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Legal system of modern states

Civil society

Civil society is a concept for a type of society, which is characterized by the fact that:

1. It is an association of free individuals

2. individuals are able to solve all their private problems independently

3. Its social relations are legal in nature

Theoretical approaches to identifying the essence of civil society:

1)J. Locke, considering the civil society, recognized the state only for the scope of powers, which was sanctioned by the social contract between citizens

2) S. L. Montesquieu, J. J. Rousseau, A. Ferguson were unanimous in recognizing the supremacy of civil society over the state

3) Hegel believed that civil society appeared "in the middle" between the family and the state. The highest arbiter in the person of the state expresses universal interest

4) K. Marx believed that the content of civil society is made up of the institutions of family, class and class, determined by the level of development of material production

5) The liberal line of development of the concept of civil society shifts the center of gravity to freedom as the highest value. Theoretical approaches to the interaction between civil society and the state:

i. Classical English theory: the state and civil society are autonomous (the state does not interfere in the affairs of civil society, civil society does not violate the privileges of the state)

ii. German theory: civil society - opposition to the state

iii. French theory - civil society and the state must work together to find harmony.

Discussions on the relationship between the state and civil society continue to this day.

https://cdn.pixabay.com/photo/2017/06/30/09/24/crowd-2457730_1280.png
https://cdn.pixabay.com/photo/2017/06/30/09/24/crowd-2457730_1280.png

Modern civil society has the following structure:

1) Voluntary formed primary communities of people (family, cooperation, association, public organizations, creative, sports, ethnic and other associations)

2) The totality of non-state, non-political relations in society: economic, social, family, etc. These are customs, traditions and manners of people

3) The sphere of self-exhibition of free individuals and organization, protected by laws from direct interference by the state authorities

The main functions of civil society:

a. The functioning of the norms and values that the State has set for itself through its authorization.

b. Formation of the environment in which a developed social individual is formed.

c. Ensuring the free development of the individual on the basis of various forms of ownership and a multiform market economy

d. Regulation of all relationships through civil law

e. Comprehensive protection of everyone's interests, right to life, freedom

f. Implementation of broad self-governance in all spheres and at all levels of public life

Thus, the main function of civil society is to fully meet the material, social and spiritual needs of its citizens.

Proceeding from the concept of civil society, parallel to its formation, the process of development of the rule of law state should go on, where the rule of law is a concept to denote the type of state, which is characterized by the following features: the supremacy of legal laws, recognition of the rights and freedoms of an individual, the principle of power sharing, the presence of civil society

At the moment, we can say that Russia is in the process of formation of civil society, associated with significant changes in the social structure. The new social hierarchy in many ways differs from the one that existed in the Soviet period, is characterized by extreme instability. Stratification mechanisms are being rebuilt, social mobility is increasing, and many marginal groups with undefined status are emerging. Objective opportunities for the formation of the middle class are beginning to emerge (about 10% - 15%). For a significant transformation of the structure of Russian society, it is necessary to transform the institutions of property and power, accompanied by the blurring of boundaries between groups, changes in group interests and social interactions. There are many voluntary associations in the country (consumer associations, environmental groups, etc.). Many of them, having experienced a rapid rise, lose their activity. The average Russian underestimates group self-organization. The specificity of the modern stage of development is in overcoming such a state, which is largely conditioned by the process of transformation.