 308
§ 4. Views of A. Hamilton on the state and law 311
§ 5. Conclusion 313
Chapter 15. Political and legal doctrines in Russia in the second half of the 18th century 315
§ 1. Introduction 315
§ 2. Development of the official doctrine of autocratic power. The ideology of "enlightened absolutism" 316
§ 3. Political and legal ideas of M. M. Shcherbatov 319
§ 4. Political and legal ideas of A. N. Radishchev 326
§ 5. Conclusion 330
Chapter 16. Political and legal teachings of the classics of German philosophy of the late XVIII - early XIX century 332
§ 1. Introduction 332
§ 2. I. Kant's doctrine of law and the state 333
§ 3. Hegel's doctrine of the state and law 339
§ 4. Conclusion 346
Chapter 17
§ 1. Introduction 350
§ 2. Reactionary political and legal doctrines in France, Switzerland, Austria 350
§ 3. Traditionalism E. Burke 355
§ 4. Historical School of Law 356
§ 5. Conclusion 361
Chapter 18. Bourgeois political and legal ideology in Western Europe was the first half of XIX in 364
§ 1. Introduction 364
§ 2. Liberalism in France. Benjamin Constant 365
§ 3. Liberalism in England. J. Bentham's views on the state and law 369
§ 4. Legal positivism. J. Austin 373
§ 5. Political and legal doctrine of Auguste Comte 376
§ 6. Conclusion 385
Chapter 19. Socialist and communist political and legal ideology in Western Europe in the first half of the 19th century 387
§ 1. Introduction 387
§ 2. Political and legal ideas and theories of collectivists and communists in the first half of the 19th century 388
§ 3. Conclusion 396
Chapter 20. Political and legal doctrines in Russia during the crisis of the autocratic-feudal system
§ 1. Introduction 398
§ 2. Liberalism in Russia. Projects of state reforms by M. M. Speransky 399
§ 3. Protective ideology. Political and legal ideas of N. M. Karamzin 405
§ 4. Political and legal ideas of the Decembrists 408
§ 5. Political ideas of P. Ya. Chaadaev 413
§ 6. Political and legal ideas of Westerners and Slavophiles 415
§ 7. Conclusion 418
Chapter 21. Bourgeois political and legal doctrines in Western Europe in the second half of the 19th century 420
§ 1. Introduction 420
§ 2. Legal positivism. K. Bergbom 421
§ 3. The doctrine of R. Iering about law and the state 423
§ 4. State-legal concept of G. Jellinek 426
§ 5. Problems of state and law in the sociology of G. Spencer. . . . 428
§ 6. Conclusion 432
Chapter 22. Socialist and communist political and legal ideology in the second half of the 19th century. 434
§ 1. Introduction 434
§ 2. Political and legal doctrine of Marxism 434
§ 3. Political and legal doctrine and the program of social democracy 440
§ 4. Political and legal ideology of anarchism 444
§ 5. Political and legal ideology of "Russian socialism" (populism) 451
§ 6. Conclusion 459
Chapter 23. Liberal political and legal ideology in Russia in late XIX- early XX in 461
§ 1. Introduction 461
§ 2. Political and legal doctrine of B. N. Chicherin 461
§ 3. Sociological concepts of law and state in Russia. S. A. Muromtsev. N. M. Korkunov. M. M. Kovalevsky 465
§ 4. The doctrine of law and the state of G. F. Shershenevich 471
§ 5. Neo-Kantian theories of law. P. I. Novgorodtsev. B. A. Kistyakovsky 474
§ 6. Religious and moral philosophy of law in Russia. V. S. SOLOVIEV E. N. Trubetskoy 480
§ 7. Conclusion 486
Chapter 24. Political and legal doctrines in Europe at the beginning of the 20th century. 487
§ 1. Introduction 487
§ 2. Socialist political and legal doctrines 488
§ 3. Political and legal doctrine of solidarism. L. Dugi 501
§ 4. Neo-Kantian concepts of law. R. Stammler 510
§ 5. Psychological theory rights of L. I. Petrazhitsky 513
§ 6. School of "free law" 516
§ 7. Conclusion 519
Chapter 25. Modern political and legal doctrines in Western Europe and the USA 521
§ 1. Introduction 521
§ 2. Neoliberalism and conservatism 522
§ 3. Concepts of pluralistic democracy 526
§ 4. Concepts of the welfare state and welfare policies 531
§ 5. The theory of democratic socialism 535
§ 6. Sociological jurisprudence 539
§ 7. Realistic conceptions of law in the USA 542
§ 8. Normativism of G. Kelsen 545
§ 9. Theories of natural law 549
§ 10. Conclusion 553

History of political

and legal doctrines

5th c. BC. - Strengthening and flourishing of ancient democracy. "Sophos" - wise. Paid teachers of wisdom, incl. in matters of state and law. They did not constitute a single school, but developed various philosophical, political and legal views. There were 2 generations of sophists: older (Protagoras, Gorgias, Prodicus, Hippias, Antiphon, etc.) and younger (Thrasimachus, Callicles, Lycophron, etc.). Many of the older sophists adhered to democratic views in general, among the younger ones there are adherents of both aristocracy and tyranny.

Protagoras (481-411 BC). the legitimacy and justice of the democratic system, recognized the equality of all people - according to their equal participation in wisdom, virtues and the art of public life. The existence of the state presupposes the involvement of all its members in human virtue, to which he refers justice, prudence and piety.

Gorgias (c. 483-375 BC). an adherent of written laws, but justice puts them above them. The world is a friend of the beautiful and the good.

Hippias (460-400 BC). nature (of things) as a natural law opposes an erroneous artificial polis law. The law, ruling over people, forces many things that are contrary to nature.

Antiphon (c. 400 BC). the equality of all people by nature (Greeks and barbarians, noble and simple - the same natural needs) distinguishes between the "laws of the policy" and the "laws of nature" and prefers the 2nd. Education of people in the spirit of the requirements of nature.

Thrasymachus. Politics is the area of ​​manifestation of human forces and interests, the sphere of human, and not divine action. Benefit of the strongest. Power establishes laws in its favor: democracy - democratic laws, tyranny - tyrannical, etc. having established such laws, the authorities declare them just. He noted the role of violence in the activities of the state.

Paul Agrigentian. Interested in practical politics. It is better to create injustice yourself, realizing your desires and goals, than to suffer injustice from others. Justified the arbitrariness of the tyrant.

Callicles. Laws are weak. The strong stand above the weak and command them.

Lycophron. State communication is the result of an agreement between people about mutual union. Law is a simple contract, a guarantee of personal rights. The basis is the natural equality of people.

Alcidamus of Elea (1st half of the 4th century BC). equality of people, including slaves. The deity created everyone free, but nature did not create anyone a slave.

Political and legal doctrine of Hobbes

Thomas Hobbes (1588-1679). An outstanding English thinker, whose political and legal doctrine is contained in his works: “The Philosophical Beginning of the Doctrine of the Citizen” (1642), “Leviathan, or Matter, Form and Power of the Church and Civil State” (1651).

Initially, all people are created equal in terms of physical and mental abilities, and everyone has the same “right to everything” on an equal basis with others. But the greed and selfishness of man lead to the inevitable war of “all against all”. And this is “the natural state of the human race”. In the nature of people there are properties that encourage people to find a way out of their natural position - the fear of death and the instinct of self-preservation, natural reason.

The main natural law says: it is necessary to strive for peace and follow it. Everything else is a means for this. The second natural law is the renunciation of each of his rights to the extent that this is required by the interests of peace and self-defense. The right is transferred under the contract to a certain person or group of persons. The third law: people are obliged to fulfill the agreements they have concluded, otherwise the latter will have no meaning - the source and beginning of justice. There are 16 more natural (immutable and eternal) laws that can be reduced to the rule: do not do to another what you would not want to be done to you.

Exchange and agreement are the prerequisites for establishing peace in the human community.

Natural laws in themselves are not binding. Natural law is the freedom to do or not to do something, positive law is the command to do or not to do something.

The absolute power of the state is the guarantor of peace and the implementation of natural laws. It compels the individual to fulfill them by issuing civil laws which are based on force.

The state is established by people in order to put an end to the "war of all against all." By mutual agreement among themselves, individuals entrust a single person (an individual or a collection of people) with supreme power over themselves. The state is that person, using the strength and means of all people in such a way as it considers necessary for their peace and common defense. The bearer of such a person is the sovereign, who has supreme power, and everyone else is his subject.

Once having concluded an agreement, individuals lose the opportunity to change the chosen form of government, to free themselves from the action of the supreme power. The owner of the supreme power is not bound by any agreement with his people and therefore does not bear any responsibility to them in principle.

Hobbes identifies 2 ways for the emergence of the state: through the voluntary consent of individuals (based on the establishment or political states), or the acquisition of sovereignty by force (based on acquisition).

The sovereign himself issues and repeals laws, declares war and makes peace, resolves and resolves disputes, appoints all officials, etc. the prerogatives of the sovereign are indivisible and not transferable to anyone - Hobbes is against the separation of powers. Sovereignty cannot rightfully be destroyed by the people who agree to establish it.

The state performs police and security functions, encourages the development of the economy, and carries out educational and educational activities.

Freedom is the right to do everything that is not prohibited by civil law. The only measure of good and evil is the civil law, the only judge is the legislator.

The duty of the sovereign is to govern the people well, for the state is not established for its own sake, but for the sake of the citizens.

There are 3 forms of state: monarchy, democracy (people's rule) and aristocracy. They differ from each other not in the nature and content of the supreme power embodied in them, but in differences in suitability for the implementation of the purpose for which they were established.

The people have the right to revolt when the sovereign obliges the individual to kill or maim himself or forbids him to defend himself against the attack of the enemy. The protection of one's own life is based on the highest law of all nature - the law of self-preservation. This law does not have the right to transgress and the sovereign. Otherwise, he risks losing power.

Locke on State and Law

John Locke (1632-1704) - the ideologist of social compromise, whose teachings are set forth in "Two treatises on state government" (1690).

He shared the ideas of natural law, the social contract, popular sovereignty, inalienable freedoms of the individual, the balance of power, the legitimacy of the uprising against the tyrant. But he supplemented the previously known teachings and created the doctrine of early bourgeois liberalism.

Before the emergence of the state, people are in a state of nature, not depending on anyone's will, they freely dispose of their personality and their property, equality prevails. In order for the norms (laws) of communication that operate in the state of nature to be respected, nature endowed everyone with the opportunity to judge those who transgressed the law and subject them to appropriate punishments. However, in the state of nature there are no organs that could impartially resolve disputes between people. All this creates a climate of uncertainty. In order to reliably ensure natural rights, equality and freedom, to protect the individual and property, people agree to form a political community, to establish a state.

The state is a collection of people who have united into one under the auspices or established general law and have created a judicial authority competent to settle conflicts between them and punish criminals. The state embodies political power, that is, the right to create laws in the name of the common good and the right to use the force of the community to enforce these laws and protect the state from attack from outside.

A person does not alienate the right to life, possession of property, freedom and equality to anyone under any circumstances. These inalienable values ​​are the final boundaries of the power and actions of the state, which it is ordered to transgress.

The main goal of the political community is that everyone can provide, preserve and realize their civic interests: life, health, freedom and “possession of such external goods as money, land, houses, household utensils, etc. (Locke - “property”) . The means designed to contribute to the implementation of this goal are legality, separation of powers, the optimal form of government for the nation, the right of the people to revolt in connection with the abuse of power, etc.

Only that act has the title of law, which directs a rational being to behave in accordance with his own interests and serve the common good. The law must necessarily be characterized by stability and long-term action.

Whoever specifically holds the supreme power in the state must govern according to established permanent laws proclaimed by the people, and not by impromptu decrees.

Each person, having agreed with others to form a single political body, subject to one government, undertakes to obey the decision of the majority and consider it final.

The principle of separation of powers. The legislature is the representative institution of the whole nation - the Parliament. Executive - the monarch, the cabinet of ministers. They also deal with foreign countries- federal power.

Plan

1. The place of the history of political and legal doctrines in the system of legal disciplines
2. The subject of the history of political and legal doctrines
3. Methods of the history of political and legal doctrines
4. Periodization of the history of political and legal doctrines

1. Place of the history of political and legal doctrines in the system of legal disciplines

The science as an important area of ​​human activity, it aims to systematize knowledge about objective reality. What is science? It is an ordered body of knowledge about certain phenomena being studied. It is known that science has a complex structure. Types of sciences: technical natural and social. Natural and technical sciences are aimed at studying natural phenomena and technology. The public ones are aimed at a comprehensive study of phenomena associated with the development of society or with various kinds of social values. These sciences also include legal science.

legal science has its own unique structure built on the subject of study. According to a fairly well-established scheme, legal science is divided into several large groups: historical and theoretical, branch, applied sciences. The history of political and legal doctrines is an independent academic discipline at the same time of a historical and theoretical profile.

About the name of the course. The first work in Russia containing a systematic exposition of the doctrines of the state and law belongs to the professor of St. Petersburg University K.A. Nevolin (1806-1855) - "The History of the Philosophy of Legislation". B. Chicherin's five-volume edition, published from 1869 to 1903, was called The History of Political Doctrines. Great distribution called "History of Philosophy of Law". That is what the textbooks of N.M. Korkunova, P.I. Novgorodtseva, G.F. Shershenevich, E.N. Trubetskoy. In the USSR in 1950-70s, the name "History of political doctrines" was adopted. Today - "History of political and legal doctrines", as more accurately and fully reflecting the content of the course.

2. The subject of the history of political and legal doctrines

Politics, state and law are the objects of study of many social sciences (philosophy, political science, sociology and jurisprudence.). Moreover, each of the sciences is distinguished by its specific approach to the study of this common object. So, if the object is, as a rule, common to a number of sciences, then the subject of one science cannot coincide with the subject of another.

The history of political and legal doctrines is one of the historical and theoretical disciplines that are complex in nature: it includes elements of philosophy, political science, sociology, history, and religion. But it is first and foremost a legal science. object its study is the state and law, state-legal phenomena. At the same time, independent legal sciences differ from each other in their subject, which determines their content, the specific approach of each of them to the study of the same object.

The peculiarity of its subject in comparison with the subjects of others legal sciences theoretical (the theory of state and law) and historical (history of state and law) profile is expressed in the fact that it is focused on studying the history of political and legal theories, the patterns of the historical process of the emergence and development of theoretical knowledge about the state, law, politics, legislation and public administration. That is subject history of political and legal doctrines is precisely the history of the emergence and development theoretical knowledge about the state, law, politics, legislation.

The history of the doctrines of law and the state is the history of the emergence and development, conceptually views, ideas, theories, teachings, both individual thinkers and various social groups that express attitude towards social order, state power, law and prevailing in society at a certain stage of its development.

3.Methods of the history of political and legal doctrines

The history of political and legal doctrines is a humanitarian science, which means that the same methods are used in it as in other humanities, taking into account its specifics and features, i.e. philosophical and special scientific methods. You were introduced to the classification of existing methods in the course on the theory of state and law. Therefore, we will not dwell on their characteristics in detail. Let us pay attention only to the specific methods with which this discipline is studied.

For the study of political and legal doctrines, the following are used:

• historical method which allows understanding and evaluating the doctrine in a historical context, taking into account the specific conditions of a given era;
• comparative method, which allows you to compare the same type of political and legal phenomena, and when comparing them, you can identify similarities or differences between them, evaluate these theories;
• system analysis, allows you to study the problems of politics, the state, law, their individual phenomena from the standpoint of their consistency, interconnection;
• structural method allows you to analyze the components of the doctrine and their connections.

Along with these methods are often distinguished: chronological, problem-theoretical, portrait and country studies. As a specific method is called and contextual research method. It focuses on the consideration of each doctrine in the context of the circumstances of the thinker's personal life, each doctrine and direction of thought - in the context of the socio-political and other conditions of the country's life in a particular period of its development.

These and other methods help to highlight the general and the special in the teachings of thinkers, to understand the continuity and development of certain ideas.

4. Periodization of the history of political and legal doctrines

The division of the history of political and legal doctrines into epochs, periods facilitates the assimilation of the material, allows you to correlate this doctrine with a specific stage in the development of mankind, i.e. the problem of periodization of this discipline is closely connected with the problem of periodization of the history of mankind itself. There are several approaches here.

1. Historical approach was proposed by French historians of the XVII-XVIII centuries. In accordance with it, history was divided into the following eras: the Ancient World, the Middle Ages, the Modern Age.

The conditionality of such periodization is obvious, because it is based mainly on Western European material and cannot be fully applied to Russia and the countries of the East - Egypt, India, China, Persia. Historical studies of the latter show that these countries had their own ancient world, their own Middle Ages and modern times. Moreover, these eras did not coincide either in time or in content with the European periodization, which cannot be recognized as universal.

2. Formative approach proposed by Marxism in the middle of the 19th century. It is based on a class criterion, a change in socio-economic formations, i.e. history is seen as a transition from one lower formation to another, higher one. You were introduced to this approach in more detail when studying the theory of state and law. In the USSR and other socialist countries, it was customary to distinguish between two main stages in the development of political and legal doctrines - pre-Marxist and Marxist. Within the framework of the latter, Leninism was spoken of as Marxism in the era of imperialism.

3. Technological approach proposed a more enlarged periodization of history. It was also based on the concept of E. Toffler, who considered the development trends of social systems, using factual material about new technologies. In his main works, the thesis is carried out that humanity is moving to a new technological revolution, that is, the first wave (agrarian civilization) and the second (industrial civilization) are replaced by a new wave leading to the creation of a super-industrial civilization. Here the main criterion is the technological method of production. In history, thus, there were three epochs, three societies: pre-industrial, industrial and post-industrial.

4. Civilization approach proceeds from the fact that the history of mankind is the history of different civilizations, different cultures and religions. At the same time, the ideas and values ​​that are developed and accepted by one civilization can be completely alien to another.

Each of these approaches has its pros and cons. As in the theory of the state, the existing two approaches to the typology of the state: formational and civilizational, are not opposed, but mutually complementing each other, are applied in a complex manner. We will use the most common periodization of the historical process:

At the same time, these major periods will be detailed and considered comprehensively, taking into account the opinions of authoritative authors of textbooks and scientific research and developments in the field of the history of political and legal doctrines.

Educational literature

1. Anthology of world political thought. - M., 1997. V.1-5.
2. Anthology of world legal thought. - M., 1999. V.1-5.
3. History of state-legal doctrines. Textbook. Rep. ed. Lazarev V.V. - M., 2006.
4. History of political and legal doctrines. Ed. V. S. Nersesyants. - M., 2003 (any edition).
5. History of political and legal doctrines. Ed. O. V. Martyshina. - M., 2004 (any edition).
6. History of political and legal doctrines. Ed. O. E. Leist. - M., 1999 (any edition).
7. History of political and legal doctrines: Reader. - M., 1996.
8. History of political and legal doctrines. Ed. V. P. Malakhova, N. V. Mikhailova. - M., 2007.
9. Rassolov M. M. History of political and legal doctrines. - M., 2010.
10. Chicherin BN History of political doctrines. - M. 1887-1889. T.1-5.

1. Vlasova V. B. Tradition as a socio-philosophical category // Philosophical sciences. 1992. No. 2
2. Zorkin VD Patterns of the relationship between legal and philosophical doctrines // Patterns of the emergence and development of political and legal ideas and institutions. - M. 1986.
3. Lazarev VV The course of the history of political doctrines: meaning, subject and method // Leningrad legal journal. 2005. No. 3.
4. Lukovskaya D. I. On the subject of science of the history of political and legal doctrines // Political and legal doctrines: Problems of research and teaching. - M. 1978.
5. Lukovskaya D. I. Political and legal doctrines: historical and theoretical aspect. - L.1985.
6. Lukovskaya D. I. Traditions in the history of legal thought // Introduction to the theory of law (historical and methodological aspect): Educational and scientific manual. SPb. 1996.
7. Rybin A. V. Subject, method and structure of the history of political doctrines // Uch. app. Perm University. T.XXV.1. Legal Sciences. Permian. 1962.
8. Sergevnin S. L. On the ratio of political science. Sciences of the state and jurisprudence //Jurisprudence. No. 6. 1991.

Questions for self-control and preparation for testing

1. What is the object of the history of political and legal doctrines?
2. How can the subject of the history of political and legal doctrines be defined?
3. What is the place of the history of political and legal doctrines among the legal sciences?
4. What is doctrine, theory, doctrine?
5. What methods are used to study the history of political and legal doctrines?
6. What types of periodization do you know?

Brief lecture notes

Compiled by: Art. teacher Garbuzova E.V.

TOPIC 1. SUBJECT AND METHODOLOGY OF THE HISTORY OF POLITICAL

AND LEGAL DOCTRINES

1. The subject and method of the history of political and legal doctrines;

2. Periodization of the history of political and legal doctrines.

1. The subject and method of the history of political and legal doctrines.

The history of political and legal doctrines is a science that can be attributed to the theoretical and historical legal sciences.

The history of political and legal doctrines is closely connected with the General Theory of Law, the Constitutional Law of foreign countries, the history of state and law, the philosophy of law, and the history of philosophy.

As an independent science The history of political and legal doctrines was formed in the Enlightenment as an attempt to explain the patterns of origin, development, functioning and social purpose of the state and law, as well as an attempt to find the optimal model of their relationship.

The subject of the history of political and legal doctrines is a set of ideas, theories, doctrines that give a holistic view of the essence and forms of politics, power, state and law, the patterns of their origin, development and functioning, their place and role in the life of society and man at various stages of historical evolution and in various countries.

The specifics of the history of political and legal doctrines:

1) science studies only holistic, complete systems of views, and not disparate ideas;

2) the subject of the history of political and legal doctrines has the form of doctrines, doctrines, theories;

3) political and legal doctrine (doctrine, theory) - a specific form of understanding, assimilation and transformation of political and legal reality.

The structure of the political and legal doctrine includes 3 elements:

1. the theoretical content of the doctrine - a system of conclusions and provisions that consider the nature, essence and purpose of the political and legal idea;

2. political ideology - a system of ideals and values ​​in which the relations of classes and social groups to the state and law are recognized and evaluated;

3. doctrinal basis - a set of techniques and ways of knowing and interpreting the state and law.

For example, the understanding of the state as the result of a social contract follows from the doctrine of natural law, which was the methodology for explaining political and legal reality in the 17th century. and objectively expresses the interests of the emerging bourgeoisie.

The history of political and legal thought is formed starting from the prehistory of science, passing through the following stages:

1) the prehistory of science - 4 millennium BC. – 18th century AD Science did not yet exist, but many theories were formulated that influenced not only the development of science, but also the policies of specific states.

Initially, the idea of ​​the state and law was expressed in a religious-mythological form; with the development of a rationalistic explanation of reality, the doctrine takes the form of philosophical and ethical theories.

2) institutionalization of the history of political and legal doctrines - XVIII - XIX centuries. Rational-ethical form of knowledge.

3) the modern stage - XX - XXI centuries. Pluralism of views and theories.

Methodology includes 3 groups of methods:

1) general scientific methods:

Historical - allows you to determine the place and significance of the theory in the modern system of knowledge; identify a set of social factors that influenced the development of a particular theory; determines the ideology of the classes that dominate in a certain period of time; establishes the logic of the development of the doctrines of the state and law;

Sociological - determines the social factors, the conditions of society that gave rise to a particular doctrine, and also how this doctrine influenced the life of society;

Normative-value - defines the ideals and values ​​that underlie the doctrine.

2) general logical methods (analysis, synthesis, deduction, induction, etc.).

3) special legal methods (legal modeling, interpretation, comparative legal, etc.).

The use of methods depends on the dominant paradigm, i.e. model of theoretical interpretation, which is a set of cognitive principles and techniques for reflecting political and legal phenomena.

Paradigms:

1) theological (Israel, Western Europe in the Middle Ages, Islamic states);

2) naturalistic ( Ancient Greece, Ancient India, the teachings of Spinoza) Here all political and legal phenomena are explained from the same point of view as natural phenomena;

3) legal ( Ancient China, Persia). All political and legal phenomena are explained from the formal point of view of law;

4) sociological (social) - present.

Educational and Methodological Association of Russian Universities

as a textbook for law schools

Vorotilin E. A., cand. legal Sciences, Associate Professor - Ch. 2, 3, 4 (§ 1, 2), Ch. 14 (§ 1-4, § 6 in collaboration with O. E. Leist), ch. 17 (§ 1-3), ch. 25 (§ 5), ch. 26 (§ 1-4, 6-9);

Leist O. E, doc. legal sciences, professor - ch. 1, 4 (§ 3-5), ch. 5, 6, 9, 10, 13, 14 (§ 5, 7, 8, § 6 in collaboration with E. A. Vorotilin), ch. 16, 17 (§ 4), ch. 18, 19, 20, 21, 22, 23, 25, (§ 1-4, 6, 7), ch. 26 (§ 10), Conclusion;

Machin I.F, cand. legal Sciences, Associate Professor - Ch. 27;

Strunnikov V. N, doc. legal sciences, professor - ch. 12, 15, 26 (§ 5);

Tomsinov V. Ah, doc. legal sciences, professor - ch. 7, 8, 11;

Frolova E. A., Ph.D. legal Sciences, Associate Professor - Ch. 24.

Chapter 1. SUBJECT OF THE HISTORY OF POLITICAL AND LEGAL DOCTRINE

§ 1. History of political and legal doctrines in the system of legal disciplines

The history of political and legal doctrines is one of the historical and theoretical disciplines. The task of this discipline is to acquaint the student with the content and history of the most significant and influential theoretical concepts of the state and law of past eras. Each great era of a state-organized society had its own theory of state and law, more often several theories. The study of these theories and their connection with contemporary issues law and the state is just as important for the training of highly qualified jurists as for philosophers the study of the history of philosophy, for economists - history economic doctrines, for art historians - the history of aesthetics, etc.

The study of the history of political and legal doctrines is relevant already for the reason that a number of problems related to the state, law, politics were repeatedly discussed in previous eras, as a result of which a system of arguments in favor of one or another solution to these problems has developed. In discussions and disputes, such topical issues were resolved as the problems of legal equality or estate privileges, human rights, the relationship between the individual and the state, the state and law, society and the state, politics and morality, democracy and technocracy, reforms and revolutions, etc. Knowledge of various options for solving these problems and the rationale for decisions - a necessary part of the political and legal consciousness of a qualified jurist.

The study of the history of political and. legal doctrines already in the last century was integral part higher legal education. On law faculties universities, this discipline was first called "History of Political Doctrines" (a general course under this title was prepared and published by Professor of Moscow University B.N. Chicherin), then - "History of the Philosophy of Law" (lecture courses in Moscow by Professor G.F. Shershenevich, in Petersburg - Professor N. M. Korkunov). After 1917, this discipline was called differently: "History of political doctrines", "History of doctrines about the state and law", "History of political and legal doctrines".

At present, the importance of the history of political and legal doctrines as a school of alternative thinking is sharply increasing in our country, which makes it possible to compare various theories, directions of political and legal thought, taking into account the centuries-old discussion about these problems. A feature of our time is the formation of ideological pluralism, the recognition of various options for thinking in the scientific, professional, and everyday consciousness. The competition of ideological currents, the exchange of arguments and problems make it possible to get rid of the narrowness and one-dimensionality of an ideologically deformed consciousness, oriented for many years to the dominant official worldview.

When presenting political and legal doctrines, concepts and categories are used, many of which were studied by students in the course of the theory of state and law. Political and legal doctrines arose and developed in organic connection with the history of the state and law, reflecting contemporary political and legal institutions. Therefore, the history of political and legal doctrines is studied after students have studied the history of state and law. Based on the needs and demands of domestic jurisprudence, the training course is based mainly on the materials of the history of Russia and Western Europe. The curriculum and the textbook take into account the specifics of higher legal education, the need for the most economical presentation of topics, problems, dates, names. For the orientation of students in time, the textbook indicates the dates of the life of various thinkers and the years of publication of their works. You do not need to memorize these dates when preparing for the exam; it is necessary to know exactly in what century this or that political and legal doctrine was created. If the century is complex and rich in events, you should definitely remember which part of the century is being discussed (beginning, middle, end), to which era the activity of the author of the political and legal doctrine belongs. Of course, ignorance of some dates (for example: 988, 1640-1649, 1688, 1776, 1789-1794, 1812, 1825, 1861, etc.), indicating insufficient preparation in history, cannot but affect the assessment of knowledge student in this discipline.

The curriculum of the course "History of Political and Legal Doctrines" contains the works of political thinkers - the main sources recommended for students and listeners for independent study.

§ 2. The concept and structure of political and legal doctrines

The subject of the history of political and legal doctrines are theoretically formalized in the doctrine (teaching) views on the state, law, politics.

The political and legal doctrine includes three components:

1) logical-theoretical, philosophical or other (for example, religious) basis (methodological core of the doctrine);

2) expressed in the form of a conceptual and categorical apparatus, meaningful solutions to questions about the origin of the state and law, the patterns of their development, the form, social purpose and principles of the structure of the state, the basic principles of law, its relationship with the state, personality, society, etc .;

3) program provisions - assessments of the existing state and law, political goals and tasks.

Logical-theoretical basis political and legal doctrine is connected with other forms of social consciousness, with the worldview of the era.

The political teachings of the Ancient World relied mainly on religious (in the states of the Ancient East) and philosophical (Ancient Greece and Ancient Rome) justification. The outlook of the Middle Ages was religious, theological. Rationalism became the method of thinking of the New Age. The inability of pure rationalism to cognize and explain a number of phenomena of social and political development paved the way for the emergence and development of sociology, political science and other social sciences that study state and law.

The traditional range of issues, the solution of which forms the content of political and legal doctrine, includes questions about the origin of the state and law, about their connection with society, with the individual, with property relations, about the forms of the state, its tasks, methods political activity, relations between the state and law, about the basic principles and forms (sources) of law, about the rights of the individual, etc.

The subject of the history of political and legal doctrines includes only doctrines containing solutions to general problems of the theory of state and law. Almost each of the branch legal sciences has its own history (the history of the main schools and trends in the theory of criminal law, the history of the concept legal entity and other civil law concepts, history of science international law and etc.). The history of political and legal doctrines turns to the views of thinkers of the past on solutions to the problems of branch legal sciences only when these solutions are inextricably linked with a general theoretical concept, they are a form of its expression.