Franz Oppenheimer about the origin of the state and its criticism of the contractual theory of the origin of state and natural law
(57-59)

More about authors
Nagikh Sergey Ivanovich PhD at law. Position: associate professor at Theory and History of state and law chair.
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Annotation:
Russian lawyers have a general idea of the conquest theory of the origin of the state (the theory of violence). One of the founders of this theory - Franz Oppenheimer main features of this concept was expressed at the turn of the XIX - XX centuries. However, the detailed arguments of this concept has not received wide coverage in the literature. Also interesting evolution of the views of the founder of this theory in subsequent editions in his lifetime his principal work " State". To clarify the evolution of views thinker was made a comparison of different lifetime editions of this work in German and English by this author. In the preface of these publications he gives comments on the criticism of his conception. In addition, he presented the main arguments against the speculative and devoid of historical evidence concept of the natural state of society in the theory of social contract of the origin of the state. In the so-called classical theories of the origin of the state only this theoretician of conquest and Engels were first to argue their positions, based on historical and ethnographic examples. However, from the point of view of modern studies this evidence were not quite correct. In the process of accumulation of new data there are new arguments to distinguish two aspects of the state of origin. In the study of the origin of state Oppenheimer relies on examples that argue the origin of only secondary statehood. However, the evidence base is not sufficient to disclose the causes and mechanism of the origin of the so-called primary state. Since the basic postulates of the theory of conquest now again gaining ground in political anthropology and law, the clarification of the origin of state theory in the works of the founders of the conquest serves to further identify differences between the two processes politogenesis: emergence of the state as a social institution and the formation of a particular state among different peoples.
How to Cite:
Nagikh S.I., (2013), FRANZ OPPENHEIMER ABOUT THE ORIGIN OF THE STATE AND ITS CRITICISM OF THE CONTRACTUAL THEORY OF THE ORIGIN OF STATE AND NATURAL LAW. Gaps in Russian legislation, 6: 57-59.
Reference list:
. . .: . . , 1910. 516 .
. . . .: . , 1910. 805 .
Millaire J-F. Primary State Formation in the Vir Valley, North Coast of Peru. // Proceedings of the National Academy of Sciences of the United States of America. Vol. 107. Issue 14. 6. April 2010. 6186 6191 P.
Oppenheimer F. Der Staat. Berlin: Libertad Verlag, 1990. 160 S.
Oppenheimer F. The State New York: Free Life Editions, 1975. 122 p.
Keywords:
violent theory of the origin of the state, Franz Oppenheimer, the natural state, the contractual theory of the origin of the state.