political and legal doctrines in ancient Rome
In Roman society, slave mode of production reaches the highest stage its development. Since the III century. BC. e. formation of large estates (large estates), based on the exploitation of slave labor, required mass influx of slaves, the expansion of the state territory and conduct conquer policy. Over a short period of Rome became State policy with Republican rule in the largest slave Empire United Empire was completed in I to. BC
Simultaneously with the approval and development of the slave system in the Roman society maturing contradictions sharpening during the civil war and mass speeches slaves (the revolt led by Spartacus 74-71 years. BC BC. and etc.).
C II in the end. AD Roman society enters into a state of crisis caused by contradictions between the needs of developing production and the inability increase the productivity of slave labor once powerful Roman State is divided into the Western Empire and Eastern Empire, which received later named Byzantium In V. Italian territory was conquered by Germanic tribes, and the Western Roman Empire ceased to exist.
politico-legal teachings of ancient Rome had much in common with the political doctrines of the ancient Greece. The similarity of the political thought of the ancient Greeks and Romans was not determined only that the ideological concepts in these countries were formed on the basis similar socio-economic relations, but also a deep continuity in development of their culture. Ancient Rome, for a long time remained on the periphery Ancient World, was forced to catch up to the level of advanced policies of Greece, adopt its culture. The conquest by Rome marked the beginning of Greek city Hellenization of Roman society, ie wide dissemination of Greek culture among the Romans. In the era of empire, these processes are intertwined with the processes of interaction Greek, Oriental and Roman cultural tradition itself.
politico-legal exercises in ancient Rome were formed on the basis of philosophical trends that were transferred from Greece. In his teachings on the philosophy of the Roman thinkers usually reproduced the Greek doctrine, changing and adapting them relation to Roman conditions. The development of political concepts Roman authors have relied on borrowed from Greek sources reporting on forms of state, the relationship between law and justice, of natural law etc.
Novelty and originality of the political views of the Roman thinkers were in fact that they have been put forward ideas, relevant relationships mature slave-owning society. There are two sets of ideological representations, in which most clearly manifested the peculiarity of the Roman politico-legal thought.
K first of which should include changes in political theory, due development of the relations of private property and slavery. The emergence of large land ownership and concentration of wealth, accompanied by a deepening of social antagonisms, put the ruling classes with the need to strengthen legal protection of property relations. Awareness of this need led to a have heightened interest in the legal means consolidating its rule gave rise to the notion that the state serves to protect property and rests on the consent of citizens on the right. In the works of supporters slave-owning aristocracy become commonplace definition of a slave as a thing as "Talking tools", etc.
result practice of lawyers to interpret the laws was the separation law in an independent branch of knowledge. Eventually it becomes status of the source of law. In the writings of Roman jurists receive detailed justification institutions and rules of existing law, including the legal status of free and slaves, the classification of property transactions, maintenance of property rights and inheritance.
Co. second round should include changes in political theory, reflecting restructuring of government machinery in the era of empire, when the Republican form of government was replaced by promonarhicheskim regime. Ruling clique declined in this period of political ideals, which followed the polis aristocracy. For the official ideology of the Roman Empire, characterized by the idea cosmopolitanism, world domination of the Romans, as well as the concept of unlimited imperial power and the state cult of the ruling emperor.
Significant influence on the ideology of Roman society had a philosophy of the Stoics. Her followers (Seneca, Marcus Aurelius) talked about "spiritual equality" of all people, including masters and slaves, their powerlessness to change the destiny of the need to obey the universal law. The mystical teachings of the Stoics and pessimism amplified with the growing crisis of the slave system. Many of the ideas Stoicism were perceived Christianity - an ideological trend, which originated among lower social strata of the Roman Empire.
On Over II-III centuries. Christian religion gradually lost its original rebellious spirit, and in IV. was elevated to the rank of official ideology of the Roman state.
2. Political and legal doctrines slave aristocracy. Cicero. Roman lawyers
In Roman slave society-dominated the landed aristocracy. With the consolidation of their positions, she pushed as the old hereditary nobility and the affluent elite of Commerce and Industry layers. If in the States policies with political conflicts among the free determined mainly by collisions between the nobility and the camp democracy, now, with the approval of private ownership of land, a crucial becomes a confrontation between large and small landowners.
most prominent ideologue of the Roman aristocracy in the period of the republic was a famous speaker, Mark Tullius Cicero (106-43 years. BC). His political and legal doctrine, he explained, imitation of Plato in the dialogues on the state "and" laws ". Some aspects state and legal issues dealt with them also in the works for ethics (for example, in his treatise "On Duties") and in numerous speeches.
Cicero proceeds from the common to all supporters of the aristocracy of representations of the natural origin of the state. Following Aristotle and the Stoics, he argued that civilian communities appear not to establish, and from nature, because people empowered by the gods desire to communicate. The first reason for bringing people together served as a State "not so much their weakness, how much, so to speak, inborn need to live together. " In the spirit of the noble teachings of his time Cicero insisted that state power was given to the sages, able to come close to comprehending the world of the divine mind. State would be eternal, assured thinker, if people lived by the precepts and customs fathers. The purpose of the state, according to his conception, is the protection of property interests of citizens. Similarly
way they are resolved and issues concerning the origin and essence of law. "True and the first law, able to command and prohibit, there is a direct reason Almighty Jupiter "- claimed Cicero. This highest, natural and unwritten law occurs long before a people united in a civil community, and can not be changed by vote of the people or the decision of the judges (here - a frank attack on the teachings of the slave-owning democracy). The laws of the State shall compliant with the nature of the divine order - in the opposite If they have no legal force. Guarding divine natural law must be priests. The emergence of law, emphasized Cicero, "should deduced from the concept of law. Because the law is a force of nature, it is - the mind and consciousness wise man, he - a measure of law and lawlessness. " The rights of the wise and worthy citizens, including the right to property, arising directly from nature, from natural law.
Through this system is typical of aristocratic representations punched at the same time shoots fundamentally different doctrine. In stark contrast with their own stepping Cicero argued that the state is not only natural organism, but an artificial entity, "the popular establishment. Cicero recognizes the equality of all people by nature and the possibility of achieve the wisdom of everyone who receives education. The economic and social differences between people, from this point of view, do not arise from birth, but because steady-state society relations. "Private property - said Cicero, controversy with the followers of Aristotle, - does not come from nature. " She arises under a long-time appropriation of, or victory in war, or law and agreements. While appreciating the importance of wealth and treaties society, Cicero comes to the conclusion that the state "rests on a loan".
These and other similar provisions were borrowed from the ideology of a thinker polis democracy. Developing them, Cicero defines the state (res publica) as the cause of the people, where the nation is "the combination of many people involved agreement among themselves in matters of law and common interests. " In treatment Cicero, the foundation supports the right of the state, its defining principle. The state in this sense is not only a moral community free citizens (as it seemed to Plato and Aristotle), but legal community. Cicero proposed concept of the state played significant role in the subsequent development of political and legal theory.
Cicero speaking about the people in its definition of the state, had in mind only landowners and big traders. This clearly demonstrates contained in the treatise "On Duties" list of occupations and professions, not worthy of a free man. Cicero refers to the number of despicable people lenders, small traders, owners of craft workshops, as well as all workers. With such people, engaged in "dirty work" for decent citizens do not can be no common interest.
Policy Cicero's ideal - the aristocratic Senate republic. In general theoretical plan, he justifies his ideal theory of the mixed form of government. Referring the Greek philosophers, Cicero distinguishes between three main forms of state: imperial power - the monarchy, the power Optimates - the aristocracy and the power of people -- democracy. Among them are the best, according to Cicero, is a monarchy. Each These simple forms of power will inevitably degenerate, which leads to such perverse states of the state, as a tyranny, domination clique of rich and power of the crowd (the mob). Vicious state, in fact, are no longer forms States, because there reigns tyranny and violence, and, consequently, decomposes the state itself as an association of free citizens.
most perfect and stable form of government Cicero considered a mixed state, combining the beginning of the monarchy, aristocracy and democracy. By this order, he view, approaching the Roman Republic during the "fathers and grandfathers." Monarchical principle was presented in her power consuls aristocracy - rule of the Senate, democratic - People's Assembly and power tribunes. In this part of the teachings of Cicero does not go beyond Greek concepts of the cycle of state forms (Plato, Polybius), and political ideals of the nobility, demanded the restoration staroustoynyh orders.
Cicero created during the formation of the Roman Empire. Supporting and endorsing wars of Rome, Cicero refuses ideals closed, self-sufficient policy. Under the influence of the Stoics, he promotes the idea cosmopolitanism and the world state.
In legal theory of the transition to empire is reflected in the concepts of composition and varieties of the law of the Roman state. Works of Cicero are the earliest works of Roman literature, which is held distinction between natural right, the right of peoples and the right of Roman citizens.
Legal slave-owning aristocracy views received their practical implementation in the Roman jurists.
Society Law as an independent branch of knowledge has developed in ancient Rome in II-I centuries. BC The nature and direction of it was the specific product of the ideology of those sections of the slave-owning aristocracy, which had interested in strengthening the legal protection of private property and at the same time opposed the expansion of the state legislative activity in property relations, relying on a few tips and advice Favorites lawyers ( "the right of the wise") than the written law.
heyday Roman law falls on the Early Empire (I century. BC - III century. AD). During this period the emperors, seeking to limit the legislative power Senate, provide the most outstanding lawyers the right to give explanations and interpretation of existing law, binding on all officers and judges. Explanations jurists thus equal to the law. Since the second III in the half. when the legislative power is concentrated in the hands of emperors, the award of such benefits ceases, and the Roman Law is in decline.
K Among the most distinguished jurists early period of the empire belonged Guy, Papinian, Paul, Ulpian and Modestinus. Lengthy excerpts from their written writings contain digest of Justinian.
concept rights lawyers conclusions, like Cicero, of the Stoic idea of the world, universal law of nature. According to the definition of Celsius, adopted many Roman lawyers, law - is the art of good and justice (ars boni et aequi). Justice, to refine the Ulpian, is "the knowledge of divine and human affairs, science of just and unjust ". These
statements indicate that lawyers are not yet separated from the right morality. Like other followers of Stoicism, they considered the source Copyright World divine mind.
In of the law in force in the Roman Empire, the lawyers identified three parts: natural right (ius naturale), the right of peoples (ius gentium) and the right of citizens (ius civile).
Natural right, in their representations, applies to both humans and animals. Its precepts include marriage, family and parenting. In natural law, all born free.
Right People, unlike the natural, covers the rules that the global mind established for humans. The Romans used this right in its relations with conquered peoples and neighboring states. The right of peoples entered the war, slavery, the foundation of empires, international trade and other establishment.
Right citizens, civilian clothes or the law governing the relationship between the free Romans. Civilian clothes right, Guy pointed out, is "its own law of the State. Sources this right Papinian called laws, decisions of the plebs, decisions of the Senate, the decrees of princes and opinions of the wise ".
Differentiation right of peoples and the rights of citizens, held in Roman law, had the objective of justify slavery, wars of aggression and the inequality of the conquered peoples to the Romans.
Right Ancient Rome was divided into private and public. In Ulpian's famous formula, Public Law refers to the situation of the state, private - to the benefit of individual persons. Private law, he believed, includes requirements of natural law, requirements right of peoples and the requirements of civilized law.
Main lawyers pay attention to private law. In their writings laid the foundations of the theory civil law - civil law. Resolving disputes in civil cases, lawyers delimited types of transactions, have developed formulas claims define the powers owner and other entities.
K Study of Public Law Roman Law applied to the I - II century. when lawyers who received the privilege of an official interpretation of the law, were made in support of the imperial regime. In public law, they carried the idea unlimited powers inntsepsa, transfer him to the legislature.
Due reception of Roman private law principles have been internalized its theoretical jurisprudence in many countries of continental Europe. Under the influence of the Roman formed the classic civil law legal doctrines XVIII - XIX centuries., endowing the owner the absolute right to dispose of a thing belonging to him discretion.
3. The political and legal ideas of the original Christianity
In I in. AD in the Roman Empire was formed and began to spread rapidly new religion - Christianity. In the development of the organization Christians usually are two stages: the "Apostolic Church" (roughly I-II cent.) and came its replacement (approximately the second half of II century BC.) "Episcopal Church". Evolution of the church organization was accompanied, obviously, changepolitical and legal ideology of Christians, but in the New Testament contains both the original and subsequent ideas of Christianity 11.1 cc. In works of early Christian literature (Book of Revelation - "Apocalypse") condemned the slave Rome - "the great city that has dominion over the earth kings, Roman emperors (especially the "beast antichrist Nero" - a persecutor Christians), kings, princes, captains, wealthy merchants. Christians dreamed the destruction of "the great whore of Babylon" - the Roman Empire, they called "the kingdom of the devil," "diabolical world of evil and violence": "Woe, woe you, the great city Babylon, that mighty city! For in one hour is thy judgment come ".
Christians awaited the coming of the Messiah, the Christ - savior, God's messenger, who clash with the "beast-emperor" crush the kingdom of evil, will throw down their oppressors in "Hell". Then install the prophets promised "millennial kingdom, "where workers" will not have any alkanes, nor thirst, and will not scorch their sun and no heat ".
In waiting for the Messiah preached humility and non-resistance to evil: "No Not rendering evil for evil, "" Love your enemies, do good to them that hate you. Bless those who curse you, pray for those who mistreat you. Smite thee on thy cheek, and another, and him that taketh away thy cloak forbid not withhold take the shirt. " However, in the works of Christian literature preserved allusions to armed groups of Christians ( "I bring not peace came, but a sword "), in their armed clashes with the Roman occupiers (" name should they - the legion "). The main thing - waiting for a quick, from today to tomorrow, the coming of the Messiah: "Behold, I am coming soon and my reward is with me, give to everyone according to his deeds ".
In Pending imminent coming of the Messiah, Christians sought to isolate themselves from the kingdom evil in their communities. Christianity proclaimed the equality of the adherents of the new religion. In discussions of the Christian communities had overcome the idea chosen by God only individual nations. Communities were organized on democratic principles. No clergy, religious objects, rites. Believers gave the community its property for the general public were organized by meal. Relationship between communities supported by itinerant preachers (the apostles), which had no privileges. Community nursing Apostle few days, after which he was either go on or work with others:
"If would not work, neither should he eat. " In Christian teaching in religious were expressed by some form of universal values, the basic norms of morality and justice: "And as ye would that men came to you, do unto them "- said in the New Testament. It also has Commandment: Thou shalt not kill, Do not steal, do not bear false witness, Do not commit adultery, do not covet, love thy neighbor as thyself. In the New Testament contains condemnation of the rich: "It is easier for a camel (a rope) to go through the eye of a needle than a rich man to enter the kingdom of God "," listen, you rich, weep and howl for your miseries that are coming upon you ... Behold fee, deducted from your employees have reaped your fields, vopet, and the cries of the harvesters have reached the ears of the Lord ".
In I-II cent. network of Christian communities spread out throughout the Roman Empire. Rows adherents of the new religion, which offered spiritual comfort and hope, steadily grew. Co II in. Christian congregations swelled by the haves and educated strata of society. Wealthy and ambitious people in their own way and feel experienced the oppression of the Roman Empire, the crisis of the slave system, universal apathy and demoralization, too, to seek spiritual solace and release. It led to a change in social composition, organizational principles and ideology Christian communities. Evolution of Christianity predetermined disappointment in hopes for the speedy coming of the messiah.
K II in the middle. Christianity gets the upper hand in the direction that emphasize mystical teachings of the parties. One gets separated from the masses of believers church apparatus. Community leadership passed into the hands of bishops, presbyters, deacons, forming stands above the faithful clergy (clergy). Bishops appointed, usually wealthy people: "For those who can not manage own home, can he take care of the church of God? ". Bishops various communities have established a strong connection, thus established universal church. "Outside the Church no salvation", "no church without the bishop", "on Bishop should look like in the Lord "- taught the clergy.
appropriated monopoly right to preach and interpret the Christian doctrine, the clergy developed a complex system of ceremonies, services, dogmas, using a number of provisions other religions (such as Mithraism), and philosophical schools (eg, the Stoics, Gnostics). Shared meals have been replaced by communion, the apostles - the servants and messengers of bishops, the equality of believers - the antithesis between the clergy and laity.
In Christian literature II-III centuries. great place is apologetics. Christian writers sought to assure the emperor that the new religion not only not dangerous slave state, but is it a reliable ally.
Original condemnation of the imperial power is in the II. reduced to religious opposition fostered a culture of power of emperors, the requirement to worship them, as gods. "Give to Caesar what is Caesar's, and God - God" - further appeal to avoid the official cult of the emperors, regularly paying, however, taxes, church not come. At the same time, this opposition was offset by a desperate appeal obey the authorities and the authorities: "Let every soul be subject unto the higher authorities, for there is no authority except from God, existing power from the same God established. Therefore, resisting authority resists the ordinance of God "," Fear God, king honor. Servants, with all fear obey masters, not only good and mild, but severe, "" Slaves, obey your earthly masters with fear and trembling, in singleness of your heart, as unto Christ. Not only with obvious eye-service ... but as servants of Christ, doing the will of God from the heart. Serving with diligence, as to the Lord, and not to men ".
Church persistently sought an alliance with the imperial power. C IV in. Emperors had forced to reckon with the church and even to seek her support. When Emperor Constantine, Christianity was declared equal with other religions (313 g.), then the dominant (324) religion.
Evolution Christianity was accompanied by a bitter struggle between the church and various heresy (heresy - faith, based on some common official Church dogma, but the opposition is different from the church).
Thus in the second half of II century BC. in Asia Minor there was a sect Montanists who continued preach hatred of the Roman empire, foreshadow close Messiah end of the world of evil and violence, establishing the "millennial kingdom:" We do not want longer be in slavery, we wish to rule soon. In communities Montanists maintained communal meals, the democratic order early Christian communities. Then
as having anti-clerical sect of Gnostic (gnosis - knowledge), connecting a number provisions of Christianity with the doctrine of "Logos" in the spirit of the philosophy of Neoplatonism and Stoics. Some Gnostics (Epiphanes) taught that social inequality contrary to divine law of justice: "God makes no distinction between rich and poor and the ruler of the people, between unreasonable and reasonable, women and men, freemen and slaves ... because no one can take away from your neighbor its share of the world to enjoy himself a double. Divine law justice Epiphanes contrasted human law, to establish a private Property: "my" and "yours" came into the world through the laws, so that now nowhere no loss of generality.
Heretics widely used appeal to the texts of Scripture, corresponded to the masses. With IV in. in North Africa there was a movement of slaves, tenants, and free the poor, calling themselves agonistics (fighters, the soldiers of Christ). Armed with batons (because, according to the Scriptures, "all they that take the sword shall perish by the sword") agonistics attacked the estates of the rich, destroying documents enslaving, murdering owners latifundia or forced them to work in mills and quarries ( "if someone not work, neither should he eat "). The bishops wrote that "by their decision and order of slaves and gentlemen, to change position, urged the state to ill suppression of these movements. Birth
theocratic doctrines. St. Augustine
Recognition Christianity the state religion did not exclude the fact that between imperial power and the church at times there were tensions. On the one hand, Emperors were not strangers to look at the priests as their officials, obliged to fulfill the imperial dictates, emperors sometimes pretended to authoritarian solutions even purely religious issues. On the other hand, clergy, strong organization and its ideological influence, do not wish become obedient performers dictates of secular power. Moreover, claimed by the church not only to full independence in religious matters, but to participate in political power, demanding government assistance in the plantation Christianity, in the fight against heresies, in the multiplication and conservation of church wealth.
Claims church to participate in state government justified the so-called theocratic theories.
One of the first theoreticians of theocracy was the bishop of Constantinople, John Chrysostom (345-407 gg.). From the words of the Apostle "All power is from God", argued Chrysostom, not follows that every prince personally put a god - a god given only a general principle power. Biblical stories indicate that the kings who meddle in church - not the true kings, they are punished for such intervention. Of It follows a warning: "Stay in their borders - one outside the kingdom, other priesthood. However, the latter larger than the first ... King entrusted with the earth, I heavenly king entrusted the body, the priest of the soul ... Last principality above; therefore he bows his head under the hand of the priest ".
notable milestone in the development of political and legal ideology of the Christian church in the era slavery was teaching gipponskogo (North Africa), Bishop Aurelius Augustine (354-430.), Called the Orthodox Church "Blessed" and Catholic - a recognized saint and teacher of the church.
In work "City of God," Augustine wrote that there are two state: "City of God" (Church) and "hail the earth" (the State). Church "Wander the earth, having a goal in the sky", "church and now is the kingdom heaven. Only her fits the definition of state given by Cicero, so as only in the church - the right and the overall benefit, the true justice, peace and quiet. To the city of God belongs to the first righteous - Abel. The founder of the world hail was fratricide Cain; state - the creation of a human, his goal -- temporary, it is created by violence, coercion is held: "In the absence of justice, What is the state, as not a big gang of robbers, as well as the most bandit gang that is, if not the state in miniature ".
Acquittal State whether Augustine argued that it supports the earth, the temporary order, with the state and there are different: there are two kinds of earthly kingdoms. Some
- Organization of violence and robbery, they start with fratricides Cain, continuing fratricide Romulus, personify sin, injustice, violence, "the society of the wicked." Other kingdoms - is the "Christian States, whose power is based on concern for subordinates.
In ultimately justify the state - in the service of the church, in aid of heaven hail to send the earthly world to the world of heaven, preserve and maintain the unity of image of human thoughts and desires.
Augustine - One of the first churchmen, who called forcibly joined to the Christian Church, by force of arms to eradicate heresy. He insisted dispatch of troops to Africa to suppress agonistics: "The Audacity of peasant revolts against their owners ".
Channel evil - the free will of the people, involving them from the unity of the set. In matters of faith is very dangerous: "Before we realize we must believe." Heretics worse poisoners, they are enemies of unity. Given that the purpose of the Christian state -- good state, if infidelity can not be convinced, should "compel people, and not to teach. " "You think that nobody should be forced to the truth but reading from St. Luke, that gentleman said to his servants: prinudte enter everyone can find. (These words - compelle intrare - "sign of forced labor" in the AVERAGE century became the motto of the Inquisition. - Comm. com.) However, he reasoned, Christ nobody forced, but "whether the Emperor, who would believe in Christ and could serve him in piety, issuing laws against impiety. During the Augustine most of the population of the Roman Empire kept the old, pagan cults. Church disturbed and beyond its Christian sects of heretics. Therefore Augustine urged to use coercion for the baptism of the Gentiles and eradication of heresies: "How can kings serve the Lord in fear differently than forbidding and punishing in a pious rigor that is contrary to the dictates of gentlemen? "
Acquittal State by Augustine - and in the maintenance of social order: "I can not should be about him (God) to think that the laws of his providence were alien human realm, the dominion of people and their slaves. " Augustine put forward a new argument in support of slavery. Slavery is not created nor nature nor the right of peoples - "Slavery has earned the name of wine, not nature." Source slavery - sin Biblical Ham: "Sin - the first cause of slavery, and it happens no other way than by justice of God, who does not lie. " Channel slavery individuals -- military prisoner, and where is the justification, since the war, according to the teachings Augustine, do not contradict God's commandments.
Divine setting and are private property, income inequality, division into rich and poor. "Who created both? - Lord! Rich -- to help the poor, the poor - to experience the rich. " In the works Augustine's Christian faith openly and frankly adapts to most earthly interests of those in power. "How rich are obliged to Christ, who reimburse their losses: if they had the wrong office, Christ draws him and said to him: to leave his master ".
Characterizing "Christian state" as an example of a "world city", St. Augustine wrote: "The state is best is built and stored, being founded and is associated with faith and strong agreement when they all love the common good, higher is the benefit of a god. " Almost a model of this ideal was the Christian slave State-controlled with the participation of the clergy, the overwhelming force dissent, waging aggressive war. In justifying the past, Augustine gave a detailed interpretation of the commandment "Thou shalt not kill." His reinterpretation resulted in the fact that "its does not transgress those who wage war on the authority of God ".
Theocratic Augustine's ideas to some extent been realized in the Eastern Roman Empire (Byzantium). The close alliance between church and state, the blend of their mechanisms created a theocratic empire, overdue collapse of the slave system.
politico-legal ideology of ancient Rome, formed under the strong influence of Greek ideas thinkers razrabotala number of original designs that left its mark in the history of political and legaldoctrines. Among them - the famous definition State ( "the people's business"), given by Cicero, as well as his idea of the right (law) as a communication basis of society. Significant influence on the separation of theory right from the philosophy had a logical and legal construction of the Roman jurists development of dogma right.
Problem overcome political alienation in the political-legal ideology of the Ancient Rome is weak. Terminology is scheduled for the definition of the state as "People matter" in theory - to justify the system of checks and balances, warning degeneration of the Republic into tyranny. Cicero defined the right as Communications Society (the people), but in his understanding, it applies only to free, in addition, he also claimed that the roar of weapons (during the war) silenced laws. It
paramount importance in the history of socio-political thought belongs Christianity. The complexity of the process of establishing a new world religion, reflection of this complexity in the Christian canon (New Testament) and resulted long-term dominance of Christianity in Europe, and the possibility of using it in the Middle Ages in the opposite order: from an apology for slavery (Augustine) and serfdom (Thomas Aquinas) to justify the democratic-revolutionary (Taborites) and Communist (Thomas Munzer) programs
1. General characteristics of the main directions of political and legal thought in ancient Rome.
2. Teaching of Cicero on the state and law.
3. Political and legal views of the Roman Stoics.
4. Teaching of the Roman jurists on the right.
1. General characteristics of the main directions of political and legal thought in ancient Rome.
Ancient history of political and legal thought covers a thousand years and its evolution reflects the significant changes in the socio-economic and politico-legal life of ancient Rome. History of Rome is divided into three periods: the king (754 - 51O years. BC. E.) Republican (509 - 28 years. BC. E.) Imperial (27 BC. E. - 476 g . Mr.. e.). Moreover, a unified Roman Empire in 395 BC. e. was divided into the Western (capital - Rome) and Eastern (the capital - Constantinople) empire, and the last (Eastern Roman, Byzantine Empire) lasted until 1453.
Political and legal institutions and beliefs in ancient Rome evolved over its long history in the bitter struggle between different sections of the population - the patricians and plebeians, nobility (from the wealthy patricians and plebeians) and the have-nots, Optimates (adherents of the upper society) and popular (the supporters of free bottom), free and slaves.
In a slave society, where slaves were not independent actors political and legal life and remained only objects foreign ownership, the struggle for political power was deployed within a privileged minority.
Although the movement of slaves had not expressed any clear and distinct political and legal concepts and programs, but they are inflicting painful blows on the foundations of the slave system, of course, influenced the development of political and legal ideology that society. This influence is also visible in the attention to the "problem of the slaves", which is characteristic of the leading theories of ancient Rome, for the teachings of Cicero, the Stoics, lawyers, ideologues of early Christianity.
Ancient Roman political and legal thought there was a noticeable influence of the ancient Greek concepts. It is noteworthy that, when in the middle of V century BC. e. plebeians demanded the drawing up of written laws in Greece, the Roman envoys were sent to get acquainted with Greek law, and particularly with the laws of Solon. The results of this acquaintance had been used in the preparation of an important source of Roman law - known as 3 to o n o t in the twelfth and b l and n (the first ten tables were taken in 451 BC. W., The last two drafted and adopted in 45O -- 449 years. BC. e.).
Significant influence on the ancient authors have, in addition, the views of Socrates, Plato, Aristotle, the Epicureans, the Stoics, Polybius, and many other Greek thinkers.
Thus, the materialist views of Democritus and Zpikura, Democritus presentation of the progressive development of people from the original natural state before the creation of an orderly political participation, States and the laws of the thought of Epicurus, the contractual nature of the state and law have been accepted and developed in T and T o m d a r e - n and e m k a r o m (99 - 55 years. BC. e.) in his famous poem "On
the nature of things ".
In their theoretical constructs Roman authors used a natural-law ideas of Greek thinkers, their teachings on politics and political justice, the forms of state, on the mixed form of government, etc.
It should be borne in mind that the Roman writers were not confined to simply borrowing the provisions of its predecessors, and used them creatively and develop further, taking into account the specific socio-politicalconditions and problems of the Roman reality. For example, characteristic of Greek thought the idea
page 3 of the linkage between policy and law has been further developed and a new expression in the interpretation of Cicero State as public and legal community. Presentation of the Greek Stoics of free individuals were used by Roman authors (Cicero, and lawyers) to create, in essence, a new concept - the concept of legal entity (legal person, person).
A significant achievement of the ancient Roman idea was to create an independent discipline - jurisprudence. The Roman jurists carefully developed an extensive range of political and legal issues in the general theory of law, as well as separate legal disciplines (civil law, public and administrative law, criminal law, international law).
Roman authors in their theoretical constructions that reflected a new, different from the ancient Greek, historical and socio-political reality in circumstances where they lived and acted (high development of slavery and the relations of commodity production, the crisis of polis structure of, and the old polis ideology, the transformation of Rome into the world Power, the transition from republic to empire, from the traditional forms of government to new forms of one-man rule - to the principality and dominative, the crisis of slave labor and the formation colonate, etc.). Being ideological foundations of the defenders of the existing regime, they also, theoretically, have made a significant contribution with their creativity in the history of doctrines about the state and law and thus had a great influence on the subsequent development politikopravovyh exercises in the Middle Ages and modern times.
2. Teaching of Cicero on the state and law.
M A R K T y l n and k T and c e r o m (106 - 43 years. BC. .. E), the famous Roman orator, statesman and thinker. In his extensive work devoted considerable attention to the problems of state and law. Specifically, these questions are answered them in the papers "0 state" and "0 laws." A number of political and legal problems he examines and in other works (eg, "On Duties"), as well as in numerous political and judicial rhetoric.
State (respublica) Cicero defines as business, property of the people (res populi). And he stressed that "people are not any connection to the people gathered together in any way it was, and the connection of many people, linked together by consent of the law and common interests." Thus, the State in the interpretation of Cicero appears not only as an expression of the general interest of all its free members, which was characteristic of ancient Greek concepts, but simultaneously also as a coherent legal fellowship of those members, as some legal education, "the general rule of law." Thus, Cicero stands at the origins of the concept yuridizatsii state, which subsequently had many followers, until the modern advocates of the idea of "the rule of law e.
The main reason for the State of origin Cicero sees not so much the weakness of people and their fear (view Polybius), but in their innate need to live together. Sharing in this matter the position of Aristotle, Cicero, at odds with widespread at the time of the Epicureans of the contractual nature of the state.
The influence of Aristotle, notably in the treatment of Cicero role of the family as the original cell of society, from which gradually and naturally arises State. He said initial communication state and property, and reproduces the position stoic Panet that the reason for the government is to protect property. Violation of privacy and public property Cicero characterizes as a desecration and a violation of justice and law.
p. 4 In keeping with the traditions of ancient Greek thought Cicero pays
attention to the analysis of different forms of government, the emergence of some forms of the other, "cycling" of these forms, search for "best" form, etc. The criteria for distinguishing forms of government Cicero sees in nature and will of "those who rule the state. Depending on the number of ruling, he distinguishes three simple forms of government: imperial power, the power Optimates (aristocracy) and the people's government (democracy). "And then, when the supreme power in the hands of one person, we call this one the king, and such a polity - the royal power. When she is in the hands of elected, then we say that this civil communities to manage the ruts Optimates. People also ( because of its well known) is such a community in which everything is in the hands of the people. " All of these simple forms (or types) of the State are not perfect and not the best, but they, in Cicero, yet tolerant and can be quite strong, if only the foundations remain, and communications (including legal), who first firmly united people by virtue of their common participation in the creation of the state. Each of these forms has its advantages and disadvantages. In case if had to choose among them, preference is given to the royal power, and the last place put democracy. "Favor its own, - writes Cicero - we attracted kings, wisdom - Optimates, freedom - the people. The dignity of government, according to Cicero, can and should be in their totality, the relationship and unity are presented in a mixed (and therefore the best) form of government, but in simple forms of state, these advantages are one-sided, which is responsible for the shortcomings of simple forms, leading tostruggle between different strata of the power to change forms of government, to their degeneration into the "wrong" form.
Thus, when the royal power, says Cicero, all the other people are excluded from participation in decisions and laws, people do not enjoy freedom and removed from power and domination Optimates. In a democracy as "when everything is decided by the will of the people, then no matter how fair and moderate as it was, after all the very equality that is unfair, since if there are no degrees in social status".
The basic flaw of simple forms of the state is, according to Cicero, that they inevitably, by virtue of their inherent instability and unilateralism are on the "steep and slippery slope" that leads to disaster. Although the characteristics of a slave as a "mercenary" favorably with common perceptions of servant as "talking tools", but in general, judgments of Cicero on this issue clearly at odds with its general provisions that, by nature, we are all similar and equal to each other, that no difference between people is not that man - "a citizen of the world, as if a single hail, etc.
Much attention is paid to the work of Cicero's praise of the virtues of a true statesman and an ideal citizen. In this connection, he criticizes the presentation of the Epicureans and Stoics number that the wise man should not take the reins, and in general to actively participate in social and political life. Considering the combination of state administration of science and art, requiring not only knowledge and virtues, but also the ability to practically apply them for the common good, Cicero notes that "nature" implies the best people to ensure that "make people's lives safer and richer . He recommends studying the science of state and law as such science that can make us useful to the State ", seeing in this ministry to the State e most glorious task of wisdom and the greatest manifestation of courage and duty.
The wise statesman, according to Cicero, must see and anticipate the ways and turns in the state, to prevent the adverse course of events (changing forms of governance in an evil way, deviate from the common good and justice), and otherwise contribute to the strength and durability of the state as a "common law" .
Person ruling the affairs of state, would be wise, just, temperate, and eloquent. It should also be well versed in the teachings of the state and have basic rights, without which no one can be fair. In this regard, Cicero attaches great importance to the recording and storage of existing laws is the responsibility of counting the censors.
In the extreme case, when the question is the very welfare state as a common cause of the people, with the consent of the last true statesman, to Cicero, must "establish as a dictator in the state order." This policy was not in their own selfish purposes, and in the common interest as the savior of the republic. Following Plato, Cicero observes that the true rulers in reward for their deeds "assigned a special place in heaven, that they lived there forever, experiencing the bliss".
Duties of the ideal citizen, according to Cicero, due to the need of following such virtues as knowledge of IP-
page 7 of slime, justice, greatness of spirit and decency. Citizen not only does not have to harm others or infringe on others' property or commit other injustices, but in addition, to provide assistance to victims of injustice and work for the common good. Every way to praise the political activity of citizens, Cicero emphasizes that "in defending freedom of citizens have no private persons".
Among the most important responsibilities of a citizen Cicero, moreover, notes his duties to the state, including the duty to defend the fatherland as a warrior. Inversely, the understanding of the "law of destiny" (natural law, divine spirit) just consists in the fact that, in opposing the occasion (including a random belonging to one or another "small nation"), recognize the need for international laws and follow them. This ethical maxim is equally significant for both individuals and for their communities (states).
Similar ideas were developed and other Roman Stoics - slave descent Epictetus and the emperor (in 161 - 180.) Marcus Aurelius Antoninus. At E n and c t e t a call for personal moral perfection and proper execution of the role, which is sent down to each lot, complemented by sharp criticism of wealth and condemnation of slavery. Emphasis is placed on the immorality of slavery. "Why not wish for himself, does not want and others - Epictetus teaches - you do not like to be a slave - do not pay and others into slavery. Since you can not do without the services of slaves, you first of all himself a slave, - how not to get along with each another virtue and vice, and freedom and slavery ".
M A R K A in the p and d l e a n t o n i n developed the "conception of the state to be equal for all laws governing according to equity and equality for all, and the kingdom, above all, freedom of thought upon the subjects." Of all the people of the spiritual principle, notes Marcus Aurelius in the book "To Myself", it follows that we all - sentient beings. "If so, - continues the emperor, Stoic - that mind and commanding what to do and what not to do, too, will be the same, if so, the common law, and if so, then we are citizens. Therefore, we
page 11 are involved to some civic order, and the world is like a Castle. For who could point to some other common device, which would be involved in the entire human race? It is from this Castle, and the spiritual in us, and reasonable, and the law ".
The spirit of the whole, says Marcus Aurelius, requires communication, but not chaotic, but the corresponding strict order of the world. Hence the widespread in the world "submission and subordination," and among the people ( "the most perfect beings") - "like-mindedness", and achieve what is Stoic philosophy.
Some of the ideas of Greek and Roman Stoics (in particular, advocated their individualism, as well as natural and legal provisions) have influenced the views of the Roman jurists.
4. Teaching of the Roman jurists on the right.
In ancient Rome, occupation law was originally a matter of pontiffs - one of the colleges of priests. Each year, one of the pontiffs informed individuals position board on legal matters. Start secular law, according to legend, connected with the name G N E F I L and in myself. As a freedman, and scribe a prominent statesman - Appiah Claudia Central Committee, he stole and published a collection of the last legal formulas, which were used by law in the process (legis actiones). This paper is called jus civile Flavianum (civilian clothes right Flavia).
In 253 BC. e. the first Supreme Pontiff of the plebeians, and T b e r i d C o r a n k a n i d in the presence of the students began to analyze legal issues and open