早期东方国家的法律哲学基础

A. Zaiets
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The spontaneously formed mythical, religious, moral and rational components of the worldview, as well as elements of philosophical doctrines are analyzed, traced as the unity of the notions of the gravity of sin and sinful behavior and even the community as a whole, caste character based on the idea of the inevitability of social inequality, the subordinate position of women, and significant differences in different legal systems, based on the specifics of economic structure and political system, civilizational and cultural differences, historical features of state formation, as well as worldviews of peoples, their understanding of the world, world order, natural and terrestrial laws. 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引用次数: 0

摘要

本文致力于阐明从公元前七千年开始的东方早期文明(苏美尔和阿卡德、巴比伦、印度、中国和埃及)国家法律的意识形态基础。对自发形成的神话、宗教、道德和理性世界观的组成部分以及哲学教义的要素进行了分析,并将其作为罪恶和罪恶行为的严重性乃至整个社区的概念的统一进行了追踪,基于社会不平等不可避免的观念的种姓特征,妇女的从属地位,以及不同法律制度的显著差异。基于经济结构和政治制度的特殊性,文明和文化的差异,国家形成的历史特征,以及各国人民的世界观,他们对世界的理解,世界秩序,自然规律和地球规律。结论是,东方早期国家的人民的法律世界观的一般主要基础是人民的神话和宗教信仰(顺便说一句,在所有其他早期国家也是如此),它用来解释世界秩序和证明一般自然规律,也作为评价人类行为的标准。这些思想是基于所有文明共同的关于善与恶、正义与不正义、真理与不正义、道德与不道德的道德观念。在哲学论文中,在古代东方的一些文学和法律资料中,人们可以找到关键的共同道德假设,这些假设来自于最古老的信仰、宗教和道德规则,为科学所知,然后反映在印度教、基督教和伊斯兰教中。从社会和国家意识形态的角度来看,统治精英热衷于传播和肯定统治者最高权力的神圣性和不可侵犯性,统治者往往将宗教权力和世俗权力结合起来。统治者的法律也由最高权力的神的命令宣布,所有人都必须严格遵守。对违法者的严厉惩罚制度强化了这种法律观念。虽然这些共同有助于早期国家的中央集权,建立更有效的防御外部敌人的保护,从内部组织的角度来看,使人民牢固地服从,但它并没有促进个人自由理想的发展。
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Law Philosophical Foundations of the Early Eastern States
The article is devoted to the elucidation of the ideological foundations of the law of the states of the early civilizations of the East, which last from the VII millennium BC (Sumer and Akkad, Babylon, India, China and Egypt). The spontaneously formed mythical, religious, moral and rational components of the worldview, as well as elements of philosophical doctrines are analyzed, traced as the unity of the notions of the gravity of sin and sinful behavior and even the community as a whole, caste character based on the idea of the inevitability of social inequality, the subordinate position of women, and significant differences in different legal systems, based on the specifics of economic structure and political system, civilizational and cultural differences, historical features of state formation, as well as worldviews of peoples, their understanding of the world, world order, natural and terrestrial laws. It is concluded that the general primary basis of the legal worldview of the peoples of the early states of the East are mythical and religious beliefs of peoples (as, incidentally, in all other early states), which served to explain the world order and justify the general laws of nature, and also served as a criterion for evaluating human actions.These ideas were based on common to all civilizations moral ideas about good and evil, justice and injustice, truth and injustice, moral and immoral. In philosophical treatises, in some literary and legal sources of the ancient East, one can find key common moral postulates that take long from the most ancient beliefs and religions and moral rules, known to science, and then reflected in Hinduism, Christianity, Islam. From the point of view of social and state ideology, the ruling elite was interested in spreading and affirming the notions of the sanctity and inviolability of the supreme power of rulers, who often combined religious and secular power. The laws of the rulers were also proclaimed by the commands of the gods, the highe rpowers, which must be strictly observed by all. This view of laws was reinforced by a system of severe punishments for violating them. Although this together helped to centralize the early states, to establish more effective protection against external enemies, and from the point of view of internal organization to keep the people firmly in subjection, it did not contribute to the development of ideals of individual freedom.
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