THE APPEARANCE OF PRIVATE PROPERTY
Previously, tribal communities were united and united. All people worked together. The property was also shared. Tools of labor, a large family hut, all land, livestock were communal property. None of the people could arbitrarily alone dispose of communal property. But there was a division of labor, agriculture separated from cattle breeding, a surplus product appeared, and tribal communities began to be divided into families. Each family could independently work and feed themselves. The families demanded that all communal property be divided into parts , between families. It is no coincidence that such a property is called private .
At first, tools, livestock, household items became private property. Instead of one large hut of a whole family, each family began to build a separate dwelling for itself. Housing also became the private property of the family. Later, the land also became private property.
Remember: private property does not belong to the whole team, but only to one owner. Usually such a master was the grandfather, the head of a large family. He was obliged to unquestioningly obey his adult sons, wives of sons and grandchildren living in his hut.
Remember: the owner can dispose of private property as he wants. The owner could donate or borrow his tools. He himself decided how much grain to eat and how much to leave for seeds. The owner determined how many cows, sheep and goats the family would have. And no one had the right to interfere in his affairs.
Remember: the owner passes on private property by inheritance. After the death of the head of the family, his eldest son became the owner. He was the heir who received the right to dispose of the private property of the family.
Remember: private property awakens in people an interest in work. Each family understood that now a good and well-fed life depends only on the hard work of family members. Later, the land also became private property. If a family labored sparingly in their field, the entire harvest belonged to them. He fell into the storerooms of families to the last grain. Therefore, people strove to cultivate arable land better, to take better care of livestock.
It is sometimes said that private property arises from human greed, that people are even born with a desire to appropriate something. It is claimed that private property has always been by the will of God. Of course, this is not true. Remember: private property arose only when the economy began to develop rapidly and when stocks of surplus product appeared.
NEIGHBORHOOD COMMUNITY
Tribal communities no longer existed. Instead they appeared neighborhood communities . In the neighboring community, people already forgot about their relationship. It was not considered essential. They no longer worked together, although they still worked voluntarily and without coercion. Each family in private ownership had a hut with a garden, a plot of arable land, livestock, and tools. But communal property remained. For example, rivers and lakes. Everyone could fish. Any member of the community did it on their own. The boat and the net were his private property, so the catch also became private property. The forest was a communal property, but animals killed in the hunt, collected mushrooms, berries and brushwood became private property. They used the pasture together, every morning driving out cattle on it. But in the evening, each family drove their cows and sheep into the barn.
There were special marks that each family acquired. Sometimes the owner scratched out his name, sometimes he depicted some simple badge. The same marks were burned on the skin of cattle. Archaeologists, finding such marks on excavated things, boldly assert: people got private property, they were afraid of theft and therefore marked things.
But the neighboring community still continued to unite people. Although not often, there were cases when neighbors did something together. If a forest fire broke out, a flood hit the village, or fierce enemies attacked, such a common misfortune was dealt with jointly.
Remember: people moved from a tribal community to a neighboring one, divided into families, with private property. This was a very important step forward in the development of mankind.
class formation)
signs of a neighboring community:
1.based on producing economy
2. increase in number up to 1000 people
3. consanguinity is preserved
the only sign of a person's entry into the community now becomes possession of land in the com munal land fund.
4. land rights riding collective property. The rights of the entire community are above the rights (“above”) of each
business ( individual farm).but the interests of each individual household are taken into account
a new form of ownership emerges labor(personal) own oz-
the beginning - ownership of everything that is connected with personal labor: while the community worker works on this land,
he has the right to this land and to everything that he produces with his labor on this allotment - this is his property
As a result, there has been a transition from collective farm To individual farm.
With the transition to the neighboring community, from the second stage of the genesis of the state, the period
so-called social revolution is a period of profound socio-economic transformations
vocations, the result of which, in the end, was the emergence of private property, classes and state
with the transition to neighborhood community starts to break down egalitarian society (i.e. the society of equality), because during this period begins to appear wealth inequality(property differentiation).
collective fund
collective fund serve as an example of the future tax systems period of state
donations. Idea taxes"grew" from the idea collective fund– creation of a general fund for
general needs. Only in primitive society were these common needs of the community, and when they appear
first states (as community-states) – these common needs will become national.
How does exploitation come about? Where to get extra labor?
1) Capturing captives and turning them into slaves.
2) Usage strangers(lat. clients; from lat. clients"obedient" clients“those who are obedient [to their master]”).
Exploitation(lat. usage[of someone else's labor on their own means of production]) -
this appropriation surplus product the owner of the means of production on the basis of
ownership of the means of production, in the sphere of production.
th stage!
Period of class formation. Formation of social structure. Emergence of private and state property.
In order to form classes, it was necessary that means of production skon-
were centered in private hands and private farms arose based on the exploitation of
ty r o u m t o r d e.
During this period, property differentiation appears caused the allocation of a layer of officials (i.e. contributed to the emergence social differentiation), and this opened up access to public wealth, as a result of which wealth inequality not only consolidated, but also grows further. The gap between the rich and the poor has widened. However, the stratum of officials is only a group of people with special functions, and not a special stratum in general. That is, as before, there are no classes and estates.
The emergence of social stratification (the formation of social strata/ groups):
The management of collective production and the distribution of collective wealth becomes a hereditary privilege - the management of a communal collective fund is hereditarily fixed. From the moment when management functions and position become a hereditary privilege of these family groups (a new layer of managers), from that moment a layer of community nobility appears in the community.39 The remaining community members will form a layer of ordinary community members.
1) Layer communal nobility initially formed as layer, managing, as a layer that concentrated in its hands the management of production and the collective of the community
2) layer ordinary community members, which is initially formed as layer of people, not performing management functions(they only participate in people's assembly), which are attached production functions.
From the economic and social status of the members of the community, the position of
persons who were not part of the community collective and did not have rights to land - this strangers And slaves, working
melted into collective fund communities (among different peoples called niello, vile people And
Thus, at the third stage the genesis of the state appear four social strata
(or social groups).
Question No. 2: The emergence and political system (based on the customs of state law) of an early form of the state (community-state) [on the example of ancient Egypt and Mesopotamia] (end of IV - first half of III millennium BC).
During the period of the emergence of the first states of legislative regulation (ie, with the help of laws), state-legal relations did not exist. The main source of state law was the state custom, which is a kind of legal custom. Therefore, the formation and development of public authorities was based on legal customs. But the legal custom does not have a strictly fixed form (it is not written down)
The process of formation began with the amalgamation of several small neighboring communities - settlements into a larger neighboring community, which was called a territorial community. Then there was the unification of several territorial communities into a community-state. Such a process of unification of communities into a larger community was called in science Sinoikism (Greek “settlement together, settlement together.”) If you look at the structure of this state formation, you can see that the community-state included in its composition the main settlement where the organs were state administration, main temples, the central market (enclosed with defensive structures, for example, a fortress wall - hence the name “city”), other settlements and the surrounding rural district.
If this state is called a "city-state", then its borders should pass along the fortress wall - the border of the city. However, it is not. The state includes the rest of the settlements and the countryside - all this is united by the common name "community-state".
A “big leader” becomes over the territorial community. The heads of individual settlements (“small leaders”) are subordinate to him.
The form of the state in them is characterized by the establishment of a monarchical form of government (in the form of an early monarchy - the first type of monarchy, which was a limited monarchy
Egypt: communities-states appeared here first of all - in the XXXIII century BC. about 38-39 community-states arose. When in the III century BC. the history of ancient Egypt was written in Greek, then in Greek they began to be called nom. The head of the nome - was called in Greek nomarch (lit. "having power in the nome"). From the rethinking of this term, the term monarch arose.
Mesopotamia: the first community-states arose here in the middle of the 28th century BC. They were called ki (in Sumerian); or later in Northern Mesopotamia, with the spread of East Semitic languages, they began to be called àlum (in Akkadian).
Unification of Egypt at the end of the 4th millennium BC under the leadership of a single king, it accelerated the creation of a centralized bureaucratic apparatus here, which at the regional level was organized according to the ancient traditional nomes and represented by nomarch rulers, temple priests, nobles and royal officials of various ranks.
With the help of this apparatus, systematically bestowed by the central government, there was a further strengthening of the power of the pharaoh, who, starting from the 3rd dynasty, was not only deified, but was considered equal to the gods.
The orders of the pharaoh were strictly observed, he was the main legislator and judge, he appointed all the highest officials
The power of the pharaoh was already inherited in the Old Kingdom.
In all stages of the development of Egypt, a special role in the administration of the state belonged to the royal court. The development of the functions of the state apparatus can be evidenced by changes in the powers of the first assistant to the pharaoh - jati. He is the priest of the city - the residence of the ruler, at the same time the head of the royal court, in charge of the court ceremonial, the office of the pharaoh. In the new kingdom, the jati exercises control over all administration in the country, in the center and locally, disposes of the land fund, the entire water supply system. In his hands - the highest military power. He controls the recruitment of troops, the construction of border fortresses, commands the fleet, etc. He also has the highest judicial functions. He considers complaints received by the pharaoh, daily reports to him on the most important events in the state, directly monitors the implementation of instructions received from the pharaoh.
The second governing body of the community-state - received - the council of the nobility (jajat). Its members were called sera. The council of the nobility (i.e. the council, in which only noble people sat) at the end of primitive society appeared instead of the previous council of elders of the community. Now it was the council of the nobility of the entire community-state. The council of nobility is an advisory body to the ruler
Together they were engaged in solving current affairs, i.e. jajat was an administrative body. One of these cases was the issue of taxation. Since the court was not separated from the administration, the jajat performed judicial functions (“court seat” in the sources). It should be noted that in ancient Egypt (this is its peculiarity), any official was necessarily at the same time a priest of some cult - there was no separation of functions into secular and religious, i.e. there was no separate, special group of priests. Members of the council of the nobility performed military functions (they commanded detachments of their relatives). An important function of the council of the nobility was to control transactions with land (the jajat recorded these transactions).
The third body is the people's assembly, which grew out of the people's assembly of the primitive neighboring community. The People's Assembly is not a permanent body that met to decide the most important matters. It could not be permanent, since the community members had to work in the field. The people's assembly decided the most important issues (the question of power, land, war and peace). The popular assembly, in fact, was a form of assembly of the community militia.
The community-state was divided into tops - territorial communities, which were administrative-territorial units of the state and at the same time were police (responsible for law and order on their territory), fiscal (responsible for collecting taxes and fulfilling labor obligations) and military (formed community militia) districts.
In each territorial community (tope) there were three main local government bodies (the head of the community, the community council and the assembly of community members), which were independently formed on the ground).
The emergence of the first associations. The development of forms of government and forms of government. Differences between military alliance, confederation and federation. Territorial state [on the example of ancient Egypt and Mesopotamia] (late 4th - first half of the 3rd millennium BC).
In Egypt, the first communities - states arose in the XXXIII century. BC. Due to the fact that the communities of the state were located along the course of one river, for the normal functioning of the irrigation system it was necessary to create a single system of irrigation and water supply, so it became necessary to unite these communities. A struggle for supremacy unfolds between the nomes, which soon leads to the emergence of the first associations. To date, Egyptologists are aware of the three most important confederations: the septs, "Nekhenskaya", "Tinisskaya".
Confederation - a union of states, in which the states that form a confederation fully retain their independence, have their own bodies of state power and administration.
As a result of rivalry between confederations of communities - states, the Upper Egyptian was later formed. Then there are 2 territorial states: Upper and Lower Egypt. According to the form of the state The devices that emerged 2 associations were federations.
Federation - state form. Devices in which parts of a single federal state-va are state. Entities with legally defined political independence
At the head of each state of 2 Egyptians stood the ruler - the pharaoh. The form of government is a monarchy. In both Egypts, governing bodies are being formed, i.e. central control apparatus.
The history of Egypt is divided into a number of periods, which are called "kingdoms":
1) Early Kingdom
2) Old Kingdom
Both periods are the time of the existence of an early class society and an early monarchy.
3) Middle Kingdom
Society enters the stage of a developed slave-owning society and a despotic monarchy arises (unlimited)
In Mesopotamia the situation was different. Here communities - states were settled throughout the territory of Mesopotamia, and were weakly interconnected. The unification process took place in the Early Dynastic period. This period is divided into 3 stages:
1) This was the stage when the struggle for supremacy in the region began between the communities - the states
2) A war broke out between the two settlements. And at this stage, a military alliance was formed
military alliance - an alliance of independent states with military-political goals. A single state in this case does not arise.
3) At this stage, a confederation is created
The difference between a military alliance and a confederation is that a military alliance pursues only military-political goals, while a confederation pursues not only them, but also socio-economic ones. Confederations are very unstable associations. They have 2 ways of development: either it will move to a closer association - a federation, i.e. a single union state. or it will fall apart into separate states.
Here the situation took the second path. The new ruler united all of Mesopotamia under his rule and for the first time in the history of Mesopotamia created a territorial state. According to the form of government, it was a monarchy with a tendency to form unlimited power. About the form of state device, we can say that the emerging state, through the stage of the federation of communities, quickly passed to a unitary state.
Unitary state- state form a device in which the territory of the state is divided into administrative-territorial units that do not have signs of independent statehood.
Question 4. The emergence of law. Distinctive features of early law. Characteristics of land relations in the ancient East based on the analysis of acts of purchase and sale of land (on the materials of Mesopotamia and Egypt, XXVIII-XXIV centuries BC). The formation of institutions of civil, criminal and procedural law in ancient legislation. * The development of legal technology
Even in primitive society, there were certain rules of human behavior - mononorms. It is not a rule of law, because one of the signs of law was the security of state power. coercion, and in primitive society there was no state, so there was no law.
When the primitive society ended, when the process of the genesis of the state was completed, when private property and classes appeared, the state was formed, and with it the law.
Right- due to the nature of man and society and expressing the freedom of the individual, the system of regulation of social relations, which is characterized by: 1. Normativeness 2. security with the possibility of state. coercion 3. formal certainty
Law was formed on the basis of certain legal principles. 2 important ones:
1. The principle of justice
2. The principle of legality
The law of different countries had similar features.
1. Quite late there is a separation or differentiation of legal norms from religious and moral and ethical
2. Early law books are written in a casuistic form
Casuistry of law- a set of individual judicial cases, when a specific case corresponds to a specific sanction that applies to this situation
3. Pre-bourgeois law is distinguished by formalism
The formalism of law is a form of deformation of law, legal culture and law enforcement; those. such a situation in law, when the offensive jur. consequences was associated with the performance of strictly defined actions and the utterance of strictly defined phrases of a symbolic nature
4. In the initial stage of development of law, jur. arbitrariness - a situation in law when one of the parties to legal relations is legally allowed to act in relation to the second party, without waiting for the decision of the state. bodies
5. Blood feud was supplanted by talion
Talion principle- the principle of legal responsibility for a crime, according to which the punishment should cause the same harm that was caused by the crime to the victim
6. Pre-bourgeois law did not know the division into branches of law
Law books were low legal technology - a set of methods, means, techniques for the development, execution and systematization of regulatory legal acts, executed in accordance with the accepted rules to ensure their clarity.
At the end of the period of the genesis of the state, private ownership of land appeared, a new way of redistributing land appeared - purchase and sale, on the basis of which persons acquired the right to private ownership of land.
Ownership- the most complete, least limited domination of a person over a thing.
The rights to land in ancient law were designated as follows:
1. Possession by service
2. Possession in truth
For a long time, the legal relations of Mesopotamia were regulated by legal customs. Uruinimgina announced new legal norms. These legal norms had a low legal tenika - a set of methods, means and techniques for developing, formalizing and systematizing normative legal acts used in accordance with accepted rules to ensure their clarity.
In the "Laws of Uruinimgina" the casuistry of law, the formalism of law are clearly expressed, the rules of law have not yet completely separated from moral and ethical standards.
Laws were passed establishing punishment for murder, property crimes: robbery, theft, crimes against family foundations
Question 5. Despotic monarchy - a state system (based on the norms of state law) during the heyday of slave-owning states and a developed slave-owning society: the process of formation and essence. The time frames are the same. Historical types of despotic monarchies in Mesopotamia and Egypt.
In the middle of 3 thousand BC. the ancient society enters the stage of a developed slave-owning society.
Developed slave society:
Neither the number of slaves, nor the presence, nor employment makes a society either feudal, bourgeois, etc. Slaves were in a feudal society. The presence or absence of slaves does not make it a slave.
During the wars, the price of slaves fell, that is, slaves became available. Slaves always work poorly. They work poorly during wars, after wars. The hallmark of any developed class society is the formation of a middle stratum. This sign is valid in all societies (feudal, bourgeois, etc.).
At the beginning of the 20th century, a middle class began to form in developed countries. That is, it passes into a developed bourgeois society.
Social groups that developed in ancient society:
1) The community nobility is the estate of full-fledged free people. exploiter class.
2) Ordinary community members - the estate of full-fledged free. A class of small unexploited producers.
3) Strangers - the class of incomplete free. The class of operated producers.
4) Slaves are not free class. The class of operated producers.
During the wars, slaves became cheaper, so poor community members could buy slaves. When slaves appeared on the farms of ordinary community members, this led to a division of labor in the household of the community member. Slaves were not given skilled work, they were only entrusted with work that could be immediately verified. The most skillful, knowledgeable, community members achieved great results, that is, the expansion of their economy. At a certain stage, they expanded to medium size from a small farm. Labor was done by strangers, slaves. From that moment on, he moved to the position of a person belonging to the middle layer.
The middle layer, by origin from the top of ordinary community members. Those who expanded their farms to medium size.
We see that the middle layer does not constitute a separate independent class. The middle layer is not the middle class.
The appearance of the middle layer indicates that society has become developed.
No society can immediately jump into a feudal society, it must go through the slave system.
Despotic monarchy is historically the second type of monarchy.
A despotic monarchy cannot develop in a community-state. For its formation, a territorial state is needed.
The despotic monarchy took shape over a long period of time in the course of a bloody struggle between the nobility and the monarchy.
The Greeks called "despotos" the rulers of Persia. The rulers of Persia did not have a despotic monarchy, but ironically, it so happened that hence the name ..
The term dominus means "lord", "master".
A despotic monarchy is:
According to the form of the state:
1) Form of government: Monarchical. The second type of monarchy is despotic, after the early one. Unlimited monarchy in antiquity.
2) Form of government: Despotic monarchies exist as unitary states.
3) Political Regime: Despotic monarchy states are an authoritarian political regime. All positions of the state apparatus are appointed by the will of one person. Either in person or on behalf of him. All appointments are controlled by the head of state.
The states of the period of a despotic monarchy are a special type of slave-owning state, in the political system of which there are no bodies that officially limit the power (unlimited) of the monarch, the administrative-territorial unit of this state is a civil community, whose bodies perform the functions of a local government apparatus (local government), central offices management (central power), standing above the communities, built on an administrative basis (appointment from above, pay for the position) and headed by the monarch.
1) The economic base of unlimited power is the public sector of the economy, based on state ownership of land.
2) The social base of the unlimited power of the monarch was the service layer and its top (serving nobility), the supreme nobility.
3) The political base was the administrative apparatus of government, that is, the system of government bodies directly subordinate to the ruler.
In the ancient east, the opportunity for the formation of a despotic monarchy appears only with the emergence of territorial states. The struggle between the ruler and the nobility intensifies even more. This causes fierce resistance from the nobility.
If the nobility wins, the power of the ruler will remain limited, but within the framework of a territorial state (early monarchy)
If the ruler manages to win, there is the possibility of increasing power to unlimited proportions.
In order for the ruler to win, any strong political power must be based on 3 bases: 1) Economic. 2) Social. 3) Political.
situation in Mesopotamia and Egypt on the eve of the emergence of despotic monarchy.
In the territory Egypt, the rulers of individual communities began to fight with each other, These nomarchs had a strong base. Amenenkhet the third, using the support of the middle class and ordinary community members. He took away the land from the Nomarchs, (deprived them of their economic base) This was the end of their freemen. It was he who completed the process of establishing a despotic monarchy.
In Mesopotamia, the first known despotic monarchy was under Sharumken. The situation was as follows: There were separate communities of the state, united in confederations. Nevertheless, half of these lands were owned by the rulers.
Sharumken began to take hostages from noble families to his capital. No matter how much the nobility raised rebellions, even in the second half of the reign, they were slaughtered. But, nevertheless, even after the death of Sharumken, the Geremnids dynasty was named. The new kingdom began with the suppression of the rebellion and for a century and a half this dynasty cut the nobility. Only in the course of a century and a half did the old nobility get wiped out.
The next despotic monarchy was founded by Ur-Nammu (2112 - 2094 BC). He started the founding of the third dynasty of Ur. He established a second despotic monarchy. The third dynasty of Ur fell as a result of another invasion in 1996 BC. Amareev. Under the dynasty of Ur, a centralized unitary system was created. Amarai, whose name was Sumuabum In 1894 BC. founded in a small town Babylon founded the first Babylonian dynasty. In total, there were 3 despotic monarchies in Mesopotamia, and broken ones. It does not arise initially, but is formed as a result of the struggle for power. Hammurabi traditionally began his reign, that in the 2nd year of his reign he announced a decree on justice. Hammurabi was going to fight. Hammurabi realized that a large-scale transformation had to be carried out. He began a series of reforms in 1762 BC.
The first reform was called the temple reform. Each figure in the temple economy reported on the activity.
The second reform is the tax one. The system of taxation and the orderly structure of tax management were streamlined. As a result of these reforms, the state increased its revenues.
The third reform is administrative. The management system was streamlined. At the head of the state was the monarch, The second person in the state was the chief adviser. The management of the state economy was carried out by officials. Hammurabi creates a numerous administrative apparatus. The central administrative apparatus was formed according to the administrative principle. A petty official was considered a clerk. Middle officials received land for possession for service, and was called - "ilku". Major officials received land of more than 12 hectares, depending on the position. Below the central administration were local governments. The political regime is authoritarian. And the state forms. devices - a centralized unitary state. The units of the state were the regions or districts with the former community-states. At the head of each region was an official who ruled the district. The manager of the region had a deputy, who was the manager of the state. farms of this state. Private property has not gone anywhere. Under Hammurabi, the community members prospered, as they protected their interests.
Judicial reform. Concerns issues of judiciary and judiciary. The main idea of judicial reform is to establish uniformity. There was no separation of powers, that is, the court was not separated from the administration. Hammurabi, in order to push the nobility into the background, instead of temple courts, they create a system of state courts. This led to a reduction in arbitrariness in civil law. Arbitrariness was allowed, since the crime was considered as a special case. In the field of procedural law, the issue was related to the bringing of witnesses. He imposed the obligation to bring witnesses to court.
The activities of community courts are placed in the area of state administration.
Legislative reform concerns the writing of laws. The reforms led to the emergence of new legal norms, and it was required that these norms be collected and systematized in a compendium. It was compiled on tablets. The introduction lists various benefits for communities
After 1757 until 1756 the last edition of the law was drawn up.
Trade regulation. Property relations are connected with the main issue - the preservation of the number of troops. Merchants were seen as a source of trouble. Hammurabi transferred all merchants to government services. Related to this is the regulation of the issue of loans. The interest on the loan was limited. Hammurabi actually eliminates debt slavery. It provides that the debtor himself or his family members must work off the debt, and the period of work off was no more than 3 years. The hostage is a free person. And if he dies due to the fault of the creditor, then he will be held criminally liable. Hostages are not slaves.
Hammurabi united under his rule all of Mesopotamia, which they began to call Babylonia. He creates a control system that did not exist. He was an unrestricted ruler. His title reflected this. He provided. He provided the political structure. He ensured the unity of the legal system throughout the state.
Question 6. Land law of land relations in despotic monarchies based on the analysis of acts of sale and purchase, the land of the ruler of the Sargonist dynasty Manishtushu, the agrarian laws of Ur-Nammu, the ruler of the 3rd dynasty of Ur at the turn of the 22nd-23rd centuries BC, the agrarian laws of Hammurabi.
Land law regulates relations arising in connection with the distribution, use and protection of land.
In Mesopotamia 23-18 centuries BC, no division into branches of law existed.
The sources of land law were:
1) Legal customs (originated in the community, regulates community relations). At a certain stage, it becomes
2) Law. Regulated a smaller volume of legal relations.
The system of land law consists of a number of institutions (separate legal norms that were combined into a separate institution (a set of legal norms that regulate a homogeneous community of land relations) of land law). The main ones were:
1) Ownership of land.
2) Other types of land rights (land ownership, land holding and land easements).
3) Institute of lease relations. Regulates: the procedure for granting land for lease, the condition of the lease, the rights and obligations of the landlord and tenant.
The state regulated land relations as a powerful political organization and as the owner of the land. In this regard, the state had two power rights:
1) The power of imperium (jurisdictional power), that is, power that does not stem from the title of the owner.
2) The power of dominium (to make one's own). Indicates ownership of a thing.
What is the ratio of these powers? Jurisdictional power is higher than the powers of the owner. When the state governs its territory, even without being the owner of the land, the ruler can give orders about officials, land, etc.
The state, regulating land relations, was based on certain principles of land relations that develop in the ancient period:
1) Drawing up the state land cadastre (conducting an inventory of lands). The first such inventory was compiled during the first dynasties of Ur. The lands were described by fertility, the area of land plots was measured, and boundaries were established.
2) Ensuring a complex of neighborly relations. Neighbors are owners of neighboring plots. A neighbor can cause inconvenience using his site. This is due to neighboring rights or easements.
What inconvenience could arise? Lots are located along the road. One plot (for which an easement (dominant thing) is performed) is located away from the road. From the road to the passage can not be reached. So get on it. This requires an easement (right of passage). Or if there is no source of water, then the right to pump water (servitude) is also granted. So that the conflict does not flare up, the state should regulate it.
3) Ensuring justice in case of land disputes. Initially, they were allowed in court on the basis of legal customs and judicial practice. Legislative support began with the laws of Ur-Nammu,
Institute of Land Ownership:
Based on the content of the acts of purchase and sale of land. The land could be both in private ownership and in the state (property of the palace and temple households), during the period of despotic monarchies.
1) Citizens (communities).
2) The state represented by the ruler.
In the public sector of the economy there could be no private property, only the possession of land for service was possible.
Types of private ownership of land (we fix primarily on the acts of purchase and sale of land):
1) Individually. The buyer is always alone. He owned the land individually, that is, alone.
2) Citizens, members of the community possess jointly. Usually brothers
Therefore, in the acts of sale we see many sellers, but this does not mean that there was collective property.
Object of land ownership:
1) Land plot. During the period of Mesopotamian legislation, it was designated by the terms "field" or "agor" from the Romans from Latin. Land as an object of ownership had certain characteristics:
2) turnover. Means that the land plot can be freely alienated, or transferred from one person to another, in the order of universal succession. Plots can be sold and bought. The first acts of purchase and sale of land appear at the time of the formation of the first states. Land can also be donated. At a certain stage, the land plot becomes real estate. Initially, there was no division of things into “movables”. This is evident from the laws of Uruinimgin, where things were divided into land and other things. This division of things had disadvantages. Everything on earth is connected to earth. What used to apply to land now applies to things related to land. We see this in the law of Mesopotamia, especially clearly in the Laws of 12 tables.
3) A land plot may be recognized as a divisible or indivisible thing. A land plot may be recognized as divisible if its division does not affect the economic use of the land. In this case, the plot may be recognized as a divisible thing.
4) Fruits, products. Income received as a result of the use of a land plot belongs to the person who uses this plot on a legal basis. The role of such a person can be the owner, owner, tenant, emphyteut.
5) The land acts as a land plot limited in space. That is, the land has certain boundaries. There cannot be a site just across the river, but there must be boundaries. In the acts of sale and purchase, these boundaries were indicated.
1) The authority of the order. That is, he can donate, sell, bequeath, lease, mortgage this land, etc. A non-owner cannot dispose of a thing.
2) The right of ownership. It's about ownership. Allows the owner himself to actually own the thing, treating this thing as if it were his own.
3) The right to use. When the owner himself can use the useful qualities of the thing for himself. Without possession of a thing it is impossible to use it.
4) Getting to receive fruits and income. Receiving fruits in kind, and income in cash.
5) The right to claim a thing from the possession of another person. In modern law there is that the owners can claim a thing from the possession of another person. as long as he possesses the thing, there is no need for it. And it is necessary when his thing is kept illegally. In this case, he will file a lawsuit. This means that these powers are implemented in antiphase. This means that these are 2 different powers.
The problem is related to the fact that the reception of Roman law has been carried out. And on the basis of this they wrote civil codes, supposedly experts in Roman law. They did not know that in Roman law there are 5 powers of the owner. In our Civil Code of the Russian Federation, Western law, that is, pandect law, was taken as a model. As a result, the compilers of our Civil Code saw only 3 powers of the owner. They try to simplify it, but they are not allowed.
Protection of land ownership
Initially, it was carried out on the basis of legal custom, and there was no legislative regulation. When protecting the right to own land, general rules were applied that concerned the protection of the property of the company. In the laws of Uruinimgina, legislative protection of the right to own land appeared. Article 27 establishes the confiscation of income, and the payment of a fine in the amount of production costs by a person who illegally seized someone else's field.
28 for flooding someone else's field (due to negligence in the laws of Hammurabi), a fine is set at 3 gur of grain (about 900 liters) for one ika (0.3 ha) of the field.
29 establishes compensation, if the tenant does not cultivate the field, and causes material damage, then he also pays for this.
We see that the state has begun to legally protect the right to own land. Even with special rules.
The basis for the emergence of ownership of land.
According to the laws of Hammurabi:
Article 49. In this case, we are talking about a type of pledge, which is denoted by the concept of a pledge, that is, when a thing is transferred under the possession of a creditor (credi'tor). And the debtor (debi'tor). The land plot is transferred to the possession of the creditor. The fruits of the earth go to pay the debt.
Article 50. Provides another type of pledge. Here it can be assumed that since the field was cultivated by the efforts of the debtor himself, then the crops remain in his possession. And from there I subtracted the amount of the debt + interest. In this case, we can talk about this type of pledge, when the pledged thing remained in the possession of the debtor. In modern law, such a pledge is called a mortgage. In Roman law, it is written (hypotheca). Roman law itself had many pledges of its own, and they borrow mortgages from the Greeks.
All types of pledges that the Romans had were types of pledge, when the pledged thing was transferred to the creditor. That is, the creditor held the collateral until the debtor repays the debt. When the mortgage appeared, 2 issues were resolved. 1) With a mortgage, the debtor's thing remains with him, and with the help of this thing he received fruits and income and thus could pay the debt, repay interest. This was his advantage. 2) The benefit is that by using the thing, the debtor could receive the thing. There was a problem with the advent of mortgages. If before the creditor could hold the thing, then there is nothing to hold. This led to the fact that many unscrupulous debtors, realizing that they would not be able to repay the debt, began to sell the pledged item to a third party for a long time before repayment, receiving money. As a result, a lien was created.
The right of a secured creditor to dispose of a thing is a pledge right. Pledge right belongs to real property, but not pledge, the institution of the law of obligations.
The difference between a lien and those liens: In the law of obligations, a relationship exists between two parties. And the consequences arise only when the conditions are violated. And in property law, relations are relative.
It can be assumed that article 50 could imply a type of pledge that the Greeks and Romans called a mortgage.
Grounds for the emergence of private ownership of land.
Ways of acquiring the right of ownership is an institution of property law. Foundation is a broader concept. The basis may be a contract, inheritance, etc. The Romans already distinguished between the ways of acquiring property rights and the grounds for origination. We take different contracts: donations. The right of ownership comes from the moment of transfer of the thing. In case of an exchange, purchase and sale agreement, etc. similar. 5 different bases, but the acquisition method is the same. If without formalities, then traditional (tradicio). If things are manipulable, then mancipation, etc. So, the ways of acquiring property rights are not the basis.
Ways of acquiring property rights are real life events with which the law associates the onset of property rights.
Contracts are grounds, but not ways of acquiring property rights. On the basis of purchase and sale, exchange, donation.
On the basis of acts of state bodies. The method of acquisition is the order of the authorities. In Roman law - assignatio.
On the basis of a court decision that established the right of ownership of the land. And the way is the acquisition of property rights by a court decision.
As a result of the acquisition of land, property on grounds permitted by law (by inheritance, when transferring property for debts, etc.)
Based on various transactions. The first type of contract is the purchase and sale of land. If the second party (the buyer) does not accept the thing, then it violates the terms of the contract. The parties must agree on a price. Until they agree on a price, the contract is not considered concluded. it belonged to the category of consensual contracts in Roman law. In Roman law, contracts were divided into contracts and pacts. With consensual ones, they are oral, but without formalism, therefore this agreement is preserved. When the parties reach an agreement, this moment is considered the moment of conclusion of the contract. In contrast, real contracts are considered concluded only from the moment the thing is transferred.
The contract for the sale of land is denoted by the term "purchase". Initially, the contract for the sale of land was regulated by legal customs. Legislative regulation of the sale of land was not particularly regulated. In the laws of Hammurabi, in relation to the purchased item, 2 articles are mentioned: 39 and 7, which indicates the general rules for concluding a contract of sale. The following basic requirements for concluding a contract for the sale of land can be distinguished: 1) The consent of the owner of the land is required, that is, the consent of the parties. 2) The contract must be concluded in writing. And the written form must be special. The seal was set. 3) The contract is concluded in the presence of witnesses. 4) If the established form is not observed, the contract is not valid.
The transfer of the land usually took place from the moment the contract was concluded, and from that moment the ownership passed from the seller to the buyer. The payment for the land was transferred immediately. Payment could be in cash or in kind. Bars and silver. The natural form suggested grain.
We see that Manishtushu, the head of state, however, is just as much a buyer as the others. The fact that he bought land, the ruler, even with unlimited power, was not the owner of all the land. He bought land that became state. This suggests that the community is the supreme owner of the land. He concluded large deals - up to 2000 hectares. These are huge areas of land. But the following are involved in the transaction: the Buyer (an individually defined person), sellers (there are several of them, referred to as relatives), witnesses (marked as “brothers of the owners”, relatives of the sellers). Witnesses receive additional payment or refreshments. Witnesses testify to the very fact of the conclusion of the contract.
The ruler, despite the fact that he is the head of state, participates in land purchase and sale transactions, like any other participant in civil circulation.
The Sipporan Table is another source of the contract of sale. 23rd century BC This is also a consolidated record, over 20 land purchase and sale transactions. The next basis is the land exchange agreement. This is an agreement under which (there are no terms seller and buyer) one party (the owner of the land) transfers the ownership of the land to the other party (the acquirer of the land), and the second party is obliged to accept this land in ownership and transfer it to the property as a purchased land as an alienator of land. The rules for concluding an exchange agreement are the same, except that both parties have the obligations and rights of the seller and the buyer.
Donation of land. Only the owner can donate. It is impossible to give someone else's thing. Once the land is donated, the land is owned. Donation - one party (the donor) transfers the land to the other party (the donee) free of charge, and the donee must accept land ownership. And for the first time, the donation of land was enshrined in the ZX. Article 39, 150 and partly 165. Article 39 says that the purchased land can be written off to his wife and daughter. The wording of Articles 150 and 165 is similar, but Article 150 speaks of a donation contract. A 165 about the will. Initially, all peoples had inheritance by law
The emergence of ownership of land from other grounds.
On the basis of acts of state bodies. This basis is associated with such a method of acquiring the right of ownership of the assignatio (assignatio). With this basis, the method of acquiring the ownership of the assignation is used. This is a situation where property is transferred to the ownership of a person by decision of the authorities.
Based on a court decision. Associated with it is the adjudication method of acquiring ownership. This is the situation when the court decided to grant or restore the right of private ownership of land.
Inheritance of a land plot (the basis for acquiring property rights). Initially, there was only inheritance by law. First, on the basis of legal customs, then the general rules on inheritance. In the ZX, inheritance under the law of the land is not specifically stipulated separately. The ranks of heirs are established.
You can still name one reason, which is associated with another way of acquiring property rights. Acquisitive prescription. And the method is according to the prescription of possession. In the laws of Manu, this is a period of 10 years. And in Roman law - a period of 10 years. Ownership must be in good faith. Established statute of limitations. If the possession of the thing is interrupted, the limitation period shall be recalculated.
Land ownership.
Since the appearance of the first states, the possession of land is no different from the possession of any other thing. The actual possession of a thing, combined with the intention to treat the thing as one's own. In Roman law - ius possession. Any possession (owner and non-owner) is implied here. There are two types of ownership:
1) Corpus possessions. actual possession of the thing.
2) Animus possessionis. Soul of possession.
The intention to treat a thing as one's own is expressed in the fact that:
1) Neither the tenant nor the borrower can be owners, because they recognize the rights to this thing of another person.
2) The owner intends to receive all the pods and income from the thing.
3) In the event of a dispute about a thing, the owner himself defends the thing on his own.
Ownership is divided into:
1) Possessio justa (Legal possession). Legal possession.
2) Possessio injusta. Non-ownership. And above, the property of the owner.
2.1) Fair. Without deceit. A bona fide owner will become the owner by prescription.
2.2) Bad faith possession.
Land ownership in ancient Mesopotamia is a long time ago. Basically possession for service - land-feeding. Land was given to service people from state lands. In ZX, such land was called "ilku". Article 26-41. Since the person was no longer the owner of the land, he could not dispose of the thing. They actually own the land. And they (service people) treat the land as if it were their own. He receives all the fruits and income from the earth.
Holding (detention) of land and rent.
Possession is the right to possess someone else's property. In some cases, it is also possible to use the thing that is in possession. When holding, there is possession of the thing, but there is no relation to the thing as one's own. This is manifested in the fact that:
1) He receives a thing on the basis of a contract, that is, he recognizes the rights to this thing of another person, otherwise he would not have entered into a contract.
2) The holder is obliged to give either all the fruits and income from the thing, or some part.
3) In the event of a dispute about whose property it is, the thing will be protected by the owner, not the holder.
Condition of the conclusion of the contract. Conclusion forms. The rights and obligations of the lessee and the rights and obligations of the lessor.
Land easements.
In civil law, a real servitude is used, which is opposed to a personal servitude. Praedium (estate). Land servitude is used in land law. There are no land servitudes in Roman law. Servitudes belong to the category of rights to other people's things.
The difference between rights to other people's things from holding? In that, when holding, the possession of the thing is transferred to the holder. With rights to other people's things, the possession of the thing remains with the owner and he is not excluded from using his thing. He just has to endure the inconvenience. Farming conditions are associated with the use of water sources. This is evidenced by some articles of the laws of Uruinimgina (where it is said that they could take water from places that were in the possession of another person).
Questions 7, 8 (Briefly, in detail, my grandmother and I analyzed in pairs) Laws of Hammurabi.
The first codification of the laws of Babylonia, relating to the reign of King Hammurabi, has not come down to us. The ZXs known to us were created at the end of this reign.
The collection of laws is engraved on a black basalt pillar. The text of the laws fills both sides of the pillar and is inscribed under the relief, which is placed at the top, on the front side of the pillar, and depicts the king standing before the sun god Shamash, the patron of the court.
The exposition of laws differs in that it is done in a casuistic form, the texts do not contain general principles, they do not have religious and moralizing elements.
Three parts:
1) Introduction, in which X announces that the Gods gave him the kingdom in order “so that the strong do not oppress the weak”, lists the benefits he rendered to the cities of his state and blah blah blah
2) 282 articles of laws
3) Oooooo very extensive conclusion
Sources:
Customary law
Sumerian law books
New legislation
Under X, private ownership of land reached its highest level of development.
Types of land ownership:
Temple
Community
Types of contracts:
Property rental (premises, pets, wagons, slaves, etc.). payment for renting things is established, as well as liability in case of loss or destruction of rented property)
Personal employment (agricultural workers, doctors, veterinarians, builders. The procedure for remuneration of their labor and their responsibility for the results of labor)
Loan (the desire to protect the debtor from the creditor and prevent debt slavery. Limiting the maximum period of working out to 3 years, limiting the interest charged by the usurer, the liability of the creditor in the event of the death of the debtor as a result of ill-treatment)
Purchase and sale (the sale of valuable items was carried out in writing in front of witnesses, the seller could only be the owner of the thing, the sale of property withdrawn from circulation was considered invalid)
storage
Partnerships
Orders
The marriage was concluded on the basis of a written agreement between the future husband and the father of the bride, and was valid only if this agreement was in place.
The husband was the head of the family. A married woman had some legal capacity: she could have her own property, retain the right to her dowry, had the right to divorce, and could inherit after the death of her husband. BUT for infidelity, she was severely punished, if she was barren, her husband was allowed to have a side wife, etc.
Being the head of the family, the father had strong power over the children: he could sell them, give them as hostages for his shares (o_0), cut off his tongue for slandering his parents.
Although the law recognizes inheritance by testament, the predominant mode of inheritance is inheritance by law. Heirs:
Adopted children (yeah, it was possible to adopt on ZX)
Children from a slave concubine, if the father recognized them as his own
The father had no right to disinherit a son who did not commit a crime
The general concept of the crime ZX is not given. There are 3 types of content:
Against the person (careless murder. Nothing is said about intentional. Various types of self-mutilation are considered in detail, beatings are noted separately)
Property (theft of livestock, slaves, robbery, harboring slaves)
Against the family (adultery (infidelity of the wife and only the wife (it’s not fair nifiga !!!) and incest. Well, actions that undermine paternal power)
The main types of punishments:
The death penalty in various forms
Self-mutilating punishments
Exile
Do not forget about the principle of talion
Conducting trials in criminal and civil cases was carried out in the same way and began on the complaint of the injured party. The evidence was testimonies, oaths, ordeals (water tests, etc.)
The judge was obliged to personally examine the case. He could not change his mind under the threat of a large fine and deprivation of office without the right to return to it.
The emergence of a neighboring territorial community and the beginning of the decomposition of primitive society. The stable settlement of agricultural communities creates a certain limited access to rare resources (some types of stone, plants, animals). This objectively leads to the need for exchange between communities. The regular surplus product allowed part of it to be directed to the exchange of raw materials necessary for the community, but hard to reach. But in the presence of the same economic and cultural type, the products are also similar, therefore it is unprofitable to exchange a product that is already available for a rare raw material. This is possible only if it is necessary to replenish the missing stock. As a result, there is a prestigious economy. It appears on the basis of gift-exchange relationships. The main goal of a prestigious economy is the creation of important social ties of various nature (inter-tribal, inter-tribal, marital, friendly, etc.). To do this, a community in need of raw materials creates some new product that its neighbors do not have (a new variety of barley, wheat, a new breed of domestic animals, an unusual product, etc.). In this case, the exchange of rare items is possible. The result is a prestigious product-item that few people possess, which sets the community apart from others. After that, they strive to be friends with the manufacturer of the product or its owner, that is, to create or maintain existing connections, since they can be useful in emergency situations. At the same time, a prestigious product can circulate in a limited (agreed) circle of communities.
Further improvement of the skills of agricultural work and rearing of animals, the subsequent appearance of more productive tools of labor make it possible to create a significant surplus product in terms of volume. It continues to be community property. But for the needs of the community, it is effectively used, mainly by the elders, formally, with common consent. This situation becomes an incentive for individual savings. The easiest way to do this was in specialized hunting and gathering communities. The best hunters and gatherers were rewarded by leaving some of the surplus product they had caught. Thus, the labor character of distribution is born. Thus, the best working people got the opportunity to become richer than others.
In agricultural communities, the labor character of distribution was possible when the communal field was divided into individual plots and the appearance of the household as an economic unit.
In communities where a prestigious economy develops, this sphere of work begins to be monopolized by men, since it provides an opportunity to start making individual savings through participation in prestigious exchanges. Patrilocal settlements are even beginning to appear in these societies. Even in maternal families, male brothers played an important role.
Since the tribes united a large number of genera, there was always a choice when entering into a marriage. Women were valued as an important labor force, so leaving her to another clan led to a weakening of her clan. In this regard, compensation is required for the loss of labor force: work in the public field or in other areas of work. The development of a prestigious economy creates a form of marriage payment. There is a tradition of premarital collusion of relatives (uterine collusion, lullaby, or cradle collusion).
The desire for prestige could be satisfied by enrichment. Therefore, at the stage of transition from matrilocality and matrilineality to patrilocality and patrilineality, land plots are distributed among families, which turn into an economic unit - the household. This, in turn, forms the neighborhood community as relations within the clan change. Labor efforts within the household become the main ones. Even if the representatives of this household do not belong to the main clan and therefore cannot claim a high status in the tribe, having accumulated significant wealth, they can create a significant group of friends through gift-exchange relationships and influence decision-making. The property position of a person in the community began to determine his social status.
In the conditions of a producing economy, it was possible to “plan” stocks for the agricultural cycle. Each individual family could provide for itself on the basis of yield and cultivated area. The need to exchange identical products within the collective disappeared, and the produced product did not become the property of the collective, but remained with the manufacturer. This is how detached property. This is the main distinguishing feature of the neighboring community.
It is often stated in the literature that the formation of a neighborhood community creates private property. The most general difference between isolated and private property is that the former continues to create a regular surplus product used for consumption and accumulation, in exchange it is used episodically; second (private) form of ownership creates surplus product, used purposefully for exchange and the accumulation of wealth through it. It can be said that the prerequisites for the formation of private property appeared in the sphere of the prestigious economy. Separate property is private property within the framework of communal property. Since an important feature of private property is the right to full disposal of a land plot up to its sale, private ownership of land in its pure form was absent even at the stage of ancient civilizations. The main manager of the land remained the neighboring community, which was supposed to guarantee its members a stable existence.
The appearance of a neighboring community led to a change in relations in it. Under conditions of isolated property, cooperation is transferred from the sphere of exchange to the sphere of production. Household economy (it is also a consumption cell) becomes an economic unit. The community performs the functions of an economic organism, regulates economic relations between households. The tribe becomes a social organism that regulates relations between communities.
The main forms of relations in the neighboring community:
A) help exchange- mutual assistance in the development of the site, during sowing and harvesting (labor assistance); it is envisaged that the one who received help according to the principle of gift exchange must sometime respond with help. Thus, relations become circular, communal;
b) help loan- assistance in emergency situations (natural disaster) by borrowing a product (namely a loan, not a handout), sometimes at interest (or a help-return relationship). In this case, the deadline for the return of assistance was stipulated;
V) service-exchange- is formed in the conditions of the separation of craft from agriculture, when for the provision of their products, artisans receive in exchange products of agriculture and animal husbandry.
The stable functioning of these relations and the entire community is possible while maintaining exemplary economic equality of households. But private landownership, when combined with a number of other factors (the number of households; the ratio of male and female, adults and children; different natural abilities; industriousness; random factors (crop failure, fire, etc.) creates conditions for the formation of economic inequality (the poor - rich).
There are some mechanisms in the community to temporarily smooth out inequalities. If there is a reserve fund of land, additional plots are provided to those in need. Wealthy households assume part of the communal expenses (festivities) or undertake to periodically share part of the property in accordance with the principle of primitive equality (public distributions, meals). Among the Indian tribes of North America, this custom was called potlatch. The growing up of a new generation causes the need for land plots. The absence of a reserve fund requires the external activity of the community. This is either the seizure of land from neighbors, or the resettlement of part of the community (the young landless generation) to free lands (colonization).
Nevertheless, sooner or later, as a result of property inequality (economic inequality of households), relations of intra-communal dependence and exploitation begin to form in the community. Help exchange relations with economic inequality develop into patronage (patronage), when a stronger court acts as a patron (patron), a weaker court acts as a client (under patronage). This form of dependency implies the maintenance of the client's economic independence, but otherwise he is forced to support the interests of the patron.
Assistance loan relations, with economic inequality give rise to bondage (debt). Obviously, while maintaining some traditions of primitive equality, bondage was less common in the initial period. Probably, in this case, too, the allotment was kept by the enslaver, but he worked off his debts in the enslaver's household.
Since the surplus product can not only be accumulated, but also withdrawn, this gave rise to an era of enslavement and wars of “all against all” (predatory wars), that is, as soon as a person began to produce more than he needs for everyday existence, those who want to live appeared without producing. Intertribal wars were often accompanied by the destruction of settlements, the extermination and capture of inhabitants. Prisoners were killed or adopted to replenish the loss in their own families. Moreover, the cleared territory was not immediately populated, since it was believed that for some time it was still under the protection of the spirits of the enemy.
Thus, the period of decomposition of the primitive communal system and the formation of civilization (classes, estates, states) begins.
The period of the Mesolithic and Neolithic became a time of change in the main unit of the then society - the community.
Among the farmers, as the tools of labor improved and the use of draft animals, the individual family became an increasingly independent production unit. There was no need to work together. This process was strengthened by the introduction of bronze, and especially iron, tools. The tribal community gave way to the neighboring one. In it, tribal ties were replaced by territorial ones.
Dwellings, tools, work animals in the neighboring community become the property of individual families. However, arable and other land continued to be in communal ownership. As a rule, members of the same family worked on the arable land, but the clearing of fields and their irrigation were carried out jointly by all members of the neighboring community.
Cattle breeders maintained tribal relations longer than farmers. The herds remained the common property of the clan for a long time.
Over time, equality within the community was becoming a thing of the past. In the families themselves, the power of the head over other household members increased.
“which families became more wealthy than others, accumulated wealth. Leaders and elders found themselves in the most advantageous position.
At the origins of statehood.
The highest governing body in communities and tribes was the assembly, in which all adult community members and members of the tribe took part. Elected by the assembly for the period of hostilities leader completely dependent on the support of fellow tribesmen. Elders constituted the tribal council. All relations within society were regulated by customs and traditions. Thus, the organization of power in primitive communities and tribes can be called self-government.
As material inequality developed, so did inequality in the sphere of governance. Wealthier members of the community, the tribe began to exert more and more influence on governance. In the national assembly, their word becomes decisive. The power of the leader extended to peaceful periods, and gradually began to be inherited. In conditions of increasing inequality, many customs and traditions ceased to effectively regulate life. The leaders had to resolve disputes between fellow tribesmen, punish them for misdeeds that could not have happened before. For example, after the appearance of property in individual families, theft appeared, which did not exist before, since everything was common.
The development of inequality was facilitated by increased clashes between tribes. During the Paleolithic period, wars were rare, often stopped at the first wound. Wars in the conditions of the formation of a producing economy were constantly fought. Individual communities and tribes accumulated large food supplies. This was envied by other tribes, poorer ones. And the rich tribes were not averse to profiting on the side.
For successful defense and attacks, the tribes united in alliances led by the leader-commander. The best warriors (combatants) rallied around the leaders.
In many ancient societies, leaders also acquired priestly functions: only they could communicate with the gods, ask them for help for their fellow tribesmen. The leader-priest led the rites at the temples.
Over time, the tribesmen began to supply the leader and his entourage with everything necessary. Initially, these were voluntary gifts, signs of respect. Then voluntary donations became obligatory taxes - taxes. The material basis of this phenomenon was the success in economic development. It has been calculated, for example, that the primitive farmer of Western Asia provided himself with food for a whole year in two months of work. Produced in the rest of the time, he gave the leaders, the priests.
After a successful raid on the neighbors, the leader and his warriors received the largest and best part of the booty. A lot of booty also went to the elders and priests. Among the booty were prisoners. Previously, they were released, or sacrificed to the gods, or eaten. Now the prisoners were forced to work. The growth of the wealth of the leaders and nobility as a result of wars further increased their power over their fellow tribesmen.
The tribes united in alliances were usually not at odds with each other. Often one tribe dominated the alliance, sometimes forcing others into the alliance by force. It was not uncommon for one tribe to conquer another. In this case, the conquerors had to develop new control mechanisms. The leaders of the conquering tribes became rulers, and their fellow tribesmen became assistants in managing the conquered. The resulting structure was in many ways similar to state, one of the main features of which is the presence bodies for the management of society, separated from the society itself.
At the same time, the traditions of self-government were preserved for a very long time. So, even the most powerful leader convened a people's assembly, where important decisions were discussed and approved. The assembly elected a successor to the deceased leader, even if he was his son. The role of self-government increased in extreme conditions: when attacked by a stronger enemy, natural disaster, etc.
The first states arose where the leaders and their assistants also became the leaders of economic life. So it was in those places where for agriculture it was necessary to build and maintain complex irrigation facilities.
Beginning of civilization.
The period of primitiveness in certain areas of the earth ended at the turn of IV-111 millennia BC. It was replaced by a period that is called civilization. The very word "civilization" is connected with the word "city". City building is one of the first signs of the birth of civilization. Civilization finally took shape after the emergence of states. Gradually, a culture characteristic of civilization was formed. A huge role in this culture and in all life began to play writing, the emergence of which is also considered the most important sign of the transition to civilization.
By the end of the period of the Ancient World (5th century AD), the area of distribution of civilization was a strip of land from the Atlantic to the Pacific Ocean. Outside this strip lived tribes that did not have their own states. The area of civilization was expanding, although there was also a reverse movement due to wars and natural disasters.
Civilization among different peoples had their own differences. It was influenced by natural and climatic conditions, the circumstances of the historical path of peoples, etc. Historians talk about different ancient civilizations. Sometimes this term denotes the history of a separate people, state (ancient Egyptian civilization, Sumerian civilization, Chinese civilization, Greek civilization, Roman civilization, etc.). However, the civilizations of the Ancient World had a lot in common, which allows us to combine them into two models - ancient eastern civilization And ancient civilization.
Ancient Eastern - the first civilization. Its oldest form was the state in the valleys of the great rivers - the Nile, Euphrates and Tigris, Indus, Huang He. Then states developed outside the river valleys. All ancient Eastern countries were characterized by a large role of state power, the enormous power of monarch rulers. The predominant population was the peasantry, united, as a rule, in communities. Slavery played a secondary role.
Ancient civilization developed later. It mainly covered the Mediterranean region. True, the first states here are also attributed to the ancient Eastern civilization. However, then, for reasons that are not entirely explainable, development took a different path. The features of self-government began to predominate in the state structure of the ancient states. Ancient states are called policies. The rulers in the policy were elected at popular meetings, the role of state bodies was performed by the former community structures, for example, the council of elders (Areopagus, Senate). However, over time, the polis device was replaced by monarchical power. In ancient states, a significant part of the population lived in cities. Along with agriculture, handicrafts and trade acquired great importance. Slave labor played a significant role.
TOPIC 2 CIVILIZATIONS OF THE ANCIENT WORLD
For a long time they kept their patriarchal way of life. The people were divided into tribes, a separate tribe consisted of clans. A clan was a number of families united by family ties, owning common property and managed by one person - a foreman. Therefore, in the Slavic tribes, the concept of "senior" means not only "old", but also "wise", "respected". The tribal foreman - a middle-aged or advanced man - had great power in the family. To make more global decisions, for example, defense against an external enemy, the foremen gathered in the veche and developed a common strategy.
The collapse of the tribal community
Starting from the 7th century, the tribes began to settle, while occupying vast territories. The following factors contributed to this process:
The emergence of private ownership of agricultural implements and products of labor activity;
Ownership of own plots of fertile land.
The connection of clans was lost, the patriarchal tribal community was being replaced by a new form of social structure - the neighborhood community. Now people are connected not by common ancestors, but by the contiguity of the occupied territories and the same methods of farming.
The main differences between the neighboring community and the tribal
The reason for the weakening of family ties was the gradual estrangement of kindred families from each other. The main differences of the new social structure were as follows:
In the tribal community, everything was common - mining, harvest, tools. The neighboring community introduced the concept of private property along with public property;
The neighboring community connects people with cultivated lands, the tribal community - by kinship;
In the tribal community, the elder was the elder, while in the neighboring community, the decisions were made by the owner of each house - the householder.
Neighborhood lifestyle
Regardless of the name of the ancient Russian neighborhood community in each individual case, they all had many similar administrative and economic features. Each individual family acquired its own dwelling, had its own arable land and mowing, separately fished and went hunting.
Each family owned meadows and arable land, dwellings, domestic animals, and tools. Forests, rivers were common, and lands belonging to the entire community were also preserved.
Gradually, the power of the elders was lost, but the importance of small farms increased. If necessary, people did not go to distant relatives for help. Homeowners from all over the area came together and decided important issues at the meeting. Global interest forced to choose the one responsible for solving the problem - an elected elder.
Scholars have not come to a consensus on the name of the Old Russian neighborhood community. Most likely, in different lands it was called differently. Two names of the Slavic neighboring community have survived to our times - zadruga and verv.
The stratification of society
The neighboring community among the Eastern Slavs gave rise to the formation of social classes. The stratification into rich and poor begins, the allocation of the ruling elite, which strengthened its power through spoils of war, trade, exploitation of poorer neighbors (farm labor, and later slavery).
From the wealthiest and most influential householders, the nobility begins to form - a deliberate child, which consisted of such representatives of the neighboring community:
Elders - represented the administrative authority;
Leaders (princes) - exercised full control over the material and human resources of the community during wartime;
Magi - spiritual power, which was based on the observance of communal rituals and on the worship of pagan spirits and gods.
The most important issues were still decided at the meeting of the elders, but gradually the right to make decisions passed to the leaders. The princes in the neighboring community relied on their squad, which over time acquired the features of a professional military detachment.
The prototype of statehood
Tribal nobility, successful merchants and the wealthiest community members became the nobility, the ruling class. Land has become a value worth fighting for. In the early neighborhood community, the weaker landowners were driven from the right plots of land. During the period of the emergence of statehood, the peasants remained on the land, but on the condition that they would pay taxes. Wealthy landowners exploited their poorer neighbors and used slave labor. Patriarchal slavery arose at the expense of prisoners captured in military raids. A ransom was demanded for captives from noble families, the poor fell into slavery. Later, ruined peasants became slaves of wealthy landowners.
The change in the form of social structure led to the enlargement and consolidation of neighboring communities. Tribes and tribal unions were formed. The centers of the unions were cities - well-fortified settlements. At the dawn of the emergence of the state system, the Eastern Slavs had two major political centers - Novgorod and Kyiv.
