Traditional concepts of typology of the state

The article expresses the view about the necessity of the refusal from certain one-sidedness of the theoretical and methodological principles dominating for decades. State typology is classified leaning on domestic and foreign literature, state types are considered from a perspective of classical understanding and modern approaches taking into account distinctive and defining criteria. Different concepts of typology perform different functions in the process of state learning. The criteria and results of the state typology give the grounds to unite the widespread formational, civilizational and integrative concept into traditional (classical) group. The traditional concept explores the most common factors and criteria for the state development, focuses on the nature of economic and political relations, cultural, spiritual and religious factors of the state development.

There are several works in Kazakhstan litetature on law devoted to the issue of state typology and the bases of their determination. However earlier theoretical and methodological complex used to be considered only on the basis of social and economical stratum. Other typology could be considered solely in separate historical type.

In modern Kazakhstani society the changed social-economic, political-legal, spiritual-cultural and other features of relations require the necessity of identifying the typology of the state in the approach of multifactorial view using various concepts. There is no doubt that these days the relevance of methodological concepts of the typology of the state needs research.

State typology is the set of crucial qualities and strengths of various countries and the system of their general peculiarities. Until the last period there have been considered two views related to the state typology: formational and civilizational. Let us consider the features of each view.

The base of the formational concept lies on the social-economical formation; it shows the historical types of the society that is based on the specific method of the production. As the historical process socialeconomical formation shows the general stages of human evolution. However, the question as how many and what kind of social-economical formation have there been in history is still important.

Mainly, in the work of K.Marks and F.Engels called «German ideology» there is offered five types of social-economical formation which are directed to the different objects of the property as: the first community, slave ownership, feudal, capitalists and communists [1; 168]. Later, K.Marks clarified the periods of the history that have been shown for the first time. However, he has never refused of defining the five formational stages. The definite type of industrial relations corresponds with the specific type of the state. According to this, three class-antagonists formation (slave ownership, feudal and bourgeois states) directed to the self-property and the class classification complies with the three types of states: slave owner state, feudal state and bourgeois state. The first one of the last formations implies that there is no country in the first community while the second one adheres the view that the country is destroyed as the class phenomenon in communism. The authors of the notion known «Marksism-Leninism» considered that bourgeois state is destroyed by the means of revolution and there must be built socialist state while the last historical type of the state formulated that socialist state will gradually lose the need of regulation of the social relations and will disappear from the history.

By their views slave owner state is the type of the first historical community that has been emerged in the entrails of the first community construction. They clarified the social separation of the classes into the first slave owners and the slaves of the society. The ancient slave owner states were established in the river valleys of Egypt, India and China at the end of the forth and the beginning of the third millennium BC. Later, there were established other slave owner states in the valleys of the Mediterranean Sea as ancient Greece and ancient Rome.

Slave ownership construction and the state go through two stages. The first stage is identified by Ancient East slave owner states. There have been preserved the remains of the first community construction. There have been kept the wild types of patriarchal slavery; the slaves had their own  property and family. With private slavery there were also collective slave ownership. The community of the village could buy and sell the plots of the land and, by the regional discipline, the members divided the land and could work out the most beneficial ways of its utility. Besides the communities of the village, there was collective land ownership of the state and temples in the Ancient East countries. However, the private ownership for the land and industrial tools was not well spread as in other slave owner states. As the development of the slave ownership in Ancient East states, the right of collective land ownership was replaced by the right of collective use of the land [2; 126].

The second stage of the development of the slave ownership construction is the period of the GreekRoman slave ownership. This stage stands out by its high developed extent of industrial methods of slave ownership, the absence of the first community remains, the high developed degree of the country, the advanced method of the use of slaves and people without any properties, ruthless exploitation and the «examples» of pressing the riots. Greek-Roman slave ownership is described by the private ownership on the industrial tools. By the way, the society is classified into antagonist classes. One class owned the land, working tools and manufacturer. As the result, they took the political power and varied it into tool for class oppression. Consequently, the slaves became the objects of the right.

The feudal type of the country had been replacing by type of slave ownership. The appearance of feudal country is realized by the following two ways:

1. Slave owner economic and social construction had been gradually decayed and feudal construction was appeared as the result of its remains. This process had been traced in all slave owner countries and social-political
2. The first community construction was gradually developed, then decayed, on the base of it there was appeared the way of feudal construction. By this way there have been appeared east and west Slavic and nomad states. It was depended on the conversion of the tribe and military leaders into owners of cattle. Tribe leaders gradually became land aristocrats by invading the collective lands and cattle and oppressing their relatives. As the result other oppressive brethrens were totally became depended

The feudal countries have been endured by several stages: firstly, they were established as the unified state, then due to the monarch’s labor, by the dividing the land to the tribe leaders there occurred isolation. It is well-known that this period is called feudal disintegration. Later, due to the integration of the lands there occurred dynastic-authority monarchy and then it gradually converted into endless monarchy.

Bourgeois state was established in the result of the crush of the feudal economic and social political constructions by the bourgeois revolution. The objective and subjective presumptions of bourgeois revolution were set in the entrails of the feudal society. At the stage of the development and brink of the feudal social-economic formation, bourgeois industrial  relations  were  swiftly  established,  also  social-economic  and political conflicts were increased between developing bourgeois and feudal classes that held political power.

The economic base of the bourgeois state was the most important working tool in the system of property and privatization for industrial tools. Private ownership was declared as the holy and inviolable right. There were used all constitutional and current laws to protect it. In the political and social literature of the west countries, besides the right of private property, there were following main «material» indicators that fixed the economic bases of capitalism: the owners of the properties tried to compete in order to make more profit. Moreover, there were prepared young specialists in the domains of the financial operations, as the result national and transnational companies were growing. Also, in definite periods of time there has been economic crisis, the government realized the observation under the separate sectors, there were emerged and developed vigorous labor communities.

In the process of development bourgeois countries were endorsed several periods as well. The first period – in the free competition period the bourgeois state was built on the base of equal sized thousands of properties. Such state is based on the bourgeois democracy, parlamentarism and law and its feature of class was predominant. Even the general equality was declared, political inequality was still predominant. The second monopolistic period can be described as the unity of industrial, trade and financial capitals, and independent gathering of the types of industry and division using corporatization. The main part of the social welfare was gained by themselves and they reach the political power. It could destroy democratic institutions (fascist regime in Germany and Italy), also it was able to develop this issue. In the 30th of the last century bourgeois society penetrated into the new stage of development. It was possible with the means of increase  of revolution movements of workers and the development of science and technology. These circumstances had an impact to the growth of the salary of workers and the level of their living. It has increased the productivity of work and the benefits of estimating the work in the necessary extent were recognized. Nowadays in west states’ society corporatization cut down on the share of «pure» private property, and completely tried to increase the amount of «average» class.

Socialist state. Here the economic base of the society is established by the social ownership of the industrial tools. It was anticipated that freedom of the workers and laborers from the oppression of capitalists, nationalize the industrial tools will develop the benefits of the work and the living of the people and increase the culturalism. By theoretical approach socialist type of the state was against oppressive type of the state  and was the last historical type of the country ideal country which is constructed by the peculiar features, principles and norms which are distinguished from capitalist state. By the words of M.N.Marchenko the peculiarity of the socialist state type is the type of country that was not implemented in practice [3; 130]. It is well-known that in our and other countries an attempt of creating socialist country was not successful. Subsequently, declared not only formal but also real equal right principles, freedom from the oppression and pressure, the guarantee of their rights and being provided versatile, democracy, constitutionalism and law principles were not realized.

These days in the discussion about social, historical science related to the all formations and classes given table of five systems is offered as proved and generally known one. However, social-economic formation has another the sixth, fourth, third and second types of systems. Nowadays in the explanation of the historical process the sixth formation is often used. Such kind of explanation firstly was offered in the work of K.Marks «To the critics of political economy», especially in 1857-1859 K.Marks paid more attention to the Asian type in his economic manuscripts. There is no doubt concerning the peculiarities of the ancient class of the west society, however explanation of these peculiarities as separate formation provokes a serious dispute. The sixth formational table is related to the demonstration of the Asian method of industry. This formation shows important peculiarities of the first communities of the ancient East states. The state is the highest owner of the land. Independence is national property of the land. In such case there is no private ownership, but it is acceptable to own and use separate and collective lands.

The common peculiarities of East countries are the followings:

• there is state and social property for the main industrial tools (land), by the way, the society is classified according to the place in hierarchical state system not the society to the private ownership;
• these states are described by the powered officials-bureaucratic apparatus; it was completed by the representatives from different classes of society;
• there is a strict centered state apparatus where at the head sits endless monarch who is presenting the state and considered to be the «Representative of the God» in the ground;
• the systems of rights of such states were developed in a slow way, and the state authorities were led by «God’s rules» leaning on religious-humanity dogmas and, in most cases, supported by customs and traditions;
• in the historical development countries as east societies were

Nowadays considering the issue related to the state typology, the majority of people appeal to the view of formation. However, it is necessary to remember the weak sides of it. Firstly, we can consider the issue of distinguishing the countries, because east countries differ from the west countries: the power is gathered in the hand of economic supreme class in west countries, while in east, firstly, the political power is established then economic supremacy is set on the base of it. In addition, east states are all different.

In the fourth formational table of the worldwide historical process slave ownership and feudal societies are integrated into one social-economic formation. The base of it can be seen in development extent of equal producing powers, similar technologies of the production, the monopolist property of laborers and land of ruling class and rental employment.

The third formational table of worldwide process is seen in two varieties. The first version is identified by the type of bonding the laborers with the tools of industry. In this project before communist formation K.Marks marked the first and the second formations. «The owners of the land are the last phase of social formation. In addition, it is intermittent formation of passing to the second formation, it means the conversion of the society that was directed to general ownership into the society of private ownership», – marked K.Marks [1; 319]. The second version of the work of individuals in connection with the description of the forms of mutual dependence and independence. The private relations of subordination of people developed in low labor productivity in isolated areas. Material based on the subordination of personal independence of public relations agents to switch the system of universal and comprehensive needs of the potential at the first time.

World table of the second formations of the historical process has two stages of world history: before human development and the period of human history itself. One formational table of the historical formation process this version is a modification of previous one's. However, it is related with other constructions of  the social-economic formations. Its idea is that all other formations were emerged when the society has been emerged too and they develop with the society.

Overall, as the main dimension it is used social-economic features (social-economic formation) in the formation view of state typology. By the words of representatives of these views, the crucial factor of social development is the basis, it identifies the types of different phenomenon and the type of rights as well. The historical type of the country was appeared in accordance with definite economic formation, and set of the main qualities of the state that show their class meaning.

The advantages of formational view to the state typology:

• the political power is run by the specific class of the society, the role of the different classes in running the state was identified;
• the dependence of the state-legal society in the life of state running to the social-economic factors;
• the process of evolutional-historical development of the state, there is shown the historical reliance of the state

The disadvantages of formational view:

• besides the impact of social-economic factors of the development of the state the other factors that have influenced: spiritual, cultural, psychological, national, geographical and so on, are not taken into account;
• the change of the state from one type to another one is identified in advance in different regions without taking into account their construction and peculiarities of development;
• the east type of the country which is directed to the Asian method of industry is not included. The features of the initial states appeared in the east does not correspond with the features of slave owner states. Nevertheless, the slave ownership is considered as the first step of the state;
• the general social meaning of the state is denied, the attention is more paid to its class meaning;
• the socialist type of the state is considered as the only state which got rid of the labor exploitation while other states were identified as the type of exploitation state;
• in the result of socialist revolution the bourgeois country will be destroyed, then in the process of construction of communist community the country will leave the history because of its useless;

However, besides some disadvantages of the formation view, it has the right to be considered as many other views.

Improvement of the typology of concepts through the creation of economic development of the state in the legal literature raises doubts. In the formation of the General approach the authors have researched and identified the basic features of the state and improvement of their typology, and they think that social , economic, political and other systems is not considered important in this process. Therefore, the Marxist Leninist theory of the formation or the theory of Rostow on the review of the history of the society and the use of other economic theory is not considered appropriate. Nevertheless, the state and legal phenomena with economy, the property relations, depending on a denial it is known which leads to violation of regularities of development of society. The witness of this experience the Soviet Union, as a result of the Soviet cardinal revolution has disappeared an economic basis of the state, instead of him without the nature of development of the economic relations and new political and legal systems have been constructed. Events of 1917 from a certain action of the power during long term, laws, decrees, the termination of functioning of objective economic laws of development of society, have shown that are capable to limit. The presence of the authorities in the Soviet period, what changes in his economic policy methods of economic management. MarxistLeninist theory corresponds to reality and today, there are many provisions. For example, law, Economics, influence on the formation of legislation on the situation. The state, law, economy, the relationship between objective situation is true, about the interaction of state and economy, changes taking place in society, allows you to generate the correct approach, – said M. N. Marchenko [4; 215]. The spiritual life of humanity requires a material basis.

Among modern researches, taking into account the economic factor. The industrial-technological concept by D.  Bell ‘the reference to a  postindustrial society will  not be able to  be considered.  Suitable for  all types of business sectors this organization of social service – trade, transport, finance, health, education, science and others. These services are the product of higher professional capital. Post-industrial society, described as «the interaction of people with each other» [5; 110]. The large impact of science on production is the foundation of post-industrial society [5; 505]. The Russian representative of this theory L. Inozemtsev supporting the view of a Bell on the prospects of development of historical process of society and the state, he thinks that you can't just refuse Marxism, in his opinion there is a similarity of the two methodological theories. He distinguishes in the history of mankind into three periods: the period in the economy; economic phase; phase post economic [6; 21-45]. Define the types that are developing in the process of consumption of services, the size and nature of the activities of public organizations of citizens and material values, and their relationship. According to the author, history, historical triad classification of Karl Marx (old), secondary, and tertiary (communism) or social formation or to the D. Bell’s industry, corresponds to the division of industrial and post-industrial [7; 32]. There are objective conditions of self-realization of the personality in post-industrial society increasing free time of employees, area of economic management (maintenance, transport, health, education, science) is actively developing. Due to the intensive development of the new branches of managing capable of performance of difficult creative actions, the need for workers with the highest professional will increase. The separation of state origins on the basis of the formation result of critics about the necessity of getting to classify it on the basis of civilizational formations. But, the steps, the formations must be tested evenly. In these tests the mass reviews fair, but it is not necessary to take urgent decisions. Our main goal is not to remove the formation about the science of lifting, and definition of views. On the correctness of its development. It is necessary to consider the historical experience of the XX century. The fruit of social development of the state, so the pace of change in the state, the society, directly influences the forms and methods.

Recently widely discusses the relationship of the civilization of the historical process of studies formations and views. However, we cannot say that the problem is completely solved. Today in «the truth in accordance with the requirements of the Time, full of perfect formation, capable of using the method to fully cover the exceeding of terms», N.Danilevsky, O. Shpengler, A. Toynbee suggested that civilization's ideas about the structure of public life.

The basis for the development of society, according to their views to each other, differing to some extent «cultural-historical types», or «civilizations». They are in its development several stages in the following sequence: emergence, development, maturity and destruction. The continuity of history, the phenomenon of false, from the point of view of Toynbee, which we denote as period of time, the sequence of historical events. Of course, some theories of the historical development of regional civilizations opening mechanism, characteristics, and identification of ways of its development will help. However, the succession of different civilizations and relations, repeatability of the phenomenon do not explain.

Eventually, in the history in a certain level of the closed turns receive the place, about progressive development there is no speech also. A typology based on the civilization-state can be attributed to a particular civilization. Civilization (from Latin «civilis») means «human», «public». Its synonyms – culture, stage and degree of development of material and spiritual culture. In their research the following major civilizational typology of the philosopher is based on the writings of representatives of the social mind: O. Shpengler, Toynbee, Weber, C., Eisenstadt, N. I.Danilevsky, P. A. Sorokin, S. Huntington, M. Singer, K. Jaspers. Civilizational approach and the state of spiritual and cultural life, establishes a relation of three important rules:

• is defined by the relation of force of the state not only exact value, and also historical and cultural values and views about the world which is saved up within process as it should be, samples. Taking into account interests of the state and social force, acting by consideration of that, it is necessary to consider that all former historical experience;
• The phenomenon of the political world as the central government is considered as a part of the world of culture;
• A variety of cultures – in time and in space according to conditions of one state in development of some types, but allows understanding the urgent development in other cases. Special attention is paid to features of national cultures within the state and national life [4; 54] They differ from each other not only the current values system of culture, they are characterized by the difference depending on the type of state . In his development of civilization pass through several stages:
• Regional civilizations – including their communications with each other, each of them is connected with the state, they have sets of social institutes (Ancient Egypt, Sumer, India and ); 
• Special civilizations – Indian, Chinese, Western European, East European, Islamic;
• The modern civilization is characterized since the period of traditional and modern socio-political structures.

Now, depending on the degree classification of their organization the basis of different civilizations: chronological, genetic, spatial, religious.

Society is moving from the bottom rung to the top, the state is changing, it is improving, and becoming civilized. Oppressive state is defined as the typology of the former: slave, feudal, bourgeois. Modern developed states are divided into the democratic, social and legal.

The basis of the concept of the civilization state, the right and social and economic structure of society, ratio is made by the idea. Emergence of a civilization and development in it spiritual and moral and cultural factors of their development, cyclic (circular) character, is considered versatility qualitative civilizations. In other words, as criterion of typology of the state, the socioeconomic structure «and «civilization», category, culture are raised, the level of her development as synonyms [8; 33], the phenomenon of social culture subsequent cases, is characterized as the first sign of the decline of culture [9; 164].

As, defined in the context of various a concept of a civilization, the civilization states of the concept of typology will be realized, defines application various options. A special cultural-historical type, the position in theory. N. Ya. Danilevsky, cultural-historical types is in the form of a permanent union of peoples or associations. Cultural-historical types (civilizations), the difference between religious, social, domestic, industrial, political, scientific, and artistic; they have a place in other regions [10; 74].

1. Shpengler determines the development of society, on the same issue, but the concept of «civilization» he understands as «the end of culture, the end» [of 11; 51].

The interchangeable concept of a regional civilization was formed by A.J. Toynbee. He believes that  the dominant mode of production in the development of state and law is determined by the type of culture.

The concept of civilization features of society, allows to reveal originality. Civilizations, religious, psychological, cultural, geographical and other signs differing in unity and regional society in the closed state. At the heart of typology of civilizations, two measurements don’t change: the religion and forms of her organization, presented originally level belongs  to  «remoteness  of  the  place  of  emergence  of  society»  [12; 731].

Studying world history, Toynbee tried to define special, unique independent signs quantity of civilizations. At first their quantity was 100, after 23, 21 eventually is stopped to 13. These include: Egyptian, Chinese, Western, Orthodox, Arabic, Mexican, Iranian, Syrian, Far East and others.

By the classification of the Russian scientist L.A.Morozova there are regional civilization that can be in separate region or separate nations (sumer, aegan and so on), special civilization (Chinese, muslim and so on), the civilization that comprises all humanity and directed to the global principle of humanism. There the value of humanity, its right to free development, and its properties are considered as the most crucial points [13; 36].

During the formation of state typology, it is crucial and beneficial to take into account spiritual-cultural and religious factors. Civilizational view enables us to compare various types of state systems in the terms of multi-factorial measures. However, this typology cannot be the only correct type, there are plenty of views that identifies the civilization and the type of state in correspondence with it. However, there is not considered a typology that could identify it by the relevance to the political power, the peculiarities of running apparatus and the relations of property.

The advantages of civilizational view in the state typology:

• the determination of the meaningful impact of spiritual-cultural factors on the state development;
• there was determined the necessity of the spiritual-historical development, ideology, religion, traditions and the other social values in the acknowledgement of the meaning and social role of any state;

The disadvantages of civilizational view:

• the social-economic factors that have significant role in the state-legal life of the society are not taken into account;
• there is no determination of the political power to specific class and society;
• the reveal of the society in cultural-historical approach loses its state-political feature, as the result it converts to specific cultural-historical description of the community’s not the country’s

In accordance with the significant distribution of formational and civilizational concepts, it would be methodologically incorrect to deny or set against the formational and civilizational concepts. Revealing the state typology, we firmly believe that it is important to accept the concept that is directed to use them as the unified complex concept. It enables us to take into account social-economic, cultural-spiritual and religious factors in the state development, as the result it helps to completely and meaningfully define the specific  state typology.

In modern scientific literature the systematic view for the typology of society has been studied in philosophic, social, economic and legal approach. The view that has been mentioned in legal literature is given to the integrative concept. The quintessence of integrative concept is based on the use advantages of the formational and civilizational concepts and reducing the disadvantages. Integrative concept must describe set of   the state running, economics and culture [14; 154].

During the research of the historical development of the society using formational and civilizational views the scientists revealed that they are both cognitive methods that complete each other clarifying the different sides of human development and they are in the cooperation of excellence (discreteness) and subsequence (continual) dialectical actions. Consequently, it is important to move to the synthesis of formational and civilizational paradigms [15; 70].

«In the research of the issue as state typology when the formational and civilizational views should be used without setting them against, the advantages of each type can be unified together and complete the lack of each other, giving an opportunity to deep in and clarify the given important issue», considered M.I.Baitin [16; 60].  V.M.Vedyahin claims that formational and civilizational views of the study of society should not  be contradictory, they complete each other and should be used as the unity [17; 81]. It gives opportunity to reveal more social-economic, spiritual-cultural factors of state typology. Civilizational view does not deny  the formational view that has been used in flourishing way for long decades, but completes with creativity and develops.

Using integrative concept V.E.Chirkin distinguishes three types of civilization: Muslim, totalitariansocialist and capitalists [18; 55, 56]. The majority of human population lives in the terms of capitalist type of civilization, but these days it also in the development of different stages. There are such objects of capitalist civilization: liberal capitalism (it pays more attention to the economic and political liberty, and against to the role of regulatory of the state), totalitarian capitalism (in many countries of the world as Germany, Italy, Spain, Portugal, South Africa, especially it took place after military revolution) and social capitalism.

Formational, civilizational and their complex use which was identified by the way of distinguishing integrative concepts are well spread in scientific sphere, and the state typology that was built on the base of them is valued as vast and global structure in a wide range of time and space, describing important qualities of the countries and formational, civilizational and integrative concepts which are conditionally defined as  the traditional state typology. 

References

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