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2.3. New interpretations of the theory of violence: tendencies of development and an urgency in XX - XXI centuries

Having received a scientific substantiation in XIX century, the idea external and vnutrenneyogo violence in the state - and pravogeneze has got lines harmonous kontsepyotsii in the XX-th century. Detailed teoretiko-methodological study of the theory of violence, revealing of discriminating signs and characteristic properties, the analysis of tendencies of the further development - all it has allowed to harden positions and once again to show its viability.

It is necessary to notice, that modern theory of state and law raspolayogaet an extensive layer of knowledge of a state and right origin, predyo
stavlennym the diverse concepts created on an extent tysjayochelety of existence of a human society. But till now the modern jurisprudence, both American-European, and domestic, is in process of search of the reasons the state - and pravogeneza. Thus the increasing urgency is got by a question: whether all variations of a modern substantiation of an origin of the state and the right are included into the category pravovedcheskih?

Herein T.V.Kashanina has suggested to subdivide scientific soobyoshchestvo, investigating the specified problematics into some categories: odyoni, moving by inertia, could not refuse positions of the Marxist theory of an origin of the state and the right; others, having taken of an opposite position, have denied views of classics, not having offered anything in exchange; the third were limited to transfer and the description of existing theories proishozhyodenija the states and the rights; the fourth represent dangerous enough grupyopu, as, having risen on a position of scientists-historians «not knowing thoroughly speyotsifiku such phenomena, as the state and the right..., represent process obyorazovanija the states and pravoobrazovanija so evoljutsionno, that lose a side of occurrence of the phenomena of new quality: state-legal feyonomenov. Danger consists that at such approach arises vozyomozhnost losses of all of that the jurisprudence has saved up, steadfastly and under the corner of sight flashing process of occurrence of the state and the right »[154]. In this connection, research violent the state - and prayovogeneza with pravovedcheskih positions at the present stage of development of jurisprudence causes certain complexities. In XX - the beginning of the XXI-st century studying of a problem of a violent origin of the state and prayova considerably becomes complicated thanks to occurrence of new data in razlichyonyh the areas of a science offering the vision of subjects through a prism philosophical, psychological, sociological, historical, antropoloyogicheskih, political and other factors.

So, in XX century research of a problem of a violent origin of the state has received the development in political anthropology, nahodjayoshchejsja in unconditional communication with theory of state and law. Being pogranichyonoj with a teoretiko-legal science, the political anthropology considers the specified subjects, using wider concept - "politogenez", at the same time the certain attention is given and gosudarstvogenezu. The Polyyotichesky anthropology, being based on variety of approaches, puts a question on a state origin in the category of the most debatable. The role nayosilija in politogeneze, in particular, gosudarstvogeneze, is defined and issleyoduetsja in a context of so-called "aggressive" theories. zavoeyovatelnoj theories (the violence theory) on gosudarstvogenez mark influence in the works G.Kunov, R.Turnvald, D.Verstman, L.Kreder, R.Karnejro and др1.

Interest to a problem of a violent origin of the state vozyoros in second half of XX-th century in connection with occurrence restrictive teoyorii, the offered scientific community in 1970 and, in further, received a wide circulation abroad. The author of the concept - ameyorikansky the anthropologist, professor Robert Karnejro (the river 1927), the head of branch South American etnologii the American museum of natural history in New York. A principal cause, on which R.Karnejro razraboyotal own concept gosudarstvogeneza, was, according to the scientist, weakness and discrepancy presented teoretikoyometodologicheskoj a science of classical theories of an origin of the state [155 [156]. Speaking about gosudarstvogeneze, the American anthropologist noticed, that voznikyonovenie that «was a political innovation in the history of mankind which had the greatest prospects, however this innovation still not in the field
Ache to a measure it is comprehended. Any of theories of occurrence of the state existing now is not completely satisfactory »[157].

But Karnejro nevertheless has allocated one concept which, in its opinion, is given most reason explains state occurrence. It is the compulsion theory in which frameworks the last acts in a mechanism role, nayopravljajushchego political evolution from independent communities to the state. War and a gain (with application of violent means) - a principal cause of occurrence of the state, but only in specific conditions stesyonenija environment (restrictions). From set of theories so or inayoche explaining an origin of the state, R.Karnejro has counted zasluyozhivajushchimi attention the following (see the scheme 2):

F.Oppengejmer

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