Ancient Eastern civilizations. Ancient Eastern civilizations Babylonian kingdom. Laws of Hammurabi

Ministry of Internal Affairs of the Russian Federation

University of Moscow

Department of History of State and Law

Essay

on the topic

“Features and general features of ancient Eastern law”

Checked: Completed:

Moscow 2014

Introduction

Relevance of the topic. The origin of law is a problem from the category " eternal ", that's why she is philosophical ; its specificity and enduring historical relevance lie in the fact that throughout the history of studying the issue of the reasons for the emergence of law, it has been controversial. Due to the natural development of science, the accumulation of new facts and a deeper interpretation of old ones, today it is again advisable to address the problem legal genesis , objectively consider the origin of law as a social phenomenon and as a phenomenon by its naturecosmic order.

In the modern world, three circumstances can be identified that enhance the relevance of the study of legal genesis. The first is the emerging objective need for the inclusion of humanities scholars in the process of formation of global (transnational, universal) law taking place in the world, which, back in the 18th century, was a representative of classical German philosophy I. Kant called “ right of a citizen of the world" And " the law of civilized peoples" There is a truly significant modernization of norms, institutions and procedures in the field of international legal order, and success in the field of legal globalization will depend on the readiness and ability of participants in the upcoming transformations of world law, understanding its essential basis, to retain the positive achievements of the past and enrich them with new, more developed legal forms domestic and international relations.

The second, most important reason for the modern study of the universal nature of legal reality is the disunity of the modern world and, most importantly, regional division to the West and the East, which create the illusion of an essential difference between their legal systems. It is difficult for the West to realize that law in Eastern countries is based not on an economic-centric idea and not on the primacy of the individual, but on the primacy of spiritual tribal life. However, as many have argued thinkers past, the basis that unites all people is their belonging to a single humanity, which is inherent intelligence (logos, law), which determines the reasonableness of actions, determines the legal law, and therefore is an essential integral component of law.

The third circumstance that this study actualizes is that at present the dogmas of legal positivism have ceased to be the ultimate truth, the study external forms legal reality no longer satisfies humanities scholars, government officials and politicians. Returning to the question of the nature of law at a new historical stage in the development of science has again become in demand. At the same time, the natural law paradigm, which reveals itself when studying the origin of law, reveals its sociocultural potential, which lies in the original relationship of law with religion, morality and philosophy , also attracts attention.

These circumstances are currently contributing to the intensification of the efforts of researchers to penetrate into the depths of the most complex phenomenon, cosmic in nature, as law.

The purpose of the work is a historical and philosophical analysis of the problems associated with determining the essence of ancient Eastern law, determined by the reasons for its origin and further development.

To achieve the goal, the following tasks were set:

Analyze the philosophical and socio-political prerequisites for the emergence of legal institutions and legal consciousness in the history of society;

To identify the specifics of understanding the interpretation of law from the point of view of thinkers of the Ancient East;

To identify Western European specifics of the origin and development of law, the formation of legal consciousness and the natural law paradigm of philosophical jurisprudence in the ancient world;

Conduct comparative analysis, find commonalities and differences in legal genesis East and West.

Features of the development of state and law in the countries of the Ancient East

The concept of the East in historical science is used not so much as a geographical one, but as a historical, cultural, civilizational one. Here, for the first time in the history of the development of human society, those social and political institutions, the state, law, and world religions took shape, which have given rise since the emergence of ancient states (Ancient Greece and Rome) in the 1st millennium BC. dichotomy East West 1 .

The fundamental differences between the Eastern and Western civilizational paths of development were that in the East, unlike the West, where private property played a dominant role, private property relations, relations of private market-oriented commodity production did not occupy a significant place.

This, in turn, affected the stagnant nature of Eastern social structures, the absence in the East of conditions for the development of those political and legal institutions that were designed to serve the needs of the emerging civil society: democratic public self-government with the rights and responsibilities of every full citizen, member of the polis-republic, legal guarantees of his private interests, rights and freedoms.

The East in ancient times was represented by many countries, a number of major regional civilizations (Indo-Buddhist, Assyrian-Babylonian, Confucian-Chinese), but the above features (the absence of the dominant role of private property, the stagnant nature of development) were the main defining features of their typological similarity, in contrast to dynamically developing ancient countries, and then the countries of Western Europe, the successor of ancient civilization.

One of the main social forms that played a decisive role in the evolution of ancient Eastern societies was the rural community, which largely retained the features of a patriarchal clan organization. To a large extent, it determined the nature of political power in these societies, the role and regulatory and control functions of the ancient Eastern state, and the features of legal systems. 2

IN Ancient China For example, the basis of social life for a long time was patronymics (zong), which united “several” families (up to a thousand or more) belonging to the same kinship group. The structure of closed rural communities with a subsistence nature of production, with a combination of crafts and agriculture within each community, and the weak development of commodity-money relations formed the basis of social life in Ancient India.

The strength of communal, tribal, large family and other ties slowed down the processes of class formation, in particular the development of slavery here, but could not restrain social and property stratification in society. 3

The earliest state forms (proto-states) began to take shape in ancient Eastern civilizations (in Ancient Egypt, Ancient India, Ancient Mesopotamia, Ancient China - back in the IV-III millennium BC) during the decomposition of the communal clan organization. They developed as the division of labor increased, administrative functions became more complex, and at the same time, the persons performing these functions turned into a class of nobility that did not participate in production and stood above. ordinary community members. The self-sufficient rural community, whose position was strengthened by the collective efforts of its members to create irrigation structures, had a huge impact on slowing down the processes of class formation, forms of land ownership and methods of exploitation in ancient Eastern societies. Here the community itself was the direct owner-owner of the land. At the same time, the state acted as the supreme owner of the land, whose power and property rights were realized in the collection of rent-tax from the community members.

As supra-community management structures emerged, royal-temple farms proper began to take shape, created mainly through the appropriation of communal lands. Only people performing this or that work, serving the ruler or the temple, could own plots of royal-temple lands. Here, the labor of slaves and various categories of forced persons began to be used early.

The structure of a multi-structured economic life was determined exclusively by the variegated social composition of ancient Eastern societies, which can be differentiated within the boundaries of three main social-class formations: 1) various categories of persons deprived of the means of production, dependent forced laborers, which included races; 2) free small producers - community-based peasants and artisans who live by their own labor; 3) the dominant social stratum, which included the court and service aristocracy, army command staff, the wealthy elite of agricultural communities, etc. 4

In the East there was no clear social class boundaries; for example, there were various categories of dependent population occupying intermediate positions between free

and slaves or certain transitional categories of free people (from small landowners to the dominant ones, in particular, to the small merchants and bureaucrats). The class and legal status of an individual in society, as a rule, did not coincide and diverged from his socio-economic status.

The persistent diversity, historical continuity of social, political, legal forms and institutions, and the dominant religious ideology give grounds to define their traditionalism as the main distinguishing feature of ancient Eastern societies. This confirms the fact that the foundations, sanctified by unshakable ideological and religious principles social structure, statehood and rights of such large ancient Eastern societies as Ancient India and Ancient China that we are studying (Ancient Egypt and Ancient Babylon, as relatively centralized states, ceased to exist even BC), have survived centuries.

The general patterns of development of ancient Eastern multi-structured societies cannot erase the specific features of each of them, associated both with the dominant position of one or another structure and various forms of their interaction, and with the features of their social and political institutions, with the specific features of their cultural and civilizational development, features everyday life, people’s worldview, their ways of religious orientation. 5

In Ancient Babylon, for example, a large royal-temple economy coexisted with a relatively isolated communal-private economy, the basis of which was the labor of free communal peasants paying rent-tax to the state. The royal-temple farms used the labor of slaves and people in varying degrees of dependence, whose ranks were replenished by free farmers who had lost their communal plot. The presence of a strong royal-temple economy with a relatively developed craft, which widely carried out trade operations with the help of tamkar merchants, weakened the tax exploitation of peasant communities.

In Ancient Egypt, the communal-private sector dates back to the 2nd millennium BC. was absorbed in the royal-temple economy based on slave and semi-slave exploitation.

The specific features of ancient Indian society were associated with a rigid class division into four varnas (Brahmins, Kshatriyas, Vaishyas and Shudras), with its inherent special communal organization, distinguished high degree isolation and autonomy. Slavery relations here were closely intertwined with class-varna and caste relations. The traditional social humiliation of the lower castes, the almost complete lack of rights of those who were outside the varnas of Indian society, created opportunities for semi-slavish forms of exploitation of various categories of dependent people. 6

In Ancient China, a system of exploitation of communal peasants by the administrative nobility early developed by collecting rent-taxes, first in the form of public fields, and then by appropriating part of the harvest from the peasant plot by the ruling elite.

Currently, according to the unanimous opinion of all domestic sinologists, throughout the long history of Chinese traditional society (from the second half of the 2nd millennium BC to the second half of the 19th century V. AD) there was only one fundamental qualitative change in the development of productive forces and social production in the V-IV centuries. BC. This period was accompanied by the destruction of communal land ownership, the growth of large private land ownership, and the spread of rental forms of exploitation of land-poor and landless peasant sharecroppers sitting on both privately owned and state lands.

IN last centuries BC. in China, in the centralized Qin-Han empires (III century BC III century AD), the formation of a traditional system of exploitation by the state of tax-paying small peasant landowners by collecting a rent tax calculated on the amount of cultivated land is completed. This system remained here until the beginning of the 20th century.

Specific features of the political organization of ancient Eastern societies. The concept of “eastern despotism” originates from the “father of history” Herodotus (5th century BC), who wrote about Egyptian despot kings who forcibly closed temples and forced the entire people to build colossal tombs for them. The assertion that both ancient and medieval societies of the East were organically characterized by one despotic form of state was firmly held throughout the 18th-20th centuries, until recently. The concept of “eastern despotism” was characterized by a number of features. This is a monarchical form of government with unlimited power of a hereditary, deified monarch, acting as the sole legislator and supreme judge; a centralized state, with a strict totalitarian regime, with all-encompassing supervision over the powerless subjects of a branched administrative apparatus subordinate to the despot. At the same time, the actual diversity of political structures of ancient Eastern civilizations and their subsequent evolution was crossed out 7 .

The formalized concept of “eastern despotism”, which has the above characteristics, can, with certain grounds, be attributed to the centralized empire of Ancient China and the kingdoms of Ancient Egypt. In China, for example, the emperor was deified; there was a special cult of the emperor, the “son of heaven.” Supreme legislative power was one of the important features of his broad powers. A centralized multi-level bureaucratic apparatus, headed by the ruler himself, also developed early here. All imperial officials, regardless of rank and position, were placed under the strict control of the central authorities.

But in many it is ancient eastern states ah the power of the supreme rulers was limited to the council of the nobility or people's assembly, or self-governing large-family “urban” communities, etc.

Ancient Eastern societies were also aware of republican state forms, in which the traditions of primitive tribal democracy played a significant role), for example, republics in city-states of Phenicia and Mesopotamia. Some eastern states were not distinguished by the full set of the above formal characteristics of “eastern despotism.”

The rulers of ancient India, for example, did not have unlimited legislative powers. Even in the large, relatively centralized Mauryan state (IV-II centuries BC) great importance had collegial bodies of state power, such as the advisory body under the king raja sabha and the council of dignitaries mantriparishad. One of the most striking features of the Mauryan Empire was its inclusion of semi-autonomous republican states. state entities gan and sangh. 8

In his political development the countries of the Ancient East passed as a whole common path from small tribal formations, new city-states to hegemony-kingdoms, and then to relatively centralized empires, usually multi-ethnic, created through the conquest and annexation of their neighbors.

But in India, unlike China, fragmentation was the rule and a centralized state the exception. In Mesopotamia, royal power can be considered hereditary with reservations. When transferring power to one of the ruler's sons, the final word belonged to the priest-oracles. The king was not the highest court. Here, as in India, a certain degree of community self-government was maintained at almost all stages of development. Community self-government bodies bore the brunt of concerns about the welfare of the community, the timely payment of rent and taxes to the treasury and the organization of public works.

At the same time, it cannot be denied that in ancient Eastern civilizations in the religious mass consciousness there was a special mystical attitude towards power, royalty, and the ruler.

Recognition of a higher, divine authority, organically arising from the existing world order, and therefore the unlimited despotic powers of the ruler, was a fundamental element of Eastern spiritual culture and religious ideology, which largely determined various aspects of the life of ancient Eastern societies. Taking these circumstances into account, it is necessary to distinguish the concept of “oriental despotism” in cultural-civilizational, socio-historical and formal-legal senses.

Acting like any other state as an instrument of social-class domination, the ancient Eastern monarchical state was called upon at the same time to perform functions related to the coordination of disparate communal production and ensuring the essential conditions for its development. In the absence or weak development of market relations, the state with its administrative-command apparatus performed special monitoring and regulatory functions, which ensured the exclusive place and importance of the governing elite in Eastern society.

But no less important was the activity of power structures and the state in maintaining the religious and cultural unity of ancient Eastern societies, ensured on the basis of preserving their original, fundamental values. The importance of targeted conservation and strengthening of religious ideology in ancient Eastern societies was also determined to a large extent by the weakness of economic ties, the almost complete absence of market relations given the natural nature of communal production. Religious ideology, which plays an important role in maintaining the unity of a particular Eastern society, was built on the basis of various moral, ethical, religious values, but invariably assigned a special place to the “connecting unity” - the ruler.

So, for example, back in the ancient kingdom (3rd millennium BC) Egyptian pharaohs the sacred title of “son of the sun god” began to be assigned, and a particularly solemn ritual for their burial was developed. As a symbol of the greatness of the pharaohs, the famous pyramids were built, which suppressed the imagination of people, instilling in them sacred fear and reverence for the throne. In Ancient Egypt, a significant sector of the economic activity of government officials and priests was in one way or another connected with the funeral service around the tombs of the pharaohs. “You are Ra (the sun god), your image is his image, you are a celestial being,” it was said about the young Tutankhamun in one of the ancient Egyptian papyri. The Egyptian king is the guardian of life on earth, without him life is impossible in the afterlife. While devoting energy to the construction of the majestic tombs of the pharaohs, the Egyptians also took care of their own posthumous existence. 9

The ideological function was of particular importance in despotic China. Here, over the centuries, the state formed a unified worldview, glorifying the despot ruler, and supported the myth of the divine origin of the emperor as the “son of heaven.”

Both in Ancient India and in Ancient Babylon, despite their historical characteristics, kings were also invariably exalted. Their names were placed next to the names of the gods. In Babylon, the king appears as a man who, however, due to his being chosen by the gods, is endowed with divine royalty, elevating him above people.

In the mass consciousness, rulers were endowed with omnipotent, despotic powers not only due to the divine nature of their power - royalty, but also due to the sole role assigned to them in maintaining security, justice, and social justice in society. The stability of patriarchal-communal relations, on the basis of which early state despotic regimes developed, formed in the public consciousness the image of a ruler-father, a protector of the weak and disadvantaged. For example, Confucianism, the dominant ideology of Ancient China, directly transferred the system of a large patriarchal family to the entire Chinese society, headed by the emperor.

The Hindu political-religious concept of a godly king (devardmeya) prescribed him to perform special dharma (duties). One of the main responsibilities is the protection of authentic ones. “Everything the king does is right. This is the recognized law,” written in Narada, one of the religious and legal treatises of Ancient India. “After all, he has been entrusted with the dharma of the world, and he protects it, based on power and mercy for all living things.” The king was also entrusted with the administration of justice with the help of experienced brahmanas. He, the guardian of all minors and widows, was supposed to lead the fight against Natural disasters, hunger. An important function of kings, according to the ancient political treatise of India, the Arthashastra, was the organization of public works and the construction of irrigation structures. These ideas about the good deeds of the rulers had to be supported by their general socially significant activities, which were especially characteristic, for example, of Ancient Babylon (this is the practice of royal orders “misharum”, freeing the poor from debts, and legal norms limiting debt slavery to a three-year period , and established interest rates on usurious loans, etc.). It is also characteristic that the strengthening of the despotic features of the ancient Eastern state often occurs in the process of struggle not with the people, but with the nobility, with aristocratic and priestly circles, and separatism. Strengthening power eastern rulers often accompanied not so much by arbitrariness as by active law-making, the creation of written legal codes and codes (the Code of Laws of Hammurabi in the 18th century BC in Babylon, etc.). 10

The desire to maintain law and order was characteristic of eastern monarchies, as a rule, during periods of their heyday and rise.

Along with the state, law also developed in ancient Eastern societies, which had a number of common features in the countries of the Ancient East. In particular, it openly reinforced social inequality, which was manifested primarily in the degraded position of slaves. Regardless of whether a slave could have a family or own this or that property in the interests of the owner, in the East he acted as a thing and was considered as such by the current law. Ancient Eastern legislation also consolidated the class inequality of the free. It was present in one form or another in all ancient Eastern legal systems of public service.

The law of the Ancient East is inextricably linked with religion and religious morality. The legal norm here, with rare exceptions, had a religious justification. An offense is a simultaneous violation of norms, religion and morality.

For centuries, the main source of law in ancient Eastern states remained customs, which, being a product of communal creativity, were not written down for a long time, but were preserved in the oral tradition and memory of fellow tribesmen. References to ancient sages with sacred authority, guardians of customs, can be found in almost all monuments of ancient Eastern law, which reflected its traditional character. The rules of law were based on and oriented towards established patterns of behavior that had developed in the past. Custom, filled with new social content and sanctioned by the state, remained the main source of law even when written legal codes, Brahmanical compilations, etc. appeared. 11

The first monuments of law mainly consolidated the most widespread customs and established judicial practice. This is due to their incompleteness, the lack of development of a number of institutions and norms, and their casuistic nature, since the legal norm was not fixed in an abstract form, but in the form of a specific case. The legal systems that were formed in the slowly evolving ancient Eastern societies reflected the norms of the old tribal system, for example, providing for the collective responsibility of family members or even all members of a neighboring community for offenses committed by one of them, blood feud, lynching, talion. Using the example of such universal customs as blood feud and talion, which reflected the principle of equal retribution of the tribal system (an eye for an eye, a tooth for a tooth), one can trace from the monuments of ancient Eastern law how these old customs were filled with new content. The emergence of property, class, professional and other differences led to a direct distortion of the idea of the primitive communal system of equal retribution in the norms of ancient Eastern law. These norms began to be based on the fact that the price of the blood of a noble, rich person is higher than the price of the blood of a poor, ignorant person.

The general traditional features of ancient Eastern law were determined to a large extent by the long existence in the countries of the Ancient East of such social forms as the community and the large patriarchal family. In all the norms of ancient Eastern marriage and inheritance law, one can trace, for example, such traditional features as the subordinate, degraded position of women and children in a patriarchal family, inequality of inheritance rights of women with men, etc.

In ancient Eastern law one cannot find ideas about branches of law, about clear differences between crimes and private offenses. At first glance, the legal documents of the Ancient East are presented not only unsystematically, but also without any internal logic. But the internal logic of the presentation of norms in these legal monuments is present. It is determined either by religious concepts about the severity and sinfulness of this or that human behavior in Ancient Babylon and Ancient China or by the religious concept of the universe, class-varna division in Ancient India.

Speaking about the general elements of the legal systems of the countries of the Ancient East, one cannot help but see the specific features of their legal principles, institutions and norms related to the characteristics of spiritual culture, religion, and one or another value system.

Thus, in Ancient Egypt, the country of “total slavery”, under the conditions of the dominance of the administrative-command royal apparatus, with its hypertrophied control and regulatory functions, conditions were not created even for general ideas about legal capacity, legal status of the individual. 12

In ancient Confucian China, both religion and law initially rejected the idea of equality of people and proceeded from the recognition of differences between members of Chinese society depending on gender, age, place in the system of kinship relations and social hierarchy. This excluded the creation of prerequisites not only for the development of civil society, private property, subjective rights and freedoms, but also private law as such. Chinese traditional law is primarily criminal law, including norms of marriage, family and civil law, the violation of which entailed criminal punishment.

Unlike China, where theology as such did not play a significant role (Confucianism can only conditionally be called a religion, it is rather an ethical and political teaching), Indian civilization has a pronounced religious character. All aspects of life in ancient Indian society were regulated by strictly developed ethical-caste norms, traditional rules of behavior, different for different social groups and ashrams (stages of human life), the implementation of which brought religious merit, while violation led to religious and social degradation. In ancient Indian society, in this regard, the learned Brahman was of particular value, performing the functions of educating people in the spirit of strict adherence to dharma, the rules of behavior of a religious Hindu, caste norms and ritual. This largely explains both the specificity of the sources of law in Ancient India, among which the Brahmanical instructive works of the Dharmashastra occupied a special place, as well as other features of the traditional Hindu law that has survived centuries. 13

2 Ancient Eastern civilizations: main features.

The concept of the East in historical science is used not so much as a geographical one, but as a civilizational one. The Ancient East is rightfully considered the cradle of statehood. Here, almost simultaneously and over large territories, the first institutions of state and law in the history of mankind arose, and judicial bodies appeared.
The states of the Ancient East arose in those territories that were the valleys of the great rivers: the Nile, Tigris and Euphrates, Indus and Ganges, Yangtze and Yellow River. This provided people with river water for individual irrigation of their lands, and thereby made it possible to increase food production, which was an incentive to create a system of division of labor and mutual cooperation. Rivers also served as transport arteries.
World civilizations arose where the average annual isotherm is +20° C. This isotherm passes through Egypt, Mesopotamia, the Indus Valley, Eastern China and further across the ocean to the places of Mesoamerican civilizations. It’s not for nothing that a temperature of +20° C is called room temperature; this is the temperature of maximum comfort for the human body.
This is where the optimal ecological environment created favorable conditions for the production of a constant surplus product with fairly primitive tools, which led to the decomposition of the clan organization of society and allowed humanity to make a breakthrough into civilization. 14
Within the framework of ancient Eastern societies, special social, political and legal structures developed.
Eastern society was characterized by the following features:
1) patriarchy. Its preservation was facilitated by the dominance of subsistence farming, the stability of state forms of land ownership, and the extremely slow development of individual private property;
2) collectivism. Ancient Eastern civilizations can be classified as agricultural civilizations. Economic activity in these regions was possible only in the presence of complex irrigation systems that regulated the flow regime of the great rivers. Their creation and use required great collective efforts of people. We cannot discount the special role of collective mutual assistance and support in everyday life;
3) community. The uniqueness of the social system of the ancient Eastern states was created primarily by its social base - the community. With its conservatism, its alienation from outside world and reluctance to interfere in politics, the community contributed to the transformation central government into despotism. The suppression of a person, his personality, his will began within the community to which he belonged. At the same time, communities could not do without the organizing role of the central government;
4) traditionalism. This confirms the fact that the foundations of the social structure, statehood and law of ancient Eastern societies have survived centuries;
5) religiosity. Religion determined a person's way of life. The person was focused on spiritual self-improvement;
6) motley social composition. It can be differentiated within three groups:
the ruling layer (officials, court and service aristocracy, military leaders, priests, etc.);
free small producers (peasants, artisans);
various categories of persons deprived of the means of production (forced workers, including slaves).
Ancient Eastern law - Egyptian, Babylonian, Hindu, Chinese - is of interest primarily as stable legal systems that are in a certain mutual dependence with the religious beliefs and culture of that time and at the same time in continuity with previous institutions of customary law.
The law of the Ancient East was characterized by the following features:
it was common law;
it has been greatly influenced by religion;
it was class law;
the degraded position of women and children was clearly evident;
legal liability was mainly criminal in nature. The law of talion was in effect (retribution equal in force to the crime);
the community, the collective, was placed at the center of the legal system.
The basis of any legal proceedings was the established procedure for collecting, securing and evaluating evidence; any changes in this order led, accordingly, to changes in the structure of the court and the forms of the process.
The history of law knows two ways of differentiated construction of the judicial process:
creation of local courts with a simplified form of legal proceedings, simple in structure, accessible to residents, considering cases of minor offenses,
creation of courts to consider more complex cases of serious crimes 15 .

Conclusion

The history and theory of the development of law and the state and the processes of their universalization indicate that the basis of one or another form of official government regulation and ordering of social relations, including a global nature, is a certain type of legal understanding and the corresponding conceptual and legal perception and interpretation of the concept states. Traditionally, the problems of state-legal unification and universalization were theoretically developed and practically solved from the positions of two opposing, largely antagonistic, types of legal understanding - jusnaturalism (natural law approach) and positivism (legism). In modern international and domestic legal acts, the external, pragmatic compromise of these two fundamentally different approaches is expressed in the form of a requirement that the norms of positive law comply with generally recognized natural and inalienable human rights and freedoms. As a new conceptual approach that retains the cognitively valuable moments of the other two types and at the same time overcomes their significant shortcomings, antagonism and one-sidedness, in our opinion, the libertarian-legal general theory of law and state can be used, allowing a more adequate and consistent interpretation of the content , forms and prospects of the processes of legal universalization and unification, the meaning, directions and features of these processes in the conditions of modern general social globalization.

Within the framework of the libertarian-legal approach, the essence of law (the principle of formal equality) is distinguished, i.e., that which is objectively inherent in law and does not depend on the will and arbitrariness of the official law-establishing authority. authorities, and an external phenomenon that claims (not always legitimately) legal significance - generally binding official government normative regulations (various acts and sources of existing domestic and international law, generally speaking, the law). The sought (in line with libertarian teaching) unity of essence and phenomenon in the sphere of law is a legal law, when a generally binding normative phenomenon (law, norms of existing positive law) corresponds to the essence of law (the principle of formal equality), i.e. it represents precisely and only legal a universally obligatory phenomenon, and not just any (moral, religious or arbitrary) generally obligatory phenomenon. In those cases (very common both in the past and today), when a generally binding phenomenon (law) contradicts the essence of law, we are dealing with an unlawful (offensive, anti-legal) law (with norms of positive law that contradict the principle of formal equality).

The principle of formal equality represents the unity of three mutually implying essential properties (characteristics) of law - a universal equal measure (and scale) of regulation, freedom and justice. This trinity of essential properties of law (three components of the principle of formal equality) can be characterized as three interconnected meanings of one meaning: one without the other (one property without other properties) is impossible. The universal equal measure inherent in law is precisely an equal measure of freedom and justice, and freedom and justice are impossible without and without equality (universal equal measure and a single scale of regulation).

The legal type (form) of relationships between people is a relationship regulated according to a single abstract-universal scale and an equal measure (norm) of permissions, prohibitions, rewards, etc. This type (form) of relationships includes: 1) formal equality of participants ( subjects) of a given type (form) of relationships (in fact, different subjects are equalized by a single measure and a common form); 2) their formal freedom (formal independence from each other and at the same time subordination to a single and equal measure, action according to a single general form); 3) formal justice in their relationships (abstract-universal, equally equal for all of them, measure and form of permissions, prohibitions, etc., excluding anyone’s privileges). Equality (universal equal measure) presupposes and includes freedom and justice, freedom equal measure and justice, justice - equal measure and freedom. At the same time, equality, freedom and justice, as properties of the legal essence (moments of the principle of formal equality), are of a formal (formal-substantive, and not factually-substantive) nature, are formal legal qualities (and categories), are included in the concept of law, are possible and are expressible only in a universal, universally legal form.

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Grebenkov, G.V. Cultural and anthropological origins of ancient Eastern law / G.V. Grebepkov // Philosophy of Law. 2006. - No. 4 (20). - P. 12-22.
Gritsenko, G. D. Law as a sociocultural phenomenon: philosophical and anthropological. concept: abstract. dis. . Dr. philosopher . Sciences: 09.00.13 / G. D. Gritsenko; Stavrop. state univ. Stavropol, 2003. - 42 p.
Kravtsova, M. E. History of Chinese culture / M. E. Kravtsova. St. Petersburg : Lan, 1999.-416 p.
Kravchenko, I. I. State and society / I. I. Kravchenko // Issues. philosophy. 2007. - No. 7. - P. 10-17.
Pristensky, V.P. The problem of the universality of law, its philosophical and anthropological meaning / V.N. Pristensky // Philosophy of Law. 2007. - No. 3 (23). - pp. 48-54.
Samige, A. Ancient Eastern law / A. Samige // Law and politics. 2004. - No. 4. p. 144-148.
Seregin, N. S. All-Russian Scientific and Theoretical Conference " Understanding the Law ", dedicated 75th anniversary of the birth of prof. A. B. Vengerova (1928-1998) / N. S. Seregin // State and law. 2003. No. 8.-S. 102-113.
Sokolov, A. N. Theory of law and state support, abstract / 2002
Yavich, L. S. The essence of law: Social and philosophical. understanding of the genesis, development and functioning of legal entities. forms of societies, relations / L. S. Yavich. L.: Publishing house Leningrad State University, 2002

2 Gilyazutdinova, R. X. The nature of tree law / P. X. Gilya-zutdinova. Ufa: TRANSTEC, 2003

3 Pristensky, V.P. The problem of the universality of law, its philosophical and anthropological meaning / V.N. Pristensky // Philosophy of Law. 2007. - No. 3 (23).

4 Gilyazutdinova, R. X. The nature of tree law / P. X. Gilya-zutdinova. Ufa: TRANSTEC, 2003 p. 159

5 Gilyazutdinova, R. X. The nature of tree law / P. X. Gilya-zutdinova. Ufa: TRANSTEC, 2003 p. 162

6 Gilyazutdinova, R. X. The nature of tree law / P. X. Gilya-zutdinova. Ufa: TRANSTEC, 2003 p. 164

7 Gilyazutdinova, R. X. The nature of tree law / P. X. Gilya-zutdinova. Ufa: TRANSTEC, 2003 p. 81

8 Galikeeva, I. G. From the rule of law to the international legal order / I. G. Galikeeva // Rule of law: theory and practice. 2007. No. 2 p. 72

10 Galikeeva, I. G. From the rule of law to the international legal order / I. G. Galikeeva // Rule of law: theory and practice. 2007. No. 2 p. 73

11 Alekseev, S. S. Ascent to law: Searches and solutions / S. S. Alekseev. 2nd ed., revised. and additional - M.: Norma, 2002. p. 204

12 Alekseev, S. S. Ascent to law: Searches and solutions / S. S. Alekseev. 2nd ed., revised. and additional - M.: Norma, 2002. p. 206

13 Baitin, M. I. Questions of General Theory of State and Law / M. I. Baitin. Saratov: Saratov, state. acad. rights, 2006.- from 217

14 Baitin, M. I. Questions of General Theory of State and Law / M. I. Baitin. Saratov: Saratov, state. acad. rights, 2006.- from 219

15 Alekseev, S. S. Law on the threshold of the new millennium: Some trends in global legal development hope and drama of the modern era / S. S. Alekseev. M.: Status, 2000 p. 67

General and specific in the development of ancient Eastern statehood

The concept of the East is used in science as geographical, historical, cultural and civilizational. The debate about the peculiarities of development and the “lag” of the East in comparison with Western civilization is always particularly acute. Since studying the subject of this dispute is not our task at the moment, we will focus on a brief description of the East.

From a geographic point of view, we call ancient Eastern states states that appeared in Ancient Egypt, Ancient Mesopotamia, Ancient China, Ancient India.

Currently, the most common is the civilizational approach to characterizing the level of development of states. From the standpoint of this approach, awareness of the national, racial and cultural specifics of the countries and peoples of the East is brought to the fore.

Thanks to the testimonies of Christian missionaries, in the 16th – 17th centuries, who were the first to draw attention to the significant differences between regions in the political structure and value orientations of people, two directions appeared in the assessment of the East: panegyric and critical. As part of the first, the East, and, above all, China - a country of general prosperity, learning and enlightenment - was held up as an example to European monarchs as a model of wisdom in governance. The second focused on the spirit of stagnation and slavery that reigned in Eastern despotism.

The peculiarities of the formation of despotic ancient Eastern states were determined, first of all, by geographical factors. Economic work on the creation of irrigation structures played a major role in the formation of statehood. The main task of the nascent state apparatus was to organize public works to build canals to combat drought.

In Ancient Egypt, where nomadic tribes initially lived on the banks of the Nile, people gradually switched to a settled life. They acquired labor skills, learned to cope with annual floods, and distribute the waters of the Nile over vast territories using canals and water-lifting devices. Irrigation work, due to its complexity and labor intensity, required skillful organization. It began to be carried out by specially assigned people who were capable of not only organizing the implementation of the necessary work, but also monitoring the entire progress of irrigation construction.

A similar climate existed in Western Asia, where the Babylonian kingdom arose. The plain along two large rivers - the Tigris and Euphrates - only gets moistened towards the end of spring. And here, enormous efforts were required to turn the swamps formed by floods and the steppes drying out after floods into lands suitable for agriculture. In addition, irrigation structures had to be constantly maintained.

The earliest state forms (proto-states) began to take shape in ancient Eastern civilizations - in Ancient Egypt, Ancient Mesopotamia, Ancient China, Ancient India back in the 4th-3rd millennia BC. during the disintegration of the communal clan organization. They arose as the division of labor deepened, management functions became more complex, and at the same time, the people performing these functions turned into a class that did not take part in the production process, standing above ordinary community members. The strengthening of the position of the rural community was facilitated by the collective efforts of its members to create irrigation structures. The community had a huge influence not only on slowing down the process of class formation, but also on the forms of land ownership and methods of exploitation in the states of the Ancient East. The owner of the land was the community itself. Its rights to land were expressed in the fact that there were communal lands themselves, as well as in the right of control on the part of the community over how the owner disposes of his land. The state also acted as the owner of the land, its power and property rights were expressed and implemented in the form of receiving a tax - land rent from the community members.

In the process of the emergence of management structures, royal-temple farms began to take shape. They were created in different ways: first of all, through the appropriation of communal lands. Here the labor of slaves and other categories of forced persons began to be used early. Only people who performed one or another work for the state or were in public service could own plots of royal-temple lands.

Due to the multi-structured economic life, a rather variegated social composition of the ancient Eastern states was formed, which was represented mainly by three social-class formations:

1. The lowest layer - various categories of people who do not have the means of production, dependent forced laborers, as well as slaves.

2. Community peasants and artisans are free small producers who live by their own labor.

3. The dominant social stratum, which included the court and service aristocracy, army command staff, and the wealthy elite of agricultural communities.

There were categories of the dependent population occupying intermediate positions between free and slaves, as well as people occupying a transitional position from the middle layer to the dominant one. There were no clear boundaries in the social class structure at this stage.

Thus, the despotic states that emerged in the East were characterized by the absence of private property and economic classes. In these societies, the dominance of the administrative apparatus and the principle of centralized redistribution (tribute, taxes, duties) was combined with the autonomy of communities and other social corporations in solving all internal problems. The arbitrariness of power in contact with an individual gave rise to the “servile complex” syndrome, i.e. slavish servility. A society with such a social genotype had strength, which was manifested, among other things, in the ineradicable potential of regeneration: on the basis of a state that collapsed for one reason or another, a new one easily, almost automatically, arose, with the same parameters, even if this state appeared with a new ethnic group .

As this society evolved, commodity relations and private property appeared. But from the moment of their emergence, they automatically came under the control of the authorities and found themselves completely dependent on it.

Many eastern states had developed trade and a thriving economy. But all these attributes of private ownership market economy were deprived of what could ensure their self-development: all market participants were hostages of the authorities and could be ruined at any time at the will of officials; sometimes the displeasure of the authorities led to death and confiscation of property in favor of the treasury.

In Asian societies, the principle of “power – property” prevailed, in which power gave birth to property. In the states of the East, only people involved in power had social significance, while wealth and property meant little. People who lost power became powerless.

The persistent diversity, historical continuity of social, political, legal forms and institutions, and the dominant religious ideology give grounds to define their traditionalism as the main distinguishing feature of ancient Eastern societies. This confirms the fact that the foundations of social culture, illuminated by the unshakable ideological and religious attitudes of such states as Ancient India and Ancient China (Assyria, Sumer and Babylon), have survived centuries.

In the ancient Eastern states, in the religious mass consciousness there was a mystical attitude towards the supreme ruler. Recognition of his divine authority led to the recognition of unlimited despotic powers. This was a fundamental element of Eastern culture, religious ideology, determining various aspects of the life of Eastern states. Taking these circumstances into account, the concept of “oriental despotism” should be distinguished in cultural-civilizational, socio-historical and formal-legal senses.

In this regard, we can identify functions common to all ancient Eastern states:

1. The ancient Eastern state, with the weak development of market relations, was called upon to perform control and regulatory functions, which ensured the special status of the governing class.

2. The state was also engaged in activities to maintain the religious and cultural unity of ancient Eastern societies, ensuring the preservation of their original, fundamental values. The importance of religious ideology in the ancient Eastern states was also determined by the weakness of economic ties and market relations, and the dominance of subsistence farming. Under these conditions, religion was a unifying factor, a unified worldview was formed, and the ruler was assigned a connecting role.

3. In the mass consciousness, rulers were endowed with omnipotent, despotic powers not only because of the divine nature of their power, but also because they were assigned the most important function of maintaining security, justice, and fairness in society. These ideas about the role of the ruler were supported by social activities to protect the poor (limitation of debt slavery, restrictions on interest, etc.). The strengthening of the despotic features of eastern states was usually associated with the fight against the nobility, and not with the people.

At the same time, with the general patterns of ancient Eastern multi-structured societies, there were specific features of each of the ancient Eastern states, which were formed depending on the time of their existence, the dominant position of one or another structure with various forms of their interaction, with the characteristics of their social and political institutions, with the specifics of their religious and cultural traits.

The assertion that all eastern states are characterized by one, despotic form of state, firmly held throughout the VVIII - XX centuries, until recently. For the concept of “eastern despotism,” scientists have derived a number of characteristics. Despotism is a monarchical form of government with unlimited power of a hereditary, deified monarch, who acts as the sole legislator and supreme judge; a centralized state with a strict totalitarian regime, with comprehensive supervision over powerless subjects.

Modern scientists attribute this concept of “oriental despotism”, first of all, to the centralized empires of Ancient China and Ancient Egypt. Indeed, in China the emperor was considered the “son of heaven”; there was a special cult of the emperor. One of the most important signs of his unlimited powers was the supreme legislative power. There was a centralized multi-level administrative apparatus, headed by the emperor. All officials were strictly controlled by the central government.

At the same time, in other ancient Eastern states there was no such strict system of dependence on imperial power. In particular, the power of the rulers was limited to a council consisting of the nobility or a popular assembly, or urban communities.

In ancient India, rulers did not have unlimited legislative powers. Here, collegial authorities were of great importance, such as the advisory body under the king - rajasabha and the council of dignitaries - mantriparishad. For example, one of the features of the Mauryan Empire was the inclusion of semi-autonomous state entities - the Gana and the Sang.

Unlike China, in India fragmentation was the rule and a centralized state the exception. As for the heredity of power, it was not clearly visible everywhere. For example, in Mesopotamia, supreme power was transferred to one of the sons, but the final word belonged to the oracle priests. In this state, the king did not have the highest supreme power. Community self-government has been preserved here. Bodies of public self-government took care of the welfare of the community, the organization of public works, and the timely payment of land rent to the treasury.

Thus, not all ancient Eastern states can be characterized as despotic. Despite the presence of common features, in many of them the supreme power was limited by the power of the priests and the activities of the community.

With the emergence of the state, law arises. The peculiarities of the law of the Ancient East were that it was inextricably linked with religion. Almost all legal norms coincided with religious norms. The main source of law was customs; all monuments of ancient Eastern law contain references to ancient sages.

When written codes of law appeared, customs became legal norms, acquiring a more modern character. It is with the norms of customs that a rather complex legal practice is associated, the casuistic nature of legal norms that did not have clear formulations, but were based on precedent. Common to all ancient Eastern states was the degraded position of women, which was reflected in the norms of family and inheritance law. There is also no clear idea of the branches of law. The fact is that the presentation of legal norms has its own logic. It is determined by the severity of crimes from a religious point of view. And legal norms are arranged not by industry, but by the severity of the crime.

Despite the common features, the legal norms of the ancient Eastern states have their own characteristics. For example, in Ancient Egypt there was not even the slightest idea about the legal status of an individual.

In China, both religion and law initially rejected the idea of equality of people, so there were no prerequisites not only for the development of civil society, private property, rights and freedoms, but also private law as such. Chinese law is, first of all, criminal law, which includes norms of both civil and family law, the violation of which entails criminal penalties.

Indian law has a pronounced religious character. All aspects of life in ancient Indian society were regulated by the strictest ethical-caste norms, traditional rules of behavior, different for different social groups. Fulfillment of these rules brought religious merit, and their violation led to social and religious degradation. In this regard, in Indian society, a large role was assigned to learned brahmins, who raised people in the spirit of following the rules of behavior prescribed by religion. Therefore, in ancient Indian law, a significant place is allocated to Brahmanical instructive works.

Thus, the ancient Eastern states have many common features, both in the formation of statehood and in the basic socio-economic and religious functions performed by the states. The legal norms of these states also have similar features, characterized primarily by the religious and traditional content of legal norms. At the same time, the differences in these states also gave rise to the distinctive features of individual states of the Ancient East.

Bibliography

1. History of state and law foreign countries. Part 1. Textbook for universities. Under. Ed. Prof. Krasheninnikova N.A. and prof. Zhidkova O.A. – M.: Publishing group INFRA M – NORM, 1997. – 480 p.

3. Philosophy: Textbook for higher educational institutions. – Rostov-n/D.: “Phoenix”, 1996 – 576 p.

The tutorial was developed based on an example program academic discipline History (author V.V. Artemov) FGAU "FIRO" Ministry of Education and Science of Russia, 2015 intended for the implementation of the main professional educational program Secondary professional education on the basis of basic general education with simultaneous receipt of secondary general education. The program was developed taking into account the requirements of the Federal State Educational Standard for secondary general education (order of the Ministry of Education and Science of Russia dated May 17, 2012 No. 413), as well as the requirements of the Federal State Educational Standard for the third generation of secondary education vocational education, approved by the Ministry of Education and Science Russian Federation in 2014.

The textbook presents materials for conducting practical classes in the discipline History for the 1st semester. The material for each lesson is presented in the following sequence: the purpose of the lesson is briefly formulated, the specific task and the order of its implementation are determined. For each topic, test questions have been developed that will help students prepare well for practical work, to more fully master the textbook material and better navigate historical events past and present.

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Ministry of Education and Science of the Krasnodar Territory

state budgetary professional educational institution

Krasnodar region

"KRASNODAR TECHNICAL COLLEGE"

Goncharenko Irina Vladimirovna

Tutorial.

Collection of practical lessons in the discipline OUD.04 “History”.

Krasnodar

2015

I APPROVED

Deputy Director for MMR

"_____" ____________ 2015

I.R. Mutyeva

The textbook was developed on the basis of an approximate program for the academic discipline History (author V.V. Artemov) Federal State Autonomous Institution “FIRO” Ministry of Education and Science of Russia, 2015intended for the implementation of the basic professional educational program of secondary vocational education on the basis of basic general education with the simultaneous receipt of secondary general education. The program was developed taking into account the requirements of the Federal State Educational Standard for secondary general education (order of the Ministry of Education and Science of Russia dated May 17, 2012 No. 413), as well as the requirements of the Federal State Educational Standard for the third generation of secondary vocational education, approved by the Ministry of Education and Science of the Russian Federation in 2014.

The textbook presents materials for conducting practical classes in the discipline History for the 1st semester. The material for each lesson is presented in the following sequence: the purpose of the lesson is briefly formulated, the specific task and the order of its implementation are determined. For each topic, test questions have been developed that will help students prepare well for practical work,to more fully master the textbook material and better navigate the historical events of the past and present.

Developer:

Reviewers:

1 _________________________________________,

(full name, position)

2 _________________________________________,

(full name, position)

Diploma qualification: ___________________

Introduction

This collection of practical works on history (from ancient times to late XVIII century) represents tutorial to the textbook “History” by V.V. Artemov and Yu.N. Lubchenkova (Academy Publishing Center, Moscow, 2014) for students in educational institutions of primary and secondary vocational education.

All tasks in the collection are aimed at assimilation, repetition and consolidation of the knowledge gained from studying the material in the textbook “History” by V.V. Artemov and Yu.N. Lubchenkov. Carrying out practical work contributes to mastering the skills of searching, systematizing and comprehensive analysis historical information, drawing up diagrams and tables, developing historical thinking - the ability to consider events and phenomena from the point of view of their historical conditionality, critically analyze sources, establish cause-and-effect relationships, draw conclusions, present the results of the study historical material in the form of tables and diagrams. Completing some tasks requires additional knowledge, which indicates the students’ horizons.

The material for each lesson is presented in the following sequence: the purpose of the lesson is briefly formulated, the specific task and the order of its implementation are determined. Test questions have been developed for each topic to help students prepare well for practical work.

Practical classes include various types of tasks.

Reproductive tasks.In answers to such tasks, students should list the causes, consequences, and meanings of events. Define the concepts. The evaluation criterion is the correctness and completeness of the answer.

Tasks for filling out tables.The tables are filled in completely. The evaluation criterion is the correctness and completeness of filling out the table columns.

Tasks for drawing up diagrams.The diagrams are drawn up based on the text of the textbook. Schemes can be vertical and horizontal. The evaluation of the diagram depends on the completeness and correctness of the relationship between its elements.

Tasks on working with sources and documents.After carefully reading the source, you need to complete the formulated task. In this case, the correctness and completeness of the answer is assessed.

Practical work provides for a differentiated approach to students. They are told in advance how many correctly completed assignments they can receive satisfactory, good, and excellent grades.

Assignments are completed individually in specially prepared notebooks for practical classes. Students hand them over to the teacher with a survey on test questions and homework.

The whole range of tasks will allow students to more fully master the textbook material and better navigate the historical events of the past and present.

List of practical classes in the discipline OUD.04 History

1 semester

Practical lesson No. 1

Practical lesson No. 2

Practical lesson No. 3

Practical lesson No. 4

Topic: “Fragmentation in Rus'.”

Practical lesson No. 5

Practical lesson No. 6

Practical lesson No. 7

Practical lesson No. 8

Practical lesson No. 9

practical lesson No. 1

Topic: “The origin of man. People of the Paleolithic era. Neolithic revolution and its consequences."

Purpose: To become familiar with the concepts of clan community, anthropogenesis, Paleolithic, Neolithic revolution, appropriating and producing economy, neighboring community, social division of labor, customary law, tribal union; learn to make a detailed plan; train the ability to highlight the main thing in the text (main semantic units).

Task No. 1 .When studying species primitive man It is advisable to systematize the material of the paragraph using the table. 1.

Table 1. Species of the most ancient man and their characteristics (Species of the most ancient man. Characteristics of the species. Place of discovery of the remains of the species. Who discovered the species.

Task No. 2. Answer questions and complete the task: 1. What natural conditions complicated anthropogenesis? 2. Based on Artemov’s textbook p. make up short story, using the concepts: “tribal community”, “leadership”, “primitive communism”, “common property”, “promiscuity”, “exogamy”, “dual-tribal group marriage”, “tribe”, “pair marriage”, “contradiction versions about the periods of patriarchy and matriarchy."

Task No. 3 . Formulate your own understandingthe concepts of “Neolithic revolution”, “appropriating and producing economy”, “agriculture”, “cattle breeding”.

Task No. 4 . (3 at students' choice):

1. When approximately did the oldest man make the first cultural plantings?

2. Which animals were domesticated first, and which - much later?

3. Describe what the tools of the Neolithic Revolution were.

4. What is the meaning and significance of the Neolithic revolution for the history of mankind?

5. What pushed ancient man to the productive type of management?

6. Explain why Russia can be called the land of the first cattle breeders.

7. Tell us about the lifestyle of an ancient herder

Task No. 5

“What do the finds of “Paleolithic Venus” on the territory of modern Russia indicate?”

Control questions: 1.Explain the connection between the social division of labor and the development of crafts.

2. The reasons for the collapse of the tribal community and its replacement by the neighboring community.

Final instructions and homework assignments: 1) remove workplace; 2) be able to explain your arguments and conclusions, decisions made;know the time when the Neolithic Revolution occurred and its consequences; 3) Read and analyze the paragraph.

Instructional - routing for execution

practical lesson No. 2

Topic: “Features of civilizations of the Ancient World – ancient Eastern and ancient.”

Target: cognitive activity bring the student closer to research methods, practical work with educational literature(textbook, historical sources). The main methods of educational research are critical selection of material and historical analysis.

Time limit: 2 hours. Venue: room 233.

Material and technical equipment of the workplace: instruction cards, notebooks. Literature: 1. Artemov V.V., Lubchenkov Yu.N. History: textbook. – M.: Academy Publishing House, 2015. 2 Samygin P.S. Story. Rostov n/d: “Phoenix”, 2013.

Introductory briefing and safety rules 1. Perform the work strictly according to the issued sample. 2. Clean the workplace after completing the work.

Task No. 1-2. Fill out the table.

Table 1. The structure of society in the Ancient World.

The Ancient East

Ancient Greece

Central government

Society

Central government

Table 2.

Task No. 3. WORKING WITH THE MAP “ANCIENT EAST”

Determine the country by its outline (working with fragments contour map) (India, Egypt, Mesopotamia, Phenicia, China). Why did you come to this conclusion? What rivers were there in these countries?

Tasks 1-3+ Test questions are graded “satisfactorily”.

Task No. 4.

Using this table and materials from the textbook ed. P.S. Samygina “History of SPO”. District D. - 2013 - pp. 28-29, answer the questions:

1. Define traditional society. List its signs.

2. How is it different from the agrarian society that developed in Europe on the basis of the ancient Greek community.

Traditional society. Character traits.

Table: Features of the community in the Ancient World.

Eastern community

Ancient Greek community

1. place in the structure of society

2.Composition of the community

3. relations with the state

4. position of community members in relation to the state

5.ownership of land

6. management

7. value system

Main production cell (rural community)

Rural population (patriarchal family)

Had responsibilities and paid taxes, did not participate in government

Dependency (hierarchy)

Communal (collective), the main owner is the king

Self-government - community meetings

A person is part of a team, traditional customs, economic isolation

Basic unit of society (civil community)

Rural and urban population(free citizens)

Formed the state, civil laws, conducted foreign policy activities, had an army

Autarky

Private property of individual citizens, the main owner is the policy.

Election of power (tyranny, oligarchy, democracy), national assembly

Free development of personality (cult), development of democracy and civil law, competition, commodity-money relations

Tasks 1-4+ Test questions are rated “good”.

Task No. 5

Document. From the laws of King Hammurabi.

117. If a person has a debt and pays for silver or gives his wife, his son or his daughter into debt bondage, (then) he must serve in the house of their buyer or lender for three years; in the fourth year they should be released.

118. If he gives a slave or slave into debt bondage, (then) the usurer can transfer (him or her) further, can give (him or her) for silver; (he or she) cannot be demanded (or demanded back) by the court okay...

Questions for the document:

How did laws limit debt slavery? Why, in your opinion, was this done?
Based on the document, create a diagram showing the composition of Babylonian society.

Control questions:

1. Compare the ancient Eastern states known to you. Indicate the main features and characteristics of each of them.

2.What was the special path of development of ancient Greek civilization?

Tasks 1-5+ Test questions are rated “excellent”.

Final instructions and homework assignments: 1) clean the workplace; 2) be able to explain your arguments and conclusions, decisions made; know the basic historical concepts, places of Ancient Greek colonization on the territory of the Krasnodar Territory;

Teacher: _______________Goncharenko I.V.

Instructional and technological map for implementation

practical lesson No. 3

Topic: “The main features of Western European feudalism.”

Goal: To get acquainted with the concepts of feudalism and its features; learn to make a table; train the ability to highlight the main thing in the text (main semantic units)

Time limit: 2 hours. Venue: room 233.

Introductory briefing and safety rules: 1. Perform the work strictly according to the issued sample. 2. Clean the workplace after completing the work.

Task No. 1 . Based on the text of the summary and the textbook, give a definition of feudalism and list its characteristics.

Task No. 2 .When studying the class society of the Middle Ages, it is advisable to systematize the material of the paragraph using the table. 1.

Table 1.

Task No. 3. Build a “Feudal Ladder” diagram.

Control questions.

What is feudalism? What were the reasons for its creation?
What classes did it consist of? feudal society? What were the functions of these classes?
Why do you think the medieval peasant is called a universal worker?

Final instructions and homework assignments: 1) clean the workplace; 2) be able to explain your arguments and conclusions, decisions made; know the concepts of feudalism; 3) read and analyze the paragraph.

Teacher: _______________Goncharenko I.V.

Instructional and technological map for implementation

practical lesson No. 4

Subject: " Fragmentation in Rus'."

Target: To deepen the knowledge acquired in basic school about the causes and consequences of the collapse of Ancient Rus', their differences from the causes and consequences of a similar process in other countries; form ideas about three possible political models of development of Rus' during the period of fragmentation.

Time limit: 2 hours. Venue: room 233.

Introductory briefing and safety rules: 1. Perform the work strictly according to the issued sample. 2. Clean the workplace after completing the work.

Task No. 1. Compare the maps: “Old Russian state in the 9th-11th centuries.” and “Russian principalities in the XII-XIII centuries.”

Questions: 1. What changes have occurred?

2. What events of the previous era foreshadowed the inevitable collapse of Rus'?

3. Time from the beginning of the 12th century. until the end of the fifteenth century. called a periodfeudal fragmentation or specific period. Define feudal fragmentation.

Task No. 2.

Working with the text of the textbook, name the reasons for feudal fragmentation: 1- economic; 2- political; 3- social; 4 – foreign policy.

Task No. 3

The largest political centers of Rus'

Table 1

Questions for comparison	Kyiv principality	Galitsko - Volynskoe principality	Vladimir-Suzdalskoe principality	Novgorodskaya Earth
Features of the geographical location
Natural conditions
Control system
Features of management

Tasks 1-3+ Test questions are graded “satisfactorily”.

Task No. 4

All major Western European states experienced a period of feudal fragmentation. Feudal fragmentation was a natural result of the previous economic and socio-political development and had both positive features and negative consequences for all Russian lands.

Positive and negative consequences of the fragmentation of Rus'

table 2

Tasks 1-4+ Test questions are rated “good”.

Task No. 5. Read the text. “From the half of the 12th century. signs of desolation are becoming noticeable Kievan Rus. The river strip along the middle Dniester with its tributaries, which has long been so well populated, has been empty since that time, its population disappears somewhere.<...>Among the seven desolate cities Chernigov land we meet one of the oldest and richest cities in the Dnieper region - Lyubech. Simultaneously with the signs of an ebb of population from Kievan Rus, we also notice traces of the decline of its economic well-being: Rus', becoming empty, at the same time became poorer.<...>The outflow of population from the Dnieper region went in two directions, in two opposite streams. One stream was directed to the west, to the Western Bug, to the region of the upper Dniester and upper Vistula, deep into Galicia and Poland. Thus, the southern Russian population from the Dnieper region returned to long-forgotten places abandoned by their ancestors. Another stream of colonization from the Dnieper region is directed to the opposite corner of the Russian land, to the northeast, beyond the Ugra River, between the Oka and Upper Volga rivers.<...>It is the source of all the main phenomena that have emerged in the life of Upper Volga Rus' since the half of the 12th century; The entire political and social life of this Rus' was formed from the consequences of this colonization.”

Answer the questions: a) What phenomena characteristic of this period does the document indicate? Name at least two phenomena. Using the text of the document and knowledge of history, indicate the reasons for these phenomena; b) How does a historian assess the consequences of the phenomena noted in the document? Name at least two consequences of the strengthening of Upper Volga Rus' in subsequent Russian history.

Tasks 1-5+ Test questions are rated “excellent”.

Control questions:

1. Indicate the political and economic features of the development of Russian lands that contributed to decentralization. What order of succession to the throne developed in the Old Russian state? Did he help strengthen the power of the Kyiv prince?

2. Match:
A) fiefdom 1) head of local government
b) veche 2) territory allocated for the possession of a younger member of the princely family
c) destiny 3) struggle for power in one principality
G) governor 4) national assembly
5) land ownership, which was passed from father to son.

Final instructions and homework assignments: 1) clean the workplace; 2) be able to explain your arguments and conclusions, decisions made; know the definition of feudal fragmentation; the causes and consequences of feudal fragmentation for Rus'; 3) read and analyze the paragraph.

Instructional and technological map for implementation

practical lesson No. 5

Subject: " Time of Troubles beginning of the 17th century."

Target: to systematize knowledge on the history of Russia at the beginning of the 17th century, to form in students a holistic understanding of the events of the Time of Troubles in Russia. Continue work on applying historical knowledge in practice by performing creative tasks. Mastering techniques for working with historical texts and analyzing historical sources.

Time limit: 2 hours. Venue: room 233.

Task No. 1 . Working with a historical map (Artemov’s “History” application)

1.Write the names of the period in the history of Russia during which the events indicated on the map took place.

2. Write the name of the city that became the center of the formation of the Second People's Militia.

Task No. 2.

Presnyakov A.E. Time of Troubles//People of the Time of Troubles. St. Petersburg, 1905

“The causes of the Troubles were rooted in the very structure of the Moscow States XVI V. They were based on the contradiction between the goals that the government was supposed to pursue and the means it had at its disposal. In a country that was economically underdeveloped and sparsely populated, creating a sufficient strength of state self-defense in the face of complex international relations was possible only with great difficulty, and at the same time concentrating at the disposal of the government all the means and forces of the people. It fights in the 16th century. for the establishment of unconditional power, crushing all private and local authorities, which the descendants of appanage princes, boyar-princes, partly remained in their estates. The privileges enjoyed by this aristocracy, which claimed the first role in government and in the Tsar's Duma, to subordinate the population of their estates in the matter of justice, reprisals and military service, were broken by the storm of the oprichnina of Grozny.

Destroying the old and familiar instrument of its power in the boyars, the Moscow government simultaneously creates in its place new administration and a new army, the administration of orders and an army of service people, children of boyars and nobles. In this class, the pinnacle of which was the new court nobility, strong not by birth, but by high official position and royal favor, it is looking for support royal power. She seeks to provide this class with estates and serf peasant labor, gradually nullifying peasant freedom. But the interests of the landowners often contradicted the interests of the treasury: dividing co serving people with income from peasant labor, she risked losing the source of her financial system when the peasants were ruined and turned into serfs who did not pay taxes. TO That the same need to colonize the Volga region and southern regions forced the government to patronize the resettlement of farmers to new lands in defiance of the benefits of serving landowners. The resettlement movement caused a strong outflow of population from the central regions, which led them to a severe agricultural crisis.

The complex historical process caused deep ferment in the consciousness of Russian society. The clash of opposing interests, intensified by the bloody and cruel actions of Ivan the Terrible, led to two main consequences: the fall of government authority..., and to the awareness of each social class of its own special interests. The coincidence of the general socio-political crisis with the end of the dynasty was the final impetus for the Troubles.”

Questions and tasks for the text.

1. What are the causes of the Troubles according to A.E. Presnyakov? What was the reason for the beginning of the Time of Troubles?

2. Do you agree with the proposed position? If necessary, offer your own version of the explanation of the events that occurred.

Task No. 3. Compose a short chronograph of the Time of Troubles.

1598- Suppression of the Rurik dynasty. The beginning of the reign of Boris Godunov.
1601-1603 - Crop failures and mass famine in Russia. Growing social tension.
1605 -
1606 - 1610 -
1606 - 1607 -

1607 -
1609 -
1610 - 1613 -
1611-1612

1613 -

Consequences of the Troubles (at least 6).

Tasks 1-3+ Test questions are graded “satisfactorily”.

Task No. 4. Working with the text of the documents, answer the questions provided.

Document No. 1. From the district (sent out everywhere) letter of Prince D.M. Pozharsky to Putivl. 12 June 1612

For our sins, God brought wrath upon our land: Zhigimont (Sigismunt III), the Polish king, stood against the Moscow state, breaking the kiss of the cross and the peaceful decree... he himself came to Smolensk with much force and a malicious attack, sent Hetman Zholkiewski to Moscow with Polish and Lithuanian people , but with them was the traitor to the Christian faith Mikhailo Saltykov and Fedka Andronov with their evil advisers... And they entered inside the reigning city of Moscow... and they burned out the Moscow state and cursed the churches and shed countless amounts of Christian blood... and sent the entire royal treasury to the king... And in Nizhny Novgorod guests and townspeople and the elected person K. Minin, jealous of the benefit, not sparing their estate, began to reward the military people with a monetary desire and sent them to me. Prince Dmitry, many times for me to go to Nizhny for the Zemstvo Council. And I came to Nizhny, and boyars and governors and nobles and boyar children (petty nobles) began to come to me. And I began to consult with them and with the elected man K. Minin and with the townspeople, so that we could all stand with one mind against the enemies and destroyers of the Christian faith of the Polish and Lithuanian people for the Moscow state... And hearing our advice, the Kazan state, all sorts of people became of one mind with them , and the Trans-Volga, and Pomeranian, and Zamoskov cities became with us in one firm council. And many nobles and boyar children came to us from many Ukrainian cities...

And you, gentlemen, would remember God and your Orthodox souls Christian faith, and your Fatherland... to be with all the earth. And you, gentlemen, would join us... And the Moscow state should be cleared of Polish and Lithuanian people... and the sovereign for the Moscow state should be elected by a general council... And the advice would be that you, gentlemen, should write to us soon.

 Find words and statements in the message that reveal the goals of the militias.

 Why does D. Pozharsky emphasize the need for council throughout the land when resolving all important issues? Who do you think he meant by “the whole earth”?

Document No. 2.

Second militia. "From the New Chronicler."

About the arrival from the cities to the military people and the treasury from the cities.

In Nizhny, the treasury is becoming scarce. He began to write to the cities in Pomerania and all Ponizovye, so that they would help them go to the cleansing of the Moscow state. In the cities, I heard a meeting in Nizhny, for the sake of it, and I sent him for advice and sent a lot of treasury to him and brought a lot of treasury to him from the cities. ... came to them from all the cities. First came the Kolomnichi, then the Ryazan people, then from the Ukrainian cities many people, both Cossacks and Streltsy, who sat in Moscow under Vasily. They gave them a salary...

About coming to Yaroslavl.

Prince Dmitry Mikhailovich and Kuzma... went to Yaroslavl. The people of Kostroma saw them off with great joy and gave them help, a lot of treasury. They went to Yaroslavl, and many people met them with joy... The Yaroslavl people received them with great honor and brought many gifts. They, without taking anything from them, were in Yaroslavl and began to think about how they could go under the Moscow state for cleansing. Many military men and townspeople began to come to them from the cities to bring the treasury to help...

About the capture of the city of China.

The Lithuanian people in the city were very crowded: I couldn’t let them out anywhere. There was a great famine among them, and they drove all sorts of people out of the city. By the grace of the All-Bountiful God... I took China by storm and killed many Lithuanian people...

About the withdrawal of the boyars and the surrender of the Kremlin to the city.

The Lithuanian people, seeing the inexhaustibility and the great famine, and the city of the Kremlin began to persuade and persuaded them not to be beaten, and the colonels and nobles and gentry to go to Prince Dmitry Mikhailovich in the Pozharsky regiment... Prince Dmitry Mikhailovich received them with honor and gave them great honor . In the morning, Struspolkovnie and his comrades, the Kremlin city is here...

 Based on the documents, how can you characterize the reasons for the victory of the Second Militia?

Tasks 1-4+ Test questions are rated “good”.

Task No. 5. Choose two judgments out of the five proposed that are correct. Write down the numbers under which they are indicated: 1) this period is characterized as a time of severe upheavals and trials for the Russian people, civil war and foreign intervention; 2) one of the main events of this time, recorded on the map, was the popular uprising against Tsar V. Shuisky under the leadership of Kondraty Bulavin; 3) the intervention on the territory of Russia was carried out by the Polish-Lithuanian Commonwealth and Prussia; 4) after a 16-month siege, the Tushins and Poles were able to capture the Trinity-Sergius Monastery; 5) as a result of the events indicated in the diagram, Russia lost the Smolensk lands; 6) as a result of the events indicated in the diagram, the Russian people were able to defend national independence and establish a new dynasty on the throne.

Tasks 1-5+ Test questions are rated “excellent”.

Control questions:

1What were the causes of the Time of Troubles? What sectors of society took part in it?

2. Why did militias begin to be created? What goals did the militia set for itself? How was Moscow liberated?

3. Name the main factor, in your opinion, that allowed Russia to survive as an independent state during the Time of Troubles. Give reasons for your choice.

Final instructions and homework assignments: 1) clean the workplace; 2) be able to explain your arguments and conclusions, decisions made;know basic historical concepts, names historical figures, historical events of the early 17th century; 3)read and analyze the paragraph.

Teacher: _______________ Goncharenko I.V.

Instructional and technological map for implementation

practical lesson No. 6

Topic: “Renaissance and humanism in Western Europe. Reformation and Counter-Reformation. The formation of absolutism in European countries. England in the 17th-18th centuries."

Goal: To become familiar with the concepts: Renaissance, humanism, reformation, counter-reformation, absolutism; train the ability to highlight the main thing in the text (main semantic units).

Time limit: 2 hours. Venue: room 233.

Introductory briefing and safety rules: 1. Perform the work strictly according to the issued sample. 2. Clean the workplace after completing the work.

Task No. 1 . Based on the text of the textbook and encyclopedic Dictionary in history, define the Reformation and Counter-Reformation.

Task No. 2. Give a definition of the concept - absolutism. List the signs of enlightened absolutism.

Task No. 3 multiple choice exercises.

1. One of the main features of absolutism was the desire:

1) strengthen feudal fragmentation;

2) transfer power to local elected bodies;

3) annex outlying territories;

2. The creation of a standing army in England occurred when:

1) Henry VII Tudor; 2) Henry VIII Tudor; 3) Elizabeth Tudor; 4) James I Stuart.

3. What were the names of the highest judicial bodies in the provinces of France?

1) Star Chamber 2) Parliament 3) Privy Council 4) Cortes.

4. What form of political power is expressed in the following judgment of one of the kings of England?

“It is the will of God that everyone born as subjects should obey without reasoning.”
1) republic; 2) class monarchy; 3) unlimited monarchy; 4) constitutional monarchy.

5. Which of the following provisions constituted the main content of the economic policy of mercantilism?

A) the main form of wealth is valuable materials;
B) purchase and import goods into the country from abroad;
C) export more goods from the country than import;
D) its prosperity depends on the abundance of valuable metals in the state;
D) get rid of gold and silver coins, introduce paper money;
E) do not develop domestic industry.

6. In what century did absolutism reach its full flowering in Europe?
1) XV century; 2) XVI century; 3) XVII century; 4) XVIII century.

7. Which of the European monarchs, whose reign occurred during the period of the 17th - 18th centuries, was called the Sun King?

1) Henry VIII Tudor 2) James I Stuart 3) Louis XIII Bourbon 4) Louis XIV Bourbon.

Short answer questions.

Write the name of the king of England who made the following statement about parliament: “I do not understand how my ancestors could allow such an institution. I have to put up with what I can’t get rid of.”

Tasks 1-3+ Test questions are graded “satisfactorily”.

Task 4-5 Bourgeois revolution in England 1640

Write in your notebook:

Causes of the English bourgeois revolution;

Reason, main stages;

Results of the English bourgeois revolution.

Tasks 1-5+ Test questions are graded “Good and Excellent”

Control questions

1.What political and economic consequences did the establishment of absolutism have in European countries? 2. Express your opinion whether absolutism differed from despotic power, if it differed, then in what way. 3.Main consequences of revolutionsXVII-XVIII centuries in Europe.

Final instructions and homework assignments: 1) clean the workplace; 2) be able to explain your arguments and conclusions, decisions made; know the concepts of reformation, counter-reformation, absolutism; 3) read and analyze paragraphs 36, 42.

Teacher: _______________Goncharenko I.V.

Instructional and technological map for implementation

Practical lesson No. 7

Topic: “The War of Independence and the Education of the United States.”

Target: consider the concepts of constitution, federation, the principle of popular sovereignty, Declaration of Independence; understand the causes, objectives and driving forces of the War of Independence; study the features of this national liberation struggle; continue to work on developing the ability to make generalizations, conclusions, and give a general description of a phenomenon or event; develop logical thinking, memory, and the ability to extract the main points from a read text.

Time limit: 2 hours. Venue: room 233.

Introductory briefing and safety rules: 1. Carry out the work strictly according to the issued sample; 2. Clean the workplace after completing the work.

Task No. 1. Formulate the claims of representatives of various social strata of the North American population English colonies(farmers, merchants, planters, owners of factories - in the economy, in politics, in the judicial sphere) to the authorities of the metropolis (according to the "Declaration of Independence of the United States").

Task No. 2

Complete the sentence:

1. The US political system established after the War of Independence was:

Constitutional monarchy;
Democratic Republic;
Absolute monarchy;
Bourgeois-democratic republic.

2.Note the names of Revolutionary War figures in North America V XVIII century

1.N. Bonaparte

2.J.P.Marat

3.D. Washington

4.B. Franklin

5.J. Danton

3. Name the dates of the following events:

Adoption of the US Constitution

5.Which of the above documents have retained legal force to this day:

2. US Constitution 1787;

6. Label serial numbers chronological sequence of events (by starting date):

1. Adoption of the US Constitution;

2. Jacobin dictatorship;

3. execution of King Charles 1 Steward;

4.War of the British colonies in North America for independence;

Tasks 1-3+ Test questions are graded “satisfactorily”.

Task No. 4

Why did the United States change from a confederation to a federation? Make a diagram government structure USA.

Tasks 1-4+ Test questions are rated “good”.

Task No. 5

Work based on document page 247 of Artemov’s textbook. Questions for the document page 247 (1-2).

Tasks 1-5+ Test questions are rated “excellent”.

Control questions:

1. Character, features and historical meaning the first American Revolution.

Final instructions and homework assignments: 1) clean the workplace; 2) be able to explain your arguments and conclusions, decisions made; 3) Read and analyze paragraph 41; 2. Know 15 concepts and definitions for them.

Teacher: _______________ Goncharenko I.V.

Instructional and technological map for implementation

practical lesson No. 8 (seminar lesson)

Topic: “Russia in the era of Peter’s reforms.”

Goals: consider the transformation of Peter the Great into different areas life of society, assess its activities.

Time limit: 2 hours. Venue: room 233.

Introductory briefing and safety rules: 1. Carry out the work strictly according to the issued sample; 2. Clean the workplace after completing the work.

Task No. 1 (seminar lesson)

Prepare detailed answers to the questions.

1. Prerequisites for the reforms of Peter I.

2. Position in agriculture. Expansion of feudal land ownership. Population census and poll tax.

3. Affirmation of absolutism. Acceptance of the imperial title in
1721 Creation of the Senate; replacement of orders by collegiums. Provincial
reform.

4. Expansion of noble privileges. "Decree on Single Inheritance" 1714
and “Table of Ranks” 1722

5. Policy in the field of manufacturing production, in domestic and foreign trade. The policy of mercantilism.

6. Military reforms.

7. Church reform.

8. Culture in the first quarter of the 18th century.

9. Foreign policy of Peter I

10. Azov campaigns of Peter I.

11. North War(1700 - 1721), its causes, stages, results.

12. The significance of the reforms of Peter I.

Task No. 2

Fill out the table based on the knowledge gained during the seminar.

Pera Reforms 1. Significance.

Year	Reform	Meaning

Final instructions and homework assignments: 1) clean the workplace; 2) be able to explain your arguments and conclusions, decisions made; know the essence of reforms, definitions - absolutism, mercantilism, manufacturing; 3) read and analyze the paragraph.

Teacher: _______________ Goncharenko I.V.

Instructional and technological map for implementation

practical lesson No. 9

Topic: “Russian culture of the 18th century.”

Target: consolidate the definition of the concept of culture, consider various genres of ancient Russian culture, trace changes in Russian cultures throughout the 17th – 18th centuries.

Time limit: 2 hours. Venue: room 233.

Introductory briefing and safety rules: 1. Carry out the work strictly according to the issued sample; 2. Clean the workplace after completing the work.

Task No. 1. List the changes that occurred in Russian culture in the 18th century century.

Task No. 2. Name Russian scientists XVIII centuries and scientific fields of their activity.

Task No. 3 : Working with the textbook text, fill out the table.

Table

Spheres of culture	Achievements
Folklore
Literary genres
Architecture
Music
Painting
Chronicle

Final instructions and homework assignments: 1) clean the workplace; 2) be able to explain your arguments and conclusions, decisions made; know the cultural characteristics Russia XVIII century; cultural figures of that time and their achievements; 3) read and analyze paragraph 46

Teacher: _______________ Goncharenko I.V.

LITERATURE

1. Artemov V.V., Lubchenkov Yu.N. History for professions and specialties in technical, natural science, socio-economic profiles: 2 hours: textbook for student institutions of vocational education. – M., 2015.

2. Alieva S.K. “General history in tables and diagrams.” - M.: List 1997.

3.Atlas “History of Russia from ancient times to beginning of the XXI century.-M.: AST-PRESS SCHOOL, 2004.

4. Artemov V.V., Lubchenkov Yu.N. History for professions and specialties of technical, natural science, socio-economic profiles. Didactic materials: textbook for student institutions of vocational education. - M., 2013.

5. Vyazemsky E.E., Strelova O.Yu. Lessons of history: we think, argue, reflect. - M., 2012. 6. Gadzhiev K.S., Zakaurtseva T.A., Rodriguez A.M., Ponomarev M.V. Recent history of Europe and America. XX century: in 3 parts. Part 2.1945-2000.-M., 2010.

7. Gorelov A.A. History of world culture. - M., 2011.

8. Vyazemsky E.E., Strelova O.Yu. Pedagogical approaches to the implementation of the concept of a unified history textbook. - M., 2015.

9. History of Russia. 1900-1946: book for teachers/edited by A.V. Filippov, A.A. Danilov.-M., 2010.

10.History of Kuban: Krasnodar region. Republic of Adygea. - M.: Bustard; Dick, 1997

11. Nagaeva G. “All the personalities of the history of Russia. Mini-directory." - M.: "Phoenix", 2015.

12. Orlov A.S., Georgiev V.A., Georgievna N.G. “History of Russia from ancient times to the present day.” - M.: Prospekt, 2015.

INTERNET RESOURCES:

http://ismo.ioso.ru/ Institute of General Secondary Education Russian Academy education (IOSO RAO). Websites of research laboratories, thematic video conferences. http://www.rubricon.com/bie_1.asp

First outbreaks human civilization appeared in the Middle East, the very first - in Palestine around X thousand BC. e. Here, much earlier than other countries, ancient times arose and political societies , uniting people through a system of power, legal and administrative relations. In the IV - I millennium BC. e. first in the Middle East, then in Northern India, China, and Southeast Asia, the first in world history arosestates. These states arose and developed along approximately the same similar path. The prevailing situation in them was also similar.state organization– first famous history ancient eastern type. Both in the socio-economic and political systems of Ancient Egypt, ancient India, ancient China and Babylon there are many similarities.

Ancient Eastern statehood was not immediately formed in its final form. The state-political development of antiquity began with the stage new states – administrative and economic associations of communities that were just beginning to lose their tribal and primitive character. The true formation of institutions of power occurred at the stage state centralization (very relative in the conditions of ancient society). Then not only states became larger in space and time (became more “tenacious”). In them, full-fledged and independent systems of administration, court, and finance appeared, subordinated to common state needs, and a stable tradition of monarchy developed as the first common type of government known to history. Finally, at the stage empire states power and control in society have finally lost their historical connections with the clan system and clan governance, and have improved and disappeared, obeying their own laws, according to the whims of the military and political history of civilizations.

Ancient Eastern society and the largest civilizations of antiquity (Sumer, Elam, Egypt, Babylon, India, China, etc.) arose and strengthened, largely relying on basins convenient for primitive life and agriculture largest rivers: Tigris and Euphrates, Nile, Indus and Ganges, Yellow River. These were truly “great river civilizations.” The possibility of developing relatively narrow territories along rivers predetermined the high population density of the ancient Eastern states. These were urban and temple civilizations with all the features introduced by the urban way of life. Social connections spread faster here, and the “energy of power” was more firmly established.

Attachment to the great rivers and their water regimes made the organizational and economic function of the state especially important in the life of the ancient Eastern peoples, including the regular organization of massive irrigation public works, the history of which spanned decades and even centuries. As a result of such historical predominance, the social relations of the ancient Eastern states were formed around mainlystate propertyto the ground. The bulk of the population was placed in a dependent position in relation to the state, which, for its own purposes, sought to preserve and strengthen the communal way of life. This, in turn, predetermined the extremely slow formation in law of the principles of individual legal freedom, which would consolidate the economic and life independence of people. Law arose, among other things, as a result of the social struggle for the “ideal past” of tribal times, the era of equality and justice. Leveling out social contradictions among the people, smoothing out the confrontation between wealth and poverty, humiliation and nobility initially became one of the most important political motives for strengthening national power. This was also one of the most important prerequisites for the deliberate significance of ancient Eastern statehood, the almost unlimited powers of the ancient rulers, for whose power in society they did not even try to create any barriers. This was reinforced by the strongest interweaving of state and religious subordination, recognition sacred character the power of rulers. Not only actual slaves, who became a noticeable element in the ancient Eastern economy from the 2nd millennium BC. e., but literally the entire rest of the population was in a position slaves of the state . In such social, partly even socio-psychological conditions important property ancient Eastern statehood was its excess conservatism . Doubting the rulers, not a single ancient Eastern society doubted order of power , established at this very first stage of the world history of state and law.

1A. Both in the socio-economic and state system of Ancient Egypt,

ancient India, ancient China and Babylon have many similarities. Special conditions

climate and soil variations, constant and intense struggle with the water elements determined

the need for collective efforts of farmers to create complex irrigation systems

systems, led to the long-term preservation of the rural community, hampered the development of

private ownership of land, predetermined the presence of a significant layer of free

peasantry.

The ruling elite of ancient Eastern society was represented by the ruler-

king, hereditary aristocracy, bureaucracy. A very influential group is

the priesthood was formed.

At the opposite pole of society were the entire mass of slaves. The slave was like this

the property of their owners, like any other property. But there were also specific

Chinese features that distinguish ancient Eastern slavery from ancient slavery. So, in Egypt, Babylon,

In India and China, a slave could have a family. In Ancient Babylon, a slave could even marry his

bovine girl, children from such marriages were considered free. In India, for a slave directly

the right to own property was recognized: acquired, inherited, etc. Slave

could gain freedom by paying a ransom to the owner.

In all ancient eastern states there was a very significant layer

free communal peasants and artisans. Their work was hard and exhausting.

The systematic robbery of one's own people was the basis domestic policy

ancient eastern states.

A specific feature of all ancient Eastern states was the caste system -

division of the free into groups differing in their legal status.

Priests and warriors became separate groups in Ancient Egypt. Similar

caste groups existed in Babylon, where the law openly proclaimed

for example, damages the eye of an avilum, then “it must damage his eye” if he knocks out a tooth equally-

to himself, then “I must knock out his tooth.” But if Avilum caused such self-mutilation -

muskenum, the punishment was limited to a fine. Not only did the

not only Avilum himself, but also members of his family.

The caste division was most clearly manifested in India, where among the free formal

There were four closed groups, varnas: brahmanas, kshatriyas, vaishyas and sudras. Division

the varnas were declared by the priests to exist from eternity. A legend was created that

that the god Brahma created Brahmins from his mouth, Kshatriyas from his hands, Vaishyas from his thighs, and

sudra - from the feet. For each varna a way of life was determined.

The first varna was made up of Brahmin priests. They were credited with divine pro-

origin, they were assigned special benefits and advantages. Privileged

Varna were also kshatriyas - warriors. They concentrated large wealth in their hands and

political power. Kings, as a rule, came from the Kshatriya varna. Varna Vaishyas

was already an unprivileged class. This included communal peasants and merchants. Their occupation is trade, cattle breeding and agriculture. The only duty prescribed for the Sudra varna was to serve the three highest varnas without complaint. There were also free people who found themselves outside the four varnas - chandalas and others. They were looked at as “unclean”, they did the dirtiest work.

Belonging to one or another varna was determined by birth. The transition from one varna to another was impossible, marriages between members of different varnas were, as a rule, prohibited. The division into varnas permeated the entire life of the ancient Indian. Varna determined

a person’s occupation, his profession, the severity of the punishment, the size of the inheritance received, the interest on the loan agreement, etc. depended on the varna. A person’s name, clothing, order of eating - everything was determined by varna.

Above this economic basis rose the corresponding political

superstructure The most common in the Ancient East was the monarchical form

rule in the form of eastern despotism. It was characterized by unlimited volume

the power of the deified ruler, the existence of a palace system of government,

the presence of three main management departments, the combination of the strictest centralization with

preservation of community self-government bodies as a lower level.

The emergence of such a form of organization of state power was due to

but a natural-climatic factor. In ancient times, the need for joint efforts

to prevent the devastating consequences of floods, and later for economical

go and sharing of water required the intervention of the central government. AND

already from the moment of its emergence, the ancient Eastern state, in addition to the implementation

the functions of suppression had to take into their own hands the maintenance and correct use

use of the irrigation system. This kind of control over social production

he strengthened the position of state power and strengthened the monarchy.

But the very need to concentrate the efforts of the entire society to ensure pro-

production in the conditions of the long existence of a rural community with its conservatism

and isolation leads to the fact that the ruler acts here as a unifying unit

new beginning, rising above small isolated communities, which were a strong

the basis of Eastern despotism.

The main features of this form of government were as follows. At the head of the state is a ruler - the king. In Egypt he was called pharaoh, in India - raja, in China - van, in Babylon - patesi-lugal. All power is concentrated in the hands of the ruler. He heads the state apparatus, is the supreme military leader, chief judge, etc. “The state is the king: this is the essence in a nutshell

all elements of the state,” stated the ancient Indian monument. Personality of the ruler

La was deified. In Egypt, the pharaoh was called the “big god”, and then to the name of the ruler-

The title of the sun god, Ra, began to be added to the title. In China, all rulers - Vans were considered

sons of the “heavenly lord”. Hence the name of the wang - tianzi (“son of heaven”).

The ancient Indian Raja was depicted as a “great deity in the form of a man,” and was considered

the embodiment of eight deities - guardians of the world - Moon, Fire, Sun, etc. Exactly

in the introduction to the Babylonian Laws of King Hammurabi it is stated that Hammurabi,

“mighty king, the sun of Babylon,” was called by the great gods, who gave him a people (“blackheads”).

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Test

on the history of state and law of foreign countries

Ancient Eastern state and law. Laws of Hammurabi.

Completed by a student

Faculty of Law

correspondence department

Kovaleva Oksana Mikhailovna

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WORK PLAN

INTRODUCTION 3

ANCIENT EASTERN STATE AND LAW 5

LAWS OF HAMURAPI 11

CONCLUSION 14

REFERENCES 15

INTRODUCTION

Primitive society developed extremely slowly. Primitive society consisted of clan communities, whose members were connected by family ties. Issues of managing the clan community were decided by the elder - the most respected member of the clan. The most important issues were resolved at a meeting in which all adult members of the community participated. Subsequently, communities united into tribal unions for more efficient management, successful repulsion of enemies, etc. The tribal union was governed by a council of elders, consisting of the elders of all clans included in the union. Regulation public relations carried out through numerous customs.

The economy of primitive society for a long time was of an appropriative nature. Its distinctive features were receptivity - everything produced is handed over “to a common pot”, and redistribution - everything produced is redistributed among members of the community. With the development of tools and the transition to a producing economy, labor productivity increased. An excess product appeared, which became economic prerequisite creation of the state apparatus. There was a differentiation of society, and tribal nobility appeared. The interests of the tribal nobility gradually began to diverge from the interests of the remaining members of the tribal union.

After the Neolithic revolution, which occurred 10-15 thousand years ago, much more advanced tools appeared. This made it possible to sharply increase labor productivity and significantly increase the amount of excess product. Primitive society entered new stage development, which is usually called a “proto-state”. The proto-state is characterized by public ownership, differentiation of society, rapid population growth, concentration of the population in a certain territory, the emergence of cities that were administrative, economic and cultural centers. During this period, there was a demarcation into the eastern and western paths of development of the state.

ANCIENT EASTERN STATE AND LAW.

The first states appeared in areas of irrigated agriculture on the banks of the Nile, Yangtze, etc. Irrigated agriculture required large-scale irrigation work, which could not be carried out by the efforts of one family or clan community.

In the 8th century BC. As a result of the conquest of another tribe by the Yin tribes, the state of Ancient China is formed. The main occupation of the inhabitants of Ancient China was agriculture. In addition, the development of agriculture among the ancient Chinese was at a fairly high level for that time. They used agricultural tools such as a hoe, a plow, etc. Along with agriculture, crafts, trade, and even money circulation developed in Ancient China.

The head of state in Ancient China was the emperor, supported by an extensive apparatus of officials. The territory of Ancient China was divided into regions and counties. Each district and region was governed by two officials - a military and a civil governor. Already during the reign of the Han Dynasty, the sale of positions and the examination of officials before taking office were introduced.

In the middle of the 4th century BC. Ancient Chinese official Shang Yang carried out a reform that was an attempt to destroy the tribal community. Families living in the same house and leading a common household were ordered to move out. The reform preserved mutual responsibility. In connection with mutual responsibility, the rural community was brought into the following system. Five families made up the “five-house.” The “Pyatidvorka” was led by an elder - he was responsible for all members of the “Pyatidvorka”. Five “five-yards” formed a village, five villages formed a clan, etc. Something similar to the “five-yard” system was introduced in the army - five soldiers were punished for the offense of one soldier.

Slavery in Ancient China was not so successful wide application, as, for example, in Ancient Egypt, however, formally free community members can hardly be considered truly free people. The community was in dire straits. Peasant uprisings were frequent. Reacting to the peasant uprisings, the government tried to slightly alleviate the plight of the community members. Wang Mang's reform stands out in particular in this regard. This reform announced the nationalization of land, as a result of which the sale of land was prohibited. All landless peasants could receive a land allotment from the state. Wang Mang's reforms were not successful and were soon canceled.

In the middle of the 2nd millennium BC. The northern territory of India was conquered by tribes calling themselves Aryans. They completely destroyed the tribes living there, which remained unknown. The Aryans were mainly engaged in cattle breeding. Settling across the vast expanses of India, the Aryans mastered agriculture. The leadership of the Aryan tribes was carried out by elders and leaders called rajahs. The position of Raja was at first elective, but, not wanting to lose the advantages of this position, over time it was made hereditary.

The society of the Ancient Indian state was divided into four classes called varnas. The highest varna was considered to be the varna of the brahmans - the varna of the priests. The next most important is the Kshatriya varna. Both varnas represented the aristocracy, the ruling class. The third and fourth varnas were represented by the Vaishyas and Shudras. Brahmins had virtually unlimited rights and opportunities. This was largely due to the fact that the Brahmans were priests. In ancient society, clergy were treated as possessors of the highest divine power. Kshatriyas were representatives of the secular nobility. Vaishyas are a varna of peasants, traders, and artisans. Shudras were people expelled or left the community. A Shudra is not much different from a slave. It can be bought and sold. However, a Shudra was allowed to have a family and the Shudra's children were the heirs of his property, while a slave could have a family in exceptional cases with the permission of his master. Transition from one varna to another was impossible. In general, there was practically no social mobility in ancient society. Castes began to form within the privileged varnas, which later turned into closed groups. Castes were formed along professional lines. Caste membership was determined by birth. Transferring to another caste was impossible. In the 4th century BC.

Ancient India was not a state as such. On the territory of India there were tribes led by rajas. Tribes were united into tribal unions called kingdoms. After the conquest of India by Alexander the Great, the formation of the state of Ancient India accelerated significantly.

At the end of the 4th century BC. The Maurya state is formed. The head of the Mauryan state was the king. The power of the king was significantly limited. Brahmins had enormous influence in the Mauryan state. The laws of Manu, for example, were created by the brahmins. Officials were divided into metropolitan and provincial officials. Their powers were strictly delimited. The army of the Mauryan state was professional.

Ancient Egypt and Ancient Sumer deserve special attention.

At the end of the 4th - beginning of the 3rd millennium BC. In ancient Egypt, forty regions were formed, called “40 nomes”. They were subsequently forcibly united by Pharaoh Narmen. Further, the history of Ancient Egypt can be divided into three parts - the Old Kingdom, the Middle Kingdom and the New Kingdom. Already at the beginning of the Ancient Kingdom, a state and class society emerged in Ancient Egypt.

During the Old Kingdom, all Egyptian nomes were quite independent. By virtue of the government's immunity certificates, they were exempt from paying taxes and duties to the state. That is why the collapse of the Old Kingdom occurred.

During the Middle Kingdom, despite the ongoing centralization of power, nomes retained many privileges. The possessions, positions and titles of the nome aristocracy become hereditary.

During the New Kingdom, the power of the pharaoh sharply increased, which negatively affected the aristocracy. The elders, who previously ruled the community, gradually became a special class of managers headed by the monarch. It was they who resolved the issues of redistribution of products between themselves and their subjects. A phenomenon has emerged that can be described as “power-property”. Power became profitable, it gave access to everyone economic resources, and, consequently, to personal enrichment. The interests of the nobility in power increasingly diverged from the interests of ordinary members of the community. To seize surpluses from community members, treasurers, controllers, etc. appeared in the community. They formed the main structural link of the bureaucracy. Managers sought to make their positions lifelong and hereditary.

Thus, the bureaucracy became a closed, privileged stratum of society. In general, the structure of the state of the eastern type, including that of Ancient Egypt, can be compared to a pyramid: at the top of the pyramid there is a sovereign monarch who has unlimited and deified power, then his closest associates and at the lowest level there were members of agricultural communities.

The community remained core structural unit society. The disintegration of the rural community in the conditions of irrigated agriculture and the need to build large-scale irrigation systems was impossible. Subsequently, the forced labor of slaves began to actively compete with the labor of free community members, and during the New Kingdom there was practically no difference in the position of slaves and free community members.

In addition to peasants, there were artisans, traders, and merchants in Ancient Egypt. Priests enjoyed enormous influence in Ancient Egypt, as in India. In Ancient Egypt there was a professional army. The police apparatus of Ancient Egypt was incredibly developed for its time. There were overt and secret police, border guards and even the security service of the pharaoh and his closest associates.

At the beginning of the 3rd millennium, the state of Ancient Sumer was formed. The peasants were against the nationalization of land and the exploitation of the minority by the majority. Popular uprisings began to occur. One of the most famous is the popular uprising in Lagash led by Urukagina. Popular uprising Urukagina was victorious, but six years later the regime established by Urukagina was destroyed.

The monarchical form of government appeared in Ancient Sumer only by the middle of the 3rd millennium BC. Until this point, Sumerian cities were city-republics like Novgorod and Pskov in Rus'.

In the 8th century BC. Pharaoh Hammurabi of Babylon conquered all the lands from the Persian Gulf to Nineveh. Social order Babylon is similar to Egypt. The difference lies in the position of free people. In Babylon, free people were divided into two categories - avilum and muskenum. Avilum were considered completely free people. Mushkenum were in the position of semi-slaves.

Hammurabi's power was unlimited. He himself called himself “the king of the four countries of the world.”

LAWS OF HAMURAPI.

Hammurabi's reign was also marked by the creation of a set of laws called the "laws of Hammurabi." The code of laws consists of 282 articles. True, not all of them have survived to this day. The Laws of Hammurabi were written on a stone pillar that was displayed in the city square where justice was administered. In addition, this allowed all the subjects of the pharaoh to become familiar with the laws in force in a given state.

The laws of Hammurabi were distinguished by their casual form of presentation. For example, Article 8 states: “if a person steals either an ox, or a sheep, or a donkey, or a pig, or a boat, then if it is God’s or if it is the palace’s, he can give it back 30 times the amount, and if it belongs muskenum - he can reimburse 10 times the amount; if the thief has nothing to give, then he must be killed.” However, nothing is said about other types of property.

In the code of laws there is no distinction between civil and criminal law, which is very typical for the codifications of antiquity. In addition, the Laws of Hammurabi say nothing at all about many crimes, state crimes for example. It seems that the punishment for these crimes was so natural and obvious that the legislator saw no point in explaining them.

In the Laws of Hammurabi, the principle of talion became widespread. This is perfectly illustrated by Articles 196 and 197 of the Laws of Hammurabi: “if a person damages the eye of any person, then his eye must be damaged” and “if a person breaks the bone of any person, then his bone must be broken.”

The idea of talion is a continuation of the idea of blood feud. Blood feud was limited by the legislator, since it was no longer relevant. Blood feud dominates in society until a surplus product appears in the economy. Then the main measure of punishment becomes material compensation for damage - a fine. Blood feud, which had already become a tradition, degenerates into the idea of talion.

Hammurabi's laws were of a clearly class-based nature. For example, if a free man dies during an operation, then the doctor, in accordance with the Laws of Hammurabi, should cut off his fingers. If the doctor’s slave dies during an operation, the doctor must compensate the slave for the muskenum.

The Laws of Hammurabi actively use objective imputation. Family members of the criminal could be held accountable for the crime committed.

In inheritance law, there are two types of inheritance - by law and by will. The first to appear was the will by law. The legislator sought to provide for the descendants of the owner and limit the testamentary freedom of the testator. According to the Laws of Hammurabi, a father can disinherit his son only as punishment for a “grave sin,” and not at his own discretion. According to the Laws of Hammurabi, brothers and sisters receive inheritance in equal shares.

The regulation seems very interesting family life, which is so typical for eastern countries. The family of Ancient Egypt was patriarchal. The wife and children were expected to submit unconditionally to their husband and father. A father has the right to sell his children.

The husband has virtually unlimited rights of divorce. The wife's right to obtain a divorce is sharply limited. She can demand a divorce only in three cases - in the case of her husband's infidelity, an unfounded accusation of treason, and in the case of her husband abandoning his home and place of residence.

A childless wife could give her husband a concubine who would bear him children. The wife remains the full-fledged mistress of the house.

The husband has no right to dispose of his wife's property without the consent of his wife. Interestingly, in the event of a divorce, the wife can take back her property. An analysis of some articles of the Laws of Hammurabi allows us to conclude that an unmarried woman who is not under guardianship, for example a priestess, has significant economic freedom.

CONCLUSION

1. Almost all states of the eastern type were despotism with all its inherent features - the unlimited power of the monarch, the combination of secular and church power in one person, power is exercised by a large bureaucratic apparatus, personal freedom is suppressed in every possible way.

2. Eastern-type states were distinguished by the presence of a professional army, and the state of Ancient Egypt was also characterized by an incredibly powerful police apparatus.

3. In all states of the eastern type, a huge role in social and state life the priesthood played.

4. The law of the ancient Eastern states was particularly cruel (talion, ordeals, objective imputation), although this was fully consistent with the ideas of justice of that time.

LITERATURE

1. Chernilovsky Z.M. General History of State and Law. – M.: Yurist, 2002. – 576 p.

2. General theory Law and State: Textbook / Ed. V.V. Lazarev. – 3rd ed., revised. and additional – M.: Yurist, 2002. – 520 p.

3. Reader on the history of state and law of foreign countries: textbook. allowance / comp. V. N. Sadikov. – 2nd ed., revised. and additional – M.: TK Welby, Prospekt Publishing House, 2005. – 768 p.

The numbering of articles is arbitrary

God's property is the property of the temple