Transcript state

TASHKENT MEDICAL ACADEMY
DEPARTMENT OF SOCIAL AND HUMAN SCIENCES № 1
Lecture 2
Topic: The origin and nature of the
state and law.
The plan:
1. The origin of the concept and features of
the state.
2. The main functions of the state.
3. Form of state.
4. Concept and characteristics of law.
Functions of law.
5. The relation of morality and law. Rule of
law.
6. System of law. Concept and types of
sources of law.
• . The state arose at a certain stage of social
development. In its formation and
development, it was a long and difficult road.
In the early stages of development of society,
the state acts as the undeveloped political
education. It is characterized by the fact that
the government relies primarily on coercion
Public Authorities(it is based - authority)
ELDER (leader)
COUNCIL OF ELDERS
tribesman
LABOR UNION (tribe)
ECONOMIC CAUSES OF THE STATE OF
ORIGIN
1. "Neolithic Revolution" –
the transition from gathering
to producing economy
2. Three major publicgovernmental division of
labor:
Department of Livestock
and farming separation of
handicrafts appearance
merchants
3. Productivity growth
and the emergence of
surpluses
4. The emergence
of private
property
SOCIAL CAUSES OF THE STATE OF
ORIGIN
SOCIAL CAUSES
OF THE STATE OF
ORIGIN
The appearance of
antagonism
Division of society
into classes
THEORY OF THE STATE OF ORIGIN
The patriarchal (Plato and Aristotle)
Theologically (F. Aquinas)
Contract (Rousseau, Hugo Grotius,
B.SPINOZA, Hobbes, AN Radishchev)
MARXIST (Marx, Engels, Lenin)
THEORY OF VIOLENCE (L. Gumplowicz Karl
Kautsky)
PSYCHOLOGICAL (L. Petrazhitsky,
Erich Fromm)
State - is the political and territorial
organization of the public
administration, with the
sovereignty, with its special device
control and protection of the rights
and freedoms of citizens, the
freedom to create the law
Signs of the state:
Presence of a special public (state) government
The territorial organization of the population state sovereignty
lawmaking
Collecting taxes from the population
Implementation of the common functions
Functions of the state - are
the main areas of activity in
which the purpose of the
state is realized.
The functions of the state:
External features:
Internal functions:
international
cooperation
regulatory
watchdog
Defense and national
security
Функции государства:
Внутренние функции:
Внешние функции:
* Охрана прав и свобод
граждан, обеспечение их
равноправия, интересов
общества на основе
законности
* Функция борьбы за мир и
стабильность
* Равная защита
разнообразных форм
собственности
* Экономическое сотрудничество со
странами мирового содружества
* Обеспечение развития
рыночной экономики
* Улучшение условий и охрана
труда граждан
* Охрана, приумножение
духовных ценностей в
интересах граждан
* Функция обороны страны от
нападения извне
* Политическое со странами
мирового сообщества
* Культурное сотрудничество со
странами мирового сообщества
* разнообразные формы
сотрудничества со странами мира по
охране окружающей среды,
выживанию человечества
Форма
государства
Форма
правления
Форма
государственного
устройства
Политический
режим
Форма правления
Монархия
monarchy:AbsoluteLimited
Республика
Republic:ParliamentaryPresidential
Формы
Государственного
устройства
Унитарное
Федеративное
Конфедеративное
Right - the system of mandatory
rules of conduct established or
authorized by the state and
protected by force. Law is
considered in two senses
Право
Объективное
право
Субъективное
право
Совокупность
общеобязательных
правил поведения
Право принадлежащее
конкретному
физическому или
юридическому лицу
The main features of
law are:
state
origin
universally valid
normative
action through
the personal
rights
State security
expression of the
law in laws and
other sources
Мораль
и
Право
Теории
происхождения права
Psychological
theory
Theory of
natural law
historical theory
class theory
Функции
functions
права
of law
Воспитательная
educational
Регулятивная
regulatory
conservative
Охранительная
Различия между моралью и правом:
1.The rules of law established and sanctioned by the state. Morality is formed in the
society in addition to the state.
2. In the law expressed state will. In morality opinion.
3. Legal rules implemented in cases of such coercive power of the state. Morality - the
power company.
4. Rule of law covers a narrower range of public relations.
5.Morality regulates a wide range of public relations. In law, the criteria for evaluation of
the behavior is a "legitimate" "illegally." In morals "is fair - not fair«
6. Legal rules are formed more clearly.
Мораль и Право
morality
Formation and
approval of moral
views in the
development of
Expression of
public opinion
Maintaining the
habit of public
evaluation of
behavior in all
conscience
Regulation of relations
uninsurable legal
regulation, based on
the moral evaluation
criter
Право
-A
set of rules (rules of conduct)
- The specific content
- Binding nature
- - Expression of some will
protection of the state
- Compliance in general moral
views of society
- The social value of law in society,
in the individual's life
"Norma"
From the
Latin
"Rule""Sample"
Rule of law - a mandatory
rule of conduct, installed,
guaranteed and protected by
the state against abuse.
rule of
law
2) impersonal
and designed
for multiple
actions
1) There is a need
to summarize the
typical result,
repeated in life
relationships
3) Always face the
persons who have
some common
features
Rule of Law
Expresses the
state (the
people) will;
Formed by the
state in the
regulations
Acts as the call
of the state
power
Protected by
the state, ie if
necessary, is
provided by its
coercive power;
Establishes
the most
important,
from the
point of
view of
society and
the state,
social
relations.
The structure of the legal norm
Hypothesis - guidance
on the conditions of
the rules of real life
facts that suggest this
rule of law
Disposition - the rules
of behavior of the
subjects of relations
regulated this legal
norm
Sanction instructions on the
measure of state
coercion, comes in
case of violation of
the dispositions
Виды правовой нормы
Control (normalresolution)
binding(you can
do)
Prohibitory(can
not do)
By the nature of the
existing provisions
in these rules of law
can be divided into:
Law system - a set of
diverse but closely related
legal rules.
A legal system of Uzbekistan includes the following main areas of law:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
constitutional law
administrative law
civil law
family law
criminal law
land law
agricultural law
labor law
Social security law
environmental law
financial law
tax law
customs law
Citizenship - a procedural right
Criminal - Procedural Law
Economic - Procedural Law
Under the source of the right to understand how
its objective expression.
Taken to distinguish four main sources:
legal practice
legal precedent
Normative act
law treaty
Types of normative - legal acts are distinguished by how they are
accepted authority of, and to their greater or lesser validity.
1)
2)
3)
4)
5)
6)
Law
Decree of the President of the Republic of Uzbekistan
Decisions and orders of the Cabinet of Ministers
Orders and instructions of ministries, state committees and
departments of the Republic of Uzbekistan
Normative legal acts of the Republic of Karakalpakstan
Resolution of executive authorities in the field
The sources of law in Uzbekistan are:
• Universally recognized principles and norms of
international law and international treaties of
the Republic of
Uzbekistanlegislationregulations
Legal relations - it's a real legal relationship between
the parties, which is expressed in their mutual rights
and obligations. In its structure, relationship consists of
the following elements:
• Object - is the personal rights and mutual obligations
of the participants.
• Subject - is the participants, ie bearers of rights and
obligations
• Content - the real actions of the subjects on the
actual implementation of their rights and
responsibilities.
. Offense - this is provided for under law socially
dangerous act (action or inaction) that causes
or threatens to harm public relations, legally
protected
The main signs of the offense are:
public
Danger
Wrong
Fullness
Guilt
venality
• The state is the politico-territorial organization
of the public power possessing the
sovereignty, having special management
personnel and protection of the rights and
freedom of citizens and capable to create
norm of the right.
• The state is basic institute of political system
of a society, организующий, directing both
supervising joint activity and mutual relations
of people, groups, classes, the organizations.
• The cores state signs is:
• 1. Presence of the special public power - the
government, т. Е presence of the device of the
power and management, an enforcement
machinery.
• 2. The territorial organization of the
population. It means, that citizens live within
frontiers, in defined administratively territorial units.
• 3. The sovereignty, i.e. Independence at
carrying out internal and foreign policy.
• 4. Правотворчество, i.e. ability to publish
laws on which all who is in limits of frontiers
live.
• 5. Taxation from the population for which
account the machinery of state contains, and
also appears the help to needy levels of
population.
• 6. Performance of universal functions i.e. to
protect territory, to struggle with criminality,
to carry out the purposes of the general wellbeing.
• The international cooperation: foreign policy
activity; foreign trade activities.
• Defense and safety.
• The board form is understood as the
organization of the Supreme government, an
order of formation of its bodies, their
competence and mutual relations with the
population, degree of participation of the
population in formation of these bodies.
Under forms of board of the state are
subdivided into monarchy and republics.
• The monarchy is a form of board at which all
completeness of the government is
concentrated in hands of one person - the
monarch (the tsar, king, the shah, the
emperor, etc.) which inherits it as the
representative of a ruling dynasty and carries
out for life, carrying out both functions of the
head of the state, and function legislative, and
in much and function executive the
authorities, supervising justice and local
government.
• The republic is such form of board at which the
government supreme bodies are selected the
people on the basis of national voting, that is as a
power source the sovereign people act. In
Republics the government supreme bodies joint
and in The core elective (the head of the state - the
president, parliament), which are selected for
certain term. Officials of elective public authorities
bear political responsibility before the voters. It
can be expressed in such forms, as a preschedule
response of the deputy, parliament dissolution,
government resignation, dismissal from a post of
the president.
• The republic is such form of board at which the
government supreme bodies are selected the
people on the basis of national voting, that is as a
power source the sovereign people act. In Republics
the government supreme bodies joint and in The
core elective (the head of the state - the president,
parliament), which are selected for certain term.
Officials of elective public authorities bear political
responsibility before the voters. It can be expressed
in such forms, as a preschedule response of the
deputy, parliament dissolution, government
resignation, dismissal from a post of the president.
• The state system form in jurisprudence is understood as
the administrative-territorial organization of the state,
character of mutual relations between its components
(subjects), and also between the central and local bodies.
All states on To the territorial device are subdivided on
unitary (simple), federal (difficult) and confederative
(community).
• The state system form in jurisprudence is understood as
the administrative-territorial organization of the state,
character of mutual relations between its components
(subjects), and also between the central and local bodies.
All states on To the territorial device are subdivided on
unitary (simple), federal (difficult) and confederative
(community).
• The right - system of obligatory rules of the
behavior established or authorized by the
state and protected by its force.
•
The basic signs of the right are:
• 1) the state origin;
• 2) obligatory нормативность;
• 3) expression of norms of the right in laws and
other sources;
• 4) operates through the subjective right;
• 5) the state security.
• The right and morals parity has special value
at the present stage of development of a
civilization as many moral values - freedom,
equality, justice, honor, advantage and others
- find legal fastening in regulatory legal acts.
Advantage of the person, fundamental laws
and freedom of each person receive a general
recognition from the civilized democratic
states. The right and morals - the major
elements of human culture. Moral standards
the same as also legal, are social regulators of
behavior of the person.
•
•
•
•
•
•
Norm of the right:
- Expresses the state (public) will;
- It is formed by the state in statutory acts;
- Acts as imperious state command;
- It is protected by the state;
- Fixes the most important, from the point of
view of the state, public relations.