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Power and social norms

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Obviously, among the most significant factors influencing the organization of primitive society were power and social norms. It is generally recognized that power is necessary to coordinate relations between people, to manage the affairs of any social group, team, society.

Power arises together with, it performs its functions and in this regard is called social. ^ Social power is the ability of a certain person or social group to use various means (power, authority, traditions, etc.) in order to exert a certain influence on people to achieve a particular goal (coordination of behavior, ensuring order, etc.). This power has a number of characteristics.

It is a social phenomenon; educated and functioning in society. Social power is an attribute (an integral component) of society at all stages of its development, since society constantly needs to be controlled through power. Power can only function within the framework public relations that exist between people (individuals, their teams, other social formations). Public relations, within which power exists and is exercised, are a kind of public relations and are called power relations. This is always a two-way relationship, one of the subjects of which is a powerful (dominant) subject, and the other is subject.

The most important feature of power is its basing on strength, which can be of a different nature (physical strength, strength of authority, strength of the intellect, etc.).

The early pre-state period was characterized by collective labor and way of life, the existence of a collective form of ownership of agricultural, hunting grounds, and food obtained.

The reason for this was the underdevelopment of tools.

This way of life and production corresponded to a certain organization of primitive power.

The public (social) power of that period was distinguished by the following main features:

The highest authority was the tribal meeting of all adult members of the clan, at which the most important issues of life were decided; - it also elected the elder of the clan, who carried out the operational management of various fields of activity;
- social power was limited to the clan, expressed its will, relied on the authority, respect, traditions of members of the clan;
- coercion, as a manifestation of power, was a relatively rare phenomenon. It consisted, as a rule, in the imposition of burdensome additional duties for wrongdoing.

In general, it can be said that before the state society, the authorities had a real opportunity to control the actions of people in the then existing conditions. It was a necessary function of the society of that period of time, it did not have a territorial character, it extended only to members of the clan. Power relied mainly on the method of persuasion, on the authority of the rulers, their high moral and physical qualities.

Any social system, including pre-state ones, includes means of normative regulation, special norms that determine the relationship of man with nature and other people. On the basis of such norms, before the state period, people organized and regulated joint work, distributed the product produced, determined the order of relationships between people, procedures for resolving disputes.

Normative regulation was mainly carried out through customs. It should be noted that customs are rules of conduct that have developed as a result of repeated, long-term observance, which have become a habit. Customs regulated relations in primitive society and were passed down from generation to generation. They fixed the most necessary (rational) options for people's behavior in socially significant situations, expressed the interests of all members of the community. With the help of customs, production and exchange, marriage and family relationships, solving social problems, relations with other clans and tribes. Customs regulated the distribution of the common product, hunting, determined the relationship between a man and a woman, procedures for resolving disputes, etc. The presence of these mandatory rules limits the egoism of a person, makes his behavior predictable. Moreover, these norms concerned the rules of mutual assistance, mutual protection, therefore, they contributed to the survival of members of the tribal community, the consistency of their behavior. For this reason, people strove to follow these rules.

Taboos (prohibitions) were of great importance, by means of which relations in the tribal association were protected. Taboo breaking was accompanied by primitive man occurrence of adverse effects.

The regulation of relations between people was also expressed in the decisions of general meetings, in the decisions of the elders, and was also carried out through oral myths, orienting to appropriate behaviors in a tribal community.

The then existing rules of behavior are often called mono norms (monos in Greek - “one”, “single”), since they included indistinguishable moral, religious, traditional attitudes.

The mono norms of primitive society are unified, undifferentiated norms that determine the order of organizing social life, relationships between members of society, the performance of religious rites, etc. These norms did not separate rights from duties: the rights of the individual merged with his duties. The content of the mono norm was not only various kinds of taboos - prohibitions to perform certain actions, but also various duties, for example, to preserve certain types of animals, as well as regulations - certain permissions for actions.

Social norms in primitive society were carried out by virtue of habit, imitation and understanding of their usefulness. Sanctions were applied to violators, the most severe of which was expulsion from the community. In fact, this led to the death of a person rejected by the tribe.

In the period of the emergence of man, far from us, he was guided primarily by instincts, and in this sense, prehistoric people differed little from other animals. Instincts work!; as you know, regardless of the will and consciousness of a living being. Nature, through genes, transmits from generation to generation the instinctive rules of behavior of individuals.

Over time, as consciousness grew, our ancestors' instincts gradually began to transform into social norms. They arose at the earliest stages of development human society in connection with the need to regulate the behavior of people in such a way as to achieve their expedient interaction to solve common problems. Social norms created a situation where human actions no longer consisted of instinctive reactions to stimuli. Between the situation and the impulse generated by it, there was a social norm, which is connected with the most general principles of social life. social norms These are general rules governing the behavior of people in society.

The main varieties of social norms of primitive society were: customs, moral norms, religious norms, sacred (sacred, magical) prescriptions (taboos, vows, spells, curses), agricultural calendars.

customs- these are historically established rules of behavior, which, as a result of repeated repetition, have become a habit. They arise as a result of the most expedient variant of behavior. Repeated repetition of such behavior made it a habit. Then the customs were passed down from generation to generation.

Nervous morality norms- these are the rules of behavior that regulated relations between people on the basis of primitive ideas about good and evil. Such rules of behavior arise much later than customs, when people acquire the ability to evaluate their own actions and the actions of other people from the point of view of morality.

Religious norms are the rules of conduct that govern relations between people on the basis of their religious beliefs. So, a special place in their lives begins to occupy the administration of religious cults, sacrifice to the gods, the slaughter of animals (sometimes people) on altars.

Sacred prescriptions

Taboo- this is a sacred prescription, a ban on doing something. There is a point of view (a Freudian concept), according to which the leaders of the primitive herd, with the help of taboos, made people manageable and obedient. This made it possible to get rid of the negative manifestation of natural human instincts.

According to the Russian ethnographer E.A. Kreinovich, the taboo system has social roots. Thus, among the Nivkhs, this system is an expression of the struggle of various human groups for existence and is based on two types of contradictions:

• between older and younger generations;
• between male and female.

Thus, Stone Age hunters, using frightening prohibitions, deprived young people and women of the right to eat the best parts of a bear carcass and secured this right for themselves. Despite the fact that prey, most likely, was brought by young, strong and dexterous hunters, the right to the best shares still remained with the old.

Vow- this is a kind of prohibition or restriction that a person voluntarily imposes on himself. The person on whom the obligations of blood feud lay could promise not to appear in his native house until he avenged the murdered relative. In ancient society, a vow was one of the ways of a person's struggle for individuality, because through it he showed his character.

spells were magical acts, with the help of which a person sought to influence the behavior of another person in the right direction - to bind to himself, repel, stop evil behavior, witchcraft actions.

A curse is an emotional call to supernatural forces to bring down all sorts of suffering and misfortune on the head of the enemy.

Agricultural calendars- a system of rules for the most expedient conduct of agricultural work.

So, in primitive society there were many social norms and prohibitions. E.A. Kreinovich, who in 1926-1928. worked on Sakhalin and Amur among the Nivkhs, noted that “both the economic, social and spiritual life of the Nivkhs is extremely complex. The life of every person long before his birth is predetermined and painted in the mass of traditions and norms. The Russian traveler and geographer V.K. Arseniev, who studied the life of the Udege, was surprised at how many prohibitive rules they had. B. Spencer and F. Gillen, researchers of the primitive way of life of Australians, also noted that "Australians are bound hand and foot by custom ... Any violation of custom within certain boundaries met with unconditional and often severe punishment."

Thus, in a primitive society, the individual was surrounded by a dense layer of social norms, many of which, according to generally accepted modern views are inappropriate.

Different approaches to assessing the regulatory system of primitive societies

One of the approaches is substantiated by I.F. Machin. In his opinion, when characterizing the norms of social regulation of a primitive society, it is quite acceptable to use the concept customary law. By customary law he understands independent historical type of law along with those allocated in recent times types of law, such as class law, social law. Synonyms for the term "customary law" are the terms "archaic law", "traditional law".

Not everyone agrees with this approach. So, according to V.P. Alekseev and A.I. Pershitsa, it is unlawful to use the concept of customary law in relation to primitive societies. From their point of view (and this is the second approach), the norms of social regulation of primitive society were mononorms. It should be noted that the concept of a mononorm was developed by historians of primitive society and from them migrated to the domestic theory of state and law.

So, supporters of the second approach believe that when characterizing the norms of social regulation of a pre-state society, one should use the concept of a mononorm (from the Greek. monos- one and lat. norma- rule), which is an undivided unity of religious, moral, legal, etc. norms.

Who is right? What definition should be used when characterizing the norms of social regulation of primitive society? It seems that both the first and second approaches can be used.

Defending the positions of the second approach, we note that in the minds of primitive society the question could hardly arise of what kind of social norm in this case it is guided by. Therefore, the use of the term mononorm is justified.

The first approach in understanding the emergence of law and its essence is of great scientific and theoretical importance. However, customary law in this sense is not a legal concept. Law in a strictly legal sense is a system of norms that comes from the state and is protected by it. But this right does not appear in a vacuum. For its occurrence, there is an appropriate regulatory framework.

By the time of the emergence of the state, at the final stage of the development of primitive society, a fairly effective system of social norms is being formed, which representatives of the first approach call customary law. This is the period when there was no state yet, but there was already a law in a non-legal sense. Social norms of customary law were the main source of law in the legal sense.

General characteristics of social power before the state of a different period

Taking into account the fact that society arose much earlier than the state (if the first happened about 3-4.5 million years ago, then the second - only 5-6 thousand years ago), it is necessary to characterize social power and norms that existed in the primitive system.

The existence of early forms of uniting the ancestors of modern man was due to the need to protect themselves from the external environment and to jointly obtain food. In the harsh natural conditions of primitive society, a person could survive only in a team.

Prenatal associations of people were not sustainable and could not provide sufficient conditions for the preservation and development of man as a biological species. The economy of that time was appropriating. Food products obtained from nature in finished form could provide only the minimum needs of society in the extreme conditions of its existence. The material basis of primitive society was public property with gender and age specialization of labor and equal distribution of its products.

The manufacture of tools and the creative organization of joint economic activities helped man to survive and stand out from the animal world. This process required not only the development of instincts, but also memory, skills of consciousness, articulate speech, the transfer of experience to subsequent generations, etc. Thus, the invention of the bow and arrows assumed a long previous experience, the development of mental abilities and the possibility of comparing human achievements.

The primary organizational unit of the reproduction of human life was the genus, based on the blood and kinship relations of its members, conducting joint economic activities. This circumstance is connected primarily with the peculiarities of family relations of that time. The primitive society was dominated by a polygamous family, in which all men and women belonged to each other. In conditions when the father of the child was not known, kinship could only be carried out through the maternal line. A little later, with the help of customs, marriages between parents and children are first prohibited, then between brothers and sisters. As a result of the prohibition of incest (incest), which served as the biological basis for the separation of man from the animal world, marriages began to be concluded between representatives of related communities. Under such circumstances, several friendly clans united in phratries, phratries - in tribes and unions of tribes, which helped to more successfully conduct economic activities, improve tools and resist the raids of other tribes. Thus, the foundation of a new culture and system of relations and communications between people was laid.

For the operational management of the community, leaders and elders were elected, who in everyday life were equal among equals, guiding the behavior of fellow tribesmen by personal example.

The highest authority and judicial instance of the clan was the general meeting of the entire adult population. Intertribal relations were directed by a council of elders.

Thus, a feature of social power in the pre-state period was that it, in fact, was part of the very life of people, expressing and ensuring the socio-economic unity of the clan, tribe. This was due to the imperfection of the tools of labor, its low productivity. Hence the need for cohabitation, for public ownership of the means of production, and for the distribution of products on the basis of equality.

Such circumstances had a significant impact on the nature of the power of primitive society.

The social power that existed in the pre-state period was characterized by the following features:

• it spread only within the clan, expressed its will and was based on blood ties;
• it was directly public, built on the principles of primitive democracy, self-government (that is, the subject and object of power here coincided);
• the organs of power were tribal assemblies, elders, military leaders, etc., who decided all the most important questions of the vital activity of primitive society.

General characteristics of social norms of the pre-state period

In the pre-state period, natural collectivism, which united people for coordinated purposeful activities and ensured their survival at a certain stage of development, needed social regulation. Every community is a self-governing local collective capable of developing and enforcing norms of joint activity.

Human behavior is largely determined by his natural instincts. The feeling of hunger, thirst, etc. makes it necessary to take certain actions to satisfy individual needs. These instincts, due to the nature of the existence of a living organism, are inherent in all representatives of the animal world. Human behavior in the primitive herd was directed with the help of signs perceived, as in animals, at the level of instincts and physical sensations. However, unlike other animals, man is endowed with the property of reason. That is why the original method of normative regulation was a ban, signifying a possible danger to a person who ignores natural patterns. In addition, the life of an individual largely depends on the behavior of the people around him, on the consistency of mutual existence. A person in everyday life must not only take something from the surrounding nature for himself personally, but also give himself to the benefit of society, observing the general rules of behavior. This behavior is based on natural instincts (reproduction, self-preservation, etc.). But they are exacerbated by the collective nature of man. Therefore, in the behavior of a person, his spiritual life, which is regulated by morality and some religious norms, begins to play an increasingly important role. His actions are evaluated from the standpoint of good and evil, honor and dishonor, fair and unfair. He begins to realize that true well-being does not come when a person satisfies his physiological need, but when he lives in complete harmony with others.

For social regulation, it was necessary to have a developed consciousness, the ability to evaluate, generalize and formulate the most rational options for behavior in the form of universally binding samples.

With the help of emerging social norms, human society solved the problem of survival and ensuring a stable life together. Accumulating particles of accumulated social experience in a subject-fiction form, these norms indicated how to and how not to act in a certain way. life situation. Therefore, in those norms, in contrast to the current ones, it was not the connection between what was and what should be expressed, but the connection between the past and the present. The risk was too expensive for primitive man. The emerging human rights, reflecting the degree of his freedom to act at his own discretion, were still largely predetermined by natural factors (physical strength, intelligence, organizational skills, etc.) and the level of knowledge of primitive man. The normative system of that time was quite conservative and abounded with numerous prohibitions, expressed in the form of spells, vows, vows and taboos. Taboo - this is a ban that went through a special religious, magical technology (established by priests) and had mystical sanctions that threatened with adverse consequences.

The limitations of primitive society held back the biological instincts of man, which adversely affect environment and development of the genus.

A person could feel free only within the boundaries of established prohibitions. Only later did obligations and permissions appear, the division of law into natural (natural) and positive, artificially created and changed by the person himself, regulating not so much the position of a person in the world around him as relations within the human community.

Primitive society was not familiar with morality, religion, law as special social regulators, since they were at the initial stage of their formation and it was still impossible to differentiate them. The emerging mononorms were detailed in content and unified in form. Their main form is custom.

Custom - it is a form of transmission of normative-behavioral information from one generation to another. The strength of the custom was not in coercion, but in public opinion and the habit of people to be guided by this norm, in the stereotype of behavior developed by long-term practice. The norm of custom is valid as long as it is remembered and passed on from generation to generation. Considerable assistance in this has always been provided by everyday folklore (parables, proverbs, sayings). They reflected all stages of the origin and resolution of a disputed situation: “an agreement is more valuable than money”; “debt in payment is red, and loans in repayment”; “left - and right, got caught - and guilty”; “not all guilt is to blame”, etc.

The social significance and divine predetermination of behavior fixed in customs were emphasized by the procedural norms of numerous rituals and religious rites. Ritual is a system of sequentially performed actions of a signal-sound and symbolic nature. The form of its holding and the external attributes of the participants instilled in people the necessary feeling and set them up for a certain activity. Religious rite - it is a complex of actions and signs that contains a code of symbolic communication with supernatural forces. When it is carried out, priority is given not only and not so much to the form as to the semantic content of actions performed under the guidance of a person with special knowledge.

Thus, the signs of the norms that existed in the pre-state period are the following:

• regulation of relations in primitive society mainly by customs (that is, by historically established rules of conduct that have become a habit as a result of repeated use over a long time);
• the existence of norms in the behavior and minds of people, as a rule, without writing expressions;
• ensuring norms mainly by force of habit, as well as appropriate measures of persuasion (suggestion) and coercion (expulsion from the clan);
• prohibition (taboo system), as the leading method of regulation (lack of proper rights and obligations);
• expression in the norms of the interests of all members of the clan and tribe.

MINSK INSTITUTE OF MANAGEMENT

"I admit to the defense"

civil and state ____________________Lebedev A.F.

"__" ______________________ 2008

COURSE WORK

discipline: "General theory of law"

on the topic : « Power and social norms in primitive society»

Student group №70201

Head of Assoc. Chairs Gr. and Mrs. rights _______ A.F. Lebedev

PhD in Law, Associate Professor

PLAN .

Introduction

Considering the primitive society, social management (power) and normative regulation in it, different researchers adhere to different concepts on this issue. In this term paper, I will try to trace the evolution of views on this topic and I will try to broadly highlight the problems associated with the study of this period in the life of human society. In the introduction, I would like to highlight the main points of the development and formation of primitive society, give a general description and give a definition of the basic concepts and definitions.

Primitive society is a pre-state stage in the history of mankind. Recent archaeological research suggests that Homo sapiens formed as a species about 200 thousand years ago. It is from this moment that we can talk about the history of primitive society.

Periods of development of primitive society:

1) early period (the era of the fore-community).

At this stage, overcoming the remnants of the animal state, the completion of biological development, the beginning of social development. During this period, people lived in small family groups of 20-30 people, led a nomadic lifestyle. The main way to maintain material existence is hunting and gathering. Primitive tools.

2) the middle period (the era of the tribal community).

The gradual enlargement of society, the formation of tribal communities. A tribal community is a social entity based on kinship ties, in which each member of the community performs a certain social function for the benefit of the entire community. A tribal community is a group of relatives.

The tribal community is characterized by gender and age specialization of labor. There is a transition from polygamy to exogamy (a ban on marriages within the clan), a ban on incest. The emergence of inter-clan ties and kindred clans united in tribes, phraties.

3) late period (the era of the neighboring community)

There is a further complication of social life. The emergence of new forms of management (agriculture, cattle breeding, crafts). The prerequisites for the emergence of the state are being formed.

The transition to new forms of management - the emergence of agriculture, animal husbandry, and later crafts (three social divisions of labor). Formation of the beginnings of a producing economy. The transition to monogamy (the emergence of a family). Exchange relations and the beginnings of trade appear.

The governing bodies of the primitive community:

- a meeting of adult members of the clan (usually warriors)

- the leader (head of the clan) was elected at the meeting of the clan

- elders

- military leader

The gender and age division of labor suggests that each adult member of the community performed a certain socially useful function. This determined the well-known democratism of power relations.

In the era of the neighborhood community, power acquires new characteristics, partly similar to state power.

There is such a form of power as the chiefdom (chiefdom).

Chiefdom - a type of social organization, consisting of a group of communal settlements, hierarchically subordinate to the central, larger of them, in which the ruler (leader) lives.

Difference from military democracy:

1) the people are removed from direct control. The leader and his entourage organize the economic, distributive, judicial and religious activities of the society.

2) The hierarchy of settlements and clans is more clearly visible (vertical subordination).

3) The emergence of the rudiments of the administrative apparatus, bureaucracy.

4) The tendency to sacralization (deification) of the personality of the leader.

Already in primitive society, social norms began to form that regulate the behavior of community members. These norms were characterized by the following features:

1) the static nature of social norms, their stability over a long period of time.

The immutability of the social norms of primitive society is associated with the stability of social relations.

2) non-differentiation of social norms.

The norms performed not only a regulatory, but also an evaluative function, and also had a sacred character. The norms of primitive society, as it were, were at the same time customs, moral norms, and religious norms.

3) lack of written fixation.

The oral nature of the norms that were passed down from generation to generation, thereby maintaining continuity.

4) expressed public interest.

The norms of primitive society regulated mainly three circles of social relations:

1) relations within the clan, between the clan and the individual (relationships of power, distribution of duties, etc.)

2) inter-clan relations (marriage and family, tribal unions, mutual assistance, etc.)

3) ecological relations (human actions in relation to nature). The totem system was established. A totem is an idealized being, the patron of a clan, usually an animal.

The prevailing methods of regulation are prohibition and permission. Commitment in its infancy.

TABOO prevailed among the prohibitions.

Taboo is a prohibition reinforced by the fear of punishment by otherworldly forces, a sacred prohibition (murder, incest, cannibalism, etc.)

Forms of fixing the norms of primitive society:

A) a ritual is a rule of conduct in which the external form of performing certain actions contributes to the general mood for performing joint activities.

B) a rite is a rule of conduct, consisting in symbolic actions that penetrate deeply into the psyche of a particular person and pursue ideological (educational) goals (for example, an initiation rite).

C) myth - a legend, a legend about Gods, spirits, heroes, ancestors, explaining the existing world order and recommending certain behavior.

D) custom - a rule of conduct that has developed historically over the course of several generations, which has become universal and mandatory as a result of repeated repetition.

D) moral standards.

Chapter 1 . Characteristics of the development of scientific knowledge about primitive society and its periodization.

The science of primitive society arose in the second half of the 19th century, although attempts to penetrate into the remote past of man were made as early as the era of ancient Greece and Ancient Rome. The thinkers of this period carried out the knowledge of the surrounding world in general and the archaic era of human society, in particular, within the framework of the then unified universal science-philosophy. For example, the Greek philosopher Democritus (5th century BC) said that people emerged from the animal kingdom. The need to get food for themselves, to hide from the weather forced people to improve ways of fighting nature for their survival. Democritus restored the picture of the primitive state of people on the basis of an analysis of the life of contemporary “barbarian” tribes (Term "barbarian" comes from Greek barbaros. So the ancient Greeks, and then the Romans, called all foreigners who spoke a language incomprehensible to them.). The greatest Roman philosopher Lucretius Carus (1st century BC) in his work “On the Nature of Things” criticizes myths and legends about the “divine nature of things” and claims that man moved from stone tools to copper and bronze, and then - to the iron. Lucretius

denies the immortality of the soul and the intervention of the gods in the development of the universe.

However, the worldview of ancient thinkers was limited. They all agreed on the eternity of the system of slavery: all who are not Greek and not Roman are barbarians, "slaves by nature." In the ancient era, there was an accumulation of specific ethnographic knowledge. Material of great value is contained in the piles of ancient authors (Herodotus, Strabo, Caesar, Tacitus, etc.). They, who lived in a slave-owning society, were struck by the lack of private property among a number of "barbarian" peoples, democracy, gentle treatment of slaves, the definition of kinship through the female line, the use of meager food and clothing. Ancient authors also conveyed other important sketches of the customs, way of life and social life of the "barbarian" tribes.

In the Middle Ages, despite the fact that science was put at the service of theology, rational ethnographic knowledge about the inhabitants of the Earth gradually accumulated. We find useful information in the Chinese and European chronicles, in the messages of the Western and Central Asian travelers of the 9th-15th centuries. Of great importance are the data of the Arab geographer and traveler of the 10th century. Ion-Fadlan, who visited East Africa, India, China, Java, Iraq, Syria, Eastern Europe. And for modern researchers, the descriptions of the socio-political life of the states of the Caucasus, Crimea, the Khazar and Bulgar kingdoms left by Ion-Fadlan are of exceptional value.

Important information is contained in the Old Slavonic Tale of Bygone Years (beginning of the 12th century), which gives a specific description of the peoples who lived on the East European plain.

From the end of the XV century. the era of geographical discoveries begins, which is a new stage in the accumulation of factual material about the life of people on Earth. Traveling around the world, the penetration of Europeans deep into the continents gave extensive material about the primitive state of the inhabitants of the islands. Pacific Ocean, America, Africa, Australia, etc.

With the accumulation of ethnographic material in modern times, the first works appear in which a picture of people's lives in the past is recreated. Among the progressive Western European scientists of the first half of XVIII in. we should mention J. Lafito, who wrote the work "The customs of American savages in comparison with the customs of ancient times" (1724). Lafito, using the specific historical material available to him, gave a scientific description of the tribal system of the North American Iroquois and Hurons, noting the dominance of women among them. Through a comparative analysis of knowledge about the life of these tribes, the scientist came to the conclusion that matriarchy was widespread among primitive people. But this unique work of Lafito in the XVIII century. was almost the only one.

In the XVIII century. the science of the history of primitive society began to develop in Russia as well. After the establishment of the Academy of Sciences in Russian Empire a number of ethnographic expeditions are organized. Of great value are the works of S.P. Krasheninnikov on the population of Kamchatka. His book Description of the Land of Kamchatka (1755) contains a realistic description of the life of the Itelmens. Krasheninnikov's work is the most important source on material production, culture and history of Kamchadals. She was highly appreciated by her contemporaries, in particular by M.V. Lomonosov.

In 1775, a monograph by the well-known lawyer and sociologist, professor of law at Moscow University, S.E. Desnitsky, “A Word on the Origin and Establishment of Marriage among the Primitives,” was published. In his work, the scientist closely connected the development of the family with the origin and development of property, which is a hundred years ahead of Western and American science.

The leading Russian scientists of the 19th century, united in the Russian Geographical Society (K.M. Baer, ​​P.P. Semenov-Tyan-Shansky, N.M. Przhevalsky, N.N. Miklukho-Maklay and etc.). They collected material not only on the territory of the Russian Empire, but also abroad.

Along with the accumulation of ethnographic material, there was a gradual development of archaeological research, which played a huge role in the development of the history of primitive society as a science.

In 1836, the Danish archaeologist H. Thomsen divided the entire primitive “pre-literate” era into three periods, taking natural material as a basis: stone, bronze, iron, from which tools were made. The division of primitive history into stone, bronze and iron periods was done even before Thomsen, but these were conjectures, assumptions (Lucretius Car and others). Thomsen's merit lies in the fact that he proved the correctness of this hypothesis with extensive archaeological material. Another Danish archaeologist, J. Vorso, expanded the Thomsen system and also discovered a new method that allows one to determine the relative chronology of the zeschas found in the burials based on the burial rite. Thanks to the practical and historical research of Thomsen and Worso, archeology becomes a scientific discipline.

A follower of Charles Darwin, the French scientist G. Mortillier divided the Stone Age according to the type of tools (from simple to complex) into several periods (types of cultures), gave them names according to the place of finds (“shell”, “ashel”, “mousterian”, “solutre ”, “Madeleine”) and outlined the approximate dates of each period. Further discoveries forced additions and clarifications to Mortillier's periodization.

In 1861, the book of the Swiss legal historian I. Bahoven "Mother's Right" appeared, in which the author proved for the first time that "mother's right" preceded "paternal", and thereby refuted Aristotle's patriarchal theory, according to which the first people lived in families where the lords were men. Bahoven puts on for the first time scientific basis the problem of promiscuity, substantiates the first stage of disordered relations between the sexes, or the era of "hetaerism", as he called it, through which all nations passed without exception.

In 1877, the work of the American scientist L. Morgan "Ancient Society" appeared. The merit of the author lies in the fact that he discovered the tribal organization that preceded the state, showed the place of the clan within the tribe. Morgan also proposed a periodization of primitive society according to the stages of culture. Remaining on the positions of the evolutionary school, Morgan came close to materialism. He proved the universality of historical development from matriarchy to patriarchy, from collective forms of ownership to private. Morgan painted a picture of the development of family relations, forms of marriage, showed that monogamy appears at the final stage of development of primitive society. Subsequently, many of Morgan's provisions became outdated (for example, periodization), some acquired local significance and applicability, some turned out to be erroneous;

discussed the problem of the emergence of matriarchy and patriarchy. Nevertheless, Morgan's conclusions managed to take root in the minds of a number of subsequent generations of scientists, and we find traces of them everywhere. As for Marxism, here they received undeniable recognition.

At one time, L. Morgan's work "Ancient Society" was especially highly appreciated by F. Engels. “It is clear to everyone,” wrote the classic of Marxism, “that by doing so a new epoch is opening up in the elaboration of primitive history. The genus, based on maternal right, has become the pivot around which all this science revolves; since its discovery, it has become clear in which direction and what should be studied and how the results should be grouped

F. Engels implemented these ideas in his book “The Origin of the Family, Private Property and the State” (1884), which was written on the basis of a generalization of scientific data from the late 19th century .

An important merit in the development of a number of issues of primitive history, including the origin of the state, belongs to Soviet scientists: P.P. Efimenko, A.I. .M. Gerasimov and many others.

A large ethnographic material, shedding light on the distant past, was also collected by Belarusian scientists of the second half of XIX- the beginning of the XX century. The works of I.I. Nosovich, P.V. Shein, E.R. Romanov, E.F. Karsky, M.V. Dovnar-Zapolsky and others should be especially noted. Karsky collected a large number of Belarusian folk songs. I.I. Nosovich and E.R. Romanov did a great job of compiling a dictionary of the Belarusian language, collecting folklore and ethnographic material. E.R. Romanov was simultaneously engaged in anthropological and archaeological research. Museum of Anthropology and Ethnography. Peter I AN Russian Federation there are more than 2 thousand items from the excavations of E.R. Romanov. M.V. Dovnar-Zapolsky was interested in socio-economic topics (works on the study of the “courtyards” of Belarusians are especially important). He studied family life, in particular, Belarusian wedding rituals, as well as customary law, etc.

During the years of Soviet power, a significant contribution to the study of primitive society and the emergence of the state on the territory of modern Belarus was made by A.N. Lyavdansky, K.M. Polikarpovich, L.D. Pobol, G.V. Shtykhov, V.K. etc. Some of them are working in the field of Belarusian science at the present time.

After a brief historiographic review, it becomes clear that in order to study primitive society, the origin of the state and law, scientists use a wide variety of sources that are studied by various social and natural sciences. However, the most important of them are: archeology, ethnography, anthropology, linguistics, folklore, geology, etc.

The first place among these disciplines belongs to archeology- branches of historical science, mining and researching ancient and medieval material monuments, known as "cultures". Archaeological culture is understood as a group of monuments (settlements, burial grounds, etc.), united by one time, a common territory and the same characteristic features. . Based on the study of tools, the remains of settlements and dwellings, utensils, burials and other finds, archaeologists restore the life of ancient people, their social organization, and culture.

However, archaeological sources are insufficient for a comprehensive study of the history of mankind, since on the basis of them it is impossible to fully trace all aspects of the social and spiritual life of society. This gap is filled with data ethnography(gr. ethnos - people, grapho- I write, i.e. ethnography, or ethnology). AT last years in parallel with this name in the specialized literature, the term is increasingly used ethnology, which defines ethnography as a theoretical discipline as opposed to a descriptive one (ethnos - people, logo ~ teaching, science). Both terms have the right to exist and can be used in different contexts as interchangeable synonyms. . Ethnography studies the life not only of the culturally "backward" who retain signs of a primitive state, but also of highly developed peoples whose economy, life and culture contain remnants of elements of a long-passed stage of development. Especially many vestiges of the past have been preserved in wedding and religious ceremonies.

Anthropology(gr. anthropos- human, logos- doctrine) comprehensively explores the biological nature of man.

Linguists, studying the language of peoples, establish etymology words (gr. etymon- truth, original meaning), the origin of individual names, their relationship with the words given language and the language of other peoples. In this way, certain aspects of the historical past of people emerge.

For a researcher studying primitive society, it is important not only to find and analyze sources, but also to establish the place and time of their appearance. In other words, the history of primitive society, like all history in general, is inconceivable without chronology. In the course of the history of primitive society, researchers use two types of chronology: absolute and relative. Absolute chronology with greater or lesser accuracy indicates the time of an event (millennium, century, year, month). When studying the history of primitive society, relative chronology is of greater importance. It establishes the sequence of events, or their relationship in time. Relative chronology units are large (hundreds and tens of millennia). According to relative chronology, for example, a periodization of the history of the earth's crust and a periodization of the history of primitive society were compiled. To study the process of decomposition of the primitive communal system and the origin of the state, knowledge of relative chronology is especially important, since it allows you to make all the material easily visible. Periodization is established on the basis of the analysis and systematization of all scientific material. For example, periodization based on new archeological data and highlighting as one of the main milestones in the development of primitive society is of particular methodological value for the theory of state and law. "Neolithic Revolution" (Neolithic- new stone age).

In general, the question of the periodization of the history of primitive society remains one of the most difficult in science today. Accumulating every decade new material, which breaks the accepted schemes and constructions, gives rise to new hypotheses in solving the problem of primitive history.

Thus, Morgan's periodization with two large stages in the history of primitive society - "savagery" and "barbarism", each of which is divided into three stages (lower, middle and higher) - played a big role in the development of science, but is now outdated and does not correspond new data of archeology and ethnography. It suffers from mechanicalness, new facts do not fit into its framework. Although L. Morgan put successes in the field of material production as the basis for the division into periods, as new material was accumulated, it turned out that some of them are not universal. For example, the bow and arrow, characteristic (according to Morgan) of the "highest stage of savagery", was not known to the Polynesians, although the latter were more advanced than the Melanesians, who used these weapons. " Highest level barbarism”, i.e. the state of society on the eve of the state, Morgan was determined by such a basic feature as the smelting of iron ore. However, it is known that a number of peoples of the Ancient East came to statehood in the era of the Copper-Bronze Age, i.e. before being used in iron production.

However, individual researchers are still adopting L. Morgan's scheme of periodization of primitive society, however, filling it with a largely different content.

At present, the periodization of the history of primitive society is carried out in two directions. The first is based on establishing the stages of development of the means of production: the Paleolithic (Old Stone Age); Mesolithic (Middle Stone Age); Neolithic (New Stone Age); Eneolithic (copper-stone era); Bronze Age and Early Iron Age. As you can see, the difference between the epochs is in the method of making tools, in the material used and the way it is processed.

The second direction of the periodization of primitive society is based on the stages of development of the social organization of people: the primitive herd community, the maternal tribal community, the patriarchal tribal community and the decomposition of the tribal system.

The primitive herd community falls on the time of the Eolithic (dawn of the stone), early and middle Paleolithic. In the late Paleolithic era, a maternal genus arises, the further development of which occurs in the Mesolithic, early Neolithic and fully flourishes in the late Neolithic. In the Eneolithic, patriarchy is born, the heyday of which falls on the Bronze Age. The period of disintegration of the tribal system L. Morgan and F. Engels called the system of military democracy. The structure of military democracy belongs to some peoples to the Copper-Bronze Age, to others - to the Early Iron Age.

The proposed periodization is used by a number of scientists as a working hypothesis, but not all researchers adhere to it. Some distinguish only the early and late Paleolithic, the middle one is attributed to the early Paleolithic (P.I. Boriskovsky). Due to the fact that in the process of labor development there was a process of formation of a person as a biological individual, some scientists, in particular Yu.I. Semenov, call the era of the primitive herd the stage of emerging people, i.e. the period of the formation of human society, and the period of the appearance in the Upper Paleolithic of a person of a modern physical type is called the era of the tribal system, or the beginning of the period of development of human society. DA Krainov, in contrast to this division, notes three stages in the development of man and society: the first stage is the era of the formation of man (corresponds to the beginning of the Eolithic time); the second stage - the time of the emergence of primitive man and society, this is the prenatal primitive commune (archaeologically corresponds to the lower and partly the middle Paleolithic); the third stage is the clan (tribal) organization of society from its beginning to the era of the decomposition of the tribal system (the end of the Middle and the beginning of the Upper Paleolithic).

The period of decomposition of the tribal system is also defined differently. Some researchers call it the era of the "neighboring community", and the system of "military democracy" as a political organization of society is not considered a universal stage in the development of each nation.

All this indicates the complexity of the problem of periodization of the history of primitive society and the efforts of scientists aimed at resolving it.

The latest data on the problems under consideration are presented in the recently published works of Western and domestic researchers. In them, concrete historical material is presented not in a formational, but in a civilizational sense. This is all the more important because the class-formational approach to the study of human society was the only one in our scientific and educational literature. Therefore, one should welcome and support in every possible way those authors in whose works civilizational approach in the study of the history of human society is increasingly recognized. ,

Chapter 2. Power in primitive society

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

The problem of resources in the community on early stage its existence is usually not worth it - there is enough land for everyone, as well as other lands. True, something depends on the distribution of plots, but this distribution is made taking into account social justice, not rarely by lot. Another thing is the subjective factors, which manifested themselves so tangibly in the local group and, perhaps, even more noticeable in the community, although in a slightly different way. Some groups are more numerous and more efficient than others; some patriarchs are smarter and more experienced than others. All this affects the results: some groups are larger, more prosperous, others are weaker. The less fortunate pay the price that their groups become even smaller, because they do not get or get fewer women - therefore, fewer children. In short, inequality inevitably arises between groups and households. It is not that some are full, others are hungry, because the mechanism of reciprocal exchange functions reliably in the community, which plays the role of insurance.

There are always several higher prestigious positions in the community (elder, members of the council), the possession of which not only increases the rank and status, the applicants who solicit them, mainly from the heads of family groups, must either acquire considerable prestige in approximately the same way as it was done in local groups, i.e. through generous distributions of surplus food. But if in a local group the applicant gave away what he himself had obtained, now the head of the group could distribute what was obtained by the labor of the entire group, whose property he had the right to dispose of. (Vasiliev L.S.)

Thus, Vasiliev highlights the fact that the elder had the right to dispose of the resources of the community at his own discretion, and this, in turn, speaks of the great authority of the elder. Vasiliev puts the elder above the other inhabitants of the community, and this is already an indicator of the manifestation of power.

Speaking about the social structure, power and management in a primitive society, it is necessary to keep in mind mainly the period of a mature primitive society, because during the period of disintegration, the primitive communal system and its inherent power and management undergo certain changes.

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

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

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

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

Clans, phratries, tribes, tribal unions, being various forms of public association of primitive people, at the same time differed little from each other. Each of them is only a larger, and therefore more complex form compared to the previous one. But they were all the same type of associations of people, based on blood or supposed relationship.

Now let's see how Marx K. and Engels F. imagined power and control in the period of a mature primitive society .

Power as the ability and ability to exert a certain influence on the activities and behavior of people using any means (authority, will, coercion, violence, etc.) is inherent in any society. It arises with him and is his indispensable attribute. Power gives society organization, manageability and order. Public power is public power, although public power often means only state power, which is not entirely correct. Management is closely connected with public power, which is a way of exercising power, putting it into practice. To govern means to manage, manage someone or something.

The public power of primitive society, which, in contrast to state power, is often called potestary (from the Latin “potestas” - power, power), has the following features. Firstly, she was not cut off from society and did not stand above it. It was carried out either by the society itself, or by persons chosen by it, who did not have any privileges and could at any moment be recalled and replaced by others. This government did not have any special administrative apparatus, any special category of managers that exists in any state. Secondly, the public power of primitive society relied, as a rule, on public opinion and the authority of those who exercised it. Coercion, if it took place, came from the whole society - clan, tribe, etc. - and any special coercive bodies in the form of an army, police, courts, etc., which again exist in any state , was not here either.

In the tribal community as the primary form of association of people, power, and with it management, looked as follows. The main body of both power and administration was, as is commonly believed, the tribal assembly, which consisted of all adult members of the clan. It solved all the most important questions of the life of the tribal community. To solve current, everyday issues, it chose an elder or leader. The elder or leader was elected from among the most authoritative and respected members of the clan. He did not have any privileges compared to other members of the family. Like everyone else, he took part in production activities and, like everyone else, received his share. His power rested solely on his authority and respect for him from other members of the family. At the same time, he could at any time be removed from his post by the tribal assembly and replaced by another. In addition to the elder or leader, the tribal assembly elected a military leader (commander) for the period of military campaigns and some other "officials" - priests, shamans, sorcerers, etc., who also did not have any privileges.

In the tribe, the organization of power and administration was approximately the same as in the tribal community. The main body of power and control here, as a rule, was the council of elders (leaders), although along with it there could also be a people's assembly (tribal assembly). The council of elders included elders, leaders, military leaders and other representatives of the clans that make up the tribe. The Council of Elders decided all the main issues of the life of the tribe with the broad participation of the people. To resolve current issues, as well as during military campaigns, the leader of the tribe was elected, whose position practically did not differ from that of the elder or leader of the clan. Like the elder, the leader of the tribe did not have any privileges and was considered only the first among equals.

The organization of power and administration in the phratries and tribal unions was similar. Just as in clans and tribes, there are people's assemblies, councils of elders, councils of leaders, military leaders and other bodies that are the personification of the so-called primitive democracy. No special apparatus of control or coercion, as well as power cut off from society, yet exists here. All this begins to appear only with the disintegration of the primitive communal system.

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

Below we see an interesting form of description of the power features of the tribal community. Unfortunately, the author is not listed.

The features of the power of the tribal community are as follows:

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

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

3. There was no special apparatus of management and coercion (power functions were performed as an honorary duty, elders and leaders were not exempted from productive labor, but simultaneously performed both managerial and production functions - therefore, power structures were not separated from society);

4. Neither the social nor the economic situation of the applicant influenced the occupation of any positions (leader, elder), their power was based solely on personal qualities: authority, wisdom, courage, experience, respect for fellow tribesmen;

5. The performance of managerial functions did not give any privileges;

6. Social regulation was carried out with the help of special means, the so-called. mononorm. [ 6, With. 32-70]

Chapter 3 Normative regulation in primitive society

Social norms were mainly customs - historically established rules of behavior that became a habit as a result of repeated use over a long time and became a natural need of people. Customs were a natural product of the most primitive communal system, the result and a necessary condition for its life. Customs arose in connection with the social need to cover by general rules the daily recurring acts of production, distribution and exchange of products, to create such an order in which the individual would be subject to the general conditions of production. In my opinion, it should be noted that some, and, moreover, very important customs of primitive society, could neither be discovered, nor invented, nor even generated by the repetition of known processes. The equality of all members of society, including women, which seems to be such an achievement now, followed from the existing relations of the primitive communal system, as a natural-historical result of the addition of individuals into the original forms of the collective. Equality existed because there was no ground for inequality, and the latter was not recognized as something possible, which did not exclude the authority and recognition of special qualities, the promotion of some outstanding individuals. The same can be said about the custom of common landed property.

Common ownership of land and tools, equality of members of society and blood ties that underlie clans and tribes, i.e. that whole public structure, which came to replace the horde, together constitutes the real basis for the whole mass of customs, despite their diversity. The possibility of fixing customs, instilled, imposed on a person due to the mutual dependence of individuals between whom labor is divided, gave rise to labor processes, forming a language with its ability to communicate, abstractions.

Many customs were at the same time the norms of primitive morality and religion, were associated with the administration of rooted rites and rituals. For example, the natural division of functions in the labor process and even the simplest division of duties between a man and a woman, an adult and a child are considered both as a custom, as a norm of morality, and as a dictate of religion.

All significant events in a person's life are also arranged with solemn rites and ceremonies, predominantly of a religious nature. The attitude of the ancients to religion and morality was different than at the time of class inequality. While Christianity connects human behavior with rewards in the other world and thereby tries on people with the social system that it protects, the religion of the ancients, for example, the mythology of the Greeks and Romans, directly and directly linked the conditions of earthly well-being (crop, livestock, etc.) e.) with the power and benevolence of a given god or a host of gods. Therefore, the ritual ceremony preceding the start of field work was not just a religious act, but also a production one. Direct benefits were expected from him, and therefore the neglect of the details of the rite was considered as a public disaster.

Of great importance were numerous prohibitions (taboos), which were a means of protecting the custom. First discovered among the Polynesians. Taboo was then opened among all peoples at a certain stage of development. Arose at the very dawn of history, taboo played a huge role in strengthening exogamous orders, in the social regulation of the sexual regime in general. Thanks to the taboo, primitive society managed to achieve discipline that ensured the extraction and reproduction of vital goods. Taboo protected hunting grounds, nesting places for birds and rookeries of animals from excessive, unreasonable destruction, it provided this form of division of labor and these conditions for the existence of people in a team. “The taboo system regulated, to one degree or another, almost all aspects of the life of primitive man, both personal and social. “The taboo-guarded regulation was basically rational. “The motivation of such taboos by religious ideology is clear and coincides in its content with the basic regulations of law and morality, but is dressed in the form of a religious prohibition. “A primitive man was very afraid of breaking the taboo, because, according to his ideas, beliefs, the punishment of spirits would follow.” "That. taboo is nothing more than a religious form, clothed with a real content, a special kind of sanction; following a deviation from the dominant ideology in society”. By itself, a taboo does not create a custom or morality, but it reinforces the custom with extraordinary force, protects it. [ 9, 68-75]

At the end of the 70s, the concepts of primitive mononorm and mononormatics were proposed to domestic ethnology. The mononorm was understood as an undifferentiated, syncretic rule of behavior that cannot be attributed to either the field of law, or the field of morality with its religious awareness, or the field of etiquette, since it combines the features of any behavioral norm.

The concept of the primitive mononorm has received significant recognition and further development in domestic ethnology, archeology, and most importantly, in theoretical jurisprudence. Scientists began to distinguish two stages in the evolution of primitive mononormatics: classical and related to the time of its stratification.

A special opinion on the first stage of mononormatics was expressed by the largest domestic historian of primitiveness Yu.I. Semenov. At the beginning of this stage, he singled out taboo - a set of not always clear, but formidable prescriptions that punish with death for such grave crimes as, for example, incest, violation of exogamy. As you know, violation of exogamy is one of the manifestations of sexual taboos, which are devoted to impressive literature. (Dumanov, Pershitz)

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

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

1. Natural-natural ( like the organization of power) character, historically determined process of formation.

2. Action based on the mechanism of custom.

3. Syncretism, indivisibility of the norms of primitive morality, religious, ritual and other norms. ( Hence their name - "mononorms", which was introduced by the Russian ethnographer A.I. Pershits.)

4. The prescriptions of the mononorms were not of a grant-binding nature: their requirements were not regarded as a right or an obligation, because they were an expression of the socially necessary, natural conditions of human life. F. Engels wrote about this: “Within the tribal system, there is still no difference between rights and duties; for the Indian there is no question whether participation in public affairs, blood feud or paying a ransom for it is a right or a duty; such a question would seem to him as absurd as the question whether eating, sleeping, hunting is a right or a duty? ( "The Origin of the Family, Private Property and the State", 1884). A clan member simply did not separate himself and his interests from the clan organization and its interests.

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

6. Distribution only for this generic group ( violation of custom - "related matter").

7. Normative and regulatory significance of myths, sagas, epics, legends and other forms of artistic public consciousness.

8. Specific sanctions - condemnation of the offender's behavior by the tribal team ( "public censure"), ostracism ( expulsion from the tribal community, as a result of which a person found himself “without a clan and tribe”, which was practically tantamount to death). Bodily harm and the death penalty were also used.

Law, like the state, arises as a result of the natural-historical development of society, as a result of the processes taking place in the social organism. At the same time, there are various theoretical versions of the origin of law. One of them is set out in great detail in the theory of Marxism. An approximate scheme is as follows: social division of labor and the growth of productive forces - surplus product - private property - antagonistic classes - the state and law as instruments of class domination. Thus, in this model, the political reasons for the emergence of law are brought to the fore.

Modern authors in explaining the genesis of law use the concept of the Neolithic revolution ( from the word "neolith" - a new stone age), which occurs approximately in the VIII-III centuries. BC e. and consists in the transition from an appropriating economy to a producing one. There is a need to regulate the production, distribution and exchange of goods, to harmonize the interests of different social strata, class contradictions, that is, to establish a general order corresponding to the needs of the producing economy.

The formation of law is manifested:

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

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

c) in the appearance of special organs ( state), responsible for the existence of fair universal rules, their formalization in clear and available forms, ensuring their implementation.

In the sanctioning of customs and the creation of judicial precedents, the judicial activity of the priests played an important role, supreme rulers and the persons they appoint.

Thus, a fundamentally new regulatory system arises ( right), which is distinguished by the content of the rules, ways of influencing people's behavior, forms of expression, mechanisms for ensuring .

Conclusion

As noted in previous chapters, society moves from one stage of development to another. The emergence of the state and law is one of the laws of history. As was traced in this course work, power in primitive society gradually developed, as did social norms that went their evolutionary path from customs and taboos to the first rudiments of law. And in the end it led to the creation of the state. After all, as noted above, the process of creating a state is one of the most important laws of history, one of the last rounds of activity human mind. At some stage in the development of primitive society, people realized that if their activities, social norms and power are not transformed, then the road to life, the road to the future is closed. And from that moment begins the transformation of social norms into law, and the transformation of power into the state.

In conclusion, we can say that the topic given to me has not been fully studied and remains relevant to this day, because there are many different opinions on this issue that has not yet been fully clarified. The study of the problems of the emergence of the state and law is the most important area of ​​science, because without understanding what was before us, we will not be able to fully understand what kind of world we now live in, and even more so, what the world will be like after us.

Bibliography

1. Vengerov A.B. Theory of Government and Rights. Omega-L.2004.
2. K. Marx and F. Engels. Op. T.22.
3. . Show B.C. Ethnagraphic recession. Belarus. Krasha i people1 Mn., 1996
4. Ancient civilizations / S.S. Averintsev, V.P. Alekseev, V.A. Ardzinba and others; Ed. G.M.Bongard-Levin. M., 1989; Lamberg-Karlovsky K., Sab-lov J. Ancient civilizations. Near East and Mesoamerica / Per. from English. A.A. Ponomarenko and I.S. Klochkova. M., 1992; Berman G.J. Western tradition of law: the era of formation / Per. from English. M., 1994; Toynbee A.J. Comprehension of history / Per. from English. M., 1996
5. A.F. Vishnevsky, N.A. Gorbatok, V.A. Kuchinsky. General theory of state and law. Minsk. "Tesey" 1999.
6. Vasiliev L.S. History of the East // Reader on the history of the state and law of foreign countries. T.2. Krasnoyarsk, 2002.
7. Dumanov Kh.M., Pershits A.I. Mononormatics and initial law // State and Law, 2000, No. 1. With. 98-103
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9. I. L. Andreev. The origin of man and society. Thought 1988.

1. V. P. Alekseev A. I. Pershits. History of primitive society. graduate School 1990

VOLGOGRAD ACADEMY OF PUBLIC SERVICE

INSTITUTE FOR RETRAINING AND PROFESSIONAL DEVELOPMENT

COURSE WORK

on the topic: POWER AND SOCIAL RULES

IN PRIMARY SOCIETIES

3rd year student

Groups

Branches of jurisprudence

Shevilova D.Yu.

Head: Kanev F.F.

Department: Constitutional and administrative law.

Volgograd, 1997

1. Theoretical problems of the formation of human society.

2. Formation of primitive society.

2.1 The origin of man. A herd of prehumans.

2.2 The emergence of human society. The beginning of sociogenesis.

3. The era of the primitive community.

3.1 Completion of anthropogenesis. The emergence of a communal-tribal system.

3.2 Early tribal community.

3.3 Postnatal community.

4. Decomposition of primitive society.

5. Conclusion.

Bibliography.

1. Theoretical problems of the formation of human society.

The dawn of human history is the time of the emergence of human society. The problem of sociogenesis is one of the most difficult. To solve it means to show how the transition from the biological form of the movement of matter to a qualitatively different one - the social one - took place. This requires the involvement of data from both biological and social sciences. In this work, an attempt is made, based on the materials of ethology, primatology, genetics, general theory evolution, paleontology, on the one hand, archeology, ethnography, folklore, on the other, to provide a solution to this problem.

It is difficult to restore the history of the formation of the physical type of man, although science has at its disposal a significant number of remnants of emerging people. However, the most difficult task is to reconstruct the process of formation of human society, i.e. formation of public relations. Nothing remains of these relations themselves, because they do not represent something material, they do not have a physical existence. In conditions when there is little data, and all of them are indirect, general theoretical provisions are of paramount importance, guided by which one can draw up a more or less concrete picture of the formation of social relations.

The most important is to reveal the nature of the emergence of society, social relations and their relationship to the biological. Without going into discussions about the difference between human relations and relations in the animal world, it should be recognized that what we call social is supra-biological matter, inherent only to man. It is quite clear that these differences are based not in human biology in general, but in something other than biological. Many researchers see this foundation in culture, the inheritance of knowledge, the existence of language, human anatomy, the soul, and so on. However, with a deep analysis, it becomes clear that the basis of social relations, specific norms of human behavior, are industrial and economic relations, which are based on productive forces.

The system of these relations is social matter. It is she who is the main source of the main motives of human activity.

Social incentives and motives, as a rule, dominate over biological ones. The satisfaction of biological needs is always controlled by society. It takes place within certain limits, in compliance with certain norms and rules.

The difference between human society and associations of animals is so great that there can be no talk of an instantaneous transformation of an association of animals into a society. Inevitably, there had to be a period of transformation of the association of animals into human society, i.e. the formation of man (anthropogenesis) and the formation of society (sociogenesis). During the period of anthroposociognosis, human society simultaneously exists, because it is already emerging, and does not exist, because it has not yet arisen.

The emerging social organisms were emerging primitive communities. Therefore, they can rightfully be called also fore-communities. The beginning of the formation of socio-economic relations was the emergence of new behavioral factors social in nature. It was a process of pushing into the background the previously undividedly dominant biological factors of behavior - instincts. The creation of human society was a process of curbing zoological individualism, culminating in the establishment of human collectivism.

Such an understanding of the formation of human society is not the only one in science. Many scientists see social institutions human society direct inheritance of animal instincts. In particular, such as herding, dominance, etc. With all the external similarity of many phenomena in the animal world and human society (collectivism, power, norms of behavior), it is not entirely correct to identify them with biological phenomena. And the basis of the distinction between social and biological should be based on the external signs of phenomena, and their inner essence. A deep study of the behavior of animals (including higher primates) showed that the relationship between animals is based on zoological individualism. These relationships can be the warmest as long as the food and sexual instincts are not affected. One of the leading scientists in the study of chimpanzee behavior, J. Lawick-Goodall, concludes: “it is wrong to draw direct parallels between the behavior of monkeys and human behavior, since there is always an element of moral assessment and moral obligations in human actions.” Undoubtedly, the presence in animals of a guardian instinct (care for offspring), which is altruistic. This instinct is absolutely necessary, and is natural in the process of evolution, just as the emergence of the social in the pra-society was dictated not by someone's will, but by the evolutionary course of development.

It was precisely the dominance of zoological individualism that at a certain stage in the development of the herd of prehumans became an obstacle to the further development of production activity. And qualitatively new, social relations arose initially as a means of curbing zoological individualism. Therefore, it is erroneous to consider social ties as a further development of biological ones. At the same time, the contradiction between the biological and the social cannot be considered in absolute terms. The guardian instinct, collectivism, various acts of mutual assistance, not only did not disappear, but received social incentives.

The struggle of the social and biological throughout

period of formation of society was stubborn. The curbed, but not yet fully curbed, zoological individualism represented a formidable danger for the pre-society and pre-humans. Breakthroughs of zoological individualism meant the liberation of certain members of the ancestral community from social control, the transformation of individualistic instincts into

the only incentives for their behavior. Where it acquired a mass character, there was a destruction of social relations and the disappearance of social incentives for behavior. All this could lead and led

to the disintegration of the ancestral community and the death of its members.

Limiting the manifestation of biological instincts was an objective need for the development of the pra-society, which inevitably had to find its expression in the emerging will of the pra-community (pra-morality), and through it in the will of each pra-human. Necessity was, therefore, the emergence of norms of behavior that limit the manifestation of biological instincts. These norms inevitably had to be negative, that is, they were prohibitions. Ethnographic data allow us to get an idea of ​​the nature of these primitive prohibitions. They acted in the form of a taboo. It is highly probable that in general all the first norms of behavior, including those that had a positive content, were in the form of a taboo.

The formation of human society necessarily implied curbing, introducing into certain limits such important individualistic needs as food and sex.

This was necessary due to the fact that the emerging production (labor) activity required not only biological qualities from the individuals of the fore-community, but also intellectual ones. As a result of natural selection, those communities of protohumans progressed, in which there were stronger and more developed social ties.

2. Formation of primitive society.

2.3 The origin of man. A herd of prehumans.

It is impossible to understand how the process of the formation of human society began and what were the first associations of emerging people (primal people) without revealing the nature of the zoological associations that immediately preceded them. The very first fore-communities arose from the associations of the late pre-humans - the habilis; they in turn were preceded by associations of early prehumans. Both early and late prehumans were very peculiar animals. There are no creatures like them on Earth today.

But more or less distant ancestors of early prehumans were large anthropoids of the Miocene (22-5 million years ago). These were ordinary animals, in principle no different from modern monkeys. Accordingly, their associations could not differ significantly from the communities of modern primates.

Subsequently, some large Miocene anthropoids moved from a semi-arboreal and semi-terrestrial way of life to a purely terrestrial one. Life on earth was fraught with many dangers. Further, the development of large anthropoids developed in two directions. One along the line of gigantism (fossil giant dryopithecus, gigantopithecus, modern - gorillas). Another direction is the systematic use by anthropoids of natural objects as tools. The result of this was the appearance of early prehumans - creatures that lived on the earth, walked on their hind limbs and used natural objects as tools.

Such a transformation and change in the habitat contributed to the transition from plant food to animal food, and consequently to the strengthening of the role of hunting.

Australopithecus are the first creatures known to walk on their hind legs. According to archeology, Australopithecus could hunt fairly large animals. At the same time, they had neither fangs nor claws. The conclusion follows from this: they used natural objects as tools.

The form of association of early prehumans, as in other animals, primarily depended directly on the habitat. All data from studies of higher primates show that the more open the habitat, the more strong, cohesive and stable association of animals (chimpanzees, baboons). These data give reason to believe that prehumans have the same organization.

The condition for the existence of any stable zoological association is the systematic harmonization

clashing aspirations of all the animals that make up it. And it is carried out by dominance. Being a system of constant suppression of the desire of weaker animals to satisfy more

strong individuals, dominance is not the curbing of zoological individualism, as some believe, but its most striking expression. Domination is the only means of coordinating the clashing aspirations of the members of an association, the only means of preventing constant conflicts between them and thereby ensuring comparative order and peace within the association. However, this order and this world is always relative. As a means of preventing conflicts, the system of dominance at the same time necessarily generates them.

An interesting reconstruction of the relationship between the sexes. In this case, an indicative example is the direct influence of biological changes on the future formation of norms and morals in the field of marriage and the family.

The physiology of reproduction of monkeys differs from the physiology of reproduction of humans. Female monkeys have a monthly period of 3 to 10 days called estrus, a state of sexual arousal. In connection with the transition to upright posture, and a significant restructuring of the body, among the females of early prehumans, mortality increased significantly due to complications during pregnancy. Such a disproportion caused numerous conflicts between males, and were often bloody in nature. After all, they mastered the art of killing large animals with stones and clubs made of wood and bone. Conflicts shattered the herd. As a result, the development of some communities of prehumans went along the lines of the formation of harem groups. In such a group, there was one male and several females with cubs, whom he protected. The development of these males followed the path of increasing physical strength and size (massive Australopithecus, or Paranthropus). The physical strength of the head of such a group could not replace the combined strength of the physically weaker adult males of the general herd. The disintegration of the common herd into harem groups inevitably led to a dead end.

The development of that part of the early prehumans, which gave rise to the later prehumans, and thus humans, took a different path. The action of natural selection in prehumans proceeded precisely along the line of lengthening of the estrous period. As the estrous period lengthened, he gradually lost all his features, except for one - the ability to mate at this time. And when, finally, this period coincided with the time from one menstruation to the next, it ceased to be estrous. The fact that the physiology of reproduction of prehumans evolved in this direction can be judged by the final result. Many researchers consider the disappearance of estrus as an important moment in the development from animal to human.

Of great importance among prehumans was the transition from proto-gun to industrial activity. Systematically operating with stone tools, prehumans had to face cases of damage to stones, as a result of which the latter acquired more perfect qualities.

So gradually there was a transition to the manufacture of tools. Thus, the proto-tool activity was replaced by a genuine tool activity, which included two components: 1) activity for the manufacture of tools - tool-creative and 2) activity for the appropriation of natural objects with the help of these manufactured tools - tool-appropriating or tool-adaptive. With the emergence of industrial activity early

nie prehumans turned into late prehumans. The latter were creatures that came close to the threshold separating animals from man. It was the late pre-humans, and not people, that were the creatures that received the name of the habilis.

The question of the nature of association among later prehumans is extremely complicated. Many researchers associate this period with the emergence of a paired family. Explaining this by the initial division of labor by gender (males are hunters, females are gatherers), and the emergence of a circulation of meat and plant foods between males and females. However, even among modern lower hunter-gatherers, family relationships are always sacrificed for social ones, especially in the distribution of food.

Moreover, a paired family could not survive in those conditions. The improvement of production activities could only have been within the framework of a relatively large and stable association that ensures the transfer of experience from generation to generation. The fact that the later prehumans lived in precisely such associations is evidenced by archeological data.

Of particular interest is the distribution of food (mainly meat) in the communities of both early and late Prehumans. Relations of dominance were bound to manifest themselves in the distribution of meat. This does not mean at all that the meat was obtained exclusively by the dominant animals. In any case, the cubs received it. If the prey was large, then access to it was possible for almost all members of the herd. When the meat was brought to the camp, then some of it went to the female mothers. However, there is no need to talk about any division of meat among the members of the herd in the sense in which this word is applied to human society.

Thus, the association of late prehumans outwardly differed little in its features from the herds of early prehumans. And at the same time, it was its development that prepared the emergence of a qualitatively new phenomenon - the emerging human society.

2.4 The emergence of human society. The beginning of sociogenesis.

The main factor of biological evolution is natural selection. It can be both individual and group, that is, gregarious. Gregarian selection takes place to one degree or another wherever there are associations of animals, and includes two closely related, but different phenomena. In the first sense, it means a collection of individuals with certain features that may not give a particular individual any advantages, but are useful for the entire association. The second phenomenon is the selection of associations as certain integral units. Associations of bees, ants, termites, etc. can serve as examples of gregar selection.

The early prehumans were dominated by individual selection. Namely, a change in the morphological organization of the individual, which made them more capable of acting with tools. But the time came when the further development of morphological organization could not ensure progress. The only way to improve by adapting to the environment with the help of tools was the improvement of the tools used, i.e. tool making. As a result, the activity was divided into tool-creative and tool-adaptive. The pro-gun activity was replaced by the gun activity, i.e. production.

The development of production activity was an objective biological necessity. And at the same time, it could not develop in the same way as the proto-gun, because, taken by itself, it was biologically useless. Thus, individuals who, according to their morphological and other data, were more capable of productive activity, did not have any biological advantages compared to those who did not possess such features.

A greater adaptability to production activities compared to other members of the group was not such a quality that

could give the prehuman a high status in the dominance system. There are good reasons to believe that the presence of qualities in an individual,

contributing to the success of industrial activity, made it less likely that he had such features that would ensure him a high rank in the hierarchy. As a result, individuals more capable of making tools than others had not only more, but, on the contrary, less chance of obtaining a high status, and thereby surviving and leaving offspring, than individuals less able to do so.

Thus, the existing relations impeded the development of production, and the development of the fore-community. The objective production requirement was the elimination of dominance, or rather its replacement with such relations that did not undermine the cohesion of the fore-community, and at the same time gave equal access to meat to all members of the community. The realization of this problem was possible only under the condition of going beyond the limits of the biological form of the motion of matter. The new relationships were to become supra-biological, super-organic, i.e. social.

In this situation, the gregar-individual selection showed itself. But he did not act along the path of formation of a superorganism (as in bees), since this is impossible in an environment of highly organized animals. The primitive herd evolved the more successfully, the more individual individuals could realize their production inclinations without experiencing food restrictions from the dominant individuals.

In the presence of the rudiments of consciousness and will, which were necessary and developed in connection with production activities, a group need arose for social, public relations.

This need of the pra-society determined its will, its emerging morality (pra-morality). Satisfaction of this social need was impossible without limiting the biological needs of the members of the pra-society. Therefore, the first and in the beginning the only

The demand of the will of the pra-society - its pra-morals, addressed to each of its members, was: not to prevent access of any of the other members of the pra-society to meat. It was a demand of all members of the pra-society, taken together, to each of its members, taken separately. It was the first rule, the first norm of human behavior. But this obligation of all members of the pra-society inevitably turned into a right for them, and

precisely the right of each of them to receive a share of the meat produced in the collective.

Both this obligation and this right, the norm itself, from which they were inseparable, were nothing but both a product and a reflection of the material relations of the ownership of meat by the pre-society.

Property is a phenomenon qualitatively different from biological and any other consumption. Production, socio-economic relations are always, first of all, property relations, in this case, public or collective. In a pre-class society, strong-willed

property relations are governed by morality and act as moral. In this case, we are dealing with emerging volitional property relations. They were regulated by the emerging will of the pra-community - the pra-morality. In the emerging volitional property relations, the emerging material property relations were embodied.

The existence of the will of society presupposes the existence of the will of each of its members. In order for a pra-society to regulate the behavior of its members, each of them must have the ability to control their actions. Understanding the essence of the relationship between public and individual will presupposes an answer to the question of what exactly makes an individual obey the requirements of the public will, the norms of behavior. Explain this only by the threat of punishment from the pra-society

As already noted, there are good reasons to believe that the original prohibitions were in the form of a taboo. If this is so, then the study of the characteristics of taboos can shed light on the path of formation of the first norm of behavior, and thus on the process of formation of the initial production relations.

Enormous material on taboos is provided by ethnography. The term "taboo" is primarily used to denote a special kind of prohibition to perform certain actions and these forbidden actions themselves. Initially, taboos were only prohibitions. Not all taboo prohibitions regulated the relations of people in society, that is, they were norms of behavior. But it was in the taboo-norms of behavior, that is, in the moral, or moral, taboos, that all the features of the taboo-prohibitions manifested themselves most clearly. They were the original, original form of taboo. In the following, we will focus exclusively on them.

If every behavioral taboo is a ban, then not every norm of behavior consisting in the prohibition of certain actions is a taboo. Taboo is a special kind of prohibition. It inevitably includes three main

component.

The first component is the deep conviction of people belonging to a certain collective that the commission of certain actions by any of its members will inevitably bring not only to this individual, but to the entire collective, some kind of terrible danger, perhaps even lead to the death of all of them. They only know that as long as people refrain from doing this kind of action, this danger remains hidden.

The second component is the feeling of fear: a feeling of horror before the unknown danger that certain actions bring, and thus fear of these dangerous actions.

The third component is the ban itself, the norm. The presence of the prohibition suggests that neither faith in the danger brought on by these acts of human behavior, nor the horror of it was enough to prevent people from committing dangerous acts. It follows that these actions were somehow attractive to people, that there were some powerful enough

forces that pushed a person to commit them. And since these actions of one or another member of society were dangerous not only for himself, but also for

human collective as a whole, the latter had to take measures to force all its members to refrain from them, punishing those who did not take this requirement into account. Dangerous actions became

forbidden.

Thus, taboos were a norm of behavior, as if imposed on society from the outside by some extraneous force, with which it was impossible

not be considered. This feature of the taboo has long been noticed by some researchers. It was precisely this character that the first norms of behavior should have had, which arose as a means of neutralizing the danger that zoological individualism posed for the emerging society.

A rather long period of formation of the first norms fell on the era of the archanthropes, who were higher in development than the previous habilises. The assertion of communal ownership of meat soon passed into the full ownership of the collective for plant foods, and then for the means of production. The division of labor according to gender and age was finally established.

Gregarno-individual selection gave way to the primal-communal-individual, which was characterized by a social character. The epoch of the archanthropes is notable for its very unstable ancestral communities, which often broke up, merged, and so on. This, in turn, contributed to the rapid selection of socially stable groups of emerging people, as well as morphological progress, in particular, the development of the brain in archanthropes, thinking and language.

Also during this period there was a displacement of biological relations from many spheres of human relations, and their replacement by social ones. The influence of public will, pramorals, expanded through the emergence of new social norms.

One of the most important non-productive areas of activity is the area of ​​relations between the sexes. With the collapse of the dominance system, and the disappearance of estrus in females, the relationship between the sexes became more flexible. This, in turn, gave rise to a number of conflicts among males, which is confirmed by paleoanthropological data. Relationships between the sexes were of a promiscuous nature.

However, the absence of positive norms did not lead to a crisis in the fore-community. As F. Engels writes: “... there were no restrictions subsequently established by custom. But this by no means implies the inevitability of complete disorder in the daily practice of these relations.

3. The era of the primitive community.

3.4 Completion of anthropogenesis. The emergence of a communal-tribal system.

The evolution of archontrops ended with the emergence of paleontrops. The transformation of early paleontropes into later ones was associated with the transition from one stage of the evolution of the stone industry to another, which, in general, is undoubtedly higher. But the change of early paleontropes by later ones was accompanied not only by progress in the development of production and economic activity in general. It was marked by a sharp turning point in the formation of social relations.

As evidenced by the data of paleoanthropology and archeology, in the proto-community of the early paleontrops, murder was quite widespread, and there may be cannibalism. The remains of late paleontrops have been found much more than the early ones. However, signs of violent death are found much less frequently.

Numerous finds of paleontrops indicate that disabled, sick, and crippled individuals could live in the community. They were under the protection of the team: they were cared for and looked after.

Communalistic relations began, if not completely, then to a large extent, to determine all other relations in the community.

The facts of burials at late paleontrops are interesting. Some scientists see the reason in the appearance of belief about souls of the dead. However, there is a more convincing explanation. Considering that all burials are located in close proximity to the dwelling, it can be assumed that in that era, compliance with the dead norms that guided the living in their relations with each other was an urgent need. Failure to do so was a dangerous precedent. In conditions when the formation of human society has not yet been completed, he could open the way for the refusal to comply with these norms in relation to the living members of the collective.

During the Paleolithic period, the first rudiments of religion and culture were formed. The development of the fore-community led to the realization of its unity. The result of this was the emergence of totemism. In totemism, the unity of all people of a given association is expressed in a visual form (in the form of identity with individuals of one particular type of animal), and at the same time their difference from members of all other human groups.

The factors of totemism, religion, culture were the result of the socialization of the fore-community, and were directly related to the norms of behavior.

As a result of evolution, by the end of the Paleolithic, very strong, close-knit teams were formed, with a high stone industry. These were closed groups of people who forever belonged to one ancestral community (totem). This self-closure led to the emergence of inbreeding (inbreeding). The morphological organization of paleontrops has lost its evolutionary plasticity and acquired a conservative character.

An example of such evolutionary stagnation is the Neanderthals. Their development stopped at a certain level, or regressed, sapiens (human) signs were lost.

The emergence of modern man is one of the most mysterious phenomena of anthropology. According to archaeological data, the transformation of a Neanderthal into a neoanthrope (modern man) occurred almost instantly within 4-5 thousand years. There are countless theories about this. But it is indisputable that the development of the neoanthrope required the destruction of the isolation of the Neanderthal communities. Modern scientists attach great importance to the emergence of such a phenomenon as exogamy (the requirement to have sexual relations outside one's group). There are many theories on the origin of exogamy, none of which is generally accepted.

One of the most convincing arguments in favor of the origin of exogamy is the assumption that the ancient people tried to streamline their sexual life, curb the sexual instinct, the disorderly manifestation of which undermined the economic life of the community. Exogamy implies not only the withdrawal of marriage relations outside the community, but also the absolute prohibition of sexual relations between members of the team, that is, agamy.

Complete agamia could not arise immediately, instantly. It is logical to assume that it was preceded by partial temporary agamia. Based on the data of ethnography and folklore, all peoples have or have had sexual prohibitions. Basically, these are sexual production or sexual hunting prohibitions, usually in the form of a taboo.

Thus, norms arose that limited sexual intercourse during periods of responsibility for the community. The life of the community began to consist of alternating periods of sexual taboos and promiscuity holidays.

Partial displacement by social relations of sexual, biological from the life of the collective was an important step in the process of the formation of society.

The restriction of the sexual instinct contributed to the so-called "orgiastic attacks." This phenomenon is well studied by ethnography, and is an attack on representatives of another group in order to satisfy the sexual instinct. However, the removal of sexual life outside the collective, strengthening it, should have led to more frequent conflicts with other collectives. Therefore, the simplest natural way to eliminate the created contradictions led to the gradual emergence of a dual organization - a combination of only two exogamous groups into one permanent mutual union, the embryo of an endogamous tribe.

The emergence of a dual-proto-communal organization made it possible to complete the formation of man and society. Each of the forecommunities was, from the point of view of biology, an inbred line. Accordingly, the setting up of sexual relations between their members was nothing more than intraspecific hybridization. As is known, one of the consequences of hybridization is

heterosis - a sharp increase in strength, power, viability, and in the case of intraspecific crossing, also the fertility of the offspring compared to the original parental forms. Another more important

In the neck, the consequence of hybridization is the enrichment of the hereditary basis, a sharp increase in the range of variability, and an extraordinary increase in the evolutionary plasticity of the organism. The dual-proto-communal organizations were a kind of "cauldrons" in which the late specialized Neanderthals were rapidly melted into Homo sapiens. Thus, the extraordinary speed with which the process of transformation of Neanderthals into neoanthropes took place receives its natural explanation.

With the emergence of non-anthropes, a tribal community arises. In contrast to the fore-community, it was already formed, "ready-made", in the words of Engels, a human society. In it, the beginnings of primitive collectivism reached the highest development, kinship relations were recognized as economic, and economic - as kindred.

Progressed subjective productive forces - human production skills. For 25 - 30 thousand years, humanity has gone through a significant path of development and settlement, and in the now very vast area of ​​\u200b\u200bits settlement it has created various forms of production activity.

3.5 Early tribal community.

The historical reconstruction of socio-economic relations in the early primitive community, as well as all other aspects of social relations characteristic of it, presents great difficulties. It is possible to judge social relations with any certainty only on the basis of ethnographic data.

Throughout the entire stage of the early primitive community, the level of productive forces was such that, firstly, it was possible to survive only under the condition of close cooperation of labor efforts, and, secondly, even under these conditions, the social product was produced no more or a little more than was necessary. for the physical existence of people. Thus, for the early primitive community, collective property and egalitarian, or evenly providing, distribution became necessary.

Collective property extended to everything that the community owned. However, the beginnings of private ownership appeared, concerning some tools.

Equitable distribution differed from the communal

The fact that takes into account differences in needs by gender and age. Under certain conditions, the highest interests of the collective as a whole were also taken into account. In case of need, under emergency circumstances, able-bodied hunters and fishermen could receive the last piece of food, and their dependents remain hungry. Sometimes in extreme situations, infanticide (killing of children), especially in relation to girls, and geronticide (killing of the elderly) were practiced.

A different situation developed where, already at the stage of the early primitive community, the collective began to receive not only a life-supporting, but also an excess product. In these cases, along with equalizing, or evenly providing, distribution, labor distribution also arose, i.e., obtaining a product in accordance with the labor expended. Along with surplus product and labor distribution, exchange was born.

The exchange arose in an intercommunal form, in which different groups supplied each other with the specific riches of their natural environment, for example, valuable varieties of stone and wood, shells and ocher, amber, etc.

The natural division of labor according to sex and age and the associated

economic specialization left a deep imprint on the entire social life of the early primitive community. On their basis, special gender and age groups were formed (classes, categories, steps, etc.). Everywhere, groups of children, adult men and adult women were distinguished, differing in the duties and rights assigned to them, social

position. In societies with formalized gender and age groups, great importance was attached to the boundary of transition from the category of adolescents to the category of adults. This transition was accompanied by certain tests and solemn secret rites, known as initiations. They have always consisted in familiarizing adolescents - usually of each sex separately - with the economic, social and ideological life of full members of the community.

The question of the presence of a dominant age category among the adult members of the early primitive community is complicated. It is very likely that already at this stage there was a so-called geranthocracy (the power of the elders).

With the emergence of tribal organization and its inherent dual exogamy, marriage arose in primitive society, that is, a special institution

governing relations between the sexes. At the same time, and according to another point of view, a little later, the institution of the family arose, regulating relations both between spouses and between parents and children.

The question of the original form of marriage cannot yet be unambiguously resolved. Whether there was an initial group marriage, or from the very beginning there was an individual marriage and an individual family, has not been sufficiently proved. The various forms of marriage studied and reconstructed by ethnographers suggest a great variety of relationships between men and women.

What are the rules governing marriage? One of them was already known to us tribal exogamy, at first dual-generic, and later dual-phratric, manifested in cross-cousin, or cross-cousin marriage. Men married the daughters of their mothers' brothers, or the daughters of their fathers' sisters. In other societies, several clans, as it were, supplied marriage partners to each other in a ring. There were also customs of "avoidance" (prevention) of sexual relations between people who did not belong to the circle of potential husbands and wives.

In connection with the division of people into different categories in the primitive community, mainly according to gender and age, there is such a phenomenon as the organization of power. Undoubtedly, in the period of the formation of mankind, there were some forms of team management. However, it is not possible to reconstruct any features of pre-primitive power, and it remains to be assumed that it was of the same kind as in the tribal community, i.e. collective.

In the early primitive community, the principle of democracy operated, in which the collective will of relatives or community members was of decisive importance. At the same time, of course, mature, experienced people, very often the older generation of the group, had special authority. The power of the leader served the interests of the entire group and, in essence, was a concrete everyday embodiment of its will.

The community and clan were governed not only on the basis of the free, changing from case to case will of their adult members, the council of elders, leaders.

There were social norms, that is, obligatory, socially protected rules of conduct. These norms - the rules of division of labor, cooperation, distribution, mutual protection, exogamy, etc. - corresponded to the vital interests of the collective and, as a rule, were strictly observed. In addition, being applied from generation to generation, they have acquired the force of habit, that is, they have become customs. Finally, they were fixed ideologically - by religious prescriptions and myths. Yet, as always, there were

violators of accepted norms. This required the use of measures of social influence - not only persuasion, but also coercion. The most important feature of communal-tribal norms was the primacy of the group principle in them. They regulated relations not so much between individuals as between groups - tribesmen and strangers, relatives and in-laws, men and women, older and younger, and in general subordinated the interests of the individual to the interests of the collective.

Describing these norms, we can call them as the beginnings of the law of mononorms, because they did not represent either law or morality in its purest form.

3.3 Postnatal community.

The stage of the late tribal community is characterized by the development of the productive economy of early farmers or pastoralists in some parts of the ecumene, the highly specialized appropriating economy of the so-called higher hunters, fishermen and gatherers in others. Throughout this stage, wherever there were favorable natural conditions, the first form of economy supplanted the second. But the point is not even in their quantitative ratio. The emergence of a productive economy was the greatest achievement of the primitive economy, the foundation of the entire subsequent socio-economic history of mankind, the most important prerequisite for obtaining a regular surplus, and then a surplus product. In the long term, it was this that led to the decomposition of the primitive

and the formation of class societies.

Both the early producing and the highly specialized appropriating economy still required close cooperation of labor efforts. But the productive forces that had increased and continued to grow ensured a much more noticeable production of an excess product, which gradually became regular. And this could not but entail the beginning of the redistribution of property and the expansion of the sphere of labor distribution.

The economic basis of society, as before, was the collective, mainly tribal, ownership of land. Land property could not be alienated. Other means of production and consumer goods created by one's own labor - livestock, tools, utensils, etc. - were undoubtedly personal property and could be alienated. Similar phenomena occurred in the field of food distribution. The egalitarian distribution that remained only in extreme situations covered the entire community, and under normal conditions closed in narrower groups of close relatives by blood and marriage. But even such distribution was gradually supplanted by labor distribution, in which a person who received a good harvest or offspring of livestock, who succeeded in hunting or fishing, kept the product for himself or shared or exchanged it only with those with whom he wanted. The exchange of gifts, which existed both within the community and especially outside it, connecting a significant circle of communities with each other, and was carried out both collectively and individually, became widespread.

The natural division of labor that was preserved in the late primitive community supported the existence of specific sex and age groups with their everyday isolation, their rights and obligations, secret rites, etc. The position of the main sex and age groups continued to be determined by their roles in the division of labor and attitude to tribal property.

At the stage of the late primitive community, the pair marriage continued to dominate. As before, it was easily dissolved at the request of any of the parties and was accompanied by features of group relations. Marriages remained cross-cousin for a long time, but with the expansion of ties between communal tribal groups, cross-cousinness gradually disappeared. The process of marriage became more complicated, wedding rituals began to develop.

The emergence of labor distribution, in which the father was able to financially take care of his children, led, according to some scientists, the emergence, and according to others, the strengthening of the paired family. Despite the continued separation of the sexes, husband and wife increasingly worked together, they began to have common property. Fathers increasingly tried to pass on personal property to their children. In a word, some rudiments of the transformation of a paired family into a later small, or monogamous family were already observed. In general, at the stage of the late primitive community, the pair family and the tribal community were in a state of increasing confrontation.

In societies with an early productive and highly specialized appropriating economy, the communal-clan organization has not undergone fundamental changes, but has become noticeably more complicated. This applies both to the structure of the community and to the nature of tribal ties.

Gradually, the clans were grouped into phratries. The phratries (and if there were none, then directly the clans) united into tribes. The tribe was the supreme owner of the territory, the bearer of a certain cultural community, a circle of endogamous marriages, and, what is especially important, already possessed not only ethno-cultural features, but also social and potestary functions.

The organization of power to a large extent preserved the principles of primitive democracy. All important issues (discussion of major economic events, misdeeds, military conflicts, etc.) were resolved at meetings of community members or relatives under the leadership of their recognized head. Together

at the same time, the development of the communal tribal and tribal system, and in particular the segmental organization, contributed to the beginning of the hierarchization of the collective authorities. New mechanisms for acquiring personal dominance have also emerged. All adults, full-fledged community members or relatives took part in meetings or councils, although more and more often they turned into meetings of only adult men.

Heads of all levels, as a rule, were elected from among the most suitable and worthy. Economic experience, diligence, organizational skills, eloquence, knowledge of customs and rituals, generosity, often also military art or religious knowledge were considered the most important qualities of leaders. In some societies, where the functions of headship remained undivided, the head was required to possess, if not all, then many of these qualities; in others, where the principle of expediency led to the demarcation of the spheres of leadership, the ordinary head, military leader, medicine man or sorcerer had to be of extraordinary ability in his particular field. In the conditions of multi-clan communities, it was important that the head of the community belonged to the most numerous tribal group. This indicated a tendency to consolidate the supremacy for certain clans.

The emergence of excess product and personal wealth led to the fact that the institution of dominance began to experience the impact of property factors as well.

At the stage of the late primitive community, the headship, as a rule, was not yet inherited. But the preconditions for hereditary dominance were already taking shape. The production, social and ideological activity that became more complicated at this stage often required from the leader much better skills and knowledge than other members of the community-clan organization. It was easier to buy them for the one who communicated with the leader most often - for his son, nephew, etc. Under these conditions, he had more chances to become a leader in his turn.

The use of power over the members of the collective by the council or the leader was still not so common. Family and out-of-family mechanisms of socialization continued to reliably ensure compliance by individuals with established orders. The conflicts were not so much intra-group as inter-group. And with the branching of the segmental organization, they naturally became more frequent. As before, in the community-clan norms, the group principle dominated, however, in the new conditions, its understanding depended on the degree of consolidation of the groups involved in the conflict. Economic processes at the stage of the late primitive community and the increased consolidation of closely related groups in relation to other parts of the segmental organization led to a noticeable rethinking of the old norms.

The tribal organization of power, as a rule, strictly subordinated the behavior of the individual to the interests of the collective, while at the same time outlawing everything that was outside the highest level of this organization - the tribe.

4. Decomposition of primitive society.

The immediate prerequisite for the process of disintegration of primitive society and class formation was the growth of a regular surplus product. Only on its basis could a surplus product alienated during the exploitation of a businessman by a person arise. The growth of the regular surplus and the appearance of the surplus product were due to an upsurge in various areas of production. The further development of the manufacturing economy, the emergence of metallurgy and other types of handicraft activities, and the intensification of exchange played a particularly large role here.

With the emergence of a surplus product in the era of class formation, the maturation of the institutions of class society begins, including the most important of them - private property, social classes and the state. Private property was decisive, making possible the existence of all other institutions. The emergence of private property was the result of a two-pronged process due to the rise of late primitive production. First, the growth of labor productivity and its specialization contributed to the individualization of production, which, in turn, made possible the emergence of a surplus product created by one person and appropriated by another. Secondly, the same increased productivity

and the specialization of labor made possible the production of a product specifically for exchange, created the practice of regular alienation of the product. Thus, freely alienable private property arose, which differed from the collective or personal property of the era of the tribal community, primarily in that it opened the way for relations of exploitation.

The complication of social production required the strengthening of the organizational and managerial function, i.e., the function of power. In addition, social and property stratification gave rise to contradictions and conflicts. The privileges and wealth of the upper strata of society needed to be protected from encroachment by slaves, commoners, and the poor. The traditional tribal authorities, imbued with the spirit of primitive democracy, were unsuitable for this. They had to give way to new forms of first potestary and then political organization.

The differentiation of activities and the complication of social and potestary life in the era of class formation led to the fact that now in different spheres of life there were often their own leaders - leaders for peacetime, military leaders, priests, less often judges. Such a division of functions was not mandatory (two or even three of them could be in the hands of one category of leaders), but quite frequent. Nevertheless, even divided power did not become weaker, but stronger, since by its very nature it differed more and more noticeably from primitive power.

The power organization in pre-state societies is denoted by the term chiefdom. A chiefdom is a large formation, as a rule, no less than a tribe, and having several links of subordination (chief, sub-chiefs, elders). For the most part, it was in the chiefdoms that the transformation of the potestary organization into a political or state organization was completed, representing a more or less open class dictatorship. Its most important feature was the emergence of a special public, or public, power that did not coincide directly with the population, separated from it, and had an apparatus of control and coercion to carry out the organizing function of the state.

In the process of the formation of the state, a law inseparable from it was also formed. It was formed by splitting primitive mononorms into law, i.e., a set of norms expressing the will of the ruling class and secured by the power of state coercion, and morality (morality, ethics), i.e., a set of norms provided only by the power of public opinion. Law, including emerging law, is uniform in its content in every society, although in a multi-tribal society it may differ in form in different tribes; morality, even in content, is different in different social strata, and then classes. In the process of dividing society into classes, the ruling elite of society selected the most favorable norms for it and, modifying them in relation to their needs and the spirit of the time, provided them with the coercive power of the state. These were both the norms regulating the economic life of society, and the norms ensuring its integrity, and - which is especially indicative - the norms protecting the property and privileges of the social elite.

Conclusion.

Human society is brought to life by the emergence of labor. The formation of production activity was the basis for the transformation

animals into people, and the zoological association into a genuine social organism. The production activity that originated in the depths of the pre-human herd, developing, inevitably came into conflict with the zoological individualism that dominated it.

The herd of late prehumans turned into an emerging social organism - a pra-society. The development of pra-society was the history of the struggle of the emerging human collectivism with animal individualism. The formation of human society was the genesis of the primitive commune.

The established initial social, production relations began to displace biological ones. The fully social nature of this original, already formed social organism was expressed to the limit clearly. He was a genus, that is, an Agamic association. And this meant that biological connections were completely ousted from him. The genus was an association whose members were connected exclusively by social relations. It was the first form of existence of a ready, formed social organism.

With the emergence of the clan and the dual organization, the emerging people and the emerging society were replaced by ready-made people and a ready-made human society. The history of genuine human society began, the first stage of which was the history of the formed primitive society.

List of used literature:

1. Yu.I. Semenov

At the dawn of human history. Thought 1989.

2. V.P. Alekseev A.I. Pershitz

History of primitive society. High School 1990.

3. I.L. Andreev

The origin of man and society. Thought 1988.

4. F. Engels

The origin of the family, private property and the state.

State publishing house of political literature. 1961.

5. V.N. Dyakov S.I. Kovalev.

Ancient world history. Uchpedgiz. 1961.

6. A. Nikitin.

Above the excavation square. Children's literature. 1982.

7. V.A. Ranov.

Ancient pages of human history. Enlightenment 1988.

8. A. Derevyanenko

Revived Antiquities. Young guard. 1986.

9. A.F. Anisimov.

Stages of development of primitive religion. The science. 1967.

10. I.A. Kryvelev.

History of religions. 1 vol. Thought. 1975.

11. E.A. Novgorodov.

In the country of petroglyphs and edelweiss. Knowledge. 1982.

12. N.A. Dmitriev.

Brief history of arts. Art. 1986.

Problems of the theory of state and law: Textbook. Dmitriev Yuri Albertovich

§ 1.2. Public power and social norms under the tribal system

§ 1.2. Public power and social norms under the tribal system

Common ownership of the products of production and social unity within the tribal community also gave rise to corresponding forms of organizing public power and managing the affairs of the community.

All adult members of the clan, both men and women, participated in the exercise of public power. All important common matters concerning the whole clan were decided by the general meeting.

The assembly elected an elder, military leaders, hunting leaders who managed the daily life of the tribal community. A council of elders, leaders, gathered to solve especially important matters. The power of the elders and leaders was based solely on authority, on the deep respect of the members of the clan for the elders, their experience, wisdom, courage of hunters and warriors. Disputes between members of the community were resolved by those whom they concerned. Coercion was relatively rare. It consisted, as a rule, in the imposition of duties for wrongdoing, the extreme form was expulsion from the community. In the overwhelming majority of cases, it was enough to simply condemn relatives, censure of elders, especially leaders, elders. The clan gave protection to all its members from external enemies both by its military force and by the deeply rooted custom of blood vengeance for the death of a kinsman. All these functions of public power did not "require the existence of a special apparatus of government. They were carried out by the members of the clan themselves. There was also no special apparatus for coercion, for waging wars. The armed force was made up of all men capable of carrying weapons.

All this makes it possible to characterize the social power under the tribal system as a primitive communal democracy that did not know any property, estate, caste or class differences, or state-political forms. According to modern ethnographic terminology, it was potestary rule (Latin potestas - power), but not yet political power.

Customs played a huge role in the tribal community, with the help of which the life of the clan and its members was regulated. In the formation and maintenance of customs, religious, mystical ideas of primitive people were of great importance. They closely intertwined mystification of the forces of nature in the form of formidable, powerful spirits and the cult of the spirit of the ancestors, from which the customs of the clan flowed. The customs contained indisputable prohibitions (taboos) or ritual actions, as well as myths that created role models for heroes, protectors of the clan, faithful guardians of the hearth, traditions and the duty of procreation.

On the basis of genetic ties and pagan cults, the observance of customs became a strong habit, an organic need of each member of the family. The indisputability of the custom was based on the blood connection and community of interests of the members of the tribal community, the equality of their position, the absence of irreconcilable contradictions between them. In the customs of the tribal system there was still no specific difference in traditional, moral, religious and legal norms, as is the case in more developed civilized societies. Customs were syncretic (fused, undivided) character of the original imperatives. In modern historical science and ethnography, the norms of primitive society are called "mononorms", specific to this period of human history.

In the later stages of the existence of the tribal system, the process of branching off of new tribal communities from the original ones began, there was a division of large clans into small clans or large families. Relations between them were preserved in the form of larger formations - brotherhoods (phratries) and tribes. The development of tribal associations coincided with the beginning of the decomposition of the primitive communal system. Nevertheless, tribes and brotherhoods retained the features of a tribal organization for a long time. The tribe, as a rule, had its own territory, its own name, language or dialect of a homogeneous basis with the language of the united tribes, religious and everyday rituals common to the tribe. The organization of tribal power was based on the principles of tribal democracy: the tribal council, which consisted of paramount chiefs(elders) of the clans that make up the tribe, and the military leader of the tribe. All of them were elected by the tribesmen.

The activities of the tribal bodies contributed to the expansion of ties between clans and brotherhoods, the settlement of inter-clan conflicts, and relations with other tribes. The main distributive, marriage-family and other intra-clan relations continued to remain under the jurisdiction of the organs of the tribal community. As the productive forces developed, the center of gravity of power moved to the tribal bodies, the sphere of regulation of affairs by tribal norms gradually expanded.

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