History of the ancient Roman oligarchy. What were free citizens who had no property called in ancient Rome?

What would your name be in ancient Rome?

A naming system is needed to identify people in any society, and even in our free times it is subject to certain rules. It was easier for people to decide on the names of their children - rules and traditions greatly narrowed the room for maneuver in this area.

If there was no male heir in the family, the Romans often adopted one of their relatives, who, when entering into an inheritance, took the personal name, family name and cognomen of the adopter, and retained his own surname as an agnomen with the suffix “-an”. For example, the destroyer of Carthage was born Publius Aemilius Paulus, but was adopted by his cousin Publius Cornelius Scipio, whose son and heir died. So Publius Aemilius Paulus became Publius Cornelius Scipio Aemilianus and, after he destroyed Carthage, received the agnomen Africanus the Younger to distinguish himself from his grandfather Publius Cornelius Scipio Africanus. Then, after the war in modern Spain, he received another agnomen - Numantine. Gaius Octavius, having been adopted by his grandmother's brother Gaius Julius Caesar and having entered into an inheritance, became Gaius Julius Caesar Octavian, and subsequently also received the agnomen Augustus.

Slave names

The unequal position of slaves was emphasized by the fact that they were addressed by their personal names. If officiality was necessary, after the personal name of the slave, as a rule, the family name of his owner was indicated in the genitive case and with the abbreviation ser or s (from the word serv, i.e. slave) and/or occupation. When selling a slave the nomen or cognomen of its former owner was retained by him with the suffix “-an”.

If a slave was set free, then he received both pronomen and nomen - respectively, the names of the one who freed him, and as cognomen - his personal name or profession. For example, in the trial against Roscius the Younger, his intercessor Marcus Tullius Cicero essentially accused Sulla’s freedman, Lucius Cornelius Chrysogonus. Between the nomen and cognomen of freedmen, the abbreviations l or lib were written from the word libertin (freedman, freed).

Decline of statehood of Ancient Greece

From the second half V - II Art. to n. e. - the period of Hellenism, the beginning of the decline of the statehood of Ancient Greece. Interest in political issues is weakening. Then the policy states of Ancient Greece became dependent on Macedonia. In the teachings of Epicurus, the Epicureans, the Stoics and other philosophical schools, one feels a certain alienation, a withdrawal from politics, political phenomena, and events. Philosopher-materialist Epicurus (341-270 AD) denied the intervention of gods in vital, worldly affairs and proceeded from the recognition of the eternity of matter, which has internal sources of movement. The ethics of Epicurus are characterized by apoliticality, preaching non-participation in public life. The purpose of knowledge is the liberation of man from ignorance, lack of education and superstition, fear of gods and death. Epicurus substantiates rational pleasure, which is based on the individualistic ideal of avoiding suffering and achieving a calm, joyful state of mind. The most reasonable thing for a person is not activity, but peace - ataraxia. Epicurus emphasizes that the main goal of state power and the basis of political relations is to guarantee people's safety, help them overcome fear, and teach them not to harm each other. It follows that the state and law are the result, the consequence of an agreement between people for the purpose of common benefit and mutual security. Justice, which follows from nature, is a contract of benefit with the aim of not injuring one another and not suffering harm. Justice is a socially contractual phenomenon. The activities and laws of the state must correspond to ideas about justice; the content of justice is provided for by an agreement between people on shared benefit. According to the socio-political content, Epicurus's concept of the contractual origin of justice, state and laws is subjective, democratic. Each of the participants, aware of contractual cohabitation, did not have any privileges over others. In Epicurus' Ethics, the form of moderate democracy is that the rule of law is combined with the greatest possible measure of freedom and autonomy of individuals.

Problems of statehood in Ancient Greece occupy a significant place in the teachings of the historian and politician of Hellenism Polybius

(about 200-120 AD), who believed that this or that structure of the state plays a certain role in all relationships, the relationships of people in society. Polybius's "clarification of the historical process is based on the ideas of the Stoics about the cyclical development of the world. The founder of the Stoic school, Zeno of Kition (about 336-264 BC) believed that the universe is governed by fate, the highest divine Reason. The strictest necessity reigns in the world ", excluding free will. Man has no choice but to submit to the inevitable fate. Natural law is a universal universal law, the state is a global commonwealth, social life exists from nature and is guided by fate, Fate. In nature, a living organism undergoes growth, flourishing and in" withering. Society also goes through periods of growth, prosperity and decline. Once completed, the processes are repeated. The development of society is an endless circular movement, during which forms of government change and transform into one another. From the middle of the 4th century. to n. e. the city-states of Ancient Greece became dependent on Macedonia and fell into decay. The framework of the polis system that developed during the classical period of the history of Ancient Greece turned out to be too tight for the slave-owning mode of production.

Political doctrines in Ancient Rome

The political teachings of Ancient Rome had much in common with the political teachings of Ancient Greece. This is explained by the fact that states were formed here on the basis of similar socio-economic and class relations, with deep continuity in the development of their culture. Political teachings in Ancient Rome were formed on the basis of philosophical schools transferred from Greece. And the novelty and originality of the political views of Roman thinkers lay in the fact that they put forward ideas that corresponded to the relations of a mature slave-owning society. Changes in political theory caused by the development of relations of private property and slavery.

One of the ideologists of the Roman aristocracy, famous orator Marcus Tullius Cicero (106-43 BC) in the dialogues “On the State” and “On the Laws,” following Plato, he outlined the doctrine of the state. In the spirit of the teachings of the aristocracy, he asserts that the state grows naturally from seven, that state power is entrusted to wise men who are capable of approaching the comprehension of the world's divine Mind. If people lived according to the behests and customs of their fathers, then the state could become eternal. The purpose of the state - protection of the property interests of citizens. The rights of wise and worthy citizens, including the right of property, flow directly from nature, from natural law. Mark Cicero argues that the state is not only a natural organism, but also an artificial formation, “popular installation”, recognizes the equality of all people from nature and the possibility of achieving wisdom by everyone who receives an education. Property and social differences between people arise not from birth, but the relations of private property that are established in society. Private property does not exist by nature, but arises or on the basis of ancient ownership of it, or ownership by law and consent, etc. Positively assessing significant wealth and contracts in the life of society, Cicero comes to the conclusion that the state rests on credit, the people entrust their rights to the monarch on credit for the fair management of society.

An important place in the history of socio-political thought in Ancient Rome is occupied by a representative of Roman Stoicism Lucius Antaeus Seneca (4 AD - 65 AD). Numerous works, and, in particular, the largest work, “Letters to Lucilius,” have survived in the original to the present day. Preserving the pantheism of the Greek Stoics, that is, viewing the world as a single material and rational whole, Lucius Seneca develops primarily moral and ethical problems, the correct solution of which will achieve peace and inviolability of the spirit. Without denying slavery as a socio-political institution, Seneca at the same time defended the human dignity of slaves and called for humane treatment of them as spiritual equals. Inevitable and divine in nature, the law of fate takes on the meaning of a role-based law of nature, to which all human relations are subordinated, including the state and the law. The Universe is a natural state with its own natural law. People are members of such a state, according to the laws of nature. Individual state formations are random and significant for the entire human race. Understanding the law of fate (natural law, the divine spirit, in fact, lies in resisting chance, including belonging to one or another small state, recognizing the need for world laws and being guided by them. And Seneca tries to connect his, basically individualistic ethics with the tasks of society and the state.Seneca's ethics had a great influence on the formation of Christian ideology.

The growing crisis of the slave system led to a sharp deterioration in the situation of the working people. The powerful state machine of the Roman Empire brutally suppressed the uprisings of slaves and free poor people. The powerlessness of the masses led to increased religious sentiments and hopes for help from fantastic forces. In I Art. Christianity arises - a movement of the oppressed, which first acted as the religion of slaves, the poor and powerless peoples, submissive or dispersed by Rome. Christians were waiting for the coming of the Messiah, Christ the Savior, God's messenger, who would destroy the kingdom of Evil, throw off the oppressors "Gehenna of Fire", establish the kingdom promised by the prophets, where all people would be equal, and the like. Christianity is gaining momentum. The rapid flowering of political thought in Ancient Rome occurred during the reign of the emperor Justinian (527-568), who completed the codification of Roman law. The fact is that during the reign of Justinian, a huge number of laws, verdicts, constitutions and works of Roman lawyers, outside any system, etc., were piled up, which were partially outdated. Some laws and verdicts contradicted each other and needed systematization; Modernization was also required by civil and imperial praetor law. At the initiative of Justinian, the laws were codified.

1. Patricia.

2. Proletarians.

3. Plebeians.

9. The Early, Ancient, Middle, New and Late Kingdoms are the periodization of history:

1. Ancient Egypt;
2. Ancient Rome;
3. Ancient Greece;
4. Ancient Babylon.

10. The political system of Sparta is:

1. military-aristocratic republic;

2. democratic republic;

3. monarchy;

4. oligarchic republic.

11. The magistracy system in Rome was headed by:

1. praetors;
2. consuls;
3. aediles;
4. censors.

12. Feud is:

1. Hereditary land ownership transferred by a lord to a vassal for service;

2. Lifetime, non-inheritable land ownership, transferred by the lord to the vassal for service.

3. Owner of the land plot.

13. “Princely absolutism”, which developed in the Holy Roman Empire of the German nation, in the 16th – 18th centuries:

1. Characterized by the political and territorial unity of the state; the prince is the head of the central apparatus of power;

2. It developed within individual princely domains in the virtual absence of centralized imperial power;

3. It was an indicator of the high level of political and economic development of the empire.

Who was the head of state in the Arab Caliphate?

4. Supreme Mufti.

According to the French Constitution of 1946, for how long was the president elected?

1. for 7 years

2. for 4 years

3. for 5 years

Option No. 5

Task No. 1

Solve problems:

1) The doctor treated a noble man and his slave for smallpox. The treatment was successful. Mushkenum paid the doctor 4 shekels of silver. The doctor filed a complaint in court, in which he stated that he was not paid extra. Will the court satisfy the doctor's claim? Why?

2) The two bairums were at enmity for many years. One day one of them hit the pregnant daughter of the second with a stick. The woman suffered a miscarriage and her family filed a complaint in court. The judge was about to pronounce a sentence. What decision did he have to make? But at that moment he was informed that the unfortunate woman had died of grief. What will the judge's decision be now regarding the laws of Hammurabi?

3) Vaishya filed a complaint in court against a kshatriya for giving gifts to his wife and flirting with her. What punishment awaits a kshatriya? How does the court qualify his actions according to the laws of Manu?

Task No. 2

Solve the test

1. Systematic method in relation to the science of history of state and law of foreign countries:

1. Requires consideration of historical and legal phenomena as elements of a certain system; functional characteristics of structure elements, its analysis and synthesis.

2. Requires the use of statistical techniques in historical and legal research.

3. Requires the use of techniques and methods of sociological science in historical and legal research.

2. After the death of the ruler, his trial was held in:

1. Ancient Babylon;

2. Ancient Rome;
3. Ancient Greece;
4. Ancient Egypt.

3. What title did the royal judges bear in Ancient Egypt:

1. “priests of the goddess of truth”;

2. “priests of the goddess of justice”;

3. “priests of the god of truth”;

4. “priests of the god of vengeance.”

4. Taboo is:

1. warning;

3. belief;

4. resolution.

5. According to the laws of the Babylonian king Hammurabi, marriage was:

1. A written agreement concluded between the future husband and the father of the bride.

2. Oral agreement between the bride and groom, confirmed by the parents of the parties.

3. A written agreement between the parents of the bride and groom.

4. Written permission from the king or vizier to enter into a marriage, without which the marriage was not considered valid.

6. The ancient Indian state in the Magadha-Mauri era is characterized by:

1. Autonomy of the Indian community with its subsistence economy.

2. Varnovo-caste system in which a person’s place in it is once and for all determined.

3. Equality of people before the law, regardless of caste affiliation.

4. A high level of development of agriculture and production, which made it possible to provide the population with everything necessary outside of cultural and trade exchanges.

7. According to the reform of the social structure carried out by the Roman king Servius Tullius in the middle of the 5th century BC:

1. The plebeians were granted political rights and the right to elect a tribune of the people.

2. The entire free population of Rome was divided into six property categories and hundreds - centuries. The division was based on the size of the land plot owned by a person.

3. Institutes of patronage and clientele were established.

8. According to the law of Lucius Valerius and Marcus Horace in 449, the tribune of the people received the right:

1. Dissolve the Senate.

2. Appeal the decision of any magistrate other than the dictator.

3. Declare war and make peace.

What were the names of the comitia (people's assemblies), whose competence included: the adoption of laws, the election of senior officials of the republic, the declaration of war, and the consideration of complaints against death sentences.

1. Centuriate.

2. Tributes.

3. Curiatnye.

4. These powers were the competence of the Senate.

10. The Roman family included:

1. Relatives by blood or due to marriage.

2. Relatives by blood or due to marriage; freedmen, slaves, clients.

3. Relatives by blood or due to marriage; freedmen, slaves; clients were not part of the Roman family, since they were subjects of another group of relations: patronage and clientele.

11. The principle “my vassal’s vassal is not my vassal” meant:

1. A system of relations in feudal society, characterized by the equality of all their participants;

2. A system of relations of subordination in feudal society, in which the feudal lords who stood at the lower levels of the feudal ladder were not subordinate to the feudal lords, whose vassals were their immediate lords.

3. A system of relations of subordination in feudal society, in which the feudal lords, who stood at the lower levels of the feudal ladder, were politically and economically dependent on the feudal lords, whose vassals were their immediate lords.

12. The code of customary laws of the Salic Franks, compiled at the behest of King Clovis at the end of the 5th century, was called:

1. "Salic truth."

2. “Burgunian truth.”

3. “Ripuarian truth.”

13. The head of state in medieval England was:

2. Emperor.

3. King.

Patricians and plebeians

The widest division was between the patricians, those who could trace their ancestry back to the first Senate established by Romulus, and the plebeians, all other citizens. Initially, all government offices were open only to patricians, and they could not marry with other classes. Modern politicians and authors (Coriolanus, for example) in the Royal period and in the Early Republic thought of the plebeians as a crowd barely capable of rational thought. However, the plebeians who had their labor taken away had the opportunity to bring about change. After a series of social uprisings, they received the right to hold office and appoint a plebeian tribune, and the law prohibiting mixed marriage was repealed. The office of plebeian tribune, founded in 494 BC, was the main legal defense against the arbitrariness of the patricians. The tribunes originally had the power to protect any plebeian from the patrician magistrate. Later revolts forced the Senate to grant additional powers to the tribunes, such as the power to veto legislation. The tribune of the plebeians had immunity, and he was obliged to keep his house open during the entire period of his official duties.

After these changes, the distinction between patrician status and plebeian status became less important. Over time, some patrician families found themselves in difficult situations, while some plebeian families rose in status, and the composition of the ruling class changed. Some patricians, such as Publius Clodius Pulcher, petitioned to gain plebeian status, partly to gain the position of tribune, but also to reduce the burden of taxes. Rome, as a participant in world trade, was undergoing numerous changes: those who could not adapt to the new commercial facts of Roman society often found themselves in the position of having to marry the daughters of wealthier plebeians or even freedmen. People who achieved higher positions, such as Gaius Marius or Cicero, were known as novus homo ("new man"). They and their descendants became nobiles (“noble”), while remaining plebeians. Some religious offices remained reserved for patricians, but in general the distinction was largely a matter of prestige.

Classes according to property status

At the same time, the census divided citizens into six composite classes, according to their wealth status. The richest were the senatorial class, those who had at least 1,000,000 sesterces. Membership in the senatorial class did not necessarily entail membership in the Senate. The wealth of the senatorial class was based on the ownership of large agricultural lands, and members of this class were prohibited from engaging in commercial activities. With a few exceptions, all political positions were filled by men from the senatorial class. Below them were the equites ("horses" or "knights"), with 400,000 sesterces, who could engage in trade and formed an influential business class. Below the horsemen were three more classes of property-owning citizens; and finally the proletarians, who had no property.

Initially, the census was supposed to define military service, then limited to the first five classes of citizens (collectively adsidui), including equestrians - those who could afford to keep a military horse. The sixth class, the proletarians, could not serve until the military reforms of Gaius Marius in 108 BC. e. During the Republic, the census classes also served as Rome's electoral college. Citizens in each class were registered in centuries, and at elections a single vote was cast from each century; however, higher classes had more centuries, each with fewer participants. This meant that the rich man's vote mattered more than the poor man's.

Non-citizens

Women

Freeborn women belonged to their fathers' social class until marriage, after which they joined their husband's class. Freed women could marry, but marriages with senators or equestrians were prohibited, and they did not join their husband's class. Slaves were allowed to marry, depending on whether their owners would allow it.

Foreigners

Latin law, a form of citizenship with fewer rights than full Roman citizenship, was initially applied to the allied cities of Latium and gradually spread throughout the empire. Latin citizens had rights under Roman law, but did not vote, although their chief magistrates could become full citizens. Freeborn foreigners were known as peregrines, and there were laws regulating their behavior and disputes. The differences between Latin law and Roman law continued until 212 AD. BC, when Caracalla extended full Roman citizenship to all freeborn men in the empire.

Freedmen

Freedmen (liberti) were freed slaves who had a form of Latin law; their freeborn children were full citizens. Their status changed from generation to generation, throughout the period of the Republic; Titus Livy states that freedmen in the Early Republic mostly joined the lower subclasses of the plebeians, while Juvenal, writing during the Empire, when financial aspects alone dictated the division of classes, describes freedmen who were accepted into the equestrian class.

Freedmen made up the majority of civil servants during the early Empire. Many became extremely wealthy as a result of bribes, fraud, or other forms of corruption, or were gifted large fortunes by the emperor they served. Other freedmen participated in the trade, amassing vast fortunes that were often rivaled only by those of the wealthiest patricians. Most freedmen, however, joined the plebeian classes, and were often farmers or merchants.

Although freedmen were not allowed to vote during the Republic and early Empire, children of freedmen were automatically granted citizen status. For example, the poet Horace was the son of a freedman from Venusia in southern Italy.

Many of Juvenal's satires contain angry denunciations of the claims of wealthy freedmen, some of whom "with the chalk of the slave market still at their heels." Although himself also the son of a freedman, Juvenal primarily saw these successful men as “new rich men” who boasted too much of their (often ill-gotten) wealth.

Slaves

Slaves (servi, "servi") were mostly descended from debtors and from prisoners of war, especially women and children captured during military campaigns in Italy, Spain and Carthage. During the Late Republic and Empire, most slaves came from newly conquered areas: Gaul (known as France today), Great Britain, North Africa, the Middle East, and what is now eastern Turkey.

Slaves initially had no rights. However, as time passed, the Senate, and later the emperors, established that legislation must protect the life and health of slaves. But until slavery was abolished, Roman men routinely used their slaves for sexual purposes. Horace, for example, writes about his love for his young, attractive slave. The children of slaves were themselves slaves. But in many cases, testators (for example, Tacitus) freed their children, considering them to be the legal heirs.

1. Political thought of the ancient world Ancient East, ancient Greece, Rome

Political thought of the Ancient East

In the East, India and China made a particularly important contribution to the development of ideas about state and law. With all the originality of their political ideas (Indian thought, with the exception of treatises on the art of management - arthashastras, which are mainly secular in nature, is purely religious and mythological, and Chinese thought is rationalistic), both systems reflected a social and political system based on the so-called Asian mode of production . It is characterized by: supreme state ownership of land and exploitation of free peasants - community members through taxes and public works. Oriental despotism became a typical state form. Paternalistic ideas about power have become widespread. The monarch was bound only by custom and tradition. At the same time, it was emphasized that the goal of the state is the common good, the king is the father of his subjects, who do not have the right to present any demands to him. The ruler is responsible to the gods, not to people. The political thought of the East is imbued with faith in the wisdom of old institutions and traditions, in their perfection.

Ancient India gave us Buddhism, the oldest world religion that preaches the cycle of rebirth of the human soul through suffering. It was there that the caste system of dividing society arose (there were 4 castes: Brahmans - sages and philosophers, Kshatriyas - warriors, Vaishyas - farmers and artisans, Shudras - servants).

In ancient India, the country was ruled by "dharma" and "danda". “Dharma” is the righteous fulfillment of one’s duties (the Dharmashastras wrote about the nature and content of “dharma”), and “danda” is coercion, punishment” (the Arthashastras wrote about it). The essence of government was to maintain “dharma” with the help of “danda”. The ancient Indian scientist Kautilya in the 1st century BC said that the activity of a wise sovereign lies in the ability to rule through law, war and diplomacy.

1) A special place in the history of ancient Indian Political thought is occupied by a treatise called “Arthashastra” (“Instruction on Benefits”). Its author is considered to be the brahmin Kautilya.

The Arthashastra is the science of how one should acquire and maintain power, in other words, a manual on the art of rulership. His discussions of the art of government are free from theology, rationalistic and realistic.

The purpose of society is the welfare of all living beings. The common good was not viewed through the prism of individual interests and human rights. It was understood as the preservation of the social order created by divine providence, which is achieved by each person fulfilling his dharma. However, dharma does not act on its own without compulsion.

The king, declared the viceroy of the gods, forces his subjects to obey the dharma with the help of punishment - danda. A weak king strives for peace, and a strong king strives for war. And the good of man consists in submitting to the power of the king; this is his sacred duty.

2) Fundamental role in all history The teachings of Confucius (551-479 BC) played a role in the ethical and political thought of China. His views are set out in the book Lun Yu (Conversations and Sayings), compiled by his students. For many centuries, this book had a significant influence on the worldview and way of life of the Chinese. Children memorized her, and adults appealed to her authority in family and political matters.

Based on traditional views, Confucius developed a patriarchal-paternalistic concept of the state. He interprets the state as a big family. The power of the emperor (“son of heaven”) is likened to the power of the father, and the relationship between rulers and subjects is likened to family relationships, where the younger ones depend on the elders. The socio-political hierarchy depicted by Confucius is built on the principle of inequality of people: “dark people”, “common people”, “low”, “younger” must obey “noble men”, “best”, “higher”, “elder”. Thus, Confucius advocated an aristocratic concept of government, since the common people were completely excluded from participation in government.

Some provisions of Confuncianism (predetermination of fate) were opposed by the Mohists (representative of Mo Tzu), who called on people to help others, to live in accordance with the principles of universal love in a world without wars and violence.

Another direction of political thought - legalists advocated strict regulations, compliance with laws, and punishments. Their representative Shang Yang (400–338 BC) believed that the state is a war between rulers and subjects, that people need to be constantly controlled. Officials were forced to take state exams to confirm their competence. A state monopoly reigned in the field of industry and trade. Shang Yang believed that the people are simple material from which anything can be made, the weakening of the people leads to the strengthening of the state, his main goal was to strengthen the military power of the state. In the end, he fell victim to his own laws, since the owner of the inn refused him lodging for the night (the law prohibited strangers from spending the night at the inn) and he was killed by robbers.

Finally, Taoism (representative of Lao Tzu - Wu 1st century BC) said that everything obeys the natural law of things themselves - Tao. A person should not interfere with this law and change it, since, in the end, justice will still prevail, and the weak will eventually become strong. And whoever tries to change the course of events will fail. This gave rise to a paradoxical statement - a person should do nothing, not interfere in anything. The main method of government is inaction, withdrawal from political life. This is what leads to stability, order and prosperity.

· The basis of political and legal thought was the religious and mythological worldview inherited from the tribal system. Religion was given a leading place (the priesthood ruled mainly). The political and legal teachings of the Ancient East remained purely applied. Their main content was questions related to the art of management, the mechanism of exercising power and justice.

· The formation of political and legal thought of the Ancient East was greatly influenced by morality, therefore many concepts are ethical and political doctrines, rather than political and legal concepts. (An example is Confucianism as a more ethical than political and legal doctrine).

The socio-political theories of the Ancient East were complex ideological formations, consisting of religious dogmas, moral ideas and applied knowledge about politics and law.

Political thought of Ancient Greece

1st period – IX – XI centuries BC. This is the era of the formation of Greek statehood. Among the scientists of that time, one should name Hesiod, Heraclitus, Pythagoras, and among the statesmen - Archon Solon, who published a set of the first Athenian laws.

Pythagoras has priority in developing the concept of equality; Heraclitus was the first to say: “Everything flows, everything changes, and you cannot step into the same river twice.”

II period - X - XI centuries BC - this is the heyday of political thought and democracy in Ancient Greece. This time gave the world glorious names - Democritus, Socrates, Plato, Aristotle, Pericles.

Democritus(460 - beginning of the 9th century BC) - came from the Thracian city-polis of Abdera, from a wealthy family. Democritus remained for centuries as the creator of the atomic theory. He viewed politics as the most important art, the task of which is to ensure the common interests of free citizens in a democracy. He was an active supporter of democracy and wrote: “Poverty in a democracy is as much preferable to the so-called welfare of citizens under kings as freedom is to slavery.”

Socrates(469-399 BC) lived between two wars - the Persian and Peloponnesian. His youth coincided with the defeat of Athens in the Peloponnesian War against Sparta, the crisis, and then the restoration of Athenian democracy and its flourishing. Socrates was 7 years old when democracy was restored. All his life he fought against it and at the age of 70 he voluntarily drank poison according to the verdict of an Athenian court, which accused him of speaking out against democracy. Socrates' ideal was aristocratic Sparta and Crete, where laws were observed and rule was exercised by educated people. He called the arbitrariness of one tyranny, the arbitrariness of the rich - plutocracy. Socrates saw the lack of democracy (the power of all) in incompetence. He said, “We don’t choose a carpenter or a helmsman with the help of beans, why should we choose our rulers with the help of beans?” (In Ancient Greece they voted using beans - “for” - white beans, “against” - black). The philosopher did not write down his statements; his students did this later.

One of the most talented students of Socrates - Plato(427 - 347 BC) was born into an aristocratic family on the island of Aegina. In the field of politics, he wrote many studies - “State”, “Politician”, “Laws”. He considered timocracy to be imperfect types of states ( a form of government in which the right to participate in government power is distributed according to property or income.), oligarchy, tyranny, democracy. And the ideal type of state is the competent rule of sages - philosophers, aristocrats, in which warriors would perform the functions of protection, and peasants and artisans would work. Since family and property seemed to him to be a source of opposing interests, he opposed personal property, for the community of wives and the state education of children.

Great philosopher of antiquity Aristotle(384 - 322 BC) was the son of the court physician of the Macedonian king Philip Nicomachus, who later became the teacher of Alexander the Great. In his work Politics, he was the first to highlight political knowledge, theoretical, empirical (experimental) and normative approaches to politics. He said that man is a political animal, and examined the development of society from family to community, village, and then to the state (city - polis). Aristotle believed that the whole precedes the part, man is only a part of the state and is subordinate to it. Citizens must be free and have private property. The larger the middle class, the more stable the society. And the reason for all revolutions is property inequality. Aristotle identified three correct forms of government, striving for the common good (monarchy, aristocracy and polity), and three incorrect ones, focused on personal good (tyranny, oligarchy, democracy).

III period - called Hellenic. Its representatives Epicurus, Polybius and the Stoics preached apoliticality, non-participation in public affairs and set the main goal of the state to overcome fear and ensure the safety of people. Polybius wrote about the perfection of the Roman system, which combined the advantages of the kingdom (consul), aristocracy (senate) and democracy. Ancient Greece is experiencing decline and city-states are disappearing, giving way to Ancient Rome.

Political thought of Ancient Rome

The political and legal theory of Ancient Rome developed under the influence of the already existing theory of Ancient Greece (Plato, Aristotle, Socrates, Epicureans, Stoics). However, in this case we cannot talk only about simply borrowing the provisions of our predecessors,

since the Romans developed their theory, taking as a basis everything that was most rational from the ancient Greeks.

Ancient Rome left us two great achievements in the field of politics - Cicero and Roman law. The great orator, writer and statesman of antiquity Marcus Tulius Cicero (106 - 43 BC) believed in the justice of the law, the natural rights of people, sacredly observed duty himself and called on others to do the same. The ancient Greeks talked about him - he stole from us the last thing that Greece could be proud of - oratory. Cicero considered the best form of government to be mixed, which dominated in Ancient Rome - royal power, optimates and popular power.

Acting as an eclectic thinker, Cicero tried to combine in his theory the most diverse views of ancient thinkers. Cicero's state has a natural origin, growing out of the family as a result of the development of people's natural inclinations to

communication. The essence of such a state comes down to protecting the property interests of citizens. Its fundamental principle is law. Cicero derives law itself from direct natural law, “for law is a force of nature, it is the mind and consciousness of an intelligent person, it is the measure of right and wrong.” Cicero sees the political ideal in a mixed form of government: an aristocratic senatorial republic connecting the beginning

monarchy (consulate), aristocracy (senate) and democracy (national assembly). Paying attention to slavery, Cicero speaks of it as a phenomenon caused by nature itself, which grants the best people dominion over the weak for their own benefit. A person in charge of the affairs of the state must be wise, fair and knowledgeable in the doctrines of the state, and master the fundamentals of law. Cicero's legal principle states that everyone must be subject to the law.

If the legal document of Greece was the Draco, then the legal document created by Cicero for the Romans was called “Roman law.”

There are three parts to Roman law: natural law – the right of peoples to marriage, family, raising children, and a number of other natural needs given to man by nature itself; the law of peoples is the attitude of the Romans towards other peoples and states, including military events, international trade, issues of the founding of the state; the right of citizens, or civil law, is the relationship between civil Romans. In addition, law in Ancient Rome was divided into public, which relates to the position of the state, and private, which relates to the benefit of private individuals.

Roman law is the main legacy that Ancient Rome left to Europe. It was born in the 1st – 11th centuries BC. The essence of Roman law was that private property was declared sacred and inviolable. Private law became the civil law of the entire Roman people. In the early period of the formation of Roman law, a major role in this matter belonged to the ancient lawyer Gaius, who compiled his “Institutions”. In this work, he divided Roman law into three parts: 1. The law of private individuals from the point of view of freedom, citizenship and position in society. 2.Right from the point of view of a person – the owner of a particular thing. 3. Procedure, a type of action that is carried out in relation to people-owners and things. The significance of Gaius' taxonomy for Roman law was very great; it formed the structure of all private law. Subsequently, the theory of Roman law was developed and improved by Paul Ulpian and Emperor Justinian. Towards the end of the history of Ancient Rome, it consisted of the following parts: Roman law for elementary education; digests – 38 excerpts from Roman jurists; collection of imperial constitutions.