Doctrinal and modern views on the issue on the origin of the State and Law

Abstract

. The article attempts to combine the doctrinal ideas of Russian legal science about the origin of the state and law, based on the Marxist postulate of class struggle, with a modern view of the causes of the origin and interrelation of these institutions. In the first part of the work, the author outlines the doctrinal positions on the issue of the emergence of the state, concludes about the key role of social stratification and the formation of the military estate in this process. In the second part, the concepts of modern domestic scientists on the problem of the origin of law are proposed for consideration, based on the analysis of which the reasons for the appearance of this social institution are established, it is shown that law has a longer evolutionary period and its formation began much earlier than the origin of the institution of the state. At the same time, the author does not deny the key importance of law for the resolution of social conflicts in the course of further historical development of mankind.