Eastern and Western ways of the emergence of state and law: comparison

To date, mankind has reached such a level of development that it is easy to find answers to any questions. We have achieved success in almost all existing sectors of life: construction, law enforcement, medicine, etc. However, this state of affairs was far from always. Initially, people existed in small structures, which were called families. Later, the question of the ineffectiveness of these organizational systems in the management of large masses of people became obvious. Therefore, families began to expand, which led to the emergence of states.

As for the internal interaction of people in countries, it is carried out on the basis of law. Which at one time replaced violence and religion. Today, law is the key regulator of public relations in any country. As we see, jurisprudence and the state are mutually complementary categories. They developed at all times in parallel. Nevertheless, the difference between national cultures and the mentality of all peoples led to the formation of two types of development of the state and law: the eastern and the western. They are endowed with a mass of unique features and their history, which will be discussed later in the article.

The concept of law

Before considering the western and eastern ways of development of states and jurisprudence, it is necessary to understand the features of the second category. As mentioned earlier, law is a key regulator of social relations. But in this case there is a logical question, what does this category represent? What does it consist of? In this case, it should be noted that law is a set of moral norms that are legalized by the state for the direct regulation of certain aspects of the life of the population. The expression of law is legislative acts. They, as a rule, have a hierarchical system of construction and purpose. It should be noted that the law significantly complements the organizational structure of the state. In fact, without jurisprudence, countries simply would not exist.

Concept of the state structure

Politicians and thinkers have always wondered about what each country represents individually? Is this structure purely legal or does it come from the human genius? On the basis of this problem, many different theories have been put forward, each of which is characterized by its own peculiarities. To date, there is one most common category concept. According to its provisions, the state is a specific social organization characterized by the existence of political power, a compulsory method of regulating internal relations and a regulatory structure that is a form of expression of law. At the same time, any country is completely independent and to some extent "alive". The eastern and western ways of the emergence of the state, briefly considered in this article, allow us to visually see the emergence of powers of a certain type.

How does the state and law relate to each other?

The two categories presented in the article are complementary. However, many people, including some theorists, do not realize the importance of this kind of relationship. The bottom line is that law is part of the state. In other words, the first category creates special frameworks and principles of activity, on the basis of which any country exists. In addition, law is the main organizational factor, through which people are grouped not just into separate components, but into a whole society. But, as we know, law and the state did not appear in one moment. Their creation took place through many years of formation and theoretical development.

The eastern and western ways of the emergence of the state, briefly considered in this article, are only complex theories. They were derived to explain some of the features of the historical relationship of countries and jurisprudence. Theories detail the emergence of states. Western and eastern ways of development in this case is a historical phenomenon. That is, they are allocated on the basis of the territory of existence of specific countries and the peculiarities of the culture of their population.

Eastern and Western ways of the emergence of state and law: the essence of the process

Each country and the legal system in it were created for a long time. In other words, these categories went through a significant way of becoming before they acquired a modern look. As for the ways of development, or rather the theory of their existence, it was formed due to the obvious difference between the peoples of the West and the East. For centuries, the cultures of these societies have been isolated from each other. Even in the 21st century, the western and eastern worlds are just beginning to exchange experiences and interact with each other in different spheres of activity. But the fact of integration of all countries into the world community does not exclude the peculiarities of states with different cultures. Therefore, the eastern and western ways of the emergence of the state and law are actively studied by historians and theoretical lawyers to date.

Preconditions for the emergence of the state - the western and eastern ways

Today in the world there is a huge number of countries. But all of them once passed the process of origin and becoming. The eastern and western ways of the emergence of the state have some common features. In this case, we are considering exactly the peculiarities of countries, because the law appeared on the basis of internal moral rules of social families much earlier than any social formations. Thus, the very fact of the creation of the state was due to several interrelated factors, namely:

• A significant role was played by natural phenomena, which were not always favorable for people;
• The main economic factor is the development of production and, of course, the universal market;
• The psychological factor determines the need for people to consolidate into groups to more effectively achieve certain goals;
• Social factors indicate that all legal and state processes, without exception, develop only within the society and are the categories coming from it.

On the basis of all the features presented, it can be concluded that the state and law are phenomena created by the person himself in the process of his evolution. In other words, the development of countries and regulations in them testifies to the high intellectual level of society, which, of course, is a positive factor. The eastern and western ways of the emergence of the state, the law should be viewed as a complex category, which makes it possible to identify their fundamental features.

Jurisprudence and the countries of the East

The Eastern, or "Asian", way of development of the state and law is a set of interrelated processes that determined the appearance of this category in a certain territory. The main distinguishing feature of this part of the world is the domination of despotism, as one of the key methods of society management. That is, there should not be any democratic processes in the East. After all, due to various factors, one of which is severe climatic conditions, relations between people in this part of the world have always been distinguished by a high level of domination of some individuals over others.

A clear indicator of the eastern states is also the economy. It is distinguished by the existence of a public form of ownership. As for the law itself, this category is also largely due to the general features of the culture and mentality of the population of the eastern states.

Key features of the Asian type

The eastern and western ways of origin of the state are endowed with their own characteristic moments that separate them from each other. In order to understand the characteristics of each type, it is necessary to analyze its characteristics, which relate to various spheres of human activity: economics, politics, etc. In this case, the development of the state and law in the East took place through the gradual evolution of social formations from a tribal community to a formed society that United in the country. Jurisprudence was also subordinated to social laws formed by rigid centralization. Thus, the main reasons for the development of society in the East were:

1. Aggressive climate, which caused the need to create large irrigation systems, allowing to engage in agriculture even in the middle of deserts.
2. The need to subordinate and unite the vast human masses for more effective management of them.
3. The need for a common, single guiding link for controlling and regulating the behavior of a large number of people.

In addition to the listed reasons for the emergence of eastern states, a significant feature is the existence in them of a strong administrative apparatus. It is characterized as uncompromising management, subordinating all and all to its will. Typically, its system included departments of three main areas: financial, military and public. The last branch was responsible for the mass work. Thus, the states of the East were characterized as powerful densely populated bureaucratic structures.

Other features of the development of Asian law and countries

Of course, in addition to the aspects presented, there are other characteristic moments of development of the eastern countries and the rights in them, for example:

• The legal branch, as a rule, concerned only the most official procedures, and the daily life of a person was regulated by customs;
• The right in most cases was not recorded and existed in the minds of people;
• The legal status of citizens was not equal due to the division of society into separate groups;
• Many institutions of primitive society were borrowed, for example, a land-type community.

Thus, the eastern way of development of the state and law has a huge number of interesting moments. However, no less theoretical disputes arise about the Western countries and their organization. In this case, the population of the Russian Federation is closer to the second path of development, because our state evolved on its basis.

Western way of development

The diversity of the ways of the emergence of the state allows scientists today to highlight the key cultural and mental differences between the peoples of the East and the West. It should be noted that fact that both types of formations are direct opposites to each other. After all, the ways of the emergence of the state initially involve the use of different methods of regulation, management, creation and consumption of resources. Therefore, when considering the law and the countries of the West, it is necessary to understand that these are completely different structures completely different from the eastern ones.

Of great importance in this case is the right. The regulator of social relations originated in the western territories quite early. The bottom line is that people are aware of the benefits of law in the process of interaction with each other. This kind of reasonableness in the organizational approach entailed the rapid formation of states. It is interesting that Western countries appeared earlier than society was divided into classes. However, it was the differentiation of the society that allowed them to evolve. Thus, we can distinguish the following characteristic features of the development of countries and rights of this type, for example:

• Classes appeared much later than the general organization;
• Law had wide application in all spheres of public life: politics, economy, trade, etc.
• Jurisprudence allowed the creation of the first democratic institutions that are characteristic of some modern states;
• Political power was determined by the wealth of its members;
• Society is gradually becoming the main source of the strength of the state apparatus.

But if the eastern countries in most cases had common features of development and functioning, then in the West, several ways of evolution, which are called forms today, were formed.

Spartan and Athenian ways of development

The eastern and western ways of the emergence of the TGP state are viewed as interrelated and opposite forms of the evolution of many countries that exist today. However, the Western organization of power and law has several branches. One of them is the Athenian way of development of the state and law. This is the most classical form of development of countries. It implies the existence of classes and political elite. As for the law, at that time it was divided into several branches, which allowed regulating a large number of internal relations. Quite the opposite is the Spartan form of state development. The beginning of this development path takes in Ancient Sparta. This state was constantly in a state of combat readiness, which strongly affected many internal affairs. Practically all vital activity was regulated by generally binding norms, which did not give the right to choose.

States of the Roman type

The Roman way of development is fundamental for many countries. The bottom line is that the same state has developed many legal institutions. It was in ancient Rome that the division of the right to the public and private sphere began for the first time. As for the state apparatus, it absorbed both purely bureaucratic and some democratic features.

Of course, the presented forms are far from the main ways of the emergence of the state. Nevertheless, they are also an important part of many modern political and legal systems. Therefore, it is simply impossible to ignore their existence.

Conclusion

So, in the article we have considered the eastern and the western ways of the origin of the state. Comparison of these forms showed that the difference in the peoples of both parts of the world is due not only to cultural, but also political and legal features of their development.