Political and legal ideas of early socialism. Utopia T. Mora...

Political and legal ideas of early socialism. Utopia T. Mora, Sun City T. Campanella

The politico-legal thought, divided by the Renaissance and the Reformation, tried not only to provide answers to the burning issues of political, social and religious life, but also to design projects for the ideal social system of the future. Among such developments in the XV-XVII centuries. there were also the first socialist programs reflecting the aspiration of the social lower classes to social justice and equality.

The most famous socialist projects of the future in the period under consideration were created by the Englishman Thomas More (1478-1535) in the work "Utopia" and the Italian Tommaso Campanella (1568-1639) in his composition "The City of the Sun".

Thomas More became famous as a brilliant lawyer, was elected to parliament, then served as a judge.

In 1516, the Utopia, or Golden Book, as useful as the amusing, about the best state structure and the new island of Utopia, was published. . This work Mora should be perceived only as fiction, because the author himself in every way strives to emphasize the fantasy and unreality of his project. Utopia in Greek means "place that is not". The capital of Utopia is called Amaurotho (Greek amaur'os - vanishing), which once again emphasizes that the city eludes and disappears like a mirage. The river of Utopia is called Anidra (Greek anhydros - devoid of water), i.e. not a river of water, but a river without water; At the same time, the prince is called Adem (Greek negative particle alfa and demos - people), which means "ruler without people". Obviously, we are talking about a linguistic game that confirms the tension between the real and the surreal, the expression of which was Utopia.

Utopia was not a social program for realization, but at the same time it defined principles that could be embodied through hints, allegories, constantly pointed to social ills and methods of their treatment.

The work was written by the author during a trip to Flanders (present-day Belgium, Denmark, Holland) as part of the embassy. The composition is written in the form of a dialogue: a navigator named Raphael Gitlodei tells the author about the various peoples and countries he saw, including the island of Utopia.

In the first part of the work, in bright light, England is represented with its history, traditions, social dramas of that time (restructuring of the agricultural system, which deprived the land and the work of a large number of peasants, religious struggle and intolerance, insatiable thirst for enrichment). Moore sharply criticized the fencing and bloody laws of modern England. The replacement of herding with sheep breeding led to the mass expulsion of peasants from their homes. Vagrancy increased in the country, the number of crimes increased. Condemning the senseless cruelty of numerous laws directed against thefts and vagrancy, Mor sharply raised the question of the causes of crime in contemporary society. The main cause of all disasters, Moore considered private property and money. It is they who generate crimes that are "exposed to daily punishment, but not curbing", so society itself "creates thieves and simultaneously punishes them". Author Utopias one of the first showed that the complexity and intricacy of legislation meet the interests of the wealthy strata of society and are directed against the poor. The living conditions of ordinary people, their humiliated position, do not provide an opportunity to understand complicated legislation, to interpret and understand its intricate provisions. The egoism of the rich is also due to the use of harsh, unjust punishments to the poor.

The second part of the book describes the institutions and customs of the inhabitants of the island of Utopia, located in the New World, somewhere in the southern hemisphere.

The key point of the fantastic project is the lack of private property. Still Plato in the "State" argued that property separates people from the barrier "my" and "yours", while the community of property restores unity. Mor, inspired by Plato, suggests in Utopia to socialize all property and introduce universal labor binding.

All citizens in Utopia are equal to each other: there are no property inequalities and differences in social status. The inhabitants of Utopia are mainly engaged in farming and handicrafts. The working day is only six hours. The rest of the time remaining between the hours of work, sleep and eating is given to everyone's personal discretion, but not to abuse it in excess or laziness, but to be free from their craft, for better understanding, to successfully apply this watch on any other occupation. These gaps are most given to the sciences .

According to the form of government, Utopia is a federation of 54 cities.

The design and management of each city are the same. There are 6000 patriarchal families in the city; in the family - from 10 to 16 adults. Each family is engaged in a certain craft. "To work in the surrounding countryside, rural villages are formed"; (from 40 adults), in which a resident of the city must work for at least two years (encouraged by the townspeople who remain in the village family beyond this period).

Officials in Utopia Elected:

- every 30 families are elected for a year as a philharche (syfogrant);

- at the head of 10 philharmonics stands one protofilarch (trabi),

- protophilares are selected from among scientists. They form the city senate, headed by the prince;

- the prince (nrinceps) is elected by the city's philharmes from candidates nominated by the people; the post of prince is irremovable if he is not suspected of striving for tyranny.

The most important affairs of the city are decided by people's congresses, they also elect the majority of officials and hear their reports.

The highest authority is the Utopian Senate, consisting of 162 people (but three representatives from each city). The general affairs of the island are discussed in the Senate: the redistribution of products, labor, the reception of foreign embassies, etc.

In Utopia, there is wide tolerance. There are many religions and sects here. At the same time, the atheist "utopians do not have any respect, they do not give any important office or any service at all. He is considered everywhere for being useless and base. But he is not subjected to any punishment, ... does not make him threaten to hide his mood. " However, the Utopians forbid atheists to publicly defend atheism. In private conversations with priests and other knowledgeable people in these matters, they are not forbidden to show their attitude to religion.

Wherever possible, the state seeks to do without prohibitions and regulations limiting the freedom of citizens. There are public dining rooms, but you can cook at home.

The state makes extensive use of measures to encourage individuals who perform activities that are beneficial to society. In Utopia, citizens who voluntarily perform particularly difficult or unpleasant jobs are surrounded by universal honors. At the same time, it is the duty of the Philharmonic to observe that no one is idle, each is diligently engaged in his craft.

There are new and original arguments by Mora about the right in Utopia. Since Utopia lacks private property and money, disputes between Utopians are rare and the crimes are few; therefore, the Utopians do not need extensive and complex legislation. The utopians themselves consider it extremely unjust to bind people with such laws that are inaccessible to everyone's understanding or whose number exceeds the possibility of their reading. "They resolutely reject all lawyers, cunningly leading businesses and craftily interpreting the laws ... recognize in the order of things that everyone is leading his own business and passes on to the judge the very thing that the defender was about to tell. In this case ... it is easier to achieve the truth, since it will be the one whom no defender has taught to embellishments, and at the time of his speech the judge can skillfully weigh everything and help cleverer people against slanderous fabrications more cleverly. In other nations, with such an abundance of the most complicated laws, this is difficult to observe, while in the case of Utopians, everyone is a lawyer. After all ... they have very few laws, and in addition, they recognize every law the more just, the simpler its interpretation. "

Peculiarly for his time Mohr solves the problem of punishment. "Usually all the most serious crimes are punished by the yoke of slavery. According to Utopians, it is quite harsh for criminals and more profitable for the state than to rush to kill the guilty and immediately eliminate them. The work of these persons brings more benefits than their execution, and, on the other hand, the example of them scares off the others from committing such a shameful act for a longer time. If, after such an attitude toward them, they again begin to rebel and oppose, they are stabbed, as indomitable animals, which can not be curbed either by prison or chain. But for those who are patiently slaving slavery, hope is by no means lost. If prolonged suffering tames them and they find remorse ... then sometimes the prince's power or people's vote can either soften their slavery, or stop it. "

Slaves perform particularly hard work and are chained in chains of gold and silver, which in Utopia are not values.

By the wars, Moore was negative, and their unleashing considered admissible in exceptional cases. The Utopians strongly abhor the war, as a truly brutal deed, although not one breed of beasts uses it as often as a man; contrary to the custom of almost all peoples, they do not consider anything as infamous as the glory gained by the war. Not wishing, however, to discover, if necessary, their inability for it, they are constantly practicing in the military sciences. They never start wars in vain, but only in cases where they defend their limits or drive away the enemies who invaded their friend's country, or they deplore any people oppressed by tyranny, and by their own strength release it from the yoke of the tyrant and from slavery; they do it in philanthropy. "

Soon after the publication of this book, the English King Henry VIII brought Mor to himself, appointing him to high government offices up to the highest - the Lord Chancellor. However, the career and life of T. Mohr ended sadly - he was accused of high treason, convicted and executed for refusing to swear allegiance to King Henry VIII as head of a reformed Anglican church. Since the pope did not consent to the divorce of the king with Catherine of Aragon, who did not give birth to the heir to the throne, Henry declared that the king should be at the same time the head of the church in the state. T. Mohr was a determined opponent of the Reformation, for which he paid.

In 1886, Moore as a victim of the faith was cited by the Catholic Church as a saint.

The subsequent theorists of early socialism experienced the strong influence of Utopia, including new ideas about the state and law. These ideas were further developed in the works of Tommaso Campanella .

Dominican monk Campanella was imprisoned for taking part in the preparation of an uprising against the Spanish yoke on the peninsula of Calabria (Southern Italy). In prisons where he spent about 27 years, Campanella wrote the work "The City of the Sun" (published twice during the author's lifetime in 1623 and 1637).

Sun City Book written 100 years after the "Utopia Thomas More. Campanella was well acquainted with the work of Mora and his influence on "The City of the Sun" well seen. The work is also written in the form of a dialogue: the sailor from Genoa tells the hotel about his adventures during the last voyage and about the arrangement of the City of the Sun, which he happened to visit. The city is also located somewhere on the island near the equator. There is no private property, no commodity-money relations, all work in accordance with their natural inclinations, labor is honorable. Education and training are linked to productive work, organized and regulated by the state.

Campanella's thoughts on the best social order differ from Mor's views in that Campanella tried to extend the principle of community and marriage and family relations. The production cell in the City of the Sun is not a family, but a workshop or a brigade. The generality of marriage and family relations allows the state to regulate childbearing. "They see childbirth as a religious affair aimed at the welfare of the state, and not individuals, in which it is necessary to obey the authorities. And the fact that we consider it natural for a person to have his own wife, house and children in order to know and educate their offspring, they reject this, saying that procreation serves to preserve the family, as St. Thomas says, and not an individual person. So, the production of offspring means the interests of the state. "

The whole life of solariums (inhabitants of the City of the Sun) is carefully regulated. They wear the same clothes, receive the same food (only in public canteens), they go to work, eat, rest and have fun. They work no more than four hours a day, and everything else is spent in pleasant pursuits in science, interviewing, reading, telling, writing, walking, developing mental and bodily abilities, and all this is done happily. "

In the description of the orders of the City of the Sun, much more sharply than in "Utopia", egalitarianism and crude asceticism are proclaimed. The principle of the barracks in everyday life makes it possible to consistently realize the idea of ​​extreme equality in society, including private life.

Campanella portrays a completely new organization of state power, which has no analogues in history. Scientists and people who are versed in any branch of knowledge or art form a centralized hierarchy of officials.

At the head of the city is the supreme ruler - "The Sun" ("Metaphysician") is a fully educated person, versed in all sciences, arts, crafts. "He is the head of all in both secular and spiritual, and on all issues and disputes he makes the final decision." With him there are three co-rulers: Pont, Son and Mor, ie. Power, Wisdom and Love.

In the conduct of Pon (Power) there are all questions concerning war and peace: military art, supreme command in war. He manages military posts, soldiers, knows supplies, fortifications, sieges, military vehicles, workshops and craftsmen who serve them.

The maintenance of Sini (Wisdom) is subject to free art, crafts and all sorts of science, relevant officials and scholars, educational institutions. The number of officials subordinate to him corresponds to the number of sciences: there are the Astrologer, Cosmograph, Geometr, Historiographer, Poet, Logician, Rhetor, Grammatic, Physician, Physicist, Politician, Moralist. They have only one book, called "Wisdom", where all sciences are surprisingly condensed and accessible.

The maintenance of Mora (Love) is subject to childbirth and to ensure that the combination of men and women gives the best offspring. Under the authority of the same ruler is the upbringing of newborns, medicine, the manufacture of medicines, crops, harvesting and harvesting, farming, cattle raising, table and everything related to food, clothing and relations of the sexes. At his disposal are mentors and mentors, who are responsible for monitoring all this.

The metaphysician observes all this through the three rulers mentioned above, and nothing happens without his knowledge. All the affairs of the republic are discussed by these four persons, and all others agree to the opinion of the Metaphysician.

In the City of the Sun, twice a month (every new moon and full moon), a general meeting of all solariums, reached the age of 20, is convened, at which all important issues of the life of the state are discussed.

There are rights, justice, punishments in the City. Laws are few, brief and clear. The text of the laws is carved on a copper board at the door of the temple, where justice is administered.

Solariums argue with each other almost exclusively on matters of honor. Penalties are given in justice and accordingly misconduct.

In every way emphasizing the honor of labor after Mor, Campanella condemns slavery; therefore criminals in the City of the Sun are not awarded to public works.

Judicial proceedings in the City are carried out verbally. Judges are the main masters along with Pon (Might). There are no prisons in the state. When appointing punishment to persons who commit violent crimes, the principle of talion is applied. The death penalty is executed only by the hands of the people, who kill or beat the convicted person with stones, and the first attacks are brought by the prosecutor and witnesses. They do not have executioners and lictors, so as not to desecrate states. For less serious crimes, the expulsion, scourging, reprimand, removal from the general meal, excommunication from the church and prohibition to communicate with women are used as sanctions applied to the defendants.

These orders Campanella calls, like the Utopia of Thomas More, "a model for nosical imitation."

And "Utopia", and "The City of the Sun" belong to those works about which it can be said that they influenced the course of history: "In them, a man, tormented by the violence of an unjust society, declares a protest that will never be drowned out. The first of the impotent reformers, shut up in the world by being too deaf and too hostile to listen to him, he taught how to fight the only way that remains unarmed culture people who, turning to future centuries, sketch the program not then to invoke to direct action, to stir up consciousness. And to this day brilliant realists, whom the world calls the word "utopians", are doing exactly that which is given to them: as seafarers, shipwrecked on an uninhabited island, they throw a message in the bottle in their descendants. "

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