Historical measurement of the science of governing
Historical measurement of the science of governing
MINISTRY OF EDUCATION
academy at the President of Republic of Belarus
discipline: the Government
a theme: Historical measurement of the science of governing
government theory is one of most important and perspective directions of the
modern political thoughts. Political sphere from the complete, not divided
human society, branch of the world political from economic, social and
spiritual subsystems has occurred enough late.
Originally political phenomena were studied in frameworks dominating paradigms
in connection with the general complex of the public phenomena.
almost two things - since times of Antiquity and up to XIX century - all
knowledge of the social phenomena were uniform complete
system. But already Aristotle (384-322 BC) gave to the doctrine about the
government dominating value. All the
public life, in its opinion, kept within frameworks of a political life and was
placed in the service of the state. He underlined: «As the science about the
state uses other sciences as means
and, besides, legislatively defines, what acts should be made and from what to
abstain, its purpose includes, probably,
the purposes of other sciences, hence, this purpose also will be the higher the
blessing for people ».
philosophers considered state occurrence as natural process of complication of
forms of a hostel of people, this concept has received the name of the
patriarchal theory of the state. Aristotle has offered one of the first such
hypothesis: in the beginning people have united in families, then some families
have formed settlement, and at a finishing stage of this process there was a
state as the form of a hostel of the citizens using a political system.
underlined: in all people the nature has installed aspiration to the state
dialogue and the first who has organised this dialogue, has rendered to mankind
the greatest blessing. Within the limits of the patriarchal theory the state is
considered as the big family where relations of the governor and its citizens
are identified with relations of the patriarch - the chief of family and
members of his family.
of the antique policy has forced known antique philosophers to address to a
problem of strengthening of the government, a consent and order guarantee in a
society. Platon (427-347 BC) places special emphasis on the government prime
target - achievement of integrity of a society through maintenance of the
consent of all public estates. He underlines: «We still in the beginning when
based the state, have established what to do it is necessary by all means for
the sake of whole. And so this whole also is justice...»
most dangerous tendency destroying the government, Platon considered aspiration
of some public groups to depart from service to general welfare, usurping
public functions for extraction of personal benefit. In Platon's ideal state
the guards knowing safety, should not use gold and silver, could not even touch
them, be decorated by them or drink from gold and silver vessels. Platon
warned: «... Hardly own earth, houses, money as now from guards there are they
owners and land owners will be got at them; from allies of other citizens will
become hostile or lords; hating and causing to themselves hatred, feeding
malicious intentions and them being afraid, all of them time will live in большем
fear before internal enemies, than before external, and in that case both they
and all state will direct to the prompt destruction.
for the government Platon considered as the greatest harm oligarchy. It defined
oligarchy as a political system which is based on a property qualification: at
the power there rich, and poor men do not participate in management of public
property qualification establishment becomes the law and norm of an oligarchic
system; the more a system oligarchic, the above the qualification.
such state order keeps application of the armed force. Platon with indignation
wrote that in oligarchies
avidity and self-interest are erected to a throne and, except riches and rich
men nothing causes delight and honoring, and the ambition is directed only on
money-making and on everything, that to it conducts.
the Middle Ages process of occurrence of the state began to consider within the
limits of religious outlook as establishment of institute of the terrestrial
power established by the God. This concepts has received the name of the
theological theory of the state. Modern Catholicism considers as the official
doctrine about the state Fomy Akvinsky's (1225-1274) sights which called people
for obedience of the government connected with divine laws. It developed the
concept «two градов» which in the spirit
of the Christian doctrine has tried to dissolve authority of the state and
authority of church: «give кесарево
to the Caesar, and Божие
to the God».
Russian political philosopher Bulgakov (1871 1944), estimating this period in
history, fairly underlined: split of a public life on the secular and church
has brought serious dissonance and double-entry bookkeeping even in souls of
those who quite understood all historical relativity and internal abnormality
of this bifurcation. For the conservative "guarding" position of
non-interference to a state policy and a public life with moral criteria the
medieval church has paid, on the one hand, with humanistic tearing away from it
its most active part, with another - own impoverishment, fading of creative
new understanding of the government notes an epoch of late Revival. Italian
thinker Nikola Machiavelli (1469-1527) considers for the first time the state
administration in a technological key - as technologies of the government. The
technological approach to the government assumes, that the criterion of
efficiency is put above moral standards and rules. For Machiavelli he expert in
the field of the government is the expert offering useful technological recipes
to competitors of the government. It recognizes that the government can change
the owners, pass from hands in hands.
of government Machiavelli addresses to "a new sovereign», aspiring to keep
the power which is challenged constantly by new competitors: «it is difficult
to keep the power to a new sovereign. And even to the hereditary sovereign who
has attached new possession - so the state becomes as though mixed, it is
difficult to keep over it the power first of all owing to the same natural
reason what causes revolutions in all new states.
people, believing, that the new governor will appear better, willingly rise
against old, but soon on experience are convinced, that were deceived, for the
new governor always appears worse old ».
science of the government at Machiavelli philosophers, and the political
professionals above all putting political efficiency as those should seize not.
From its point of view, «a new sovereign» should not follow morals precepts if
it is necessary - to recede from good and to use this ability depending on the
circumstances. For realization of the domination «a new sovereign» can use any
means: «whenever possible not to leave from good, but at need not to avoid and
harms». Murders because of a corner, intrigues, plots, and other artful means
he recommended to Use poisonings widely in business of a gain and government
deduction. For this reason Machiavelli name became in the government an
insidiousness and immoralist synonym. When today speak about макиавеллизме,
mean low moral qualities of people.
divided sovereigns into lions and foxes. Lions are brave and fearless, but they
cannot notice danger in time. Therefore foxes more succeed in the government:
fair deceivers and hypocrites. They are in the opinion of people compassionate,
true to a word, mercy, sincere, pious, but internally keep ability to show
opposite qualities if it is necessary.
wrote: «So, from all animals let a sovereign will assimilate to two: to a lion
and a fox. The lion is afraid of traps, and a fox - wolves, hence, it is
necessary to be similar to a fox to be able to bypass traps, and to a lion to
frighten off wolves. The one who is always similar to a lion, cannot notice a
trap. From what follows, that the reasonable governor cannot and should not
remain to the true promise if it harms to its interests and if the reasons
which have induced it to give the promise have disappeared.
council would be unworthy if people fairly held a word, but people, being дурны,
words do not hold, therefore and you should arrive with them as. And a
plausible excuse to break the promise always will be. Examples to that set: how
many peace treaties, how many agreements have not come into force or has ruined
that sovereigns broke the word, and always in a prize there was the one who had
the fox nature. However it is necessary still to be able to cover this nature,
it is necessary to be the fair deceiver and a hypocrite, people so are
ingenuous and so are absorbed by the nearest needs, that deceiving always will
find the one who will allow itself to make a fool.
is necessary to be in the opinion of people compassionate, true to a word,
mercy, sincere, pious - and to be that really, but internally it is necessary
to keep readiness to show and opposite qualities if it appears it is necessary
the end of ХIХ
century German philosopher Fredric Nitsshe (1844-1900), in many respects
following traditions макиавеллизма,
has created the concept of the super person - «the great person of crowd»,
capable to carry out the government, using the most low human passions and
defects. It is no wonder that during the Second World War fascist leaders
aspired to lean against F.Nitsshe's philosophy for the justification of a
brutal state policy of the Third Reich.
has been convinced that the government should lean against violence and use
technologies of propagation and manipulation with public consciousness. In each
person, and enormous egoism which with the greatest ease breaks right borders
to what in trifles the ordinary life testifies first of all nests in large scale
- each page of history and the government. In its opinion, at the heart of the
conventional necessity of so carefully preserved European balance the
consciousness, confession of that fact lays already, that the person is the
predatory animal for certain rushing on weakest which will meet to it on a way.
But the stock of hatred existing to some extent in everyone person still joins
boundless egoism of human nature, anger, envy, bile and a rage, collecting, as
poison in an aperture of a snake tooth, and expecting only a case to be pulled
out on open space then to rage and rage, like the broken loose demon.
has given to political technologists «the easy recipe» manufactures at a
government wheel «the great person of crowd». He advised, that under any
conditions it is necessary to deliver to crowd that to it is rather pleasant,
or at first «to hammer to it into the head», that this or that would be
pleasant, and then to give it. But at all at once, on the contrary, it is necessary
to win it with the greatest pressure or to pretend, that you win. At crowd the
impression should be made, that before it mighty and even invincible will
power, or, at least, should seem, that such force exists. Everyone because at
anybody she is not present admires with strong will, and everyone says to itself
(himself), that if it possessed it, for it and for its egoism there would be no
borders. And if it is found out, that such strong will carries out something
rather pleasant to crowd instead of listening to desires of the avidity with it
even more admire and with it congratulate itself. In the rest such person
should to have all qualities of crowd: then she will be ashamed, nevertheless,
before it, and it especially will be popular.
according to Ницше, the state figure -
"super person" can be the tyrant, the envious person, the exploiter,
the intriguer, the flatterer, пролазой,
depending on the circumstances.
Mussolini - the founder and the head of the Italian Fascist party - in the work
«the fascism Doctrine» in many respects concretized philosophical positions Ницше
in practice of the state building. Mussolini wrote: «the Fascist State is
incarnate will to the power and management. The Roman tradition here - a force
ideal in operation. According to the fascism doctrine, the government
represents not so much that is expressed in territorial and military terms, how
many that is expressed in morality and spirituality terms. About it is
necessary to think as of empire, that is as about the nation which expressly or
by implication corrects other nations, not having desire to take hold uniform
square yard of territory.
fascism empire lifting, that is nation expansion, is intrinsic display of
viability and contrast to decline signs. People who tower or rise again after
the decline period, - always imperialists; any deviation is a decline and death
simultaneously in a government science other concept of the government based on
principles of humanism and democracy develops. The French and English
philosophers of an epoch of Education have put in pawn bases of
constitutionalism and division of the authorities in the government, having
created system «controls and counterbalances».
philosopher Charles Montesquieu (1689-1755) has proclaimed that free
development can be provided only in the event that the power in the state will
be divided into three isolated branches, each of which begins to constrain and
counterbalance others. Montesquieu in the book «About spirit of laws» has
written the words which have entered into gold fund of a modern political
science as the theory of division of the authorities: « The political freedom
can be found out only there where each person allocated with the power, is inclined
to abuse it and to keep in the hands the power to the utmost... To warn similar
abusing the power, it is necessary, as it follows from the nature of things
that one power constrained another. When the legislative and executive
authorities unite in the same body... There cannot be freedom. On the other
hand, there cannot be freedom if the judicial power is not separated from
legislative and executive. Also there comes the end to everything if the same
person or body, of noble family or national, on the character, begins to carry
out all three kinds of the power ».
New time the contractual theory of an origin of the state which developed Russo
(1712-1778), Т. Gobbs (1588-1679) has
received a wide circulation. According to this theory, the people staying
originally in natural condition have decided to create the state (to conclude
the contract) that it is reliable to provide for all fundamental laws and
freedom. Gobbs believed that the public contract consisted between governors
and citizens as the submission contract, and Russo, on the contrary, asserted,
that the contract took place between citizens as the association contract. The
agreement of people - a legitimate authority basis: each of the agreeing
submits to the general will and at the same time acts as one of participants of
philosopher John Lock (1632-1704) develops the concept of the liberal
government where the civil society costs ahead of the state. From this point of
view the unique way by means of which someone refuses natural freedom and
burdens itself with bonds of a civil society, this agreement with other people
about association in community that it is convenient, safely and peacefully in
common to live, easy using the property and being in большей
safety than someone who are not a member of a society.
main liberal principle of the government: not the person for a society, and a
society for the person. The government should be supervised by a civil society,
thus absolute value the free person admits, and efficiency of the government is
estimated according to that, how much consistently and effectively it expresses
interests of the person.
such project of the government can be estimated as liberal anthropocentrism -
the sermon of ideology of free individualism. In Russia the liberal theory of
the government was supported by B.N.Tchitcherin (18). He believed that the
higher form of development of the state is the constitutional monarchy. If to
differentiate powers between the monarch, aristocracy and democracy the fair
state system can be generated. Tchitcherin suggested to lower a property
qualification and to admit wide social classes to selective process that should
lead to development of democratic elements of management.
has been convinced that the constitutional monarchy can promote local
government development, and the last should be constructed on primordial public
traditions. He perceived a community as the corporate union which preceded
state Occurrence. The competence of a community of the modern state should be
divided into affairs local (self-management) and affairs state. State and
community relations are made out as legal relations: the balance of the power
between the state and a civil society is established. Thus, Tchitcherin was the
supporter of the legal (mixed) model of local government.
is interesting, that within the limits of liberal tradition to Russia two more
versions of local government - public and state developed. V.N.Leshkov
(1810-1881) and A.I.Vasilchikov (1818-1881) were supporters of the public
theory of self-management according to which all local affairs should be
separated from the government. They have been convinced that in Russia it is
impossible to copy the European experience of self-management as historical
traditions of Russian community strongly differ from the European experience of
Russia establishments should make special system, thus in self-government
institutions the public unions to which rural regions were equated, city
councils and municipal parliaments begin to operate. Васильчиков
suggested to create also administrative districts - district and provincial
establishments in which representatives of a local society begin to operate.
researchers consider, that Васильчиков
has offered the economic theory of self-management (as a special variant of the
public theory) as it not only separated local government from the government,
but also considered a self-coping community as the independent economic subject
of the right who are carrying out municipal activity which purpose is the
satisfaction of basic needs of local population.
of the state theory of self-management in Russia were the hell. Gradovsky
(1841-1889) and V.P.Bezobrazov (1828-1899) according to whom special local
affairs and questions do not exist: if the state transfers a part of the powers
to local population the population should operate as public authority. They
believed, that the local government inefficiency speaks just that municipal bodies
do not possess the state status and have no real power.
local government from this point of view represents the decentralized
government where independence of local bodies is provided by system of legal
guarantees, which, creating decentralization, at the same time provide
communication of bodies of the local government with the given district and its
a counterbalance to the liberalism seeing priorities of the government in
development of a civil society, the Marxist theory considered the state as the
political organization economically a ruling class for suppression of
resistance of its class opponents. According to K. Marx (1818-1883) and F.
Engels (1820-1895), the state has arisen on a certain level of development of
productive forces when the public division of labor has led to occurrence of a
private property, property inequality of people and to society split on
Marxist concept of the state consists that economic basis of a society - set of
public relations - admits primary and defining, and the political and
ideological superstructure urged to follow it.
basis of development of socioeconomic structures is made by Asian each other
Asian, slaveholding, feudal and bourgeois ways of manufacture to which there
correspond certain types of a state system. The higher socially economic
formation proclaimed communism at which achievement the state dies off, being
replaced by public self-management.
Lenin version of the Marxist state as republics of Councils has received the
fullest embodiment in the former USSR. Councils represented elective state
bodies, but the defining and directing role of the CPSU was thus proclaimed. In
the Soviet state acceptance of all state decisions occurred at level of the higher
political management, there was a state ownership on the basic means of
production, the state participated directly in management of activity of
leading enterprises, the institute of state planning (State Planning Committee)
defining the price both tariff policy and prospects of development of all
branches of economy developed.
Soviet system assumed concentration of all three branches of the power in hands
parties (CPSU) which possessed the right of distribution of key posts in the
legislative, executive and judicial device. Disintegration of the USSR in 1991
has served as the beginning of transition from the Soviet system of the
government to formation of the modern democratic state.
provisions of the classical theory of a lawful state have been formulated in
XIX century by German philosopher I. Kant (1724-1804). They have kept the force
and value up to now. According to an edging, the right вое
the state, unlike despotic or police, limits itself to a certain complex of
constant norms and rules.
attributes of a lawful state on I.Kant:
Freedom based on the law of everyone not to obey other law, besides, on which
it has given the consent;
Civil equality - to recognize as standing above itself only that as a part of
the people on whom it has moral ability to impose the same legal duties what
this can impose on it;
Attribute of civil independence - in legal affairs the civil person should not
be presented anybody to another.
a lawful state only the duly elected government has the right to apply force as
compulsion. The governmental monopoly for force means a uniform, obligatory
order for all, destruction of an inequality and a variety of the rights which
would depend on social, hereditary or other status. Under the fair remark of
the German jurist of R. Eringa, the right never can replace or supersede the
basic elements of the state - forces. «Weakness of the power is a deadly sin of
force of the state is lawful only in the event that it is applied in strict
conformity with the right. The political power should realize the right. What
does it mean actually?
state which has published the law is obliged to respect this law until it
exists and continues to operate, though it is lawful to reconsider it and even
to cancel. It also is a legality mode. Thus to the right the basic role in
freedom delimitation is taken away. I. Ilyin defined the law and order as «live
system of mutually recognized rights and duties». Defending the rights, the
person wishes their recognition and observance from other people. At the same
time it makes also to itself (himself) a duty to recognize and observe the
rights of others.
lawful state is cemented not by threat of application of sanctions, namely the
consent of the majority of citizens voluntary to execute instructions of laws.
The lawful state assumes certain conditions for the statement: the people as a
whole and each citizen separately should ripen for perception of idea of
leadership of the law in all areas of a human life. It is important, that
everyone has realized not only limits of the interests and the rights, but also
limits of the responsibility and a duty to self-restriction that is not as a
result of long historical experience.
Russian philosopher and historian P. I. Novgorodtsev has noticed: if democracy
opens wide open space to free game of the forces shown in a society it is necessary
that these forces subordinated themselves to some higher beginning obliging
them. Freedom denying the beginning of the general communication and solidarity
of all members of a society, concept of the power and authority, leads to
self-destruction and destruction of bases of the state life.
is the right to do that laws allow. In lawful state laws have equal force for
all members of a society without an exception? Even the greatest merits before
the state are not the basis for inviolability of the power of the individual.
The law serves in a lawful state as invisible border between collective and the
individual. The edging has given a classical substantiation to this position:
each citizen should possess the same possibility of compulsion concerning
dominating to exact and unconditional execution of the law, as dominating in
its relation to the citizen. The legislator is under laws, as well as the
separate citizen. Laws are supplemented with recognition for the separate
person of the integral and inviolable rights.
personal rights and freedom are the possibilities of the person protecting from
illegal and undesirable intervention in its private life and private world,
called to provide existence originality and autonomy of the person.
rights belonging to the person equally are personal. Nevertheless in the narrow
sense of the word the personal rights are understood only as a part of the
rights directly protecting private life and freedom of each person. The rights
to a life, inviolability of person, respect, an honor and dignity protection, a
freedom of worship, inviolability of dwelling concern them, a freedom of
movement and a residence choice and so on.
example, the maintenance of the right to a personal immunity reveals in definition
of exclusive conditions at which restriction and imprisonment are possible, in
an establishment of the strict interdiction of violence, tortures, the
reference severe and humiliating human advantage, in voluntariness of medical,
scientific and other experiences in the relation of health of the person, in realization
of a presumption of innocence.
innocence presumption means that accused of a crime it is considered innocent
while its guilt will not be proved in the order provided by the law and is established
by the sentence which has entered validity of court. Accused is not obliged to
prove the innocence, ineradicable doubts in guilt are interpreted in favor of
accused, and the proofs received with infringement of the law, admit not having
Social and economic rights and freedom are possibilities of the person in
sphere of manufacture and distribution of the material benefits, called to
provide satisfaction of the spiritual needs economic and closely connected with
them and interests of the person. The rights to work, rest, social security,
dwelling, the right of succession concern number of the social and economic
rights and freedom and so on. For example, the right to rest consists that all
without an exception working on hiring in the state, public or private organizations
guarantees the duration of working hours limited to the law, the weekly days
off, and also paid annual holiday.
cultural rights and freedom are possibilities of the person to use the
spiritual, cultural blessings and achievements, to take part in their creation
according to the propensities and abilities. Number of such rights concern: the
right to using culture achievements; the right to formation; freedom of
scientific, technical and art creativity.
of the rights and freedom of the person and the citizen is a state duty. But,
in turn, and the citizen bears responsibility before the state: it is obliged
to observe laws, to pay taxes, to keep the nature and environment. Fatherland
protection also is a debt and a duty of the citizen.
personal immunity is provided with lawful frameworks of powers of authorities
of a lawful state. The personal immunity principle is supplemented with
inviolability of dwelling and correspondence.
political rights and personal freedoms are the possibilities of the person
providing its political self-determination and freedom, participation in
government and a society. The concern the right to association; freedom of
meetings, processions, demonstrations; the right to select and be the selected
works in public authorities and local government; the right to equal access to
any state posts; the right to participate in national discussions and voting
(referenda) and so on. For example, the right to association (freedom of
associations) means possibility of free creation political and public organizations,
voluntariness of the introduction and an exit from them.
ideas and lawful state formulas have received for the first time the legislative
fastening in the Constitution of the USA 1787 and in the Declaration of human
rights and the citizen, with the proclaimed French revolution on August, 26th,
1789 we Will allocate some positions fixed in the Declaration: freedom consists
in possibility to do that does not harm another; the law is expression of the
general will; all citizens have the right to participate personally or through
the representatives in its creation; everything, that is not forbidden by the
law it is permitted, and nobody can be forced to the action which is not
ordered by the law.
a scientific turn the term "lawful state" in first third XIX century
German lawyers R.Mol and K.Velker have entered Into Russia ideas of a lawful
state developed Kistjakovsky, Kotlyarevsky, V.M.Gessen.
century with development of the international integration the classical concept
of a lawful state has been added by idea about necessity of submission of
national legal systems to the world community right. Many European states have
made the decision, that in case of a divergence of the law of the country with
the international contract courts are obliged to be guided by the last.
Political scientists carry to number of distinctive signs of a lawful state now
not only leadership of the law, but also its conformity to international law.
it is possible to name following characteristics of a lawful state: a priority
of human rights; free, independent court; a principle of leadership of the
constitution (organic law) under the relation to other laws; mutual
responsibility of the citizen and the state; a principle of division of the
authorities; a priority of norms of international law.
of a lawful state find expression in constitutions of the modern states. The
organic law of Germany says: «the Legislation is connected by the
constitutional system, an executive power and justice - the law and the right».
The modern Constitution of the Russian Federation (item 1) testifies: «the
Russian Federation - Russia is a democratic federal lawful state with the
republican form of board», unfortunately, real legal experts of the Russian
statehood still are far from a lawful state ideal. Therefore definition of the
Russian Federation as lawful state can be considered as a political end to which
all of us aspire.
Public administration//Encyclopedia Americana. 1996. №22.
Gregoire R. The French Civil Service. Brussels, 1974.
Greenwood J., Wilson D. Public Administration of Britain. Winchester,