Depending on the duration, cycles in the economy are divided into short, medium and long (long).
Short cycles are called Kitchin cycles, after the English economist and statistician Joseph Kitchin. He explained small cycles by the frequency of fluctuations in gold reserves and determined their recurrence at intervals of three years and four months.
The founder of econometrics Wesley Mitchell saw the reason for small cycles in the sphere of money circulation and determined their duration at 40 months, that is, also three years and four months.
Small (short) cycles are associated with the disruption and resumption of equilibrium in the consumer market.
The reason for the short cycles is the changes taking place in the field of credit. Therefore, they manifest themselves as crises in the credit sector.
Average cycles also called the cycles of Clement Juglar (named after the French economist who studied the middle cycles in the second half of the 19th century). He believed that the reason for the average cycles also lies in the field of credit, and determined their frequency at 8-10 years. This periodicity coincides with the duration of average cycles, the reason for which scientists saw in the same periodicity of renewal of fixed capital.
The middle cycles include the so-called construction Simon Kuznets cycles(named after the American scientist, Nobel laureate). He believed that cyclical fluctuations are associated with periodic renewal of housing and some types of industrial facilities and determined their duration (frequency) in 15-20 years.
The existence of long waves (large cycles) is associated with changes in basic technologies, energy sources and infrastructure facilities. They are also called the Kondratyev cycles (in honor of the Russian scientist Nikolai Kondratyev). His research was based on statistical data on the dynamics of the production of pig iron, lead, coal, as well as the average level of prices, wages and interest rates, foreign trade turnover and other indicators in England, France, Germany and the United States for the period from the 80s of the XVIII century. until the 20s of the XX century. On the basis of economic analysis, he identified two and a half long waves with a duration of 54-55 years with an upward and downward phase.
Downward phase of a large cycle- this is a period of changes in basic technologies and technological structures, lasting 20-25 years. During this phase, small and medium cycles occur, which creates the basis for the most significant changes in technical re-equipment.
The Rising Phase of the Big Cycle- this is a period of upsurge in the economic, scientific and technological development of society, lasting 25-30 years, during which cyclical fluctuations are also possible associated with the renewal of fixed capital, the massive dissemination of new technologies, the emergence and development of new sectors of the economy.
Let's take a closer look at the average cycles, which are also called industrial cycles.
Industrial (economic) the cycle is the most acute form of manifestation of the contradictions inherent in the market (capitalist) economy and at the same time a very tough, but effective way of resolving them.
The material basis of the industrial cycle, in accordance with Marxist theory, is the periodic renewal of fixed capital.
The frequency of the cycles, therefore, is determined by the time of renewal of fixed assets. The faster this renewal is carried out, the more frequent crises occur. During the time described by K. Marx, the frequency of renewal of fixed capital was 10-11 years. This was also the frequency of medium (industrial) cycles.
The classic business cycle diagram includes four phases (Figure 16.1).
Let's give a brief description of each of the phases of the business cycle.
Economic crisis features:
- - overproduction of goods in relation to effective demand for them;
- - significant reduction in production volumes;
- - falling prices;
- - shortage of free funds required to make payments;
- - stock market crash and bankruptcy of enterprises;
- - an increase in the level of unemployment;
- - decrease in the level of wages;
- - a drop in the level of profit;
- - mass destruction of consumer goods, equipment, etc .;
- - disorder of the credit system.
Depression traits:
- - "stagnation" of production;
- - low price level;
- - "sluggish" trade;
- - low lending rate;
- - liquidation of commodity surpluses.
Revitalization Traits:
- - expansion of production until the resumption of the pre-crisis level;
- - rise in prices;
- - increase in the rate of return;
- - an increase in the level of employment;
- - trade revival;
- - strengthening of optimistic expectations.
Rise Traits:
- - exceeding the maximum production volume of the pre-crisis level;
- - rapid growth in employment;
- - growth of wages and other types of income;
- - credit expansion;
- - artificial stimulation of aggregate demand, conditioned by the expectations of the middlemen for price increases and their desire to buy more goods at lower prices;
- - an increase in supply, which will eventually exceed demand and create conditions for the next crisis.
With the acceleration of scientific and technological progress and the strengthening of state (government) intervention in the economic life of society, the industrial cycle is being modified (Fig. 16.2).
Modern economic theory distinguishes two phases of the economic (industrial) cycle:
- - recession that includes crisis and depression;
- - rise including animation and boom.
Recession is a phase of the economic (business) cycle characterized by a relatively moderate, non-critical decline in production or a slowdown in economic growth. It is located between the top and bottom points.
Rise (expansion) of production- the phase between the bottom (trough) and boom (the highest point of the cycle).
According to the US National Bureau of Economic Research (NBER), a recession is a period of decline in the level of total output, income, employment, trade, lasting from six months to one year, and characterized by significant declines in many sectors of the economy.
American scientists Arthur Berne and Wesley Mitchell, studying the cyclical fluctuations of the modern economy, came to the conclusion that the dynamics of the series of output and employment determines economic growth, called an upward trend, and fluctuations in business activity around the trend form industrial cycles.
Thus, the trend can be viewed as a result of the action of factors that determine long-term economic growth (the level of savings, increase in labor resources, technical shifts, etc.), and the cycle - as a temporary deviation from this trend.
Business Cycle (Business Cycle, or Business Cycle)- These are regular fluctuations in the level of business activity (as a rule, represented by fluctuations in national income), at which, after the growth of business activity, it decreases, after which it again increases.
Modern economic cycles differ significantly from the cycles of the late 19th - first half of the 20th century.
- 1. They do not have a depression phase as a mandatory one, but if the fall is very deep and prolonged, then the recession phase is called depression.
- 2. There is no clear line between revitalization and recovery. These phases are combined into one. Be called the expansion phase of production. Highlight the upper (boom) and lower (bottom) points of the business cycle.
- 3. The resultant of long-term economic growth is determined - a trend around which fluctuations form a cycle.
- 4. Economic indicators have also changed in the phases of the cycle.
State budget expenditures of the Russian Federation.
State budget expenditures- these are funds aimed at financial support of the tasks and functions of state and local self-government.
All costs can be divided into the following groups:
§ military;
§ economic;
§ for social needs;
§ on foreign policy activities;
Thus, the costs go to:
governmental support individual industries;
financing:
Social and cultural events,
Defense of the country,
Law enforcement,
International cooperation,
Repayment and servicing of public debt;
Industry
Social politics
Agriculture
Public administration
International activity
Defense
Law enforcement
Health care
Financial support for the regions.
This division of budget expenditures, characterizing the sectoral proportions of the distribution of budgetary funds, allows for the redistribution of state resources in order to structurally transform social production.
The main source of cash receipts to the budget is: national income, national wealth, domestic and foreign loans.
The expenditures of the federal budget of the Russian Federation are classified:
1) by its role in the reproduction process - on the costs associated with the financing of material production and with the maintenance of the non-production sphere. This distinction allows a more detailed analysis of the role of the state and the importance of the budget in regulating the economic and social development of society.
2) by functional purpose - for the costs of financing the national economy, social and cultural measures for the defense of the country, the maintenance of the administrative apparatus, for law enforcement and security, for fundamental research and assistance to scientific and technological progress, for the costs of servicing the state debt.
Each type of expense has a qualitative and quantitative characteristic. High quality reflects the economic nature of the phenomenon and establishes the purpose of budget expenditures, and quantitative - their value.
Budget expenditures, depending on their economic content, are also subdivided into current expenditures and capital expenditures - capital expenditures.
The bulk of the funds are for running costs. These expenses ensure the current functioning of local government bodies, budgetary institutions, the provision of state support to other budgetary and individual sectors of the economy in the form of grants, subsidies and subventions, as well as other budgetary expenses not included in capital expenditures in accordance with the budget classification. They include expenditures on the procurement of goods and services, labor of civil servants, payroll charges, payments on internal loans and public external debt, etc.
Capital expenditures- these are expenses that ensure innovation and investment activities, in accordance with the approved investment program. They include
(Let's explain some of the costs)
1. To the costs of public administration and local government includes the costs of maintaining the relevant state and local government bodies - representative (legislative) and executive. These expenses, being the material and financial basis for the activities of state bodies, allow them to manage the economy.
2. Judicial expenses, law enforcement and state security cover the funds necessary to maintain the prosecutor's office, internal affairs and internal troops, the criminal procedure system, customs authorities, tax police, border guards and state security.
3. The costs of the national economy the main place is occupied by deductions in the agricultural sector, housing and communal services, consumer services for the population and some other sectors.
4. Significant budgetary funds are spent annually on financing of social and cultural events... These are the costs of education, health care and physical education, social security, social assistance, culture and art, and the media. They allow the state to develop the public education system, finance culture, meet the minimum needs of the population in medical care, provide social protection for citizens, and raise the level of their social security. The largest sums go to finance education. Free education and health care remain a priority. Free general and competitive vocational education is guaranteed.
Considerable attention is paid to social protection of the poorest strata of the population. Measures are envisaged to increase the minimum wage level, increase unemployment benefits, compensation for meals for preschool children, schoolchildren, students, to streamline the wages of employees of budgetary institutions.
It should be borne in mind that a large part of social spending goes through off-budget social funds (payment of pensions).
Budget expenditures on social and cultural events have not only social, but also economic significance. As a financial basis for the implementation of social rights - for education, medical care, social protection, etc., these costs simultaneously affect social production, contributing to the improvement of the qualitative composition of labor resources, creating conditions for increasing labor productivity through the use of scientific advances, accelerating scientific -technical progress.
5. Part of the budget is allocated for defense. Defense spending is caused by the need to preserve and develop the complex of the defense industry, maintain the combat readiness of the army, continue to develop the latest weapons, as well as increase the social protection of servicemen and their families, increase salaries for officers, rise in prices for military products and a number of other reasons.
6. Expenditures on basic research and the promotion of scientific and technological progress make up only a small percentage of the total federal budget expenditures
7. International expenses include the costs of non-trading operations (maintenance of Russian institutions and representative offices abroad, payment of membership fees to international organizations, etc.). Financing of costs in the field of international activities covers international cooperation, implementation of international treaties, cultural, scientific and informational relations.
IMPORTANT!
http://info.minfin.ru/fbrash.php
there it is a long time to copy all the diagrams, but you need to look at the approximate percentage and numbers, he will definitely ask. 2011 especially. Look at what is spent most of all (there are 3 indicators always in the lead)
http://info.minfin.ru/fbdohod.php
income also look!
In modern conditions, regional development research should be carried out at the federal and regional levels. At the same time, analytical studies are aimed at serving the current needs of federal and regional government bodies, at identifying long-term trends in regional development and acute regional problems, at substantiating regional forecasts and target programs, at creating an information base for developing a strategy for territorial development and regional policy.
Regional development problems of the country differ significantly from the problems of economic and social development of a separate region. In the first case, the main task is to use a variety of conditions and regional capabilities to achieve the greatest integral effect, i.e. Russia's economic space should be organized in such a way as to ensure the most expedient specialization of the regions and form their effective economic integration, while observing the coordination of federal and regional interests.
In the second case, the task is to build the economic policy of the constituent entity of the Federation in such a way that stable social development is ensured based on the fullest use of the economic potential of the region and interregional ties, while observing federal interests agreed with the regions. These differences in the content of the regional federal policy and the policy of the socio-economic development of the region predetermine the differences in the tasks and content of the analysis at the federal and regional levels.
The objects of analysis of the territorial development of the country at the federal level can be: macrozones (the North zone, the European and Asian parts of the country, etc.), large economic regions and interregional associations of economic interaction; regions distinguished on the basis of the solution of any major problem of the nationwide
significance (the problem of the revival of the Volga, liquidation of the consequences of the Chernobyl disaster, etc.); subjects of the Federation in general and their groups, united according to a certain criterion (border, depressive, etc.); individual cities and local territories, the development of which, for various reasons, has or is acquiring federal significance (Norilsk industrial region, closed administrative territorial complex, free economic zones, etc.).
The subject of analysis is the processes that are of fundamental importance to ensure: the territorial integrity of the state and the strengthening of the common economic space; economic security of Russia; constitutional rights of citizens throughout Russia; approximately equal access to social benefits and a decent standard of living in all regions; rational use of resources and socio-economic potential of the regions in the interests of the entire Federation; ecological safety and sustainable development of regions (Table 35.2).
Table 35.2
Objects and subject of analysis of regional development (federal aspect) Objects of analysis Assessment of the impact on: the territorial integrity of the state and the strengthening of a single economic space, the economic security of Russia; financial and budgetary
security
regions of the Macrozone (the North zone, the European and Asian parts of the country, etc.) Large economic regions and interregional associations of economic interaction Territories where a major interregional problem is being solved Subjects of the Federation Groups of subjects of the Federation, distinguished according to a certain criterion (border, depressive, etc.) Separate cities and local territories of federal importance (closed administrative territorial entities, free economic zones, etc.) The whole process of regional reproduction, including in full its components: reproduction of the population, social product, acts as an object of analysis at the sub-federal level and natural resources, ensuring the preservation of the environment. Therefore, each region has its own economic, social, environmental, regional and similar policies. In these conditions, the analysis of the economic and social development of the regions should cover a wide range of problems related to various aspects of life in the territory (Table 35.3).
Table 35.3
Goals and objectives of the analysis of socio-economic development of the constituent entities of the Federation № p / p Purpose of the analysis Objective of the analysis 1 2 3 I Assessment of the results and trends of economic development 1. Determine the dynamics of production and changes in the structure of the economic complex of the region, identify the causes of negative trends.
Determine trends in changes in the specialization of the region in the territorial division of labor and assess their compliance with the available resources and conditions.
Determine the level of complexity of the economy and identify opportunities for its improvement.
Determine the trends in the efficiency of economic activities of enterprises and changes in the financial resources of the region.
Identify economic problems that require government support to resolve.
Assess the economic efficiency of the development of industry and agricultural production in the region, including structural changes II Assessment of results and identification of social development problems 1. Assess changes in living standards and consumption (including real incomes) of the population and identify the reasons for the current trends.
Determine the intensity of the stratification of society and the size of the population with incomes below the subsistence level.
Assess trends in the population and labor force.
Assess trends in the structure of employment of the population.
Determine the sectoral and territorial structure of unemployment.
Assess the scale of hidden unemployment and underemployment.
Evaluate the budgetary provision of the population, as well as the provision of the budget with its own financial resources III Evaluation of the state of nature management and ecology 1. Evaluate the degree of use of various types of natural resources.
Assess trends in the state of the environment and determine their causes.
Identify cities and territories characterized by excess pollution and other serious violations of the ecological balance.
Identify environmental problems associated with economic activities on the territory of adjacent regions.
Identify the main sources of pollution in cities and individual territories.
Determine the possible degree of satisfaction of the needs for environmental protection through own funding IV Assessment of external economic relations 1. Assess the dynamics and intensity of interregional ties and their role in the economic life of the region.
Assess the region's self-sufficiency in means of production and consumer goods, including fuel and food.
Assess the competitiveness of specialized industries in the regional, domestic Russian and world markets.
Evaluate the degree and benefits of the integration of the region in the corresponding large economic region V Evaluation of the effectiveness of the state regional policy 1. Determine the degree of implementation of the main goals of the reform.
Give a generalized description of the activities of federal target programs implemented in the region, assess the progress and results of their implementation.
Assess the degree of completeness of the distribution of legal powers under joint jurisdiction and determine the range of issues on which significant differences remain between the Federation and the region VI Identification of regional crisis situations 1. Identify the industries (production) prone to a deep crisis, identify the causes and possible consequences of this crisis.
Identify cities and areas in crisis in the economic, social or environmental spheres. Determine the reasons and possibilities for changing the situation on your own
The end of the table. 35.3
1 2 3 VII Assessment of prerequisites and potential opportunities for socio-economic development of the region 1. Assessment of the availability and use of natural resources.
Assessment of socio-historical characteristics and demographic trends.
Assessment of the availability, structure, condition and use of production potential.
Assessment of financial potential.
Assessment of scientific and technical potential.
Assessment of human resources.
Assessment of the transport-geographical and geopolitical position.
Assessment of the state of production, social and market infrastructure.
Assessment of the investment attractiveness of a region When analyzing regional development, various methods are used (Table 35.4), most of which are fairly well known. Certain regional specificity is associated with the characteristics of the objects of observation. Depending on what is being investigated: the territorial aspect of socio-economic processes at the federal level, or the development of economic regions (zones), or the socio-economic development of the subjects of the Federation, the subject of research and indicators used in analytical calculations change.
In particular, the dynamics is determined in relation to the economic, demographic and social processes taking place in the regions. At the same time, in relation to the subjects of the Federation, a much wider range of indicators is used than for economic regions.
Methods for analyzing regional development
Table 35.4 Methods and directions of analysis Indicators and areas of analysis 1. Study of the dynamics of GRP, sectoral, demographic, financial indicators 2. Studying the structure, state of various segments of the regional market Territorial, sectoral, demographic, social 3. Studying the level of development Economy, social sphere, infrastructure 4. Comparative characteristics of regions Economy, budgets, employment, living standards, etc. (based on individual indicators and integral assessments of the socio-economic situation of the regions) 5. Characteristics of the series (aggregates) of the regions Ranking of regions by individual indicators, assessment of the range of variation and density of the series 6. Study of the level of resource use Natural, labor resources, production capacity 7. Assessment the degree of achievement of standards in the social sphere and in environmental safety 8. Assessment of the role of regions in the territorial division of labor Interdistrict relations, assessment of the localization of individual industries and the identification of core industries 9. Assessment of the degree of impact of territorial factors The tightness of communication between various processes Structural characteristics at the federal and regional levels describe various processes. At the federal level, the territorial structure of various socio-economic indicators is studied, and at the regional level, the structure of various spheres of the economy and society:
sectoral structure of the economy, gender and age structure of the population, distribution of citizens by income level, etc.
The assessments of the level of development refer mainly to the constituent entities of the Federation. For this, not absolute, but specific indicators are used. As a rule, for this purpose, the so-called per capita indicators are calculated, reflecting the volume of production or the availability of any resource (usually housing, health care and education institutions) per person.
Since the economy and social sphere of the regions is a very complex object, it is difficult to give a comprehensive, comprehensive assessment of them. Assessments of the level of development can be made either on the basis of any one (main) indicator, or by integrating a number of indicators into a complex, integral indicator.
Comparative assessments of the level of development of regions are made on the basis of their ranking according to one or another indicator. Often, specific indicators are used as standardized estimates, reflecting the ratio of the regional value of the indicator to the average for Russia or to the minimum (maximum) value of the entire set of regions. Such assessments make it possible not only to compare regions with each other, but also to determine the degree of their differentiation. They are mainly used at the federal level, less often at the district level.
The degree to which social standards have been achieved is primarily a regional indicator. First of all, it is used to assess the level of poverty (the proportion of the population with incomes below the subsistence level), the quality of life (the ratio with the normative indicators of data on the availability of total living space, on the shift of classes in schools, etc.).
The level of resource endowment, as well as specialization in the territorial division of labor, are used to analyze the socio-economic situation of the constituent entities of the Federation. We are talking about the presence of industrial reserves of mineral raw materials and fuel resources, about the availability and use of water, forest and land resources, about the state and use of fixed assets and production facilities, about the availability and employment of labor resources, etc.
Specialization is determined on the basis of comparing the specific weight of a particular industry (production) in the regional economy with the corresponding all-Russian indicators.
The well-known methods of analysis are the assessment of the tightness of the relationship between the processes (indicators) under study, as well as the grouping method.
The current trends in the socio-economic development of Russian regions are multifaceted and mostly contradictory. In this regard, it becomes necessary to give a generalized, comprehensive assessment of the processes under study in the economy and social sphere of the constituent entities of the Federation.
Such an assessment should cover various aspects of regional development, including the comparative intensity of economic activity and foreign economic relations, the investment activity of economic entities, the level of development of the regional consumer market, the comparative degree of infrastructural development of the territory, the budgetary and financial security of the region, the level of development of small business, employment economically. active population, as well as the most important characteristics of the standard of living, including the level and differentiation of incomes of the population and the comparative degree of development of key sectors of social infrastructure.
The methodology for a comparative integrated assessment of the socio-economic situation of the regions includes:
determination for each aspect (direction) of the most representative criterion indicator (or group of indicators) and reliable calculation methods;
substantiation of the internally balanced and consistent composition of the indicators used, the rational ratio of those components that are relatively stable in nature, and those that are more or less influenced by the current economic environment;
the choice of an adequate method for the synthesis of particular criterial characteristics into the resulting integral indicator of the socio-economic situation of the regions.
At the present time, in the practice of regional economic research, various methodological approaches are used to a comparative integrated (multifactorial) assessment of the socio-economic situation of regions and trends in its change. These approaches differ, on the one hand, in the composition and the total number of basic indicators used, reflecting individual aspects of territorial development, and, on the other hand, in the way they are synthesized into a consolidated (integral) indicator. Each of the methods used has both a number of advantages and individual disadvantages.
One of the most objective and relatively simple methods for the integral assessment of the socio-economic situation of the regions is the method of ranked scoring, which has become widespread in foreign and domestic practice of regional economic research. Its essence lies in carrying out a continuous, interval-free ranking of all considered regions for each basic indicator, converting the received ranks into the corresponding scores and their subsequent summing up into a consolidated indicator.
developing or Third World countries(sometimes they are called agrarian, the basis of the economy is agriculture, the sale of minerals, that is, the raw materials industry is developed, etc.);
industrial (the basis of the economy of these states is industry);
post-industrial (these are modern developed states in which a scientific and technological revolution has taken place; the main wealth of these states is created in the service sector, in the industrial sphere).
Depending on the form of government of the state
Oligarchy, that is, the power of a few persons;
Polyarchy, that is, the rule of the majority; another name is liberal democracy.
Monarchy, that is, the power of one person;
Republic:
Jamahiriya.
Depending on the dominant ideology of the state
ideologized;
deideologized.
Deideologized (secular) states- there is no official ideology here. In ideologized states, the entire functioning of the state is determined by the dominant ideology. In particular, a person's ability to participate in the activities of the state, etc., depends on his views on the state ideology. In de-ideologized states, ideological pluralism is proclaimed, that is, the ability to preach and develop any ideology. The state can prohibit extreme forms of ideology, such as racist ones.
Part two
Types of law
Type of law called a set of the most important signs of law, generated by a particular era. As in the theory of the state, in the theory of law there are two approaches to typology: formational and civilizational.
In the formational approach, the most important factor that determines the type of law is its class essence, that is, the interests of which class it serves. According to the Marxist theory of social development, each of the class socio-economic formations - slaveholding, feudal, capitalist and socialist - corresponds to a certain historical type of law.
Historical type of law - it is a set of the most essential features inherent in the legal system of a particular socio-economic formation. There are four historical types of law: slaveholding, feudal, bourgeois, socialist.
Slave law
Slave law - it is the legal will of the slave-owning class. The main tasks of slaveholding law were: the consolidation of the private property of slave owners on the means of production and slaves, as well as the protection of the foundations of the slaveholding state system.
The legal history of the ancient world knows two main slave-owning state-legal models: ancient Eastern and antique. The first model was extended to the territories of states that existed in the 4th millennium BC. - 1st floor. 1st millennium AD on the Asian and African continents (Egypt, Babylonia, India, China, etc.), the second - in Ancient Greece and Ancient Rome. The main difference between these models was that the ancient Eastern legal system was built on the predominance of the state over the individual, and the ancient, on the contrary, on the freedom of the individual and its autonomy from the state. This freedom was possible due to the widespread use of private property in the ancient states. It was private property that provided citizens with a certain independence from the state, while in the countries of the Ancient East, property belonged to the state and was associated with a position: in order to become an owner, it was necessary to occupy a certain place in the state hierarchy.
The difference between the two legal systems of slave law was not absolute, but relative. The ancient Eastern and ancient legal systems had more similarities than differences:
1) both systems legally enshrined class-class inequality, that is, inequality not only between free and slaves, but also inequality between individual groups of free people;
2) both systems were closely related to religion. The concepts of sinful and criminal in many respects coincided, religious norms served as a source of legal norms, priests often stood at the origins of justice;
3) the legal norms enshrined in most of the legislative monuments of both systems were records of specific cases from judicial practice - incidents, or instructions for judges did not contain general rules of conduct and were of a casuistic nature. Of decisive importance for legal actions was the observance of a certain form of their commission;
4) both systems did not know the division of law into branches;
5) with the exception of Roman private law, all ancient law was characterized by a low level of legal technique: no strict legal terminology was developed, legislators used everyday language.
The pinnacle of slave law was Roman law. It was divided into private and public. The classical distinction between public and private law was given by the Roman jurist Ulpian, who wrote: “Public law is that which refers to the position of the Roman state; private - which refers to the benefit of individuals ”. Roman law was distinguished by the highest level of legal technique, accuracy of wording, validity of decisions, concreteness, practicality, vitality. It reached the highest level of development in the regulation of property relations, primarily property relations. Even after the fall of the Roman Empire, Roman private law continued to exist, exerting a tremendous influence on the legislation of European countries (in particular, during the formation and development of bourgeois states), on legal thought and the legal history of mankind.
Feudal law
Feudal law represented the will of the feudal class that dominated in the Middle Ages, erected into law. Its main task was to legalize and regulate the property rights of feudal lords to land and other means of production, to ensure their political and economic domination in medieval society. Feudal law was characterized by the following features:
1) the main place in feudal law was occupied by the norms that regulated land relations, since it was the land that was the main wealth in the Middle Ages;
2) feudal law was a privilege law that consolidated the inequality of various classes of medieval society. The social status of a person was determined in accordance with the place that he occupied in the feudal hierarchy. For each estate, its own court was created, only the peasants were subject to the court of the master, since they were outside the feudal hierarchy. The search (inquisitorial) process dominated, built on a system of formal evidence, of which the most perfect evidence was the confession of the accused himself. The testimony was taken into account taking into account the social status of the witness;
3) feudal law is the right of the strong. It openly recognized violence as a source of law (primarily on the part of the feudal lord in relation to the peasant);
4) feudal law was inherent particularism, that is, the lack of a single system of law throughout the country. The law was fragmented, local acts of individual feudal lords and local customs prevailed;
5) like the law of the ancient world, feudal law retained a close connection with religion;
6) feudal law did not know the division into branches of law. Its constituent parts were manorial law, city law, commercial law, canon law and royal law.
With the development of commodity-money relations in feudal society, feudal law borrowed a number of institutions and norms of Roman law. This process is called the reception of Roman law. Started in the Middle Ages, it continued in modern times - the era of the formation of bourgeois relations.
Bourgeois law
Bourgeois law formed in the period of the XVII-XIX centuries. and represented the will of the bourgeois class, erected into law. In legal science today, this right is also called modern law, since in its basic features it operates to this day. The bourgeois law is characterized by:
1) secular nature is a right that is not related to religion;
2) high legal technique and the creation of an extensive sectoral system of law;
3) separation of rights into private and public;
4) recognition of the law as the main source of law. The main task of bourgeois law is the protection of capitalist property in land and the preservation of the main means of production in the hands of the bourgeoisie.
Socialist law
According to Marxist theory socialist law represents at the first stage - the stage of the formation and development of the socialist state - the will of the proletariat, peasants and working intelligentsia, erected into law, and at the second stage, the stage of developed socialism, the will of the entire people elevated to law. It is not eternal: having emerged together with the state as a class institution, socialist law will wither away with it. In reality, socialist law was of a declarative nature and was subordinated to the state.
Currently, the formational approach to the typology of law is under serious criticism. The understanding of law solely as the will of a single, ruling class, elevated to the law, is outdated. Modern legal science sees in law the ideas of society about lawful and unlawful, permitted and prohibited, fixed by the state. Law is not an instrument of class domination, but a means of achieving social compromise. At the same time, the civilizational approach to the typology of law orients researchers to study the specifics of the law of each civilization. However, such a methodology does not allow us to identify the general features and patterns of development of the legal development of mankind and to model a single classification. Therefore, modern legal science, studying the history of law, prefers such scientific categories as the legal system and the legal family to the concept of “type of law”.
Occupation vocabulary
Canon law - the right of the Christian church. Manorial law - a set of legal norms that governed relations in the feudal estate between peasants and feudal lords.
Formal evidence system - the procedure for legal proceedings, in which the value of each evidence is determined by law and depends on the social status and religion of the witness.
Question number 2 part two
