A neighboring community is several clan communities (families) living in the same area. Each of these families has its own head. And each family runs its own farm and uses the produced product at its own discretion. Sometimes a neighboring community is also called rural or territorial. The fact is that its members usually lived in the same village.

The tribal community and the neighboring community are two successive stages in the formation of society. The transition from a tribal community to a neighboring one became an inevitable and natural stage in the life of ancient peoples. And there were reasons for this:

• The nomadic lifestyle began to change to a sedentary one.
• Agriculture became arable rather than slash-and-burn.
• The tools for cultivating the land became more advanced, and this, in turn, sharply increased labor productivity.
• The emergence of social stratification and inequality among the population.

Thus, there was a gradual disintegration of tribal relations, which was replaced by family ones. Common property began to fade into the background, and private property came to the fore. However, for a long time they continued to exist in parallel: forests and reservoirs were common, and livestock, housing, tools, and plots of land were individual benefits. Now every person began to strive to do his own business, earning a living from it. This undoubtedly required the maximum unification of people so that the neighboring community continued to exist.

Differences between a neighborhood community and a tribal community

How does a tribal community differ from a neighboring community?

• Firstly, the fact that in the first a prerequisite was the presence of family (blood) ties between people. This was not the case in the neighboring community.
• Secondly, the neighboring community consisted of several families. Moreover, each family owned its own property.
• Thirdly, the joint labor that existed in the clan community was forgotten. Now each family worked on their own plot.
• Fourthly, in neighboring community so-called social stratification appeared. stood out more influential people, classes were formed.

A person in a neighboring community has become more free and independent. But, on the other hand, he lost the powerful support that he had in his tribal community.

When we talk about how a neighboring community differs from a tribal community, it is necessary to note one very important fact. The neighboring community had a great advantage over the clan: it became a type of not just social, but socio-economic organization. She gave a powerful impetus to development private property and economic relations.

Neighborhood community among the Eastern Slavs

Among the Eastern Slavs, the final transition to a neighboring community occurred in the seventh century (in some sources it is called “rope”). And this kind social organization lasted long enough. The neighboring community did not allow the peasants to go bankrupt; mutual responsibility: The richer helped out the poor. Also, in such a community, rich peasants always had to focus on their neighbors. That is, social inequality was still somehow restrained, although it naturally progressed. Characteristic feature for the neighboring Slavic community there was mutual responsibility for the committed misdeeds and crimes. This also applied to military service.

Finally

Neighborhood community and clan community are types of social structure that existed at one time in every nation. Over time, there was a gradual transition to a class system, to private property, and to social stratification. These phenomena were inevitable. Therefore, the communities have become a thing of history and today are found only in some remote regions.

Neighborhood community and tribal community.

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;color:#000000">Introduction……………………………………………………………………………….	;color:#000000">3
">Chapter 1. The system of authorities and management in the ancestral community, tribal and neighboring communities………………………………………………………………………………..	;color:#000000">5
">Periodization of the development of primitive society…………………….	;color:#000000">5
;color:#000000">1.2 ">Types of primitive communities and the organization of management in them……….	;color:#000000">8
">Chapter 2. The system of authorities and management of the tribal and neighboring communities………………………………………………………………….	;color:#000000">12
;color:#000000">2.1 Organization of management in a primitive community………………………	;color:#000000">12
;color:#000000">2.2 ">Regulatory regulation in the pre-state era…………..	;color:#000000">18
;color:#000000">Conclusion………………………………………………………………….	;color:#000000">25
;color:#000000">List of sources used………………………………………………………..	;color:#000000">28

">INTRODUCTION

">Being dependent on nature, on harsh climatic conditions, people had to act together. Since they could survive only in a collective, this determined the appropriate social organization of society - clan, clan community. Clan is in in a certain sense family (i.e. relatives), is also a family-production union of people based on blood or presumed kinship, collective labor, joint consumption, common property and social equality. In order to survive, people had to work together to produce the necessary material goods for life. This determined the joint ownership of property and production goods and the equal distribution of these goods.

">Clan community, being a form of organization human society, knew power and control. Power and society coincided, each member of society is a carrier of a particle of power. Management bodies and authorities are not separated from society. The difference between members of society is only based on gender and age.

">Primitive society was more or less homogeneous collectivist, did not know social and other stratification. Gradually, the structure of society changed: with changes in economic relations, social communities, groups, classes appeared, having their own interests and characteristics. Together with human society, social power arises as its integral and necessary element. It imparts integrity, controllability to society, and serves. important factor organization and order. It is a stimulating element that ensures the vitality of society. Under the influence of power, social relations become purposeful, acquire the character of managed and controlled connections, and the joint life of people becomes organized. Thus, social power is an organized force that ensures the ability of one or another social community clan, group, class, people (ruling subject) "> to subjugate people (subjects) to your will, using various methods, including the method of coercion.

">The purpose of the course work: to study the organization of power in primitive society.

">Tasks of the course work:

">- study the system of authorities and management in the ancestral community, the tribal and neighboring communities;

">- study the system of authorities and management in the tribal and neighboring communities.

">The information base for writing the course work was teaching aids and literature by various authors.

">Power in primitive society personified the strength and will of the clan or unions of clans; the source and bearer of power (the ruling subject) was the clan, it was aimed at managing the general affairs of the clan, all its members were subject to (the object of power). Here the subject and object of power completely coincided, therefore it was directly social in nature, that is, inseparable from society and not political. The only way to implement it was public self-government. Neither professional managers nor special enforcement bodies existed at that time.

;font-family:"Arial";color:#000000">

">CHAPTER 1

"> SYSTEM OF POWER AND CONTROL BODIES IN THE PRIOR COMMUNITY OF THE FAMILY AND NEIGHBORHOOD COMMUNITY

1. ">Periodization of the development of primitive society

">In the history of human society, primitive society occupies a fairly significant period of time - several millennia. It went through several periods in its development.

">For a long time there were two periods">matriarchy "> and ">patriarchy ">. It was believed that in the beginning there existed">matriarchy, "> that is, the maternal clan, in which the woman dominated, and the kinship in which was carried on through the maternal line. In place of">matriarchy "> comes ">patriarchy, "> with which the decomposition of primitive society begins. In modern science This periodization has been criticized, and some scientists believe that">matriarchy "> took place only among some peoples, in addition,">matriarchy "> is seen as a dead-end development path.

">Instead of this periodization, modern science proposes another periodization, according to which primitive society goes through">three periods">:

" xml:lang="en-US" lang="en-US">p">Anniy "> the period of formation of the primitive communal system, the period of the ancestral community;

" xml:lang="en-US" lang="en-US">c">red "> period of maturity of primitive society, tribal community;

">late "> the period of collapse of the clan community or the era of class formation.

">In addition to this periodization, modern science also proposes another periodization: primitive society goes through two stages or periods:

">first "> period of appropriating economy;

">second "> period of the producing economy.

">Before its decomposition, primitive society existed for several thousand years, but was at a rather low level of development; the economy of this period was appropriative.

">Being dependent on nature, on harsh climatic conditions, people had to act together. Since they could only survive in a team this determined the appropriate social organization of society"> clan, clan community">.">Rod "> this is in a certain sense a family (since relatives), it is also a family-production union of people based on blood or presumed kinship, collective labor, joint consumption, common property and social equality. In order to survive, people had to work together, produce the necessary material goods for life. This determined.">joint ownership"> on property and production goods and">equalization distribution"> these ">benefits ">.

">The clan community, being a form of organization of human society, knew power and control. Power and society coincided, each member of society is a bearer of a particle of power. The bodies of government and power are not separated from society.">The difference between members of society is only by"> ">sex and age.

">Power in primitive society is usually called">pathestary ">. Such power did not know any property, estate or class differences, it was not of a political nature, was not cut off from society, did not stand above it, and was based on the strength of public opinion. Power in primitive society was essentially">primitive communal democracy">, which was built on the principles of self-government and did not know a special category of people who would only exercise power and control and did not participate in production activities.

">Power in the clan community belonged to">To the People's Assembly of all adult members of the clan">, which decided all the most important issues of the life of the clan, also performed a judicial function. Powers were vested in the Council of Elders, as well as elders, leaders, military leaders, and priests. The Council of Elders met sporadically, where issues were first considered and then submitted to the People's Assembly.

">Elders, military leaders">were ">first among equals,"> were elected based on personal qualities (physical strength, organizational skills, etc.) and initially did not have any privileges. At any time">elder "> could be removed from office by the clan assembly and replaced by another. In addition to the elders, he was elected during the war">warlord "> if necessary, other officials:">sorcerers, shamans, priests"> and others.

">Over time, the leaders of the clan community accumulated management experience and special knowledge that was passed on by inheritance.

">Due to changes in natural and climatic conditions, a decrease in the biomass of animals (due to constant hunting for them and deforestation), people were forced to expand their nutritional diet at the expense of plant foods. Many tribes began to engage primarily">agriculture. "> In addition, people noticed that it is easier to breed and domesticate animals than to constantly hunt them appeared">cattle breeding">. Appeared ">first division of labor">, the production result began to largely depend on the individual. For the first time,">surplus product">, which can be freely alienated. The division of labor led to the improvement of the tools of labor, their diversity craft grew into an independent branch of production. Appeared">exchange "> the results of labor between cattle breeders, farmers and artisans appeared">merchants">.

">Individualization of labor and the production of excess product led to">division of property"> into private (created by personal labor) and common (received from ancestors, land). Private property was concentrated in the hands of persons who exercised power, first sporadically, then systematically. In addition, all persons vested with public power receive privileges (for part of military spoils, etc.) Public power increasingly moved away from society, its powers expanded, society was divided into rich and poor. Slaves and captives of other tribes appeared.

">Causes of the emergence of the state:

">1. division of labor (transition from an appropriating economy to a producing one);

">2. the emergence of private property;

">3. the emergence of classes.

">In any society there are">social regulators"> that affect the development public relations, on people's behavior. In primitive society there was"> mononorm system">, which regulated the relationships between its members that were significant for the life of the clan community. Mono-norms were uniform, binding, indisputable for the entire society, they were developed by society itself in the process of everyday life. There is no difference in rights and responsibilities in them. Only later do the first ones appear">taboo "> they were isolated, for example, “they will not destroy close relatives,” “prohibitions on self-mutilation,” “prohibition on incest.” These prohibitions were the result of objective reasons contributed to the survival of the clan community.

">In addition to the clan community, primitive society also knew some other more large forms organizations. This"> phratries "> (brotherhoods), ">tribes, tribal unions">. These forms of organization were not much different from the clan community.">Phratry ">was considered an intermediate form between a clan community and a tribe; a union of several clans closely related to family ties.

1. ">Types of primitive communities and the organization of management in them

">It is customary to distinguish between three types of communities: clan community, family and neighborhood.

">1. The clan community replaces the primitive herd, and is an economic and social association of blood relatives at the early stage of the primitive communal period matriarchy.

">Joint work activity, a common home, a common fire all this united, rallied people. There was a strengthening of social ties caused by the need for a joint struggle for their existence. Unlike animals, man no longer cared only about himself and his own children, but also about the entire community. Instead of eating all their prey on the spot, the hunters of the Mousterian period carried it to a cave, where the women, as well as the children of the clan, remained by the blazing fire.

">Thanks to hunting and relative sedentism, dwellings began to serve not only as protection from unfavorable natural conditions and large predators, but also became economic bases, places for storing food and their preparation, a place for making tools and processing hides, etc.

">This is how the first oldest forms clan society, the maternal clan community, in which all its members were connected by ties of kinship. Due to the forms of marriage relations existing at that time, only the mother of the child was well known, which, together with the active role of the woman in economic life, as the keeper of the hearth, determined her high social position.

">Further development of the family followed the line of narrowing the circle of persons participating in marital communication between generations of parents and children, then between half-brothers and sisters, etc.

">2. Family community (household, patriarchal family) the next stage of the community after the clan, which arose from the clan community during the period of development of matriarchy into patriarchy. This was a transition from group marriage based on maternal right, first to large patriarchal families, and in further to modern families.

">The emergence of a family community is associated with the development of social relations and tools, the complication of farming technologies (the transition to plow farming, cattle breeding, etc.). A family community usually includes several generations of immediate relatives - descendants of one father with their wives and children, sometimes with sons-in-law and other relatives. The size of the family community could reach 100 or more people. The basis of the family community is the collective ownership of land and tools of common use, the collective nature of labor and practically equal consumption of products.

">In the first stages of the development of the family community, management was of a democratic nature, where the head of the family was considered the “elder” man (not necessarily the oldest), often elected (the one who knew more than others, was able to organize others...). The power of the “elder” limited to the advice of adult men of the entire family community. Along with the man, the household was also headed by the “elder” woman, usually the wife of the “elder” man.

">With the development of the patriarchal family, the head of the family became more and more powerful, the election of the “elder” disappears, and is replaced by the right to inherit the position of “elder.” The common ownership of the land and tools of the family gradually becomes the sole property of the elder, turning into private property. The “elder” acquires full power over other family members. Subsequently, both the property and the resulting money also become the property of the head of the family community. Within the depths of the family, a property and legal distinction appears that are closer to the head of the community (sons and daughters) and become heirs of all or part. common property. The disintegration of large communal families into smaller ones with their own part of the property begins. This ultimately leads to the disintegration of patriarchal families.

">During the period of patriarchy, the family community is part of the patriarchal clan. Then the family community develops into a neighboring community.

">3. The neighboring (rural, land) community is historical form social relations that arose during the period of collapse of tribal relations. The basis of the neighborhood community is family ownership of part of the main means of production and the family nature of labor. The neighboring community consists of many small, almost independent families of the modern type (dualism). During the period of existence of the neighboring community, humanity began to be divided in property due to differences in abilities, skills, entrepreneurship, and hard work.

">At the same time, the level of development also required the need to maintain the unity of the neighboring community. At the first stage of the neighboring community, uniform ownership of arable land, forests, pastures and other lands was maintained. But in private ownership there was already a house, yard, livestock, etc. arable land and other lands also became private property. With the development of the neighboring community, kinship ties lose their significance and strength, they are replaced by neighborly and territorial ties. The localization of clans and the kinship unity of settlements are disrupted. new places or to other clans. A neighboring type of settlements arises, which includes representatives of various clans. Initially, neighboring communities consisted of large family communities, but as they developed they became smaller and smaller, down to the modern form.

">In the neighboring communities, close kinship relationships still remained, as a result of which many related family communities or small families in the settlement were located nearby, creating so-called ancestral quarters, and owned adjacent lands. But with further development, this kinship gradually lost its significance Neighborhood communities were most developed in the territories Ancient East, where they existed for millennia.

">Thus, the ancient people who appeared at the dawn of the human era were forced to unite into herds in order to survive. These herds could not be large no more than 20-40 people because otherwise they would not be able to feed themselves. The primitive herd was headed by a leader , advanced due to personal qualities, individual herds were scattered over vast territories and had almost no contact with each other.

">CHAPTER 2

"> SYSTEM OF POWER AND CONTROL BODIES IN THE FAMILY AND NEIGHBORHOOD COMMUNITY

">2.1 Organization of management in a primitive community

">Considering primitive society, social management(power) and regulatory regulation in it, different researchers adhere to different concepts on this issue.

">Power in primitive society was not homogeneous. At the head of the family-clan group was the father-patriarch, the eldest among the younger relatives of his generation and subsequent generations. The head of the family group is not yet the owner, not the owner of all its property, which is still considered general, collective. But thanks to his position as the senior and responsible leader of the economy and the life of the group, he acquires the rights of a manager who decides how much to allocate for consumption and what to leave as a reserve, for accumulation, etc. determines how to dispose of surpluses, the use of which is closely related to relationships in the community as a whole. The fact is that the family unit, being part of the community, occupies a certain place in it, and this place, in turn, depends on a number of factors, objective and subjective.

">The problem of resources in a community at an early stage of its existence is usually not a problem; there is enough land for everyone, as well as other land. True, some things depend on the distribution of plots, but this distribution is made taking into account social justice, often by lot. Another thing subjective factors, which manifested themselves so noticeably in the local group and, perhaps, even more noticeable in the community, although in a slightly different way. Some groups are more numerous and more efficient than others; some patriarchs are smarter and more experienced than others. All this affects the results: some groups. turn out to be larger, more prosperous, others weaker. fewer women- therefore, there are fewer children. In short, inequality inevitably arises between groups and households. It is not that some are full, others are hungry, because in the community there is a reliably functioning mechanism of reciprocal exchange, which plays the role of insurance.

">In a community there are always several higher prestigious positions (elder, council members), the possession of which not only increases rank and status, the applicants who seek them, mainly from the heads of family groups, must either acquire considerable prestige in approximately the same way as it was done in local groups, that is, through generous distributions of surplus food. But if in a local group the applicant gave what he himself had obtained, now the head of the group could distribute what was obtained by the labor of the entire group, whose property he had the right to dispose of. the elder had the right to dispose of the community’s resources at his own discretion, and this in turn indicates the great authority of the elder, and this is already an indicator of the manifestation of power.

">When talking about the social structure, power and management in a primitive society, it is necessary to keep in mind mainly the period of a mature primitive society, because during the period of collapse the primitive communal system and the power and management inherent in it undergo certain changes.

">The social structure of a mature primitive society is characterized by two main forms of unification of people - clan and tribe. Almost all the peoples of the world passed through these forms, in connection with which the primitive communal system is often called the tribal organization of society.

">The clan (tribal community) is historically the first form of social association of people. It was a family-production union based on blood or presumed kinship, collective labor, joint consumption, common property and social equality. Sometimes the clan is identified with the family. However, this is not Quite so, a clan was not a family in its modern sense. A clan is precisely a union, an association of people connected by family ties, although in a certain sense a clan can also be called a family.

">Another most important form of social association of primitive people was the tribe. A tribe is a larger and later social formation that arises with the development of primitive society and an increase in the number of tribal communities. A tribe is a union of tribal communities based, again on kinship ties, which has its own territory, name, language, common religious and everyday rituals. The unification of clan communities into tribes was caused by various circumstances, including such as joint hunting of large animals, repelling attacks from enemies, attacks on other tribes, etc.

">In addition to clans and tribes, in primitive society there are also such forms of unification of people as phratries and tribal unions. Phratries (brotherhoods) are either artificial associations of several related clans, or the original branched clans. They were an intermediate form between clan and tribe and did not take place among all, but only among some peoples (for example, among the Greeks, tribal unions were associations that arose among many peoples, but already during the period of the disintegration of the primitive communal system, they were created either to wage wars or to protect against. external enemies. According to some modern researchers, it was from tribal alliances that early states developed.

">Clans, phratries, tribes, tribal unions, being various forms social association of primitive people, at the same time differed little from each other. Each of them is just a larger one, and therefore more complex shape compared to the previous one. But they were all the same type of associations of people, based on blood or presumed kinship.

"> Let us consider how Marx K. and Engels F. imagined power and control during the period of mature primitive society.

">Power as the ability and opportunity to exert a certain influence on the activities and behavior of people using any means (authority, will, coercion, violence, etc.) is inherent in any society. It arises with it and is its indispensable attribute. Power gives society organization, controllability and order. Public power is public power, although public power often means only state power, which is not entirely correct. Management, which is a way of exercising power and putting it into practice, is closely related. - means to lead, to dispose of someone or something.

">The public power of primitive society, which, unlike state power often called potestar (from the Latin “potestas” power, power), the following features are inherent. Firstly, she was not cut off from society and did not stand above it. It was carried out either by the society itself or by persons chosen by it, who did not have any privileges and could be revoked at any time and replaced by others. This government did not have any special management apparatus, any special category of managers, which is available in any state. Secondly, the public power of primitive society was based, as a rule, on public opinion and the authority of those who exercised it. Coercion, if it took place, came from the entire society clan, tribe, etc., and any special coercive bodies in the form of the army, police, courts, etc., which again exist in any state , it wasn’t here either.

">In the clan community as the primary form of unification of people, power, and with it management, looked like this. The main body of both power and management was, as is commonly believed, the clan assembly, which consisted of all adult members of the clan. It decided everything the most important issues of the life of the clan community. To resolve current, everyday issues, it chose an elder or leader from among the most authoritative and respected members of the clan. He did not have any privileges in comparison with other members of the clan. productive activity and, like everyone else, received his share. His power rested solely on his authority and respect for him from other members of the clan. At the same time, he could be removed from his position by the clan assembly at any time and replaced by another. the leader, the clan assembly elected a military leader (military leader) for the duration of military campaigns and some other “officials” - priests, shamans, sorcerers, etc., who also did not have any privileges.

">In the tribe, the organization of power and management was approximately the same as in the clan community. The main body of power and management here, as a rule, was the council of elders (leaders), although along with it there could also be a people's assembly (meeting of the tribe). The council of elders included elders, leaders, military leaders and other representatives of the clans that make up the tribe. The council of elders decided all the main issues of the life of the tribe with the broad participation of the people. To resolve current issues, as well as during military campaigns, the leader of the tribe was elected, whose position was practically nothing. did not differ from the position of an elder or leader of the clan. Like the elder, the leader of the tribe did not have any privileges and was considered only the first among equals.

">The organization of power and administration in phratries and tribal unions was similar. Just as in clans and tribes, here there are people's assemblies, councils of elders, councils of leaders, military leaders and other bodies that are the personification of the so-called primitive democracy. No special apparatus control or coercion, as well as power divorced from society, does not yet exist here. All this begins to appear only with the decomposition of the primitive communal system.

">Thus, from the point of view of its structure, primitive society was a fairly simple organization of human life, based on family ties, collective labor, public property and social equality of all its members. Power in this society was truly popular in nature and built on the principles of self-government. There was no special administrative apparatus that exists in any state, since all issues of public life were decided by society itself, and there was no special coercive apparatus in the form of courts, army, police, etc., which is also a property of any state. Coercion, if there was a need for it (for example, expulsion from a clan), came only from society (clan, tribe, etc.) and from no one else. In modern language, society itself was the parliament, the government, and the court. .

">The features of the power of the clan community are as follows:

">1. Power was of a public nature, emanating from society as a whole (this was manifested in the fact that all important matters were decided by a general meeting of the clan);

">2. Power was built on the principle of consanguinity, that is, it extended to all members of the clan, regardless of their location;

">3. There was no special apparatus of management and coercion (authority functions were performed as an honorable duty, elders and leaders were not exempt from productive labor, but carried out both managerial and production functions- hence, power structures were not separated from society);

">4. The occupation of any positions (leader, elder) was not influenced by either the social or economic status of the applicant; their power was based solely on personal qualities: authority, wisdom, courage, experience, respect of fellow tribesmen;

">5. Performing managerial functions did not provide any privileges;

">6. Social regulation was carried out using special means, the so-called mononorms.

">2.2 Regulatory regulation in the pre-state era

"> Let us consider normative regulation in the pre-state era. At the end of the 70s, the concepts of primitive mononorm and mononorm were proposed to Russian ethnology. By mononorm was meant an undifferentiated, syncrete rule of behavior that cannot be attributed to either the field of law or the field of morality with its religious awareness, nor to the field of etiquette, since it combines the features of any behavioral norm.

">The concept of a primitive mononorm has received noticeable recognition and further development in Russian ethnology, archeology, and most importantly, in theoretical jurisprudence. Scientists have begun to distinguish two stages in the evolution of primitive mononorm: classical and dating back to the time of its stratification.

">A special opinion regarding the first stage of mononormatics was expressed by the largest Russian historian of primitiveness, Yu.I. Semenov. At the beginning of this stage, he identified tabooite - a set of not always understandable, but formidable instructions punishable by death for such grave crimes as, for example, incest, violation of exogamy, As is known, violation of exogamy is one of the manifestations of sexual taboos, to which an impressive literature is devoted.

">The question of the origin of law, just like the question of the origin of the state, does not have an unambiguous solution in the modern domestic theory of state and law. If in the Soviet period the dominant point of view was that law arises simultaneously with the state due to the same reasons for the split of society into antagonistic classes, but at present other opinions are being expressed on this matter.

">If we summarize the opinions expressed in modern Russian literature regarding the time and reasons for the emergence of law, we can distinguish three main positions. Some researchers still associate the emergence of law with the emergence of the state, although they see the reasons for its emergence not so much in the split of society into antagonistic classes, how much predominantly in the development of the producing economy and the need for its regulation. According to others, law does not arise simultaneously with the state, but somewhat earlier, when commodity-market relations begin to take shape and develop, since it is precisely this kind of social relations that require law and legal regulation. Some representatives of this point of view believe that the emergence of law entailed the emergence of the state, since law needed to be ensured by an organized force, and only the state could be such a force capable of ensuring the normal functioning of law. Representatives of the third point of view proceed from the fact that. law arises simultaneously with society, since without law society can neither exist nor develop. The initial postulate of this position is: where there is society, there is law.

">In the Russian language, as well as in other languages, the word “law” has different meanings. Even legal science uses this word in different senses. Therefore, speaking about the origin of law, it would not be superfluous to clarify the origin of which law we're talking about natural or positive. The fact is that in the Russian theory of state and law it is now customary to distinguish between natural law and positive law. Natural law is law in the so-called general social sense. This is a socially justified opportunity, the freedom of certain behavior of people. People, entering into various relationships with each other (social relations), have the opportunity to perform certain actions, the ability to behave in a certain way in a given situation. Such opportunities appear as if on their own, naturally, in the process of people communicating with each other. They receive public recognition and become entrenched in certain rules ah behavior (primarily in customs).

">Positive law is a right in the legal sense. These are rules (norms) of human behavior established or sanctioned (permitted, approved) by the state, containing various instructions regarding how one can or should behave in a given situation.

">Natural and positive law can be interconnected. But they are not identical to each other and do not arise at the same time. Historically, natural law was the first to arise, receiving its expression and consolidation in the norms of behavior of a primitive society. There is no clear answer to what these norms were science does not. However, many researchers are inclined to believe that these norms were primitive customs that gradually developed in communication between people and were then passed on from generation to generation. They “lived” in the minds of people and did not appear directly in writing. in people's behavior, often taking the form of rites and rituals.

">Were primitive customs law? Some of the modern researchers answer this question in the affirmative. However, one can agree with this only if law here is understood as natural law. But even in this case, it is hardly correct to call primitive customs law, since in them, primitive religion and primitive morality found their expression to a no less (if not greater) extent. In this regard, primitive customs can just as easily be called religion or morality. Moreover, these customs did not yet clearly distinguish between the rights and duties of members. Therefore, it is quite justified to call them mononorms, as many modern researchers do, given that in primitive customs, legal, religious, and moral principles are expressed syncretically, i.e. in unity, in an undivided form.

">With the transition of primitive society to a producing economy, with the emergence and development of commodity-market relations, new customs gradually begin to take shape, customs with actual legal content. In them, unlike primitive customs, rights and obligations, i.e., the possibility, are already distinguished and the need for certain behavior. So legal customs or customary law arise. Was it law in the legal sense? It seems that it is not yet, since law in the legal sense is a positive law, a law either established or sanctioned by the state. there was, but there was a pre-state period. Therefore, the legal customs of this period are not yet positive law, but proto-law, a law that has not lost its natural character, but has already begun to acquire certain legal qualities. This was expressed at least in the fact that, along with rights. legal customs began to differentiate responsibilities.

">Finally, with the emergence of the state, positive law arises, i.e. law in the legal sense. It is already ensured by the state, state coercion and clearly delineates legal rights and obligations. It is customary to distinguish three main ways of the emergence of positive law authorization of customs, creation of legal precedents and establishment of regulatory legal acts.

">The sanctioning of customs (more precisely, legal customs) is the earliest method of the emergence of positive law. It was expressed in the fact that state bodies, primarily courts, when resolving specific issues, based their decisions on the relevant legal customs, thereby giving these customs legal significance. Over time, legal customs began to be systematized and acquired written form. This is how the first sources of positive law arose.

">Creating legal precedents is also a fairly early way of the emergence of positive law. In some states (for example, in England), court decisions made on the basis of legal customs gradually became models, original standards for resolving similar cases. These kinds of judicial and then administrative decisions , formed case law, which became another source of positive law.

">The establishment of normative legal acts (laws, ordinances, decrees, etc.) is considered a later method of the emergence of positive law compared to the first two. It is expressed in the publication by government bodies of special documents (normative legal acts) that contain legal norms rules of conduct emanating directly from the state. The state resorts to this method either when legal customs and legal precedents are no longer sufficient to regulate social relations, or when the state, especially represented by it. central authorities, strives to actively influence social life. This method of emergence of positive law is especially characteristic of modern states.

">The system of normative regulation in primitive society is characterized by the following features:

">1. Natural (like the organization of power) character, a historically determined process of formation.

">2. Action based on the mechanism of custom.

">3. Syncreticity, indivisibility of the norms of primitive morality, religious, ritual and other norms.

">4. The prescriptions of mononorms did not have a granting-binding nature: their requirements were not regarded as a right or obligation, because they were an expression of socially necessary, natural conditions of human life. F. Engels wrote about this: “There is still no difference within the tribal system between rights and duties; for an Indian there is no question whether participation in public affairs, blood feud or the payment of a ransom for it is a right or a duty; such a question would seem to him as absurd as the question whether food, sleep, hunting are rights. or a duty? A member of the clan simply did not separate himself and his interests from the clan organization and its interests.

">5. Dominance of prohibitions. Mainly in the form of a taboo, that is, an indisputable prohibition, the violation of which is punishable by supernatural forces. It is assumed that historically the first taboo was the prohibition of incest and consanguineous marriages.

">6. Extension only to a given tribal collective (violation of custom “related matter”).

">7. Normative and regulatory significance of myths, sagas, epics, tales and other forms of artistic social consciousness.

">8. Specific sanctions condemnation of the offender’s behavior by the clan community (“public censure”), ostracism (expulsion from the clan community, as a result of which the person found himself “without clan and tribe,” which was practically tantamount to death). Corporal punishment was also used damage and death penalty.

">Law, like the state, arises as a result of the natural-historical development of society, as a result of processes occurring in the social organism. At the same time, there are various theoretical versions of the origin of law. One of them is very thoroughly set out in the theory of Marxism. Approximate diagram is as follows: social division of labor and growth of productive forces surplus product private property - antagonistic classes state and law as instruments of class domination. Thus, in this model, the political reasons for the emergence of law come to the fore. There is a need to regulate the production, distribution and exchange of goods, to harmonize the interests of different social strata, class contradictions, that is, to establish a general order that meets the needs of the producing economy.

">The formation of law is manifested:

">a) in the recording of customs, the formation of customary law;

">b) in bringing the texts of customs to the public;

">c) in the emergence of special bodies (state) responsible for the existence of fair universal rules, their official consolidation in clear and accessible forms, and ensuring their implementation.

">The judicial activity of priests, supreme rulers and persons appointed by them played an important role in sanctioning customs and creating judicial precedents.

">Thus, a fundamentally new regulatory system (law) arises, which is distinguished by the content of the rules, methods of influencing people's behavior, forms of expression, and enforcement mechanisms.

">The era of the primitive or tribal community opens with the emergence of the first strong forms of social organization clan and tribal community. Since the social organization of primitive society was based on kinship relationships, this organization was defined as a tribal system. A clan or tribal community is an association of people based on actual or presumed blood relationship, as well as community of property and labor. Members of the clan are united by blood relationship, joint collective labor and community of property.

">CONCLUSION

">In conclusion, let us draw the following conclusions.

">Humanity has gone through a number of stages in its development, each of which is distinguished by a certain level and nature of social relations (cultural, economic, religious). The largest and longest stage in the life of society was the time when there was no state or law. This period covers millennia, from the appearance of man on earth to the emergence of class societies and states. In science, the name of primitive society or communal clan system was assigned. According to scientists and archaeologists, its lower limit does not date back. less than 1.5 million years ago, and some authors attribute it to the most distant time. The upper limit of primitiveness fluctuates within the last 5 thousand years.

">Primitive society in its development passed through the following eras:

">1. The era of the ancestral community or the primitive human herd. The content of the era is overcoming in the process labor activity remnants of the animal state inherited from prohumans, and it is characterized by the completion biological development the person himself.

">2. The era of the primitive or clan community. The era opens with the emergence of the first strong forms of social organization of the clan and clan community. Since the social organization of primitive society was based on kinship relationships, this organization was defined as a clan system. A clan or clan community is an association people based on actual or perceived consanguinity, as well as community of property and labor. Members of the clan are united by blood kinship, joint collective labor and community of property.

">The tribal system of many peoples took place in 2 stages:

">Matriarchy (maternal clan system).

">Patriarchy (paternal clan system).

">In the era of the formation and development of the tribal system, the main form public organization there was a maternal line. Women play an important role in social production. She, like a man, participates in obtaining a livelihood, but her work, which consists of collecting and storing fruits, cooking, and most importantly, cultivating the land with a primitive hoe, was much more productive than the work of a male hunter. At the same time, kinship was determined along the maternal line; this is the second reason explaining the dominant position of women in the clan community. Men were less important at that time. But when cattle breeding, agriculture, metal smelting, making tools and weapons became the lot of men, then they began to play a decisive role in social production, and the dominant position in the clan community passed to the man. Serious changes have occurred in marriage and family relations. Kinship from now on began to be determined along the male line.

">The clan, as the primary organization of primitive society, has the following characteristics:

">1. Clan is a personal, not territorial union. The association of people was not associated with any territory. Clan could move, but their organization was preserved.

">2. There was public self-government in the clans. The management of the clan community, which included from several dozen to several hundred people, was carried out by an elder who was elected by all members of the clan. The position of elder is not hereditary, and could be replaced by any member of the clan, like men , and by women. During military operations that arose as a result of clashes between clans, an elected elder and military leader worked equally with members of the clan, and the clan could remove them at any time. All this allows us to characterize public power under the clan system as primitive communal. democracy (potectoral power).

">3. The clan is characterized by unity, mutual assistance and cooperation. Issues that arose were resolved by a general meeting of all members of the clan, and the elder put these decisions into effect. Disputes between members of the clan were usually resolved by those whom they concerned. Coercion was a relatively rare phenomenon and it, As a rule, it consisted of imposing duties for misconduct. The extreme form of punishment was expulsion from the clan.

">The clan also provided protection to all its members from external enemies, both through its military strength and the deeply rooted custom of blood feud. Thus, the clan is the main initial unit of human society under the primitive communal system. Individual clans united into larger associations. Tribes were formed .

">4. The era of the primitive neighboring community. In many, although not all societies, this era opens with the appearance of metal replacing stone and everywhere the progressive development of all branches of economic activity, the growth of surplus product, the spread of predatory wars over accumulated wealth. Social power was not anarchy, chaos. Living together and collective work required maintaining a certain order and observing certain rules of behavior. Such rules of behavior were customs that did not require the creation of a special apparatus of coercion and were based on habits, traditions, the authority of older generations, and the moral and religious views of people. The norms of primitive society are called mononorms.

">LIST OF SOURCES USED

1. ">Alekseev, V.P. History of primitive society / V.P. Alekseev, A.N. Perishch. - M., 1990. 324 p.
2. ">Vasiliev, L.S. Reader on the history of state and law foreign countries/ L.S. Vasiliev. Krasnoyarsk, 2002. -360 pp.
3. ">Vengerov, A.B. Theory of State and Law/ A.B. Vengerov. M., 1998. 420 p.
4. ">Vengerov, A.B. Theory of state and law. / A.B. Vengerov. M.: Yurist, 1995.-365 p.
5. ">Vishnevsky, A.F. General theory state and law / A.F. Vishnevsky. M., Infra-M, 2006. 456 p.
6. ">Grigorieva, I.V. Theory of State and Law/I.V. Grigorieva, M., 2009. 304 p.
7. ">Drobyazko, S.G. General theory of law/ S.G. Drobyazko. Mn., 2007. 324 p.
8. ">Dumanov, Kh.M. Mononormatics and elementary law / Kh.M. Dumanov, A.I. Pershits, -M., 2000, -150 p.
9. ">Kalinina, E.A. General theory of state and law/ E.A. Kalinina. Minsk, 2008. 421 p.
10. ">Komarov, S.A. General theory of state and law/ S.A. Komarov. M., 1998 -364 p.
11. ">Marx, K. Origin of the family, private property and the state/ K. Marx, M., 1980.-500 pp.
12. ">Matuzov, N.I. Theory of State and Law / I.N. Matuzov, A.V. Malko. M.: Yurist, 2004. 512 p.
13. ">Radko, T.N. Theory of State and Law/ T.N. Radko. M., 2011. 176 p.
14. ">Spiridonov L.I. Theory of State and Law/ L.I. Spiridonov M., 1995. 295 p.
15. ">Khropanyuk V.N. Theory of state and law / V.N. Khroponyuk, V.G. Strekozova, M., 1998. 420 p.

Order writing a unique work

The low level of productive forces in farming required enormous labor costs. Labor-intensive work that had to be carried out within a strictly defined time frame could only be completed by a large team; his task was also to ensure the proper distribution and use of land. Therefore, a big role in life ancient Russian village the community acquired peace, a rope (from the word “rope”, which was used to measure the land during the divisions).

Storing things in the Moscow region: inexpensive temporary storage of things topselfstorage.ru.

By the time the state was formed among the Eastern Slavs, the clan community was replaced by a territorial, or neighborhood, community. The community members were now united primarily not by kinship, but by a common territory and economic life. Each such community owned a certain territory on which several families lived. All possessions of the community were divided into public and private. The house, personal land, livestock, and equipment constituted the personal property of each community member. Arable land, meadows, forests, reservoirs, and fishing grounds were in common use. Arable land and meadows were to be divided between families. As a result of the transfer of the right to own land by the princes to the feudal lords, some of the communities came under their authority. (A fief is a hereditary possession granted by the prince-lord to his vassal, who is obliged to bear the court fee for this,. The feudal lord is the owner of the fief, the landowner who exploited the peasants dependent on him.) Another way to subjugate neighboring communities to the feudal lords was to seize them by warriors and princes. But most often, the old tribal nobility turned into patrimonial boyars, subjugating the community members.

Communities that did not fall under the power of feudal lords were obliged to pay taxes to the state, which in relation to these communities acted both as the supreme power and as the feudal lord.

Peasant farms and the farms of feudal lords were of a subsistence nature. Both of them sought to provide for themselves from internal resources and were not yet working for the market. However, the feudal economy could not survive completely without a market. With the advent of surpluses, it became possible to exchange agricultural products for handicraft goods; Cities began to emerge as centers of craft, trade and exchange and, at the same time, as strongholds of feudal power and defense against external enemies.

The city, as a rule, was built on a hill at the confluence of two rivers, as this provided reliable defense against enemy attacks. The central part of the city, protected by a rampart, around which a fortress wall was erected, was called the Kremlin, Krom or Detinets. There were palaces of princes, courtyards of the largest feudal lords, temples, and later monasteries. The Kremlin was protected on both sides by a natural water barrier. A ditch filled with water was dug from the base of the Kremlin triangle. Behind the moat, under the protection of the fortress walls, there was a market. Settlements of artisans adjoined the Kremlin. The craft part of the city was called posad, and its individual areas, inhabited, as a rule, by artisans of a certain specialty, settlements, c

In most cases, cities were built on trade routes, such as the route “from the Varangians to the Greeks” or the Volga trade route, which connected Rus' with the countries of the East. Communication with Western Europe It was also supported by land roads.

The exact dates of the founding of ancient cities are unknown, but many of them existed at the time of the first mention in the chronicle. For example, Kyiv (the legendary chronicle evidence of its foundation dates back to the end of the 5th-6th centuries), Novgorod, Chernigov, Pereyaslavl South, Smolensk, Suzdal, Murom, etc. According to historians, in the 9th century. in Rus' there were at least 24 major cities which had fortifications.

At the head of the East Slavic tribal unions were the princes of the tribal nobility and the former clan elite - “deliberate people”, “the best men”. Critical questions Lives were decided at popular meetings and veche gatherings.

There was a militia (“regiment”, “thousand”, divided into “hundreds”). At their head were the thousand and sotskys. Special military organization there was a squad. According to archaeological data and Byzantine sources, East Slavic squads appeared already in the 6th-7th centuries. The squad was divided into the senior squad, which included ambassadors and princely rulers who had their own land, and the junior squad, which lived with the prince and served his court and household. The warriors, on behalf of the prince, collected tribute from the conquered tribes. Such trips to collect tribute were called "polyudye". The collection of tribute usually took place in November-April and continued until the spring opening of the rivers, when the princes returned to Kyiv. The unit of tribute was the smoke (peasant household) or the area of ​​land cultivated by the peasant household (ralo, plow).

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The neighboring community was a more complex formation than the clan community in the primitive social organization.

We can say that the neighboring community is a transitional stage between clan society and class society. How did the neighborhood community come about?

Reasons for formation

There were several prerequisites for the emergence of a new social formation:

• Primitive tribes grew over time, and the blood connection between their constituent clans and individual members ceased to be recognized;
• The transition from hunting and gathering to pastoralism and agriculture accelerated the division of land between parts of large tribes;
  
• The improvement of tools, in particular the emergence of metal means of cultivating the land, made it possible for individual cultivation of a plot as opposed to a group one.

Thus, the transition from the tribal system to the neighboring one was an objective consequence of human development.

Was it possible to “hold on” to a disintegrating community?

In many philosophical systems, the disunity of humanity is called one of the main social vices. IN different eras“world religions” and cultural trends tried to find a means of uniting large masses of people separated by national, religious, property and other differences. But was it possible to preserve the primitive community?

The clan community turned into a neighbor's community slowly and gradually. Even with the advent of cattle breeding and primitive agriculture, the tribes continued to live and work together: arable land and pastures were considered common property, which was cultivated jointly, and the harvest was distributed equally among community members.

Inequality between people manifested itself biologically. For example, when migrating to other places, the weakest members of the tribe remained in the old territory or did not survive at all, and during the transition they were joined by newcomers who were not relatives to the rest of the tribe. Some died hunting or in war; some may have worked more than the average member of the community.

Those with increased physical and mental strength, as well as more sophisticated tools, were not required to share the harvest and loot obtained with the help of these advantages. In a later era living space It was distributed as follows: hunting lands remained public property, but each clan or family owned the cultivated areas separately.

Cattle breeders

The clan community is gradually being replaced by new type communities - a primitive neighboring community of farmers and pastoralists. This happens at different times in different nations:

In Egypt and Mesopotamia - at the beginning of I - V you p. BC. In China - in I V you p. BC. IN North Korea and southern Manchuria - in the 2nd millennium BC. In Japan - in the middle of the 1st millennium BC. Among the ancestors of the Slavs and Germans - approximately in the second half of the 1st millennium BC.

The neighboring community was a collective consisting of people leading independent households individual families, individual farms united with each other by territorial and neighborhood ties. The neighboring community was united not by blood relations, but by territorial ties. If a clan community is primarily an organization of relatives, then a neighboring community is an organization of neighbors who have a common territory.

The neighborhood community is characterized by the following features:

1. The community is still based on a productive economy - agriculture and cattle breeding.

2. The number of the team is increasing. The neighboring community begins with a population of 200 - 300 people. In the future, its team grows to 1000 people. As a result, population density increases.

3. The rights of the neighboring community to land can be characterized as supreme collective own. The rights of the entire community stand above the rights (“above”) of each individual individual household. Hence the name - supreme. Community is everything team community members in general. When community members gather at national assemblies, they must now take into account the interests of not only the entire community, but also the interests of each individual household. In the primitive neighboring community at supreme collective property separate rights of community members arise to part of the land and part of the produced product.

The neighboring community now divides the land into plots, usually by lot. Each community member receives his own part of the land. Therefore, the only sign of a person’s entry into the community is now the possession of a land plot in the community land fund. The neighboring community, as the supreme collective owner, did not allow non-community members to access the land. Outside the community, outside the community collective, it was impossible to obtain the right to own land. If a person is part of a community collective, he has land. If a person who was not a relative was accepted into the community, he was given an allotment and he became a member of the community. If a community member committed any serious offense, he was expelled from the community. In this regard, the term “outcast” appears - literally “expelled from life.” The outcast still had relatives in the community. But he was no longer considered a member of the community and was deprived of his land. In fact, this doomed him to death.

Earth large families community members were given according to the number of eaters in the family, according to the number of family members. Everyone was thus on equal terms. And now each community member received food from his plot - everything that he produced with his labor on his land. As a result, there was a transition from collective farming to individual farming.

From a legal point of view, the rights of these individual farms(large families) on land represent possession land, that is, the actual possession of a thing, combined with the intention to treat the thing as one’s own. Arises new form property - labor(personal) own meant ownership of everything related to personal labor: while a community member works on this land, he has the right to this land and to everything that he produces with his labor on this plot - this is his property. Neighbor's community as supreme the collective owner periodically conducted redistributions land. Families were allocated land based on the number of people they fed.

So, for example, some family members died in the war, there were fewer people in the family and part of the land was abandoned due to a lack of workers and because there was no need to cultivate such an amount of land. The neighboring community then, as the supreme collective owner, confiscated this empty land and gave it to another individual farm. After all, the children grew up in it and there was a need to expand the land allotment in order to feed more people in the family, and which could cultivate the land. In other words, as long as you work, as long as you grow something on the land, the land and the products produced on it are yours. When you stop cultivating the land and growing something on it, you lose the right to the land and the product produced on it. The land belonged only to those who could cultivate it. This is the principle of labor ownership.