BASIC SCIENTIFIC APPROACHES TO DETERMINING CONTROL OF CIVIL SOCIETY OVER THE STATE APPARATUS
DOI:
https://doi.org/10.32689/2617-2224-2022-2(30)-14Keywords:
civil society, state apparatus, control, scientific approachesAbstract
It was determined that in ancient Greek ideas, civil society appeared as a community of free, full-fledged men who voluntarily submit to each other on the basis of law and order. It was noted that even this understanding of civil society already separated it from both the state and religion, making it an independent actor of social interaction. Not having authoritative powers, civil society, due to its inextricable connection with the polis, was obliged to control them in various forms, and the multiplicity of polises provided a variety of practical approaches to the institutionalization of such control. The most striking manifestation of the multiplicity of practical approaches to ensuring the control of civil society over the state apparatus was Athenian democracy, which absorbed all the diversity of its various forms. It was determined that the ideas of the thinkers of Ancient Rome led to the fact that ideas about civil society became ideas about a free (equal) society, the connection of which with the state is mainly of a legal nature. Medieval theologians drew attention to the fact that civil society is not only distinguished from society as such, but also differs from the state. It is established that the research led to the fact that civil society as a phenomenon received a sufficient number of descriptive characteristics, so that it was possible to attempt a scientific definition of the concept of "civil society". During the Middle Ages and in later times, a number of studies attempted to distinguish between civil society and society as such in any way. In the twentieth century, the prevailing opinion was that civil society is a comprehensive community that is not only much larger than the state, but can also be identified with it in certain contexts. Based on the indirect and direct embodiment of power, it can be argued that it is the community that should control both its activities and the activities of other structures. The state does not determine its place and purpose in civil society, but, on the contrary, society itself, taking into account the interests of citizens, not only forms a system of power relations, but also outlines the ways of functioning and development of the state. This is caused by the fact that in a democratic management system, the main source of power is the community. Taking into account the current trends in the development of the organization of state power, we note that public management of society should have signs of self-development, independence and self-identity. This involves the orientation of the direction of research in the direction of expanding the question of the possibility of combining two roles by society at the same time: the object and the subject of control. In relation to this aspect, it is worth noting that civil society, presented in the form of an integral system of horizontal connections, guarantees control over the state apparatus. The purpose of the article. The purpose of the research carried out in the presented article is to determine the main scientific approaches to the control of civil society by the state apparatus. Methodology. The following is decisive in the research methodology. In connection with Russia's military aggression against Ukraine, it can be argued that a peculiar phenomenon arises because of the war, in that the government itself must provide conditions for the transformation of the role of society in the sphere of governance and power in the state. Control as a process and as a purposeful activity is carried out within the framework of subject-object interaction. Based on this context, the management of society is not just a type of state management, but a unique method of public management, which includes, among other things, the activities of civil society structures. Power can be exercised both directly by the community and by its representatives. Regardless of this, the government continues to play the role of a voluntary relationship between disparate parts of society, which realize their will and interest. Control as a specific tool of self-preservation of the state power system ensures its interaction and protects against threats of weakening legitimacy. Scientific novelty. They received further development: a historical review of the main approaches to the concept and features of civil society in interaction with the state apparatus, which allowed to highlight the following features: it is a community of citizens; it provides communication between citizens and the state; provides this connection in the form of a right; does not belong to the state; has its own structure; based on the institution of ownership; related to the implementation of citizens' needs; interacts with the state on the principle of feedback; the definition of the concept of civil society as a community of citizens who own property and seek satisfaction of their needs through interaction with the state in a legal form and through the creation of various associations, organizations and other institutions that are not part of the state apparatus, but interact with it according to principle of feedback. Conclusions. The given definition of civil society in interaction with the state apparatus implies the possibility of distinguishing individual subjects in civil society that have the following characteristics: they are citizens or their association; have economic interests and other needs; that are not part of the state apparatus and, because of this, do not possess state-authority powers; who seek to satisfy their needs through interaction with the state; carry out such interaction in a legal form.
References
Aristoteles. Politik / Dtsch. Übers. v. J. G. Schlosser. Lübeck; Leipzig, 1798. 670 р.
Цицерон М.Т. О государстве. Диалоги. пер. В.О. Горенштейна. М. : Науч.-изд. центр "Ладомир" : Наука, 1994. С. 22-24.
Laertius D. Vitae philosophorum. Hrsg. M. Marcovich, H. Gärtner. Stuttgart Leipzig; München, 1999. рр. 10, 151–152.
Magnus A. Commentarii in octo libros Politicorum Aristotelis. Paris, 1891. T. 8. р. 6.
Aquinas Th. Summa theologica. Tustin, 2015. p. 115.
Aquinas Th. Contra impugnantes Dei cultum et religionem. 2013, p. 241.
Luther M. Predigten über das 5. Buch Mose. Idem. Werke. Kritische Gesamtausgabe. Weimar, 1903. Bd. 50. 652 р.
Melanchthon Ph. Loci theologiсi. CR. Bd. 2011. р. 991.
Bodin J. Les six livres de la république. Paris, 1583. P. 474.
Hobbes Th. Elementa philosophica de cive. Paris, 1642. P. 178.
Alsted J.H. Cursus philosophici encyclopaedia. Herborn, 1644. Bd. 3. рр. 164, 167.
Locke J. The Second Treatise of Civil Government. London, 1690. рр. 27, 123–124.
Rousseau J.J. Discours sur l’origine de l’inégalité parmi les hommes. Idem. Oeuvres compl. Paris, 1964. T. 3. P. 164.
Pufendorf S. De jure naturae et gentium. 1672. Frankfurt, 1711. Bd. 2. P. 420.
Leibniz G.W. Textes inédits. Année, 1949. T. 2. P. 602.
Wolff Ch. Institutiones juris naturae et gentium. Halle; Magdeburg, 1754. pр. 31-32.
Heineccius J.G. Elementa juris naturae et gentium. Halle, 1738. p. 445.
Ludovici C.G. Großes vollständiges Universallexicon. Zedler, 1744. Bd. 39. p. 640.
Kант И. Метафизика нравов. Соч.: В 6 т. Москва, 1965. Т. 4, ч. 2. С. 224.
Heydenreich K.H. System des Naturrechts. Leipzig, 1795. р. 205.
Gros K.H. Lehrbuch der philosophischen Rechtswissenschaft. Tübingen, 1805. р. 168.
Krug W.T. System der praktischen Philosophie. Wien, 1818. р. 245.
Heeren A.H.L. Ueber die Entstehung, die Ausbildung und den practischen Einfluß der politischen Ideen in dem neueren Europa. Idem. Kleine historische Schrift en. Wien, 1817. Bd. 1. рp. 348–349.
Гегель Г.В.Ф. Философия права. М., 1990. С. 228.
Wieland C.M. Anmerkungen… zu Einige Bemerkungen über das Sendschreiben des Herausgebers des teutschen Merkurs an Hrn. Prof. Ehlers. Idem. Gesammelte Schrift en. 1. Abt. Berlin, 1930. Bd. 15. р. 470.
Gramsci A. Prison Notebooks Of Antonio Gramsci edited and translated by Quentin Hoare and Geoffrey Nowell Smith. London, 1971. p. 447.
Habermas J. The Structural Transformation of the Public Sphere. Cambridge, 1991. p. 49.
Коэн Д.Л., Арато Э. Гражданское общество и политическая теория. Москва: Весь Мир, 2003. С. 134.