Civil society occurs in the era. Is there civil society in modern Russia? The procedure for its acquisition and loss

Civil society - this is:

1) the sphere of self-assessment of free citizens and voluntarily formed associations and organizations fenced by the relevant laws from direct interference and arbitrary regulation on the part of state power;

2) a set of non-political relationships, that is, public relations outside the framework of the powerful structures.

The history of the formation of civil society

The history of developing his concept in Western social and political thought is evidenced about the difficulties of developing civil society.

Thinkers about the essence of civil society:

Thinker Basic ideas
T. Gobbs, English philosopher Civil society is an union of individualities, a team in which all its members acquire higher human qualities. The state prevails over civil society.
J. Locke, English philosopher Civil society is a political society, i.e., the public sphere in which the state has its own interests.
Sh. Montesquieu, French philosopher Civil society is a society of hostility of people with each other, which for its termination is transformed into the state.
T. Pain, American Enlightenment Civil society - good, and the state is inevitable evil. The more advanced civil society, the more it is self-regulating and the less need of regulation by the state.
G. Hegel, German philosopher Civil society - the scope of implementation of particularly private goals and interests of a separate personality. There is no genuine freedom in civil society, since it constantly presents a contradiction between private interests and power, which is universal. Civil society itself is not able to cope with its problems. Priority belongs to the state, which can integrate the scattered interests in the Whole Society of Citizens.
K. Marx, f. Engels, German economists and sociologists Civil society is the sphere of the material, economic life and activities of people. It is precisely it is primary to the state, civil life as the amount of various interests bonds the state.

Civil society structure

The structure of civil society includes various common communities:

    Political parties and lobbyist (from English. Lobby - Culuars, Corridor) Organizations (committees, commissions, tips), created under the authorities.

    Public and political organizations and movements (environmental, anti-war, human rights, etc.).

    Unions of entrepreneurs, consumer associations, charitable foundations, cooperatives, rental groups, joint Stock Company.

    Scientific I. cultural organizations, sports societies.

    Municipal communes and other self-government bodies at the place of residence and work, voter associations, political clubs.

    Independent media.

    Relations between the components of the Company, which have a non-state and non-political nature (family ties, professional, economic, religious and other relations).

    The special space of the free manifestation of people, which is protected from the intervention of the state and other forces.

The ratio of civil society and the state

Linescomparison

Civil society State

Imported interests

The daily interests of individuals. Social interests of social groups, classes, ethnic groups.

Means of implementation

Belief, legal and moral norms, traditions, customs, art, etc. Constitution, power, coercion, right, etc.
Communications and relationships between people The predominance of horizontal connections based on solidarity and competition. The predominance of vertical bonds based on the relationship of domination and subordination.
The foundation Free individual with integral rights and non-political organizations (consumer associations, cooperatives, sports societies, church, etc.), with the help of which he implements them. Political institutions, authorities, leaders, elite, etc.

Functions of civil society:

    Regardless of the state, there is a means and sanctions, with the help of which one can make a person comply with generally accepted norms providing socialization and education of citizens.

    Protects citizens and their associations, interests and needs from illegal interference with their lives of state and its bodies, protects the rights and freedoms of the individual, determines the borders of politics.

    Promotes the formation of state bodies, democratic and humanistic development of the entire political system of society.

Civil society acts as the necessary democratic layer between man and the state,not allowing the latter to usurp the power.

Questions:

1. Find a concept that is generalizing for all other concepts of the series below, and write down the number under which it is indicated.

1) a scientific organization; 2) civil society; 3) Joint Stock Company; four) sports Society; 5) Environmental Movement.

2. What is the meaning of social scientists in the concept of "civil society"? Attracting the knowledge of a social science course, make up two suggestions containing information about civil society.

1. The meaning of the concept, for example: Civil society is the sphere of self-determination of free citizens and voluntarily formed associations and organizations fenced by relevant laws from direct interference and arbitrary regulation on the part of state power. (There may be another definition of definition.)

2. Two proposals with information on political mode based on the knowledge of the course, for example:

1) "The civil society has developed at a certain stage historical Development, first of all western civilization ";

2) "The process of forming a civil society was not only an economic, social, political, but also sociocultural and spiritual transformation."

Any other proposals containing information on political mode can be compiled.

3. Name any three civil society institutions in modern Russia And give examples of their activities.

The following institutions may be named and examples of their activities are given:

1) Public organizations - the Committee of Soldiers' Mothers, who monitors compliance with the rights of soldiers passing the urgent service in the army;

2) trade unions - the independent trade union of the miners of Russia;

3) Independent media - the radio station "Echo of Moscow", which provides the Word to representatives of various political movements.

4. You are instructed to prepare a detailed answer on the topic "Civil Society". Make a plan according to which you will cover this topic. The plan should contain at least three items, of which two or more detailed in subparagraphs.

One of the options for the disclosure plan of this topic:

1. The concept of civil society.

2. Prerequisites for civil society:

a) economic;

b) political and legal;

c) social;

d) cultural.

3. Civil society structure:

a) political parties and movements;

b) public organizations;

in church;

d) trade unions;

e) independent media.

4. Civil society functions.

5. The relationship between civil society and the legal state.

6. Prospects for the development of civil society in modern Russia.

Possible other quantity and (or) other correct formulations of points and sub-clauses of the plan.

5. (1-4). Read the text and execute 1-4 tasks.

"Democracy is essentially a means, utilitarian adaptation to protect the social world and freedom of personality. As such, it is not flawless, it is not reliable in itself. It should not be forgotten that often in the history of cultural and spiritual freedom flourishing accounted for periods of authoritarian rule, and not democracy and that the board of a homogeneous, dogmatic majority can make democracy more unbearable than the worst of the dictators.

To pay attention to the fact that democracy is under threat, it has become fashionable, and some danger lies in it. From here there is an erroneous and unfavorable conviction that, while the highest power in the country belongs to the will of the majority, it is a faithful means of arbitrariness. The opposite statement would be no less mistake: not the source of power, and its limitation is a reliable means of arbitrariness. Democratic control can prevent the authorities to become a dictatorship, but for this should be buried. If democracy solves its tasks with the help of power, not limited to the firmly established rules, it inevitably degenerates in despoty.

When the government should determine how many growing pigs or how many buses should ride on the roads of the country, what coal mines it is advisable to leave in force or so far in the boots stores - all such solutions cannot be derived from formal rules or take once and forever or for a long period. They inevitably depend on the circumstances varying very quickly. And, taking this kind of decision, it has to keep in mind the complex balance of interests of various individuals and groups. In the end, someone finds the grounds to prefer some interests to others. These grounds become part of the legislation. So the privileges are born, inequality arises imposed by the government apparatus ...

The state must be limited to developing general rulesapplicable in situations of a certain type by providing individuals freedom in everything, which is associated with the circumstances of the place and time, because only individuals can know fully these circumstances and adapt their actions to them. And that individuals can consciously make plans, they should have the opportunity to foresee the actions of the government who can influence these plans "(F. Hayek).

1. What role in regulation public Life In a democracy, according to the author, should the state be played? Why otherwise individuals should be free?

2 . What three threats to democracy called the author?

3. Relying on text personal experience and the facts of public life, bring three specific examples of "firmly established rules" of democracy, which do not allow its rebirth in the dictatorship.

1) "The state must confine themselves to the development of general rules applicable in situations of a certain type";

2) "... Only individuals can be needed to fully complete these circumstances (places and time) and adapt their actions to them."

2. Three threats to democracy:

1) "The Board of a homogeneous, dogmatic majority";

2) the power, "not limited firmly established rules";

3) the existence of privileges from individual members of society, inequality.

3. Three concrete examples of "firmly established rules" of democracy, which do not allow its degeneration into the dictatorship:

1) "Democratic control";

2) "Development by the state of general rules applicable in situations of a certain type";

3) "The provision of freedom individuals in everything, which is associated with the circumstances of the place and time";

4) the recognition of the people by the source of power;

5) equality of citizens;

6) the participation of citizens in the management of the state;

7) the selection of the main state authorities;

8) Respect of the Minority Rights.

Three arguments:

1) in a democratic country of the branch of the authorities are controlled by society;

2) in conditions of democracy, political and ideological pluralism is ensured;

3) Thanks to the separation of the authorities, a citizen can be protected from the arbitrariness from the state.

Other arguments can be shown.

Civil society - this is:

    the scope of self-assessment of free citizens and voluntarily formed associations and organizations fenced by relevant laws from direct interference and arbitrary regulation on the part of state power;

    a combination of non-political relations, that is, public relations outside the framework of the powerful structures.

Constitutional state - kind of democratic state, whose political regime relies on strict observance of legality, legal norms that enshrine natural, integral, universal rights and freedoms of human and peoples.

Civil society background

Questions:

1. (1-6). Use the text and execute the tasks 1-6.

There are people who want to be led by virtue of the nature of the passive and pre-effectiveness or the same character, which is spent selfishly expecting to benefit from obedience or from providing support to recognized authorities. Next, there are many people who are generally
do not have taste for participation in public life or have no tendency, needs or opportunities
to engage in public affairs, they remain indifferent and consciously want to burn out from them to avoid the well-known unpleasant parties to participate in public life. Finally, there is a natural physical and spiritual inequality of abilities, intelligence and talent, which themselves dictate a choice for managing organized society and determine the necessary management and its correct organization<…>

The cardinal requirement of democracy is that not only leaders, but also leaders themselves, participating in discussions, criticism, elections and in general political life, sought to get closer to the ideal of the democratic hero. Namely: to get an education, understand your great tasks and get closer to ideals, and the requirements that democracy places
mature citizen man.

The duties of the bilateral: the moral level of this Democratic leader must correspond to the moral level of mature masses of the leading people. They follow their real leader as followed by the artist those whom he is fascinated by the power of his work in other spheres and kingdoms.

(Adapted by KN. E. Benesh)

1) Make up text plan. To do this, highlight the main semantic fragments of the text and encroach each of them.

2) What characterization of the duties of participants in public life in the context of democracy gives the author? How does he explain this characteristic?

3) What qualities (features, properties), according to E. Benesh, characterize the identity ready and able to lead others and lead an organized society? Name any four of them.

4) Specific examples illustrate any three of the characteristics of the "democratic hero" described in the text.

5) Sergey owns a small firm. He considers any participation in public life and plenty of time. He does not go to the election, explaining this by the fact that Sunday is the only day off, which he can afford. How can I explain the position of Sergey? Give a text fragment that can help you answer the question.

6) The text contains three forms (models) of participation in public life. Choose that of them you consider the most correct. With a support for text and social scientific knowledge, bring two arguments (explanations) in defense of their position.

physical and spiritual abilities;

intelligence;

Quality data (features, properties) can be given in other formulations close to the meaning.

4. As an illustration of data in the text of the characteristics of the "democratic hero" such examples can be given:

  1. Good knowledge of laws helps a citizen to participate in discussions, defending their rights.

    Interest in politics makes participating in the political life of the country, to deal with non-fairness.

    The ability to analyze programs of various parties and leaders allows you to make the right choice.

The characteristics of the "democratic hero" can be shown on another example.

5. The correct answer must contain the following items:

    An explanation of the result in the task of a fact, for example: Sergey does not have any interest in public life, it is fully focused on his personal goals and problems. Another explanation given in the task of the fact may be given.

    Text fragment: "There are many people who do not have taste at all to participate in public life or have no tendency, needs or opportunities to deal with public affairs, they remain indifferent and deliberately want to get angry from them to avoid the well-known unpleasant parties to participate in public life "

6. The correct answer must contain the following items:

    One of the three forms (models) of participation in public life.

    Two arguments (explanations) in defense of their choice, for example:

if the first form (model) is selected (passive obedience or support recognized authorities) may indicate that:

      this position allows you to maintain stability in society.

In the case of selection of the second form (model) (consciously tooling the public affairs), it may be indicated that:

    there is a natural physical and spiritual inequality of abilities, intelligence and talent, therefore not all people can be leaders;

    everyone must do their job. If you do not have any abilities to actively participate in public life, honestly do your job, and those who have appropriate abilities are engaged in politics.

In the case of a third form (model) (management of organized society), it may be indicated that:

    if nature has endowed a person with abilities, talent and intelligence that allow you to lead a public life, then such talents "burst into the ground" cannot be carried out;

    only such a position contributes to the development of society, the improvement of people's lives.

Other arguments (explanations) can be given.

The term "civil society" firmly enters the categorical apparatus of lawyers, historians, philosophers, sociologists, political scientists, etc. At the same time, a large variation is obvious both in a particular definition of various authors of the very concept of "civil society" and in approaches to its analysis. You can take out several definitions of this term, but the main idea, of course, they have one.

Civil society is 1) the availability of property at the disposal of people (individual or collective ownership);

the presence of a developed diverse structure, reflecting the diversity of interests of various groups and layers, developed and branched democracy;

high level intellectual, psychological development of members of society, their ability to self-employment in the inclusion in one or another institution of civil society;

the legispriousness of the population, that is, the functioning of the rule of law.

The civil society can be considered such a community of people, where the optimal ratio of all spheres of social life is achieved: the economic, political, social and spiritual, where the constant translational movement of the society is ensured. "Civil society is such a society in which various citizens association (parties, unions, trade unions, cooperatives, groups) communicate between man and the state and do not allow the latter to usurp the person."

That is, if there are civil society, the government is only one element coexisting with various institutions, parties, associations, etc.

All this diversity is called pluralism and assumes that many organizations and institutions of democratic society do not depend on the government for their existence, legality and authority. With the existence of a civil society, the state acts as an expressive of a compromise of various forces in society. The economic basis of civil society is the right to private property. Otherwise, the situation is created when each citizen is forced to serve the state under the conditions that the state power dictates.

In essence, minority interests in civil society express various social, political, cultural and other unions, groups, blocks, parties. They can be both state and independent. This allows individual people to exercise their rights and obligations of citizens of a democratic society. Through participation in these organizations, various ways can influence political decisions.

The concept and structure of civil society

Civil society exists and operates in conflicting unity with the state. In case of democratic mode, it interacts with the state, with a totalitarian - it is in passive or active opposition to the state.

Note that the basis of any civil society is a number of the most common ideas and principles, regardless of the specifics of a particular country. These include:

economic freedom, variety of ownership forms, market relations;

legitimacy and democratic nature of power;

unconditional recognition and protection of natural rights and freedoms of man and citizen;

class World, Partnership and National Consent;

legal state based on the principle of separation and interaction of the authorities;

equality of all before the law and justice, reliable legal protection of the individual;

political and ideological pluralism, the presence of a legal opposition; civil society power state

freedom of speech and press, the independence of the media;

non-accurate state in the privacy of citizens, their mutual responsibilities and responsibilities;

effective social policy providing a worthy standard of living of people.

Thus, civil society is defined as a holistic public system characterized by the development of market relations, the availability of social classes and layers that have their own, independent sources of existence; Economic freedom of manufacturers, the presence of political, social and personal freedoms of citizens, the democracy of political power, the rule of law in all areas of social activities, including the state.

The structure of civil society is internal structure Society, reflecting the diversity and the interaction of its components, ensuring the integrity and dynamism of development.

The system-forming start generating the intellectual and volitional energy of society is a person with its natural needs and interests, externally expressed in legal rights and responsibilities. The components of the structures (elements) of the structure are various generality and association of people and sustainable relationships (relationships) between them.

The structure of modern civil society can be represented in the form of five main systems reflecting the relevant spheres of its livelihoods. This is a social (in the narrow sense of the word), the economic, political, spiritual and cultural and information systems.

IN social sphere Civil Society Institutes are family and various groups of people: labor, service, teams based on mutual friendship, interest groups (clubs, hunting, fishing teams, gardening partnerships, etc.), children's, youth organizations that are not political (for example, the organization of boy-scouts). It should be noted, in this case, there is a social sphere - this is the sphere of all social life, including the economic, political, spiritual and cultural, information sphere.

In the economic sphere, civil society institutions are organizations, enterprises, institutions engaged in the production of material benefits, the provision of various kinds of services, both material and intangible nature (banking and credit institutions, travel firms, organization for compensated legal services).

In the political sphere of civil society institutions are political parties, organizations, movements of various political orientation (right, left, centrist, religious), pursuing political goalsparticipating in the struggle for state or municipal (public authority). This also includes youth political organizations (for example, communist youth unions).

The most important institution of civil society in the political sphere is local government, whose bodies together with the state authorities represent a public authority and are a link between civil society and the state. All of the above institutions together with the state constitute a political system of society. An uniqueness is distinguished by such an institution of civil society as professional unions (trade unions). They act in both political and in the economic sphere.

In the spiritual and cultural sphere, civil society institutions are cultural institutions, creative organizations and unions, educational institutions, Physical and sports clubs, unions (federation), church and religious (confessional) organizations that are not political.

The information sphere of civil society institutions are the media (newspapers and magazines, radio and television, Internet informational pages). In totalitarian state, all the above areas of social life are either completely nationalized, or are under tough, comprehensive control of state bodies, and in an ideological state, which was the former USSR, and under the control of the organizations of the ruling party (in the USSR - the Communist Party Soviet Union - CPSU).

The most nationally developed in the former USSR was the economic and political spheres. In the economic sphere, only the socialist (state and collective and cooperative) form of ownership of production was recognized. Private property was prohibited, criminal liability for private-winning activities and commercial mediation (Article 153 of the Criminal Code of the RSFSR 1960). 11 As a result of this organization, enterprises, institutions engaged in the production of material goods, the provision of various kinds of services both material and intangible Character, were mainly state. Collective form of ownership was collective farms (collective farms), which are engaged mainly in the field of agriculture. In fact, the collective farms used any independence, their activities were fully controlled by government agencies and the CPSU. Production cooperatives represented a negligible percentage in economic system soviet society.

The political sphere of the Soviet society was characterized by tough one-party. No other political parties except the CPSU have not acted. The only youth political organization was the All-Union Leninsky Communist Union of Youth (VLKSM) - Komsomol. Even children's organization was political, the All-Union Pioneer Organization - All-Union Pioneer Organization named after V.I. Lenin.

Local self-government in the former USSR was absent - local councils were part of the system of government bodies and completely obeyed the to higher government agencies.

Professional unions had centralized leadership in the person of the All-Union Central Council of Trade Unions (WCSPS). Legally trade unions were considered public Organization. However, the actual population of trade unions began in the early years Soviet power. They were announced by the "School of Communism" and were actually entering the mechanism of the Soviet state, and the trade unions initially even assigned second place after communist Party. Regarding V.I. Lenin in the work "Children's life" Levizn "in communism" wrote: "The party directly relies on the trade union bodies, which are now, according to the last (April 1920) of the congress, over 4 million people. In fact, everything Guideling institutions of the enormous majority of alliances ... consist of the Communists and conduct all party directives ... then, of course, all the work of the party goes through the tips, which combine the working masses without distinguishing professions ... This is the overall mechanism of the proletarian government, considered "from above ", From the point of view of the practice of dictatorship."

The spiritual and cultural sphere of Soviet society was also undergoing strong defense, and information system Fully in the hands of the state. Over the limits of the state, only the church and religious organizations remained, on the contrary, antireligious, atheistic propaganda was a significant part of the state ideology, and religious institutions And their representatives were periodically subjected to persecution, including a criminal nature.

In the political sphere, there are really multiparty. The minimum was the nationalization of the spiritual and cultural sphere. For example, most pre-school institutions and schools are currently not state, but municipal; Numerous private and other non-state educational institutions operate. The information sphere acts both state and municipal and other (independent) media.

It can be concluded that when the structure of civil society is characteristic, three circumstances should be borne.

First, the above classification is undertaken for training purposes and is conditional. In fact, the named structural parts, reflecting the spheres of the life of society, are closely interrelated and mutually perigreled. The unifying factor, the epicenter of diverse ties between them is a person (citizen) as a set of public relations and a measure of all things.

Secondly, in the study of social, economic and other systems, as relatively independent phenomena, other structural components (ideas, norms, traditions) cannot be underestimated.

Thirdly, it is necessary to see that the binding, arranged factor of the structure and the process of life of the public organism is eligible with its natural general systemic nature, supported by progressive, democratic legislation, that the logic of the development of civil society inevitably leads to the idea of \u200b\u200blegal statehood, a legal democratic society.

Social science. Full course of preparation for Ege Shemkhanova Irina Albertovna

4.6. Civil society and state

Civil society - 1) a set of non-state, non-political relations: economic, social, family, national, spiritual, cultural and creative, moral, religious; 2) Social, economic and cultural space, the production and private life of people, their customs, morals, traditions that are outside the sphere of state-political control and intervention.

IN wide sense Civil society includes all social structures and relations that are not directly regulated by the state. In a narrow sense, this is society at a certain stage of its development, when it acts as the socio-economic basis for a democratic and legal state.

Evolution of the concept of "Civil Society"

liberal interpretation (T. Gobbs, J. Locke): The concept of "civil society" was introduced to reflect the level of historical development of human society from natural to civilized existence;

positive-liberal interpretation (G. Hegel) argues that the basis of civil society is private ownership, and the driving force of historical progress is a state that provides justice, protects a person from accidents, implements universality of interests;

marxist concept (K. Marx, F. Engels) presents civil society as the foundation of human society, and the life activity of individuals is a decisive factor in historical development;

social Democratic Tradition It believes that the state should participate in ensuring the functioning of civil institutions, must necessarily regulate economic, social and other processes, introduce guarantees of the subsistence minimum, etc.

Civil society - the most perfect form of human generality, which includes voluntarily formed community of people, confessional (religious) communities as structural elements; Centers, clubs, funds, media, movements, political parties.

Signs of civil society: Economic freedom and private property; Social stability and guarantees; ensuring the rights and freedoms of man; self-governess and civil activity; Competition and pluralism; Freedom of information I. public opinion; tolerance and openness; legitimacy of power; The presence of a legal state.

Civil society formation prerequisites

Legislative consolidation of legal equality of people on the basis of entering into their rights and freedoms;

Legal freedom of man, its material well-being, freedom of private entrepreneurship, the presence of private property;

The creation of self-development and self-regulation mechanisms, the formation of the sphere of inconsistent relations of free individuals with the ability and real opportunity to exercise their natural rights, freedom of political choice, to act as the only legal source of power.

In civil society, not vertical (hierarchical), but horizontal connections - the relationship of competition and solidarity between legally free and equal partners are dominated.

Structural elements of civil society:

A) in the economic sphere - non-state enterprises: cooperatives, partnerships, joint-stock companies, companies, corporations, associations and other voluntary economic associations of citizens created by them on their own initiative.

B) in the socio-political sphere: classes, various layers and social groups, family as a social cell of civil society; public, socio-political, political parties and movements, expressing the diversity of the interests of various groups of civil society; public self-government bodies at the place of residence and work; mechanism for identifying, forming and expressing public opinion, as well as solving social conflicts; Non-state media.

C) in the spiritual sphere: cultural, ethical ideals and values, freedom of thought, words, real opportunities to publicly express their opinion; Independence and independence of scientific, creative and other associations from state structures.

D) the political and legal framework of civil society form political pluralism, the presence of legal opposition, democratic legislation.

Civil society gives priority to human rights and freedoms, improving the quality of his life: recognition of the natural human right to life, free activities and happiness; recognition of citizens equality in a common framework for all laws; The statement of the legal state subordinating its activities; Creating equality of chances for all subjects of economic and socio-political activities.

The main functions of civil society:

1) encourages a person to comply with generally accepted norms, ensures socialization and education of citizens;

2) protects citizens and associations created by them from illegal interference in their livelihoods;

3) contributes to the formation of democratic state authorities, the democratic development of the entire political system.

The relationship between civil society and the state in a decisive degree depend on the type of political regime: in totalitarian regime, the state, controlling all spheres and levels of society, almost leaves space for civil society; With authoritarian regime, civil society exists, but in undeveloped form and on a limited social space; Democratic regime as part of the constitutional order creates conditions for both the functioning and development of mature civil society and the legal state.

* Mandatory conditions for the existence of civil society are: the availability of the legal state, the principle of the separation of the authorities, submission to the law of the state itself and its bodies, distinguishing the powers of state and non-state institutions. Constitutional, or legal, the state is different from the out-to-office, or policeman, mainly the fact that in it with the help of legislation the relationship between society and the state is enshrined.

* Without a mature civil society, the creation of a legal state is impossible, since only free citizens with high political culture are able to form the most rational forms of the human dormitory.

Constitutional state - The form of organization of political power in the country, based on the rule of law, the rights and freedoms of man and citizen. At the same time, the right plays a priority role only if it acts as a measure of freedom of all and everyone, if the existing laws actually serve the interests of the people and the state, and their implementation is an embodiment of justice.

Signs of the rule of law:

1. Credit supremacy in the state and public life of the legal law:

(a) The legal law taken by either the highest representative body of state power, or by the immediate will of the population (for example, on a referendum), is the basis of the entire system of law and has the greatest legal force.

b) The priority of the right: legal law applies to all areas of public life, all components of society elements, all without exception. In the event of a violation of the prescriptions, the perpetrators are punished with legal law.

c) legal law applies to society and the state itself. It limits, connects the activities of state bodies, officials strictly established by the framework of competence and does not allow any exit of them. This is prevented by arbitrariness, permissiveness and abuse of power in state affairs.

d) Legal Law regulates key issues of state and public life, not allowing priority of group interests. Officially the rule of law is primarily reflected in the country's constitution.

2. Recognition for the personality of integral, irrelevant, inviolable rights and freedoms, mutual responsibility of the state and personality.

3. Organization and functioning of state power based on the principle of separation of the authorities. The powers of various branches of state power in society must be balanced through the system of checks and balances that impede the approval of dangerous one-sidedness in management.

4. Equality of all before the law.

5. Reality of human rights and freedoms, their legal and social security.

6. Recognition of human rights and freedoms by the highest value.

7. Political and ideological pluralism.

8. Stability of legality and law enforcement in society.

Basic principles of the functioning of the rule of law

1. Priority of law: consideration of all issues of public and public life from the standpoint of law, law; the combination of universal moral and legal values \u200b\u200b(rationality, justice) and formal-regulatory values \u200b\u200bof the right (regulativity, equality of all before the law) with organizational and territorial division of the Company and the legitimate public power; the need for an ideologically legal substantiation of any decisions of state and public bodies; The presence in the state necessary for the expression and the action of the right of forms and procedures.

2. Legal security of man and citizen: equality of the parties and mutual responsibility of the state and citizen; Special type of legal regulation and form of legal relations; Stable legal status of a citizen and a system of legal guarantees of its implementation.

3. Unity of law and law.

4. Legal distinguishing of the activities of various branches of state power.

5. The rule of law.

6. Constitutional and legal control.

7. Political pluralism, etc.

The legal state arises where society has persistent democratic, legal, political, cultural traditions, i.e., where there is civil society. To form a legal state, a high level of general and legal culture is required. The legal state requires a powerful economic basis, high standards of life and the dominance of the middle class in the social structure of society; It assumes a certain level of individual and social morality. One of the main prerequisites for the formation of a legal state is the presence of civil society institutions.

This text is a familiarization fragment. From the book social science. Full course of preparation for the exam Author Shemkhanova Irina Albertovna

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From Book Judicial: Cheat Sheet Author author unknown

From the book constitutional law of Russia. Squata Author Petrenko Andrey Vitalevich

From book Social Studies: Cheat Sheet Author author unknown

46. \u200b\u200bCivil society and state. Political Parties Civil Society - a set of non-governmental relations: political, economic, social and religious. Primary civil society: In civil society, the main thing is not a society

From the book Sociology: Crib Author author unknown

25. Signs of society. Disorganisy factors. Civil Society Signs of Society: Integrity; stability (relatively constant reproduction of rhythm and social interactions); dynamism (generation change, continuity, slowdown,

From the Basics of Sociology and Political Sciences: Crib Author author unknown

57. Civil society and its relationship with the legal state Civil society - independent, self-organizing and self-governing part of society. The state includes free relationship between people generated by these relations social

From book encyclopedic Dictionary (Mr) by Brocgauz F. A.

Civil society Civil society - in a special sense used by some lawyers, denotes the set of all persons who, at this time, are involved in the formation of law. Members of the city are or as subjects of the rights,

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Civil society is a concept of a number of humanitarian disciplines, the content of which covers a holistic combination of non-political and non-political spiritual and economic relations in society. G.O. - region of spontaneous self-realization of people (either in the hypostasis

From the book the newest philosophical dictionary Author Gitsovanov Alexander Alekseevich

Traditional society (pre-industrial society, primitive society) The concept focusing in its content a set of ideas about the pre-industrial stage of human development characteristic of traditional sociology and cultural studies. Unified theory of T.O.

From the book understanding processes by Tevosyan Mikhail

society, consisting of independent, independent individuals with fundamental rights and freedoms; The system of voluntary, self-governing communities of people being created to achieve their own goals and interests, the implementation of their abilities and talents: family, economic associations, professional, sports, creative, confessional unions and associations, etc.

Civil relations include the sphere of non-commercial Being: family-related, earthly, educational, educational, religious, moral, consumer money, etc., connecting people joint activities By satisfying material and spiritual needs.

G.O. Supplements the power hierarchical relations, approved by the state, horizontal relations acting on the basis of the principle of self-regulation.

G.O. - Society of pluralism in the economy (multipleness, variety of forms of ownership), politics (multiparty, competitive elections), spiritual life (freedom of speech, conscience, religion).

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CIVIL SOCIETY

includes the whole set of non-political relations in society, that is, economic, spiritual and moral, family-household, religious, demographic, national, etc. Thus, G.O. Multidimensional, self-organizing system, intermediate between family and state, these are naturally developing social, not political relations between individuals. In the civil society system, everyone acts as a submitted state, but as a private person who has its own special, differing from national, life goals. In the formal structural aspect of GO. Represents a combination of voluntary associations, unions, organizations that allow individuals to communicate at the soil of similar spiritual and practical interests. It does not allow citizens to be sealed by the places of autonomous atoms and offers many forms of social cooperation, encourages various manifestations of human solidarity. G.O. - Pretty late historical education, characteristic of the Western civilization of the new time. His emergence assumed two main conditions - the transition of a traditional feudal society into the industrial phase of development and the emergence of mass generations of emancipated citizens conscious of their natural rights. Conducting the Social Initiatives Going "Bottom", G.O. Provides the processes of self-regulation within the civilization system. It complements the vertical power relationsStatements approved by the state, horizontal relations operating on the basis of the principle of self-regulation. The state and identity seemingly initially incompasive social values, if there are developed GO. Care of value isometric. Without encouraging ethnic arbitrariness, nor legal nihilism of individuals, G.O. It helps to strengthen social order, reports to him as a quality as civilization. Consequently, G.O. This is the scope of self-assessment and self-development of the interests of free individuals, as well as voluntarily formed associations, non-governmental organizations Citizens B. democratic countries Civil society is fenced with the necessary laws from direct interference, control and arbitrary regulation by state authorities. Today, civil society is one of the central categories of social philosophy, denoting the part of public being, which focuses the non-state and most active economic, social, spiritual life of people and in which their "natural" rights and freedoms are being implemented, equality of different actors, especially Market space, where all participants regardless of any differences come to each other into free and equal relations. From this point of view, civil society is opposed to the state, whose task is to resolve the political (or in extreme situations - military) means of conflicts between the subjects of civil society and ensuring its normal functioning.

The concept of civil society was formed during the development of global political thought. N. Makiavelli, T. Gobbs and J. Lockey were expressed by the first distinct ideas about civil society. Ideas of natural rights as models of status and moral equality of people, as well as a public contract as a way to control the achievement of consent, formed the basis of a modern understanding of civil society.

Creating a civil society assumed the release of privacy, family and business from under the government. At the same time, the individual received freedom of religion; everyday life emerged from under political guardianship; Individual interest, especially in questions about private property and commercial activities, has supported the law. The presence of a mature civil society means compliance with the inalienable natural human rights, recognition of their moral equality. The central question about the ratio " sovereign state"To the" sovereign people ", which represented the legitimate basis of state power. The system of checks and balances ensured the balance of the balance between the branches of the government, between society and the state, freedom and responsibility, strength and right. The state was not simply expelled from a private life, economy, spiritual life, but, on the contrary, was set by the society under control, which was carried out, in particular, on the issue of the ability of power to ensure the safety of these areas and their freedom, to stop even through legitimate violence. Any claims to render They are pressure from the side of non-state structures, for example, criminal, monopolies, etc.

The idea of \u200b\u200bbuilding a civil society belongs to the liberal thought of the 18th century, which has not yet separated civil liberties from the problems of morality and social equality. Later, the concept of civil society retains a positive attitude towards freedoms of citizens, their rights and duties against the state. The state for its part is interpreted as expressing the interests of citizens. Civil society includes the division of public and private spheres and at the same time their interaction. Based on this principle, women were involved in the public sphere, although only a man was understood under the autonomous and responsible individual.

Today, Western social theories have a set of empirical traits, without which society cannot be called good. The concept of "good society" is based on the idea of \u200b\u200bcivil society and expands its borders. "Good society" is not a reality, but a theoretical tool for analyzing the achievements of humanity in the social sphere and their conceptualization at the level of empirical generalizations. In essential features include: Freedom and human rights, human ability to be responsible in freedom, strive not only for negative freedom-freedom "from" (coercion, dependence), but also to positive freedom - freedom "for" (self-realization, the implementation of their plans , social goals, etc.); achievability of a minimum of social and natural benefits; The presence of social order. Such order has civil society. Classic term of philosophy, political science and legal science up to the 60s. 20 V. Meaning a society that is able to put control of the state. In the 60s. Lawyer R. Nader organized a consumer protection society and produced theoretical expansion of this concept. This is a society that is capable of controlling not only the state, but also wealth. Such attempts were made before in the antitrust law of V. Wilson, in antimonopoly policy, but were not conceptualized in terms of civil society. Before the proclamation of this idea in America, the phrase was popular: "What is good for General Motors, good for America." R. Nader questioned this thesis. Despite the fact that without a state as a body of legitimate violence cannot exist society, it is taken in civil society under control. The same should happen to corporations. In this new doctrine, which up to certain limits (through the lawyer service of consumer society, the Bureau of the Best Service, the Consumer Cases, etc.) is valid in the United States, not only civil liberties and the rights of individual, but also the economic rights that are classically Liberalism is more like the benefits.

Lit.: Modern liberalism. M., 1998; Held D. Models of Democracy. Stanford, 1987; Held D. Prospects for Democracy. NORTH, SOUTH, EAST, WEST. Stanford, 1993; ISAAC K. Civies for Democracy. Wash., 1992; Liberalism and the Good, ED. By R. B. Douglass, G. M. Mare, N. S. Richardson. N. Y.-L., 1990; Pelcynskiz. A. The State and Civil Society. N. U., 1984.

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Civil society is a set of organizations of citizens designed to control the state in compliance with the public contract. The concept of "civil society" was developed by the European philosophers in Liebnitsa, T. Gobbs, J. Locke, Sh. Montesquieu, T. Peyne, K. Marx and others throughout the XVII - XIX centuries. As a result, several signs characterizing civil society
  • Availability of a variety of associations, organizations of citizens, including political parties
  • Relative independence of these organizations from the central government
  • The sense of civil liability of the people
  • Civilized behavior
  • Active civil position

What is a "public contract"?

Public Agreement - Agreement between citizens and the state about their rights and obligations. The people, which, according to the authors of the theory of the GOBS Public Agreement, Locke, Didro, Rousseau and others, the highest power in the country, delegates certain powers to the state, undertaken to carry out the laws established by the state, but, in turn, has the right to observe, monitor and influence the activities states.
The meaning of the conclusion of a contract between society and the state is to gain citizens' guarantees of themselves and their property, supported by the strength and authority of the state. Conditions of a public contract cannot be violated by no power, nor the population without a risk to impede society or in tyranny, or anarchy.

A public contract is not a certain paper with signatures and seals, and such a device of society, when the people and power are partners in the construction of a comfortable, safe, calm, free life of people

The theory of the contract between society and the state is developed by thinkers of the Epoch of Enlightenment. Almost they were implemented to the life of the US independence declaration created by T. Jefferson and adopted at the second continental congress in 1776: "We consider the following truths with self-evident: all people are created equal and endowed with the creator with certain inalienable rights, among which are the right to life, freedom and desire for happiness. To ensure these rights, governments are established among people who borrow their equitable power from the consent of the managed. If this form of government becomes a disastrous for this purpose, the people have the right to change or destroy it and establish a new government based on such principles and with such an organization of power, which, in the opinion of this people, all more can contribute to its safety and happiness. "

"To ensure these rights, among the people of the government, borrowing their equitable power from the consent of the managed"

Conditions for the existence of a "civil society"

  • Market economy
  • High sense of responsibility of citizens for themselves and their family
  • High consciousness that allows you to comply with the laws of a hostel without coercion
  • Existence in society guaranteed by the state of personal rights and freedoms: freedom of speech, press, rallies, meetings
  • Availability of independent media
  • The existence of the right of citizens to choose state authorities, control their work, change them in dissatisfaction with it

Elements of "civil society" in Russia

  • Economy of market relations
  • The existence of political parties
  • Presence ne. political organizations Citizens:
    - professional
    - sports,
    - national cultural,
    - confessional
  • The presence of independent media