The social structure of the neighboring community. Begins with the transition to the neighboring community and continues until the beginning of the period Tribal and neighboring community

The low level of productive forces in the management of the economy required huge labor costs. Labor-intensive work that had to be carried out within strictly defined deadlines could only be performed by a large team; it was also his task to oversee the correct distribution and use of land. Therefore, a large role in the life of the ancient Russian village was acquired by the community of peace, rope (from the word "rope", which was used to measure the land during divisions). Storage of things in the suburbs: inexpensive temporary storage of things topselfstorage.ru.

By the time the state was formed, Eastern Slavs the tribal community was replaced by a territorial, or neighboring, community. The community members were now united, first of all, not by kinship, but by a common territory and economic life. Each such community owned a certain territory on which several families lived. All possessions of the community were divided into public and private. The house, household land, livestock, inventory were the personal property of each community member. In common use were arable land, meadows, forests, reservoirs, fishing grounds. Arable land and mowing were to be divided between families.

As a result of the transfer by the princes of the right to own land to the feudal lords, part of the communities fell under their authority. (A feud is a hereditary possession granted by a senior prince to his vassal, who is obliged to perform court, military service for this. A feudal lord is the owner of a feud, a landowner who exploits peasants dependent on him.) Another way of subordinating neighboring communities to feudal lords was their capture by combatants and princes. But most often, the old tribal nobility, subjugating the community members, turned into boyars-patrimonials.

Communities that did not fall under the rule of the feudal lords were obliged to pay taxes to the state, which in relation to these communities acted both as the supreme authority and as a feudal lord.

Peasant farms and farms of feudal lords had a natural character. Both those and others sought to provide for themselves at the expense of internal resources and had not yet worked for the market. However, the feudal economy could not live completely without a market. With the appearance of surpluses, it became possible to exchange agricultural products for handicraft goods; cities began to take shape as centers of crafts, trade and exchange, and at the same time as strongholds of the power of the feudal lords and defense against external enemies.

The city, as a rule, was built on a hill, at the confluence of two rivers, as this provided a reliable defense against enemy attacks. central part The city, protected by a rampart, around which a fortress wall was erected, was called the Kremlin, Krom or Detinets. There were palaces of princes, courtyards of the largest feudal lords, temples, and later monasteries. From two sides the Kremlin was protected by a natural water barrier. From the side of the base of the Kremlin triangle, they dug a moat filled with water. Bargaining was located behind the moat under the protection of the fortress walls. The settlements of artisans adjoined the Kremlin. The handicraft part of the city was called posad, and its individual districts, inhabited, as a rule, by artisans of a certain specialty, settlements,

In most cases, cities were built on trade routes, such as the route "from the Varangians to the Greeks" or the Volga trade route, which connected Russia with the countries of the East. Communication with Western Europe supported also on land roads.

The exact dates of the founding of ancient cities are unknown, but many of them existed at the time of the first mention in the annals. For example, Kyiv (the legendary chronicle evidence of its founding dates back to the end of the 5th-6th centuries), Novgorod, Chernigov, Pereyaslavl South, Smolensk, Suzdal, Murom, etc. According to historians, in the 9th century. in Russia there were at least 24 large cities that had fortifications.

At the head of the East Slavic tribal unions were the princes of the tribal nobility and the former tribal elite - "deliberate people", "best men". The most important issues of life were decided at the people's meetings and veche gatherings.

There was a militia ("regiment", "thousand", divided into "hundreds"). At the head of them were the thousand, sotsky. special military organization was a squad. According to archaeological data and Byzantine sources, East Slavic squads appeared already in the 6th-7th centuries. The druzhina was divided into the eldest, from which ambassadors and princely administrators came out, who had their own land, and the youngest, who lived with the prince and served his court and household. The warriors, on behalf of the prince, collected tribute from the conquered tribes. Such campaigns for the collection of tribute were called "polyudye". The collection of tribute usually took place in November-April and continued until the spring opening of the rivers, when the princes returned to Kyiv. The unit of tribute was smoke (peasant yard) or land area cultivated peasant yard(ralo, plow).

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;color:#000000">Introduction…………………………………………………………………….	;color:#000000">3
"> Chapter 1. The system of authorities and administration in the ancestral community is tribal and neighborhood community…………………………………………………………..	;color:#000000">5
">Periodization of the development of primitive society…………………….	;color:#000000">5
;color:#000000">1.2 "> Types of primitive communities and organization of management in them……….	;color:#000000">8
"> Chapter 2. The system of authorities and administration of the tribal and neighboring community………………………………………………………………………….	;color:#000000">12
;color:#000000">2.1 Organization of management in the primitive community……………………	;color:#000000">12
;color:#000000">2.2 "> Regulatory regulation in the pre-state era…………..	;color:#000000">18
;color:#000000">Conclusion………………………………………………………………….	;color:#000000">25
;color:#000000">List of used sources……………………………………..	;color:#000000">28

"> INTRODUCTION

"> Being dependent on nature, on harsh climatic conditions, people had to act together. Since they could only survive in a team this determined the appropriate social organization of society genus, tribal community. Genus is in in a certain sense family (because relatives), it is also a family-production union of people based on consanguinity or alleged kinship, collective labor, joint consumption, common property and social equality. In order to survive, people had to work together, produce the necessary material goods for life. This determined the joint ownership of property and production goods and the equal distribution of these goods.

"> The tribal community, being a form of organization of human society, knew power and control. Power and society coincided, each member of society is the bearer of a particle of this power. Governance and power are not separated from society. The difference between members of society is only on the basis of gender and age.

"> Primitive society was more or less homogeneous-collectivist, did not know social and other stratification. Gradually, the structure of society changed: with a change in economic relations, social communities, groups, classes appeared that had their own interests and characteristics. Together with human society, social power as its integral and necessary element. It betrays society integrity, manageability, serves an important factor organization and order. This is a stimulating element that ensures the vitality of society. Under the influence of power, social relations become purposeful, acquire the character of managed and controlled relations, and the joint life of people becomes organized. Thus, social power is an organized force that ensures the ability of one or another social community kind, group, class, people (ruling subject) "> subjugate people (subjects) to their will, using various methods, including the method of coercion.

">Goal term paper: to study the organization of power in primitive society.

"> Tasks of the course work:

"> - to study the system of authorities and administration in the ancestral community of the tribal and neighboring communities;

"> - to study the system of authorities and administration in the tribal community and the neighboring community.

"> The information base for writing a term paper was study guides and literature by various authors.

"> Power in a primitive society personified the strength and will of the clan or unions of clans; the source and carrier of power (the ruling subject) was the clan, it was aimed at managing the common affairs of the clan, all its members were subject (the object of power). Here the subject and object of power completely coincided, therefore it was by its nature directly public, that is, inseparable from society and not political. The only way to implement it was public self-government. Neither professional managers nor special enforcement agencies existed then.

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">CHAPTER 1

"> THE SYSTEM OF AUTHORITIES AND MANAGEMENT IN THE GREAT-COMMUNITY OF THE GENIUS AND NEIGHBOR COMMUNITIES

1. "> Periodization of the development of primitive society

"> In the history of human society, primitive society occupies a rather significant period of time several millennia. In its development, it has gone through several periods.

"> For a long time, two periods were distinguished"> matriarchy "> and "> patriarchy ">. It was believed that at first there existed"> matriarchy, "> that is, the maternal clan, in which the woman dominated, and the relationship in which was carried out along the maternal line. To replace"> matriarchy "> comes "> patriarchy, "> with which the decomposition of primitive society begins. In modern science This periodization has been criticized, and some scholars believe that"> matriarchy "> took place only among some peoples, in addition,"> matriarchy "> is seen as a dead end development path.

"> Instead of this periodization, modern science proposes another periodization, according to which primitive society passes"> three periods ">:

" xml:lang="en-US" lang="en-US">p">annie "> the period of the formation of the primitive communal system, the period of the fore-community;

" xml:lang="en-US" lang="en-US">c"> middle "> the period of maturity of primitive society, tribal community;

"> late "> the period of the collapse of the tribal community or the era of class formation.

"> In addition to this periodization, modern science also proposes another periodization primitive society goes through two stages or periods:

">first "> the period of the appropriating economy;

">second "> the period of the producing economy.

"> Before its decomposition, the primitive society existed for several millennia, but was at a rather low level of development, the economy of this period was appropriating.

"> Being dependent on nature, on harsh climatic conditions, people had to act together. Since they could only survive in a team this determined the appropriate social organization of society"> clan, tribal community">. ">Genus "> in a certain sense, this is a family (because relatives), it is also a family-production union of people based on consanguinity or alleged kinship, collective labor, joint consumption, common property and social equality. In order to survive, people had to work together, to produce the necessary material goods for life."> joint ownership"> on property and production goods and">equal distribution"> these "> goods ">.

"> The tribal community, being a form of organization of human society, knew power and control. Power and society coincided, each member of society is a carrier of a particle of this power. Governance and power are not separated from society."> The difference between the members of society only"> ">gender and age.

"> Power in primitive society is usually called">Patestary ">. Such power did not know any property, estate or class differences, it was not of a political nature, was not cut off from society, did not stand above it, was based on the strength of public opinion. Power in primitive society was essentially">primitive communal democracy">, which was built on the principles of self-government and did not know a special category of people who would exercise only power and control and did not participate in production activities.

"> Power in the tribal community belonged"> The National Assembly of all adult members of the clan">, which resolved all the most important issues of the life of the clan, also performed a judicial function. Power was vested in the council of elders, as well as elders, leaders, military leaders, priests. The council of elders met sporadically, where the issues that were then submitted to the People's Assembly were preliminarily considered.

"> Elders, military leaders"> were ">first among equals,"> were elected for personal qualities ( physical strength, organizational skills, etc.) and initially did not have any privileges. Anytime"> elder "> could be removed from office by the clan assembly and replaced by another. In addition to the elders, he was elected for the duration of the war">warlord "> if necessary, and other officials:"> sorcerers, shamans, priests"> and others.

"> Over time, the leaders of the tribal community accumulated management experience and special knowledge that was inherited.

"> Due to changes in natural and climatic conditions, a decrease in the biomass of animals (due to constant hunting for them and deforestation), people were forced to expand their nutritious diet through plant foods. Many tribes began to engage mainly"> agriculture. "> In addition, people noticed that it is easier to breed, domesticate animals than to constantly hunt them appeared"> cattle breeding ">. Appeared "> the first division of labor">, the production result to a large extent began to depend on the individual. For the first time,">excess product">, which can be freely alienated. The division of labor led to the improvement of tools of labor, their diversity the craft grew into an independent branch of production. Appeared">exchange "> the results of labor between pastoralists, farmers and artisans appeared"> merchants ">.

"> Individualization of labor and obtaining a surplus product led to"> property division"> on private (created by personal labor) and common (received from ancestors, land). Private property was concentrated in the hands of persons exercising power, first sporadically, then systematically. In addition, all persons endowed with public power receive privileges (on part of the spoils of war, etc.) Public authority became more and more distant from society, its powers expanded, society was divided into rich and poor.Slaves and captives of other tribes appeared.

"> Reasons for the emergence of the state:

"> 1. division of labor (transition from an appropriating economy to a producing one);

">2. occurrence private property;

"> 3. the emergence of classes.

"> In any society there are"> social regulators"> that affect the development of social relations, the behavior of people. In primitive society,"> system of mononorms">, which regulated relations between its members that are significant for the life of the tribal community. Mononorms were uniform, obligatory, indisputable for the whole society, they were developed by society itself in the process of everyday life. There is no difference in rights and obligations in them. Only later do the first"> taboo "> they were isolated, for example, "they will not destroy close relatives", "prohibitions on self-mutilation", "prohibition on incest". These prohibitions were the result of objective reasons contributed to the survival of the tribal community.

"> In addition to the tribal community, primitive society also knew some other larger forms of organization. This"> phratries "> (brotherhoods), ">tribes, unions of tribes">. These forms of organization differed little from the tribal community."> Phratry "> was considered intermediate form between a tribal community and a tribe the union of several clans close by family ties.

1. "> Types of primitive communities and organization of management in them

"> It is customary to distinguish three types of communities: tribal community, family and neighborly.

"> 1. The tribal community replaces the primitive herd, and is an economic and social association of blood relatives on early stage primitive communal period matriarchy.

"> Joint labor activity, a common home, a common fire all this united, rallied people. There was a strengthening of social ties caused by the need for a joint struggle for their existence. Unlike animals, a person already cared not only about himself and his own children, but also about the whole community.Instead of eating all their prey on the spot, the hunters of the Mousterian period carried it to a cave, where women, as well as children of the clan, engaged in tribal households, remained by a blazing fire.

"> Thanks to hunting and relative settled life, dwellings began to serve not only as protection against adverse environmental conditions and large predators, but also became economic bases, places for storing food and preparing them, a place for making tools and processing skins, etc.

"> So the first ancient forms tribal society, maternal tribal community, in which all its members were connected by ties of kinship. Due to the forms existing at that time marital relations only the mother of the child was well known, which, together with the active role of women in economic life, as the guardians of the hearth, determined her high social position.

"> The further development of the family went along the line of narrowing the circle of persons participating in marital communication between generations of parents and children, then between uterine brothers and sisters, etc.

"> 2. The family community (domovaya, patriarchal family) the next stage of the community after the tribal community, which arose from the tribal community during the period of matriarchy growing into patriarchy. This was a transition from group marriage based on maternal law, first to large patriarchal families, and in further to modern families.

"> The emergence of a family community is associated with the development of social relations and tools, the complication of economic technologies (transition to plow farming, cattle breeding, etc.). A family community usually includes several generations of immediate relatives descendants of one father with their wives and children, sometimes with sons-in-law and other relatives.The size of the family community could reach 100 or more people.At the heart of the family community is the collective ownership of land and tools for common use, the collective nature of labor and the almost egalitarian consumption of products.

"> At the first stages of the development of the family community, management was democratic in nature, where the head of the family was considered the "senior" man (not necessarily the oldest), often elected (the one who knew more than others, knew how, could organize others ...). The power of the "senior" was limited to the advice of adult men of the entire family community.Along with the man, the household was also headed by the "senior" woman, as a rule, the wife of the "senior" man

"> With the development of the patriarchal family, the head of the family became more and more powerful, the election of the "senior" disappears, it is replaced by the right to inherit the position of "senior". The common ownership of land and family tools is gradually becoming the sole property of the elder, turning into private property. "Elder" acquires full power over other members of the family. Subsequently, both the property and the money that has appeared also become the property of the head of the family community. Property and legal differences appear in the depths of the family. Closer family members to the head of the community (sons and daughters) become heirs of all or part The disintegration of large communal families into smaller and smaller ones with their own part of the property begins.This, in the end, leads to the disintegration of patriarchal families.

"> During the period of patriarchy, the family community is part of the patriarchal clan. Further, the family community develops into a neighboring community.

"> 3. The neighboring (rural, land) community is a historical form of social relations that arose during the collapse of tribal relations. The basis of the neighboring community is family ownership of part of the main means of production and the family nature of labor. The neighboring community consists of many small almost independent families of the modern type (dualism) During the period of existence of the neighboring community, humanity began to be divided in property due to differences in abilities, skills, enterprise, diligence.

"> At the same time, the level of development also required the need to maintain the unity of the neighboring community. At the first stage, the neighboring community retains a single ownership of arable land, forests, pastures and other lands. But in private ownership there was already a house, yard, cattle, etc. In the future arable land and other lands have also passed into private ownership.As a neighboring community develops, family ties lose their significance and strength, they are replaced by neighboring and territorial ties.The localization of clans and the kinship unity of settlements are violated.Certain clan groups and families break away from their clan and move to new places or to other clans.A neighborly type of settlements arises, which includes representatives of various clans.Initially, the neighboring communities consisted of large family communities, but as they developed, they became smaller and smaller, up to the modern look.

"> In the neighboring communities, close family relations were still preserved, as a result of which, many related family communities or small families in the settlement were located nearby, creating the so-called tribal quarters, owned adjacent lands. But with further development, this relationship is gradually losing its significance more and more Neighboring communities were most developed in the territories ancient east where they have existed for thousands of years.

"> Thus, the ancient people who appeared at the dawn of the human era were forced to unite in herds in order to survive. These herds could not be large no more than 20-40 people because otherwise they would not be able to feed themselves. The leader of the primitive herd was the leader , advanced due to personal qualities.Individual herds were scattered over vast territories and had almost no contact with each other.

">CHAPTER 2

"> THE SYSTEM OF AUTHORITIES AND MANAGEMENT IN THE GENIUS AND NEIGHBOR COMMUNITIES

"> 2.1 Organization of management in the primitive community

"> Considering a primitive society, social management (power) and regulatory regulation in it, different researchers adhere to different concepts on this issue.

"> Power in primitive society was not homogeneous. At the head of the family-clan group was the father-patriarch, the eldest among the younger relatives of his generation and subsequent generations. The head of the family group is not yet the owner, not the owner of all its property, which is still considered general, collective. But thanks to his position as a senior and responsible leader of the economy and the life of the group, he acquires the rights of a manager. It is on his authoritarian decision that it depends on whom and how much to allocate for consumption and what to leave as a reserve, for accumulation, etc. He determines how to dispose of the surplus, the use of which is closely related to the relationship in the community as a whole.The fact is that the family unit, being part of the community, occupies a certain place in it, and this place, in turn, depends on a number of factors, objective and subjective.

"> The problem of resources in a community at an early stage of its existence is usually not worth it - there is enough land for everyone, as well as other lands. True, something depends on the distribution of plots, but this distribution is made taking into account social justice, not rarely by lot. Another thing subjective factors that manifested themselves so tangibly in the local group and, perhaps, even more noticeable in the community, although in a slightly different way.Some groups are more numerous and more efficient than others; some patriarchs are smarter and more experienced than others. All this affects the results: some groups The less fortunate pay the price of having their groups smaller because they don't get or get fewer women, and therefore fewer children. not that some are full, others are hungry, because the mechanism of reciprocal exchange functions reliably in the community, which plays the role of a hovki.

"> In the community there are always several highest prestigious positions (elder, council members), the possession of which not only increases the rank and status, applicants who solicit them, mainly from the heads of family groups, must either acquire considerable prestige in approximately the same way as it was done in local groups, i.e. through the generous distribution of surplus food.But if in a local group the applicant gave away what he got, now the head of the group could distribute what was obtained by the labor of the whole group, whose property he had the right to dispose of.Thus, the elder had the right to dispose of the resources of the community at his own discretion, and this, in turn, speaks of the great authority of the elder, and this is already an indicator of the manifestation of power.

"> Speaking about the social structure, power and management in a primitive society, it is necessary to keep in mind mainly the period of a mature primitive society, because during the period of disintegration, the primitive communal system and its inherent power and management undergo certain changes.

">For social structure Mature primitive society is characterized by two main forms of association of people clan and tribe. Almost all the peoples of the world have passed through these forms, in connection with which the primitive communal system is often called the tribal organization of society.

"> The clan (clan community) is historically the first form of public association of people. It was a family-production union based on consanguinity or alleged kinship, collective labor, joint consumption, common property and social equality. Sometimes the clan is identified with the family. However, this is not quite so. The clan was not a family in its modern sense. A clan is precisely a union, an association of people related to each other by family ties, although in a certain sense a clan can also be called a family.

"> Another most important form of public association of primitive people was a tribe. A tribe is a larger and later social formation that arises with the development of primitive society and an increase in the number of tribal communities. A tribe is a union of tribal communities based again on kinship ties, which has its own territory, name, language, common religious and everyday rites.The unification of tribal communities into tribes was caused by various circumstances, including such as joint hunting for large animals, repelling attacks by enemies, attacks on other tribes, etc.

"> In addition to clans and tribes in primitive society, there are also such forms of association of people as phratries and unions of tribes. Phratries (brotherhoods) are either artificial associations of several clans connected by family ties, or the original branched clans. They were an intermediate form between a clan and a tribe and did not take place among all, but only among some peoples (for example, among the Greeks). Tribal unions are associations that arose among many peoples, but already during the period of decomposition of the primitive communal system. They were created either to wage wars or to protect against external enemies According to some modern researchers, it was from the unions of tribes that the early states developed.

"> Clans, phratries, tribes, unions of tribes, being various forms public association of primitive people, at the same time differed little from each other. Each of them is only a larger one, and therefore more complex shape compared to the previous one. But they were all the same type of associations of people, based on blood or supposed relationship.

"> Consider how Marx K. and Engels F. imagined power and control in the period of a mature primitive society.

"> Power as the ability and ability to exert a certain influence on the activities and behavior of people using any means (authority, will, coercion, violence, etc.) is inherent in any society. It arises along with it and is its indispensable attribute. Power gives organization, manageability and order to society.Public power is public power, although often public power means only state power, which is not entirely correct.Management is closely connected with public power, which is a way of exercising power, putting it into practice. - means to manage, dispose of someone or something.

"> The public authority of primitive society, which, unlike state power often referred to as potestary (from the Latin "potestas" power, power), inherent following features. Firstly, she was not cut off from society and did not stand above it. It was carried out either by the society itself, or by persons chosen by it, who did not have any privileges and could at any moment be recalled and replaced by others. This government did not have any special administrative apparatus, any special category of managers that exists in any state. Secondly, the public power of primitive society relied, as a rule, on public opinion and the authority of those who exercised it. Coercion, if it took place, came from the whole society clan, tribe, etc., and any special coercive bodies in the form of an army, police, courts, etc., which again exist in any state , was not here either.

"> In the tribal community, as the primary form of uniting people, power, and with it management, looked as follows. The main body of both power and administration was, as is commonly believed, the tribal assembly, which consisted of all adult members of the clan. It decided everything the most important issues of the life of the tribal community. To solve current, everyday issues, it chose an elder or leader. An elder or leader was elected from among the most authoritative and respected members of the clan. He did not have any privileges compared to other members of the clan. Like everyone else, he took part in productive activity and, like everyone else, received his share.His power rested solely on his authority and respect for him from other members of the clan.At the same time, he could at any time be removed from his post by the clan assembly and replaced by another.Except for the elder or The tribal assembly elected a leader (commander) for the period of military campaigns and some other "official" persons priests, shamans, sorcerers, etc., who also did not have any privileges.

"> In the tribe, the organization of power and control was approximately the same as in the tribal community. The main body of power and control here, as a rule, was the council of elders (leaders), although along with it there could also be a popular assembly (tribal assembly). The council of elders included elders, leaders, military leaders and other representatives of the clans that make up the tribe.The council of elders decided all the main issues of the life of the tribe with the broad participation of the people.To resolve current issues, as well as during military campaigns, the leader of the tribe was elected, whose position is practically nothing did not differ from the position of an elder or leader of a clan.Like an elder, the leader of a tribe did not have any privileges and was considered only the first among equals.

"> The organization of power and administration in phratries and tribal unions was similar. Just like in clans and tribes, people's assemblies, councils of elders, councils of leaders, military leaders and other bodies meet here, which are the personification of the so-called primitive democracy. No special apparatus management or coercion, as well as power isolated from society, does not yet exist here.All this begins to appear only with the disintegration of the primitive communal system.

"> Thus, from the point of view of its structure, primitive society was a fairly simple organization of people's life, based on family ties, collective labor, public property and social equality of all its members. Power in this society was truly folk character and was built on the principles of self-government. There was no special administrative apparatus that exists in any state, since all issues of public life were decided by the society itself. There was also no special apparatus of coercion in the form of courts, army, police, etc., which is also an attribute of any state. Coercion, if there was a need for it (for example, expulsion from a clan), came only from society (clan, tribe, etc.) and no one else. Speaking modern language, the society itself was both a parliament, and a government, and a court.

"> The power features of the tribal community are as follows:

"> 1. Power wore public character, came from the whole society as a whole (this was manifested in the fact that all important matters were decided by the general meeting of the clan);

"> 2. Power was built on the consanguineous principle, that is, it extended to all members of the clan, regardless of their location;

"> 3. There was no special apparatus of management and coercion (power functions were performed as an honorary duty, elders and leaders were not exempted from productive labor, but simultaneously performed both managerial and production functions - therefore, power structures were not separated from society);

"> 4. Neither the social nor the economic situation of the applicant influenced the occupation of any positions (leader, elder), their power was based solely on personal qualities: authority, wisdom, courage, experience, respect for fellow tribesmen;

"> 5. The performance of managerial functions did not give any privileges;

"> 6. Social regulation was carried out with the help of special means, the so-called mononorms.

"> 2.2 Regulatory regulation in the pre-state era

"> Consider the normative regulation in the pre-state era. At the end of the 70s, the concepts of primitive mononorm and mononormatics were proposed to domestic ethnology. The mononorm was understood as an undifferentiated, syncret rule of behavior that cannot be attributed to either the field of law or the field of morality with its religious awareness, nor to the field of etiquette, as it combines the features of any behavioral norm.

"> The concept of primitive mononorm has received significant recognition and further development in Russian ethnology, archeology, and most importantly, in theoretical jurisprudence. Scientists began to distinguish two stages in the evolution of primitive mononorm: classical and related to the time of its stratification.

"> A special opinion on the first stage of mononormatics was expressed by the largest domestic historian of primitiveness, Yu.I. Semenov. At the beginning of this stage, he singled out taboo - a set of not always clear, but formidable prescriptions punishable by death for such grave crimes as, for example, incest, Violation of exogamy. As is known, violation of exogamy is one of the manifestations of sexual taboos, which are devoted to impressive literature.

"> The question of the origin of law, as well as the question of the origin of the state, does not have an unambiguous solution in the modern domestic theory of the state and the law. If in the Soviet period the point of view was dominant, according to which law arises simultaneously with the state by virtue of the same reasons for the split of society into antagonistic classes, other opinions are currently being expressed on this score.

"> If we summarize the opinions expressed in modern domestic literature regarding the time and causes of the emergence of law, then three main positions can be distinguished. Some researchers still associate the emergence of law with the emergence of the state, although they see the reasons for its emergence not so much in the split of society into antagonistic classes, how much predominantly in the development of the producing economy and the need to regulate it. According to others, law does not arise simultaneously with the state, but somewhat earlier, when commodity-market relations begin to take shape and develop, since it is precisely this kind of social relations that require law and legal regulation. some representatives of this point of view believe that the emergence of law led to the emergence of the state, since law needed to be ensured by an organized force, and only the state could be such a force capable of ensuring the normal functioning of law. Representatives of the third point of view proceed from the fact that law arises simultaneously with society, since without law society cannot exist or develop. The initial postulate of this position is as follows: where there is society, there is law.

"> In Russian, as well as in other languages, the word "right" has different meanings. Even legal science uses this word in different senses. Therefore, speaking about the origin of law, it would not be superfluous to clarify the origin of which law in question natural or positive. The fact is that in the domestic theory of state and law it is now customary to distinguish between natural law and positive law. Natural law is a right in the so-called general social sense. This is a socially justified opportunity, the freedom of a certain behavior of people. People, entering into various relations with each other (social relations), have the ability to perform certain actions, the ability to behave in a certain way in a given situation. Such opportunities develop as if on their own, in a natural way, in the process of people communicating with each other. They receive public recognition and are fixed in certain rules ah behavior (primarily in customs).

"> Positive law is a right in a legal sense. These are rules (norms) of people's behavior established or sanctioned (permitted, approved) by the state, containing various instructions on how you can or should behave in a particular situation.

"> Natural and positive law can be interconnected. But they are not identical to each other and do not arise at the same time. Historically, natural law is the first to arise, receiving its expression and consolidation in the norms of behavior of primitive society. What these norms were, there is a clear answer science does not give.However, many researchers are inclined to believe that these norms were primitive customs that gradually developed in communication between people and then passed on from generation to generation.They "lived" in the minds of people and did not have writing. Outwardly, they manifested themselves directly in the behavior of people, often taking the form of rites and rituals.

"\u003e Were primitive customs law? Some of the modern researchers answer this question in the affirmative. However, we can agree with this only if the right here is understood as natural law. But even in this case, it is hardly correct to call primitive customs law, since they expressed no less (if not more) primitive religion and primitive morality.In this connection, primitive customs might just as well be called religion or morality.Besides, these customs did not yet clearly distinguish between the rights and duties of members Therefore, it is quite justified to call them mononorms, as many modern researchers do, given that in primitive customs syncretically, i.e. in unity, in an undivided form, legal, religious, and moral (moral) principles are expressed.

"> With the transition of primitive society to a producing economy, with the emergence and development of commodity-market relations, new customs gradually begin to take shape, customs with proper legal content. In them, unlike primitive customs, rights and obligations are already distinguished, i.e. the opportunity and the need for certain behavior. This is how legal customs or customary law arise. Was it a law in a legal sense? It seems that it is not yet, since a law in a legal sense is a positive law, a right either established or sanctioned by the state. Here, states have not yet was, but there was a pre-state period. Therefore, the legal customs of this period are not yet positive law, but proto-law, a law that has not lost its natural character, but has already begun to acquire certain legal qualities. This was expressed at least in the fact that, along with the rights legal customs began to distinguish between duties.

"> Finally, with the emergence of the state, positive law arises, i.e. law in the legal sense. It is already provided by the state, state coercion and clearly delineates legal rights and obligations. It is customary to distinguish three main ways in which positive law arises sanctioning customs, creating legal precedents and establishment of normative legal acts.

"> The sanctioning of customs (more precisely, legal customs) is the earliest way for the emergence of positive law. It was expressed in the fact that state bodies, primarily the courts, solving specific issues, based their decisions on the relevant legal customs, thereby giving legal significance to these customs. Over time, legal customs began to be systematized and take on a written form, and this is how the first sources of positive law arose.

"> The creation of legal precedents is also a rather early way of the emergence of positive law. In some states (for example, in England), court decisions made on the basis of legal customs gradually became models, original standards for solving similar cases. This kind of judicial, and then administrative decisions , formed case law, which became another source of positive law.

"> The establishment of regulatory legal acts (laws, ordinances, decrees, etc.) is considered a later way of the emergence of positive law compared to the first two. It is expressed in the issuance of special documents (regulatory legal acts) by state bodies that contain legal norms rules of conduct emanating directly from the state.The state resorts to this method either when legal customs and legal precedents cease to be sufficient to regulate social relations, or when the state, especially in the person of its central bodies, seeks to actively influence public life This way of emergence of positive law is especially characteristic of modern states.

"> The system of normative regulation in primitive society is characterized by the following features:

"> 1. Natural-natural (as in the organization of power) character, historically determined process of formation.

"> 2. Action based on the custom mechanism.

"> 3. Syncretism, indivisibility of the norms of primitive morality, religious, ritual and other norms.

"> 4. The prescriptions of the mononorms did not have a grant-binding character: their requirements were not regarded as a right or an obligation, because they were an expression of the socially necessary, natural conditions of human life. F. Engels wrote about this: “Inside the tribal system, there is still no difference between rights and duties; for an Indian, there is no question whether participation in public affairs, blood feud, or the payment of a ransom for it is a right or an obligation; such a question would seem to him as absurd as the question whether eating, sleeping, hunting are a right or duty? A clan member simply did not separate himself and his interests from the clan organization and its interests.

"> 5. Dominance of prohibitions. Mostly in the form of a taboo, that is, an indisputable prohibition, the violation of which is punishable by supernatural forces. It is assumed that historically the first taboo was the prohibition of incest consanguineous marriages.

"> 6. Distribution only to a given tribal team (violation of the custom "related business").

"> 7. Normative and regulatory significance of myths, sagas, epics, legends and other forms of artistic public consciousness.

"> 8. Specific sanctions condemnation of the offender's behavior by the tribal team ("public censure"), ostracism (expulsion from the tribal community, as a result of which a person found himself "without clan and tribe", which was practically tantamount to death). Corporal injuries and the death penalty.

"> Law, like the state, arises as a result of the natural-historical development of society, as a result of processes occurring in the social organism. At the same time, there are various theoretical versions of the origin of law. One of them is very detailed in the theory of Marxism. Approximate scheme is as follows: social division of labor and the growth of productive forces surplus product private property - antagonistic classes state and law as instruments of class domination. Thus, in this model, the political reasons for the emergence of law are brought to the fore. There is a need to regulate the production, distribution and exchange of goods, to harmonize the interests of different social strata, class contradictions, that is, to establish general order, corresponding to the needs of the producing economy .

"> The formation of law is manifested:

"> a) in the recording of customs, the formation of customary law;

"> b) in bringing the texts of customs to the public;

"> c) in the emergence of special bodies (state) responsible for the existence of fair universal rules, their official consolidation in clear and accessible forms, ensuring their implementation.

"> In the sanctioning of customs and the creation of judicial precedents important role the judicial activity of priests, supreme rulers and persons appointed by them played a role.

"> Thus, a fundamentally new regulatory system (law) arises, which is distinguished by the content of the rules, ways of influencing people's behavior, forms of expression, and mechanisms for ensuring.

"> The era of the primitive or tribal community opens with the emergence of the first lasting forms social organization clan and tribal community. Since the social organization of primitive society was based on kinship relations, this organization was defined as a tribal system. A clan or tribal community is an association of people based on actual or supposed consanguinity, as well as community of property and labor. Members of the genus are united by blood relationship, joint collective labor and community of property.

"> CONCLUSION

"> In conclusion, we draw the following conclusions.

"> Humanity has gone through a number of stages in its development, each of which is distinguished by a certain level and nature of social relations (cultural, economic, religious). The largest and longest stage in the life of society was the time when there was neither state nor law. This period covers millennia, from the appearance of man on earth to the emergence of class societies and states. In science, the name of a primitive society or a communal tribal system was assigned to it. The primitive organization was the longest in the history of mankind. According to scientists, archaeologists, its lower limit dates back to less than 1.5 million years ago, and some authors attribute it to the most remote time.The upper limit of primitiveness fluctuates within the last 5 thousand years.

"> Primitive society in its development went through the following eras:

"> 1. The era of the ancestral community or the primitive human herd. The content of the era is the overcoming in the process of labor activity of the remnants of the animal state inherited from prohumans, and it is characterized by the completion of the biological development of man himself.

"> 2. The era of the primitive or tribal community. The era opens with the emergence of the first strong forms of social organization - the clan and the tribal community. Since the social organization of primitive society was based on kinship relations, this organization was defined as a tribal system. The clan or tribal community is an association people, based on actual or supposed consanguinity, as well as the community of property and labor.Members of the genus are united by consanguinity, joint collective labor and community of property.

"> The tribal system among many peoples took place in 2 stages:

"> Matriarchy (maternal tribal system).

"> Patriarchy (paternal tribal system).

"> In the era of the formation and development of the tribal system, the main form of social organization was the maternal clan. A woman plays an important role in social production. She, like a man, participates in obtaining a livelihood, but her work, which consists in collecting and storing fruits, cooking , and most importantly, in the cultivation of the land with the help of a primitive hoe, was much more productive than the labor of a male hunter.At the same time, kinship was determined by the maternal line this is the second reason explaining the dominant position of women in the tribal community.Men were less significant at that time. But when cattle breeding, agriculture, metal smelting, the manufacture of tools, weapons became the lot of men, then they began to play a decisive role in social production, and the dominant position in the tribal community passes to the man. There have been serious changes in marriage and family relations. was determined in the male line.

"> For the genus, as the primary organization of primitive society, the following features are inherent:

"> 1. The clan is a personal, not a territorial union. The association of people was not associated with any territory. The clans could move, but their organization was preserved.

"> 2. There was public self-government in the clans. The tribal community, which included from several tens to several hundred people, was managed by an elder who was elected by all members of the clan. The position of elder is not hereditary, and could be replaced by any member of the clan, like men At the time of hostilities resulting from clashes between clans, a military leader was elected. An elected elder and commander worked on an equal footing with members of the clan, and the clan could displace them at any time. All this makes it possible to characterize public power under the tribal system as primitive communal democracy (potestary power).

"> 3. The clan is characterized by unity, mutual assistance and cooperation. Issues that arose were resolved by a general meeting of all members of the clan, and the elder brought these decisions to life. Disputes between members of the clan were usually resolved by those whom they concerned. Coercion was a relatively rare occurrence and it, as a rule, it consisted in the imposition of duties for wrongdoing.The extreme form of punishment is expulsion from the clan.

"> The clan also gave protection to all its members from external enemies, both by its military force and by the deeply rooted custom of blood feud. Thus, the clan is the main initial cell of human society in the primitive communal system. Separate clans united into larger associations. Tribes were formed .

"> 4. The era of the primitive neighborhood community. In many, although not in all societies, this era opens with the appearance of metal replacing stone and everywhere the progressive development of all branches of economic activity, the growth of excess product, the spread of predatory wars due to accumulated wealth. Social power was not anarchy, chaos. Living together and collective labor demanded the maintenance of a certain order, the observance of certain rules of conduct. Such rules of conduct were customs that did not require the creation of a special apparatus of coercion, were based on habits, traditions, the authority of older generations, moral, religious views of people. The norms of primitive society are called mononorms.

">LIST OF USED SOURCES

1. "> Alekseev, V.P. History of primitive society / V.P. Alekseev, A.N. Perishch. - M., 1990. 324 p.
2. ">Vasiliev, L.S. Reader on the history of state and law foreign countries/ L.S. Vasiliev. Krasnoyarsk, 2002. -360s.
3. "> Vengerov, A. B. Theory of State and Law / A. B. Vengerov. M., 1998. 420 p.
4. "> Vengerov, A.B. Theory of State and Law. / A.B. Vengerov. M.: Jurist, 1995.-365p.
5. "> Vishnevsky, A.F. General theory of state and law / A.F. Vishnevsky. M., Infra-M, 2006. 456 p.
6. "> Grigorieva, I.V. Theory of State and Law / I.V. Grigorieva, M., 2009. 304 p.
7. "> Drobyazko, S.G. General theory of law / S.G. Drobyazko. Mn., 2007. 324 p.
8. ">Dumanov, H.M. Mononormatics and initial law / H.M. Dumanov, A.I. Pershits, -M., 2000, -150p.
9. "> Kalinina, E.A. General theory of state and law / E.A. Kalinina. Minsk, 2008. 421 p.
10. "> Komarov, S. A. General theory of state and law / S. A. Komarov. M., 1998 -364 p.
11. "> Marx, K. The origin of the family, private property and the state / K. Marx, - M., 1980.-500s.
12. "> Matuzov, N.I. Theory of State and Law / I.N. Matuzov, A.V. Malko. M .: Jurist, 2004. 512 p.
13. "> Radko, T.N. Theory of State and Law / T.N. Radko. M., 2011. 176 p.
14. "> Spiridonov L. I. Theory of State and Law / L. I. Spiridonov M., 1995. 295 p.
15. "> Khropanyuk V. N. Theory of state and law / V. N. Khroponyuk, V. G. Strekozova, M., 1998. 420 p.

Order writing a unique work

The specialization of people in certain occupations, the development of exchange led to the fact that in the villages, in addition to relatives, people from other clans settled. The population of the villages increased.
In Asia Minor, scientists discovered the ancient settlement of Chatal-Guyuk, dating back to the 7th millennium BC. e. About 6,000 people lived in it. All buildings were made of clay, brick and wood. They were located close to each other, so there were no streets. The houses were entered through holes in the flat roofs by climbing wooden ladders. In the event of an attack by enemies,
_ the walls were removed, and the village turned into
The settlement of Chatal-Guyuk. Reconstruction
to the fortress.
Tribal community Neighborhood community
How are the communities shown in the diagram different? What do they have in common?


\ \ Pastures
arable land
pastures
The need for collective farming and collective property became less and less. Gradually, each family begins to cultivate its own piece of land and receive its own crop. Land tends to be inherited by children, especially sons. The tribal community was replaced by the neighboring community.
The neighborhood community was inhabited by people who were not necessarily related by blood. Families ran the household separately, but united for joint work, requiring the efforts of a large number of people. These were cutting the forest, strengthening or creating a reservoir and other works.
The dawn of the metal age
The first people often found nuggets of gold and copper. They could be flattened, cut with a stone axe. At first, only jewelry, arrowheads, and fishhooks were made from metals. People noticed that when heated, gold and copper melt. Soft metal could be molded into any shape. About 7 thousand years ago, people began to use copper to make tools. Gradually, copper began to defeat stone, and to replace stone age came the copper age. There were few metal deposits that came to the surface of the earth, so people learned how to mine ore - rock containing metals. When heated, pure metal was extracted from the ore, which was then forged and processed.
The next step in the use of metals was the invention of bronze, an alloy of copper and tin. Bronze is much harder than copper, and besides, it is beautiful. From it began to make tools, weapons, dishes, jewelry. Copper and tin became the most important items of exchange. The Bronze Age has arrived.
The emergence of a new society
In the neighboring community, where each family ran its own household, the situation of the people changed. The equality of all members of the community is replaced by inequality. Some, thanks to hard work, the ability to craft, successful trade, began to live better than their fellow tribesmen. For others, wealth was tied to their position in the tribe.
Elders, leaders, sorcerers, by the right of their position, had more products, products. In addition, they were the custodians of the values ​​that belonged to the community. Gradually, however, they began to dispose of these values ​​as their own property. In the community, groups of people occupying the highest positions in the community hierarchy are distinguished. Their main occupation was to subdue the affairs of the community. They enjoyed special honor. Nobility is inherited from parents to children.
The leaders, relying on their warriors, began to raid with the aim of plundering neighboring tribes. A successful military campaign enriched all its participants and strengthened the position of the leaders, who became permanent commanders. Often, as a result of such a campaign, the winners captured prisoners. They were turned into slaves who were used in hard work in the household.
So a new society was formed, where there were poor and rich, noble and ordinary community members, free and slaves.

• Primitive man moved from gathering and hunting to farming and cattle breeding. Becoming a farmer, he began to lead a sedentary lifestyle.
• The tribal community was replaced by a neighboring community.
• There was a new society in which inequality arose between people.

Questions and tasks
1. How did agriculture and animal husbandry originate? 2. What changes took place in the life of people when ceramics and weaving appeared? 3. Why were copper and gold the first metals that primitive man began to process? 4. Why did the tribal community begin to collapse? 5. Who was called the nobility? 6*. Was it possible with the disappearance of the tribal community to avoid the appearance of inequality? Give examples to support your point of view.

1. Choose the right answer.

1. Main difference primitive man from a monkey

a) the ability to make tools and weapons
b) long arms hanging down to the knees
B. The main ways of obtaining food by the most ancient people
a) gathering, hunting
b) agriculture
c) cattle breeding

1. The main material of ancient people for the manufacture of tools

a) bone c) stone
b) wood d) iron
D. The tribal community is being replaced
a) tribe c) neighborhood community
b) the human herd d) the state

1. Continue the row.

Early and simple artificial structures of the most ancient people: a wind barrier

1. What is missing in the line?

The simplest tools of labor of the most ancient people:
hand axe, scraper, stone axe, sword, digging stick.

1. Set a match.

1. craft a) union of clans
2. myth b) actions and words supposedly possessing a miracle worker

natural properties

1. genus c) hand-made various products
2. magic d) legends about gods, heroes, about the origin of

nature

1. tribe e) a group of people descended from

one ancestor

5 Choose the correct answer.
Characteristic features of the tribal community

1. everyone works together
2. all property in common
3. presence of rich and poor families
4. each family has its own allotment, cultivates it and receives a harvest
5. people are descended from the same ancestor
6. food is distributed equally
7. settlements where neighbors lived

lgt;a.i;tlt;vi II
	The Ancient East

The ancient East is a vast expanse in North Africa and Asia in the era of the appearance and development of the most ancient states there.
The warm climate, diverse flora and fauna contributed to the settlement of the banks of large rivers: the Nile (in Africa), the Euphrates and Tigris (in Western Asia), the Indus (in South Asia), and the Yellow River (in East Asia). There were fertile soils that allowed for abundant harvests. These rivers periodically overflowed. Floods turned nearby areas into swamps and swamps. And those places where the water did not reach, turned into a desert scorched by the sun. People have learned to drain and irrigate these lands. Agriculture became the main occupation, but cattle breeding and handicrafts developed along with it. Small settlements turned into well-fortified cities, tribal leaders became rulers of cities and peoples.

States in the valleys of the great rivers

cattle breeders

The tribal community is gradually being replaced by a new type of community - the primitive neighboring community of farmers and pastoralists. It happens at different times for different peoples:

In Egypt and Mesopotamia - at the beginning of I - V you with. BC. In China - in I V you with. BC. In northern Korea and southern Manchuria - in the 2nd millennium BC. In Japan - in the middle of the 1st millennium BC. The ancestors of the Slavs and Germans - approximately in the second half of the 1st millennium BC.

The neighboring community was a collective consisting of individual families leading independent households, individual households, united with each other by territorial-neighborly ties. The neighboring community was united not by consanguinity, but by territorial connection. If the tribal community is primarily an organization of relatives, then the neighboring community is an organization of neighbors who have a common territory.

The neighborhood community is characterized the following features:

1. The community is still based on a productive economy - agriculture and cattle breeding.

2. The number of the team is increasing. The neighborhood community starts with 200 - 300 people. In the future, its team grows to 1000 people. As a result, the population density increases.

3. The rights of the neighboring community to land can be described as supreme collective own. The rights of the whole community stand above the rights ("above") of each individual household. Hence the name - supreme. The community is everything team community members in general. When community members gather for popular meetings, they must now take into account the interests not only of the entire community, but also the interests of each individual household. In primitive neighborhood community at supreme collective property separate rights of the community members to a part of the land and a part of the produced product arise.

The neighboring community now divides the land into allotments, usually by lot. Each community member receives his share of the land. Therefore, the only sign of a person entering the community now becomes the possession of a land plot in the community fund of lands. The neighboring community, as the supreme collective owner, did not allow a non-community member to access the land. Outside the community, outside the community collective, it was impossible to obtain the right to own land. If a person is a member of a communal collective, he has land. If a person who was not a relative was accepted into the community, he was given an allotment, and he becomes a member of the community. When a community member committed any grave misconduct, he was expelled from the community. In this regard, the term "outcast" appears - literally "expelled from life." The outcast had relatives in the community. But now he was not considered a member of the community and was deprived of his land. In fact, it doomed him to death.

earth big families community members were given according to the number of eaters in the family, according to the number of family members. All thus were in equal conditions. And now each community member received food from his allotment - everything that he produced with his labor on his land. As a result, there was a transition from collective farming to individual farming.

FROM legal point the rights of these individual farms(big families) to the ground represent possession land, that is, the actual possession of the thing, combined with the intention to treat the thing as one's own. Arises new form property - labor(personal) own meant - ownership of everything that is connected with personal labor: while the community worker works on this land, he has the right to this land and to everything that he produces with his labor on this allotment - this is his property. neighborly community as supreme the collective owner periodically conducted redistribution earth. Families were allocated land according to the number of eaters.

So, for example, part of the family members died in the war, there were fewer people in the family, and part of the land was abandoned due to a lack of workers and because there was no need to cultivate such an amount of land. The neighboring community, then as the supreme collective owner, seized this vacant land and gave it to another individual farm. After all, children grew up in it and there was a need to expand the land allotment in order to feed more people in the family, and which could cultivate the land. In other words, while you are working, while you are growing something on the land, the land and the products produced on it are yours. When you stop cultivating the land yourself and growing something on it, you lose the right to the land and the product produced on it. The land belonged only to those who could cultivate it. This is the principle of labor ownership.

33. Socio-economic relations in the neighboring community.

Primitive neighborhood community.

By a primitive neighborhood community, we mean a socio-economic structure consisting of separate families leading an independent economy, united with each other by territorial-neighborly ties and joint ownership of the main means of production (land, pastures, fishing grounds). The combination of the private property of individual families with the collective property constitutes the dualism inherent in the neighboring community.

The characteristic features of the primitive neighborhood community are: the presence of a common territory, public property and communal land ownership with private land use, the presence of communal governing bodies, various forms of cooperation and mutual assistance between community members, their joint performance in wars and matters related to intercommunal relations, the presence of a certain ideological (religious) unity of community members, the interweaving of territorial ties with disintegrating consanguineous, in the public sphere - the coexistence of the community with late birth institutions.

Like any neighboring community, the intertwining and struggle of collective and private property are inherent in the primitive community.

The stage of formation of the neighboring community is characterized by replacement of ties based on kinship with neighboring-territorial ones, which at first are fancifully intertwined with them or even clothed in a consanguineous shell. Examples include the preservation of the totem name of the ancient tribal community for the neighboring community, the spread of blood relationship terms to fellow villagers, especially relatives, the use of tribal sanctuaries for rituals of communal significance among the Cheyenne, Crow, Tlingit, Iroquois, Hopi, Comanches and other tribes of North American Indians, or the institution of doha among the peoples of the Lower Amur (the extension of exogamous prohibitions to a group of unrelated clans connected by neighborly relations).

it intertwining ancestral and neighborly ties, extremely diverse in specific societies, raises the question of the criteria for distinguishing a tribal community on later stage its development from the neighboring one and the nature of the transitional forms between them.

The main features that characterize any neighboring community are the presence of separate family groups that independently manage the economy and dispose of the produced product, so that each, on his own, cultivates the fields allotted to him and the harvest is assigned to them individually, and collective ownership of the main means of production. The families represented in the community may be related and unrelated - as long as they are economically isolated, this is of no fundamental importance.

One cannot agree with the researchers who resolutely oppose patronymy to the neighboring community and believe that the latter can exist only as a territorial association of unrelated families. The facts say otherwise. In the mountainous regions of Northern Albania at the beginning of the last century, all members of the neighboring community considered themselves descendants of one ancestor and avoided marrying each other. Neighbor communities, consisting of patronymic related families, were not uncommon in the Caucasus back in the 19th century, they are also known in Southeast Asia and other places.

At the initial stages of the formation of a neighboring community, communal ownership of land coexists with tribal ownership, sometimes even occupying a subordinate position. On some islands of the New Hebrides archipelago, villages, although they consist of subdivisions of several genera, do not yet form communities and do not have landed property. On the islands of Trobriand, Shortland, Florida, San Cristobal, Santa Anna, Vao, Fate and others, a neighboring community has already arisen and communal ownership of land coexists with tribal and individual loan land use, and on the island of Amrim the land belongs to the entire community as a whole, but distributed among the various clans.

In terms of stages, such a community is transitional from tribal to purely neighboring. It can be considered an early stage of the neighborhood community or a transitional type; we do not see much difference between these two points of view. The main criterion that allows it to be singled out is not so much the coexistence of communal property with private property (this is natural for any neighboring community), but rather the interweaving of family ties with neighboring ones. The transition from such a community to a neighboring one to a large extent depends on the fate of the late clan, on the time when it finally ceases to exist. Since the clan most often survives to a class society, it is obviously this early stage of the neighborhood community that is most characteristic of its existence in a decaying primitive society, and the term “primitive neighborhood community” seems quite acceptable for its designation.

Such a community is neighborly, because it has its main feature - a combination of private and collective property. The fact that it is inherent in the era of the decomposition of primitive society is also evidenced by archaeological material. In Denmark already in the settlements bronze age within each village, the boundaries of individual plots and communal pastures are clearly visible. Something similar is observed even earlier in Neolithic Cyprus.

However, such a community is not just a neighbor, but a primitive neighbor, since collective property in it is represented by two forms: communal and tribal. Such a combination of two forms of collective property can persist for a very long time, and not only in decaying primitive societies, but even in early class societies, as can be seen from numerous African examples.

At present, the universal nature of not only the neighborhood community as a whole, but also its early stage - the primitive neighborhood community, which can be traced both in patriarchal and late maternal and non-clan societies can be considered proven. Thus, the late forms of tribal organization of the era of the decomposition of primitive society are basically simultaneous with the primitive neighboring community. They coexist, differing not only in their functions, but also in their structures: while the clan is based on the principle of consanguinity, the community rests on territorial-neighborly ties.

Although clan and community as forms of social organization complement each other, creating a double line of defense for the individual, there is a certain struggle between them for a sphere of influence. The final victory of the neighboring community over the gens is determined by the fact that it is not only a social organization, which the late gens practically became, but organization of socio-economic, wherein social connections are intertwined and determined by production.

The neighboring community perishes when collective property becomes an obstacle to the further development of private property. By general rule this occurs already in class societies, although there are known exceptions, usually associated with a lack of land (for example, in Micronesia and Polynesia). The main means of production are gradually being transferred into private ownership. The emergence of allod in agricultural societies is well traced on the example of early medieval Western Europe. However, even after losing its production functions, the community can be preserved as a social organization as an administrative-fiscal or territorial self-governing unit.

The neighborhood community can also persist for a long time in class societies based on subsistence farming. Sometimes it is deliberately conserved by the ruling classes. However, such a community, despite the similarities of internal structures, differs from the primitive one. In the primitive neighboring community, exploitation is only in its infancy, while in the class community it prevails. The community is either exploited as a whole, or singles out from its environment as exploiters. and exploited.