Neighborhood community: one of the original forms of social organization of humanity. Primitive neighborhood community

At all times, people have tried to unite into certain groups in order to make it easier and more convenient to coexist: to get food, maintain everyday life and defend themselves from the enemy. In this article I would like to talk about such a form of primary community as a community.

What it is?

First of all, it is worth understanding the very concept of “community”. This is a certain form of coexistence of people (both blood relatives and those without close ties), which arose back in primitive times. It is worth saying that there is tribal community, family, and also neighborly. Let's start with the most important thing. The clan community itself is the first step towards people organizing their way of life, a transition from such a disordered form of people living together as a herd. This became possible during the heyday of matriarchy (a woman was considered the head of the family). This form of cohabitation itself was based on blood relationship. Its essence consisted in the following points:

common housing for all members;
shared household management: division of responsibilities;
joint work for the benefit of the community.

These are the three main points that united people to achieve one goal - a normal existence. Also, this form of living together and living together implied not only caring for oneself, but also for one’s descendants (which was not the case with the herd form of life). An important point was also the primary division of labor: women were mainly involved in housework, men - getting food. As mentioned above, the clan community arose during the heyday of matriarchy, so often the father of the child was not known (this was the form of marriage relations at that time), the line of kinship was traced from the mother. Somewhat later, the circle of persons who could participate in the ceremony was narrowed and sexual relations between half-brothers and sisters were prohibited.

Rulers of the clan community

Who ruled the tribal community? For this purpose, there was a certain structure of government bodies:

general meeting of the clan - here a collective decision was made on a particular issue;
council of elders - decisions were made by special people whom the community trusted;
the leader, elder - could make a personal decision, because again, they trusted him unconditionally.

Family community

Having understood what a clan community is, it is worth spending a few words on such a form of organization of people as the family community. This is the next stage in the development of collective coexistence of people, based on the development of agriculture and the emergence of special tools and labor technologies (the emergence of the plow for cultivating the land, the spread of cattle breeding). The family community included several generations of blood relatives. Interestingly, their number could even reach 100 people. The essence of a family community: collective ownership of everything that is in the family. At the very beginning, the management of this form of organization of people was carried out more democratically: the oldest man (or elected) was considered the head, and on the female side - his wife. Somewhat later, they began to elect a “senior”, who was actually the owner of everything that belonged to the family community.

Neighborhood Community

The next stage of development human relations- ancestral It was also called land, or rural. Its distinctive feature from those described above is that here people might not be related by blood to each other. This form of relationship arose during the period of collapse of tribal relations. At first, people were united by all the tools of labor, livestock and land, but a little later everything changed: residents began to be divided according to skills, hard work, and the ability to accumulate wealth. This form of coexistence was more difficult in that it required the unity of the neighboring community, which was not so easy to achieve.

The Mesolithic and Neolithic periods became a time of change in the main unit of the then society - the community.

As farmers improved their tools and used draft animals, the individual family became an increasingly independent production unit. The need for joint work disappeared. This process was enhanced by the introduction of bronze, and especially iron, tools. The tribal community gave way to the neighboring one. In it, tribal ties were replaced by territorial ones.

Housing, tools, and draft animals in the neighboring community become the property of individual families. However, arable and other land continued to remain in communal ownership. As a rule, members of one family worked on the arable land, but clearing the fields and irrigating them were carried out jointly by all members of the neighboring community.

Among pastoralists, clan relationships lasted longer than among farmers. The herds remained the common property of the clan for a long time.

Over time, equality within the community became a thing of the past. In the families themselves, the power of the head over other household members increased.

“Which families became wealthier than others, accumulated wealth. The leaders and elders found themselves in the most advantageous position.

At the origins of statehood.

The highest governing body in communities and tribes was the meeting, in which all adult community members and members of the tribe took part. Elected by the assembly for the period of hostilities leader was entirely dependent on the support of his fellow tribesmen. Elders formed the tribal community council. All relations within society were regulated by customs and traditions. Thus, the organization of power in primitive communities and tribes can be called self-government.

As material inequality developed, inequality in governance also increased. Wealthier members of the community and tribe began to exert increasing influence on management. In the people's assembly, their word becomes decisive. The power of the leader extended to periods of peace, and gradually began to be inherited. In conditions of growing inequality, many customs and traditions ceased to effectively regulate life. The leaders had to resolve disputes between their fellow tribesmen and punish them for offenses that could not have happened before. For example, after the emergence of property in individual families, theft appeared, which did not exist before, since everything was common.

The development of inequality was facilitated by increased clashes between tribes. During the Paleolithic period, wars were rare and often stopped at the first wounds. Wars were fought constantly in the context of the formation of a productive economy. Individual communities and tribes accumulated large reserves of food. Other tribes, poorer ones, were jealous of this. And the rich tribes were not averse to making money on the side.

For successful defense and attacks, the tribes united into alliances led by a military leader. They rallied around the leaders best warriors(vigilantes).

In many ancient societies, leaders also acquired priestly functions: only they could communicate with the gods and ask them for help for their fellow tribesmen. The leader-priest led the rituals at the temples.

Over time, the tribesmen began to supply the leader and his entourage with everything they needed. Initially these were voluntary gifts, signs of respect. Then voluntary donations became mandatory taxes - taxes. The material basis for this phenomenon was success in economic development. It is estimated, for example, that the primitive farmer of Western Asia provided himself with food for a whole year in two months of work. The rest of the time he gave what he produced to the leaders and priests.

After a successful raid on their neighbors, the leader and his warriors received a larger and better part of the booty. The elders and priests also got a lot of spoils. There were also prisoners among the booty. Previously, they were released, either sacrificed to the gods, or eaten. Now the prisoners were forced to work. The growth of wealth of leaders and nobles as a result of wars further increased their power over their fellow tribesmen.

Tribes united in alliances were usually not friendly with each other. Often one tribe dominated an alliance, sometimes forcing others to join the alliance. It was not uncommon for one tribe to conquer another. In this case, the conquerors had to develop new control mechanisms. The leaders of the conquering tribes became rulers, and their fellow tribesmen became assistants in managing the conquered. Created structure resembled in many ways state, one of the main features of which is the presence bodies for managing society, separated from society itself.

At the same time, the traditions of self-government persisted for a very long time. Thus, even the most powerful leader convened a people's assembly, where important decisions were discussed and approved. The assembly elected a successor to the deceased chief, even if he was his son. The role of self-government increased in extreme conditions: during an attack by a stronger enemy, a natural disaster, etc.

The first states arose where leaders and their assistants also became leaders of economic life. This was the case in those places where farming required the construction and maintenance of complex irrigation structures.

The beginning of civilization.

The period of primitiveness in certain areas of the earth ended at the turn of the 4th-111th millennium BC. It was replaced by a period called civilization. The word “civilization” itself is associated with the word “city”. City building is one of the first signs of the birth of civilization. Civilization finally took shape after the emergence of states. Gradually, a culture characteristic of civilization was formed. began to play a huge role in this culture and in all life. writing, the emergence of which is also considered the most important sign of the transition to civilization.

By the end of the Ancient World period (5th century AD), the area of civilization was a strip of land from the Atlantic to the Pacific Ocean. Outside this strip lived tribes that did not have their own states. The area of civilization expanded, although there was also a reverse movement due to wars and natural disasters.

Civilization different nations had its differences. It was influenced by natural and climatic conditions, the circumstances of the historical path of peoples, etc. Historians talk about different ancient civilizations. Sometimes this term refers to the history of an individual people or state (ancient Egyptian civilization, Sumerian civilization, Chinese civilization, Greek civilization, Roman civilization, etc.). However, the civilizations of the Ancient World had a lot in common, which allows us to combine them into two models - ancient eastern civilization And ancient civilization.

Ancient Eastern - the first civilization. Its most ancient form was the state in the valleys of the great rivers - the Nile, Euphrates and Tigris, Indus, Yellow River. Then states emerged outside the river valleys. It was typical for all ancient Eastern countries big role state power, the enormous power of monarch rulers. The predominant population was the peasantry, united, as a rule, into communities. Slavery played a minor role.

Ancient civilization developed later. It mainly covered the Mediterranean region. True, the first states here are also attributed to the ancient Eastern civilization. However, then, for reasons that are not entirely explained, development took a different path. The features of self-government began to predominate in the state structure of ancient states. Ancient states were called policies. Rulers in the polis were elected at popular assemblies, the role of state bodies was played by the former community structures, for example, the council of elders (Areopagus, Senate). However, over time, the polis system was replaced by monarchical power. In ancient states, a significant part of the population lived in cities. Along with agriculture, crafts and trade became of great importance. Slave labor played a significant role.

TOPIC 2 CIVILIZATIONS OF THE ANCIENT WORLD

Neighborhood Community - these are several clan communities (families) living in one area. Each of these families has its own head. And each family runs its own farm and uses the produced product at its own discretion. Sometimes a neighboring community is also called rural or territorial. The fact is that its members usually lived in the same village.

The tribal community and the neighboring community are two successive stages in the formation of society. The transition from a tribal community to a neighboring one became an inevitable and natural stage in ancient peoples. And there were reasons for this:

The nomadic lifestyle began to change to a sedentary one. Agriculture became arable rather than slash-and-burn. The tools for cultivating the land became more advanced, and this, in turn, sharply increased labor productivity. The emergence of social stratification and inequality among the population.

Thus, there was a gradual disintegration of tribal relations, which was replaced by family ones. Common property began to fade into the background, and private property came to the fore. However for a long time they continued to exist in parallel: forests and reservoirs were common, and livestock, housing, tools, and plots of land were individual benefits. Now every person began to strive to do his own business, earning a living from it. This undoubtedly required the maximum unification of people so that the neighboring community continued to exist.

Differences between a neighborhood community and a tribal community

How does a tribal community differ from a neighboring one?

Firstly, because in the first prerequisite there was the presence of family (blood) ties between people. This was not the case in the neighboring community. Secondly, the neighboring community consisted of several families. Moreover, each family owned its own property. Thirdly, the joint labor that existed in the clan community was forgotten. Now each family worked on their own plot. Fourthly, so-called social stratification appeared in the neighboring community. More influential people stood out and classes were formed.

A person in a neighboring community has become more free and independent. But, on the other hand, he lost the powerful support that he had in his tribal community.

When we talk about how a neighboring community differs from a tribal community, it is necessary to note one very important fact. The neighboring community had a great advantage over the clan: it became not just a social, but
socio-economic organization. It gave a powerful impetus to the development of private property and economic relations.

Neighborhood community among the Eastern Slavs

Among the Eastern Slavs, the final transition to a neighboring community occurred in the seventh century (in some sources it is called “rope”). And this kind social organization lasted long enough. The neighboring community did not allow the peasants to go bankrupt; mutual responsibility reigned in it: the richer helped out the poor. Also, in such a community, rich peasants always had to focus on their neighbors. That is, social inequality was still somehow restrained, although it naturally progressed. A characteristic feature of the neighboring Slavic community was mutual responsibility for committed misdeeds and crimes. This also applied to military service.

Finally

Neighborhood community and clan community are types of social structure that existed at one time in every nation. Over time, there was a gradual transition to a class system, to private property, and to social stratification. These phenomena were inevitable. Therefore, the communities have become a thing of history and today are found only in some remote regions

Today, many believe that the worldview of our Ancestors has lost its relevance. The modern world has a completely different rhythm than a hundred or even fifty years ago. The ancient Slavs said that the harmony and well-being of human life directly depends on...

class formation)

signs of a neighboring community:

1.based on producing economy

2. growth in number to 1000 people

3. consanguinity remains

the only sign of a person’s entry into the community now becomes ownership of land GENERALLY THE FOUNDATION OF THE LAND.

4. land rights riding collective property. The rights of the entire community stand above the rights (“above”) of each member.

efficient farming ( individual farm), but the interests of each individual household are taken into account

a new form of ownership emerges - labor(personal) own oz-

beginning - ownership of everything related to personal labor: while the community member works on this land,

he has the right to this land and to everything that he produces with his labor on this plot - this is his property.

As a result, there was a transition from collective farming To individual farm.

With the transition to the neighboring community, from the second stage of the genesis of the state, the period begins

so-called social revolution– this is a period of deep socio-economic transformations

titles, the result of which, in the end, was the emergence of private property, classes and the state

with the transition to neighboring community begins to collapse egalitarian society (i.e. a society of equality), because it is during this period that it begins to appear wealth inequality(property differentiation).

Collective fund

Collective fund serve as a prototype of the future tax systems state period

donations. Idea taxes“grew” from an idea collective fund– creation of a general fund for

general needs. Only in primitive society were these the general needs of the community, and when

the first states (in the form communities-states) – these general needs will become national.

How does exploitation occur? Where can I get additional labor?

1) Capturing prisoners and turning them into slaves.

2)Usage strangers(lat. clients; from lat. clients“obedient” – clientes“those who are obedient [to their master]”).

Exploitation(lat. usage[other people's labor on their means of production]) –

this is appropriation surplus product owner of the means of production based on

We own the means of production in the sphere of production.

Stage 1!

Class formation period. Formation social structure . The emergence of private and state property.

In order to form classes, it was necessary that means of production sko-

were centered in private hands and private economies arose based on the exploitation of

We tira te om labor.

During this period, property differentiation appears caused the emergence of a layer of officials (i.e. contributed to the emergence social differentiation ), and this opened up access to public wealth, as a result of which wealth inequality not only consolidates, but also grows further. The gap between the rich and the poor was increasingly widening. However, the layer of officials is only a group of people with special functions, and not a special layer in general. That is, as before, there are no classes or estates.

The emergence of social stratification (formation of social layers/ groups):

Management of collective production and distribution of collective wealth becomes a hereditary privilege - management of the community collective fund is hereditary. From the moment when management functions and position become a hereditary privilege of data family groups(a new layer of managers), from this moment a layer of communal nobility appears in the community.39 The remaining community members will form a layer of ordinary community members.

1) Layer communal nobility initially it develops as layer, managing, as a layer that has concentrated in its hands the management of production and the collective of the community

2) layer ordinary community members, which initially adds up as layer of people, not performing management functions(they only take part in people's assembly), which was assigned production functions.

The situation differed sharply from the economic and social status of the community members

persons who were not part of the community collective and did not have rights to land - these are strangers And slaves, work

melted into collective fund communities (different peoples called mob, vile people And

Thus, in the third stage genesis of the state appear four social layers

(or social groups).

Question No. 2: The emergence and political system (based on the customs of state law) of the early form of the state (community-state) [using the example ancient egypt and Mesopotamia] (end of the 4th - first half of the 3rd millennium BC).

During the period of the emergence of the first states of legislative regulation (i.e., with the help of laws), state-legal relations did not exist. The main source of state law was state custom, which is a type of legal custom. Therefore, the formation and development of public authorities was based on legal customs. But legal custom does not have a strictly fixed form (it is not written down)

The formation process began with the unification of several small neighboring communities-settlements into a larger neighboring community, called the territorial community. Then several territorial communities were united into a community-state. This process of uniting communities into a larger community was called synoicism in science (Greek “settling together, settling together.”) If you look at the structure of this public education, then you can see that the community-state included the main settlement, where the government authorities, the main temples, the central market (fenced by defensive structures, for example, a fortress wall - hence the name “city”) were located, the rest of the settlements and the surrounding countryside district.

If this state is called a “city-state,” then its borders should run along the fortress wall - the border of the city. However, it is not. The state includes the remaining settlements and rural areas - all of this is united under the common name “community-state”.

A “big leader” becomes over the territorial community. The heads of individual settlements (“small leaders”) are subordinate to him.

The form of the state in them is characterized by the establishment of a monarchical form of government (in the form of an early monarchy - the first type of monarchy, which was a limited monarchy

Egypt: communities-states appeared here first - in the 33rd century BC. About 38-39 communities-states arose. When in the 3rd century BC. the history of ancient Egypt was written in Greek, then in Greek they began to be called nom. The head of the nome was called in Greek nomarch (literally “having power in the nome”). From the rethinking of this term, the term monarch arose

Mesopotamia: the first communities-states arose here in the middle of the 28th century BC. Called ki (in Sumerian); or later in Northern Mesopotamia with the spread of East Semitic languages began to be called àlum (in Akkadian).

Unification of Egypt at the end of the 4th millennium BC. under the leadership of a single king, accelerated the creation of a centralized bureaucratic apparatus here, which at the regional level was organized according to ancient traditional nomes and represented by rulers-nomarchs, temple priests, nobles and royal officials of various ranks.

With the help of this apparatus, systematically endowed by the central government, the power of the pharaoh was further strengthened, who, starting from the III dynasty, was not only deified, but was considered equal to the gods.

The orders of the pharaoh were strictly observed, he was the main legislator and judge, appointed all the highest officials

The power of the pharaoh was already inherited in the Old Kingdom.

At all stages of Egypt's development, the royal court played a special role in governing the state. The development of the functions of the state apparatus can be evidenced by changes in the powers of the pharaoh's first assistant - the jati. He is the priest of the city - the residence of the ruler, at the same time the head of the royal court, in charge of the court ceremonial, the office of the pharaoh. In the new kingdom, the jati exercises control over all management in the country, at the center and locally, manages the land fund and the entire water supply system. In his hands is the highest military power. He controls the recruitment of troops, the construction of border fortresses, commands the fleet, etc. He also has the highest judicial functions. He considers complaints received by the pharaoh, reports to him daily about the most important events in the state, and directly monitors the implementation of the instructions received from the pharaoh.

The second governing body of the community-state received the council of the nobility (jajat). Its members were called sulfur. The council of the nobility (i.e., the council in which only noble people sat) appeared at the end of primitive society instead of the previous council of community elders. Now it was the council of the nobility of the entire community-state. The Council of Nobles is an advisory body to the ruler

Together they dealt with current affairs, i.e. The jajat was the administrative body. One of these cases was resolving taxation issues. Since the court was not separated from the administration, the jajat performed judicial functions (“court” in the sources). It should be noted that in ancient Egypt (this is its peculiarity), any official was necessarily at the same time a priest of some cult - there was no division of functions into secular and religious, i.e. there was no separate, special group of priests. Members of the council of nobility performed military functions (commanded troops of their relatives). An important function of the council of nobility was control over land transactions (the jajat recorded these transactions).

The third body is the people's assembly, which grew out of the people's assembly of the primitive neighboring community. The People's Assembly is not a permanent body that meets to decide the most important matters. It could not be permanent, since the community members needed to work in the fields. The People's Assembly decided the most important questions(question about power, land, war and peace). The People's Assembly, in essence, was a form of assembly of the community militia.

The community-state was divided into tops - territorial communities, which were administrative-territorial units of the state and at the same time were police (responsible for law and order on their territory), fiscal (responsible for collecting taxes and serving labor duties) and military (forming a community militia) districts.

In each territorial community (tope) there were three main local government bodies (the head of the community, the community council and the assembly of community members), which were independently formed locally).

The emergence of the first associations. Development of forms of government and forms of government. Differences between military alliance, confederation and federation. Territorial state [using the example of ancient Egypt and Mesopotamia] (end of the 4th - first half of the 3rd millennium BC).

In Egypt, the first communities - states - arose in the 33rd century. BC. Due to the fact that the communities of the state were located along the course of one river, for the normal functioning of the irrigation system it was necessary to create a unified irrigation and water supply system, so there was a need to unite these communities. A struggle for supremacy unfolds between the nomes, which soon leads to the emergence of the first associations. Today, Egyptologists know about the three most important confederations: the septs, Nechen, and Tinis.

Confederation – union of states, in which the states forming the confederation fully retain their independence, have own organs state power and management.

As a result of rivalry between confederations of communities - states, Upper Egyptian was later formed. Then 2 territorial states emerge: Upper and Lower Egypt. According to the state form. The two associations that emerged were federations.

Federation – state form A device in which parts of a single federal state are state. Entities with legally defined political independence

At the head of each state of 2 Egypt stood a ruler - a pharaoh. The form of government is monarchy. In both Egypt, governing bodies are being formed, i.e. central control apparatus.

The history of Egypt is divided into a number of periods called "kingdoms":

1) Early kingdom

2) Ancient kingdom

Both periods are the time of the existence of an early class society and an early monarchy.

3) Middle Kingdom

Society enters the stage of a developed slave society and a despotic monarchy arises (unlimited)

In Mesopotamia the situation was different. Here communities - states - were settled throughout the territory of Mesopotamia, and were loosely connected with each other. The unification process took place during the Early Dynastic period. This period is divided into 3 stages:

1) This was the stage when the struggle for supremacy in the region began between communities - states

2) A war broke out between two settlements. And at this stage a military alliance was formed

Military Union - a union of independent states with military-political goals. A single state does not arise in this case.

3) At this stage a confederation was created

The difference between a military alliance and a confederation is that a military alliance pursues only military-political goals, while a confederation pursues not only these, but also socio-economic ones. Confederations are very unstable associations. They have 2 ways of development: either it will move to a closer association - a federation, i.e. a single union state. or it will fall apart into separate states.

Here the situation took the second path. The new ruler united all of Mesopotamia under his rule and for the first time in the history of Mesopotamia created a territorial state. In terms of the form of government, it was a monarchy with a tendency to create unlimited power. About the state form device, we can say that the emerging state, through the stage of federation of communities, quickly moved to a unitary state.

Unitary state- state form a device in which the territory of a state is divided into administrative-territorial units that do not have the signs of independent statehood.

Question 4. The emergence of law. Distinctive features of early law. Characteristics of land relations in the ancient East based on the analysis of acts of purchase and sale of land (based on materials from Mesopotamia and Egypt, XXVIII-XXIV centuries BC). Formation of institutions of civil, criminal and procedural law in ancient legislation.* Development of legal technology

Even in primitive society, there were certain rules of human behavior - mononorms. It is not a rule of law, because One of the signs of law was the provision of state power. coercion, and in primitive society there was no state, therefore there was no law.

When primitive society ended when the process of the genesis of the state was completed, when private property and classes appeared - the state was formed, and with it the law.

Right– a regulatory system determined by the nature of man and society and expressing personal freedom public relations, which is characterized by: 1. Normativeness 2. provision of state opportunities. coercion 3.formal certainty

The law was formed on the basis of certain legal principles. 2 important ones:

1. The principle of justice

2. Principle of legality

Right different countries had similar features.

1. Separation or differentiation of legal norms from religious, moral and ethical norms occurs quite late

2. Early codes of law were written in a casuistic form

Casuistry of law– a set of individual legal cases, when a specific case corresponds to a specific sanction applicable to a given situation

3. Pre-bourgeois law is characterized by formalism

Legal formalism is a form of deformation of law, legal culture and legal implementation; those. such a situation in law when the onset of legal consequences were associated with performing strictly defined actions and uttering strictly defined phrases of a symbolic nature

4. In the initial stage of development of law, the legal system was preserved. arbitrariness is a situation in law when one of the parties to a legal relationship is legally allowed to act in relation to the other party without waiting for a government decision. organs

5. Blood feud was supplanted by talion

Talion principle– legal principle responsibility for a crime, according to which the punishment must cause the same harm as was caused to the victim by the crime

6. Pre-bourgeois law did not know the division into branches of law

The judges were distinguished by their low level legal technology – a set of methods, means, techniques for developing, formalizing and systematizing regulatory legal acts, executed in accordance with accepted rules to ensure their clarity.

At the end of the period of the genesis of the state, private ownership of land appeared, a new way of redistributing land appeared - purchase and sale, on the basis of which individuals acquired the right of private ownership of land.

Ownership- the most complete, least limited dominion of a person over a thing.

Land rights in ancient law were designated as follows:

1. Ownership by service

2. Possession by truth

For a long time, legal relations in Mesopotamia were regulated by legal customs. Uruinimgina announced new legal norms. These legal norms had low legal tenika – a set of methods, means and techniques for the development, execution and systematization of regulatory legal acts, used in accordance with accepted rules to ensure their clarity.

The “Laws of Uruinimgina” clearly expresses the casuistry of law, the formalism of law, and the rules of law have not yet been completely separated from moral and ethical norms.

Laws were adopted establishing punishment for murder, property crimes: robbery, theft, crimes against family foundations

Question 5. Despotic monarchy is a political system (based on the norms of state law) during the heyday of slave states and a developed slave society: the process of formation and essence. The chronological framework is the same. Historical types despotic monarchies in Mesopotamia and Egypt.

In the middle of 3 thousand BC. ancient society enters the stage of a developed slave society.

Developed slave society:

Neither the number of slaves, nor the presence, nor employment makes a society feudal, bourgeois, etc. Slaves were in feudal society. The presence or absence of slaves does not make it a slave owner.

During wars, the price of slaves fell, that is, slaves became available. Slaves always work poorly. They work poorly during wars and after wars. A sign of any developed class society is the formation of a middle layer. This sign operates in all societies (feudal, bourgeois, etc.).

At the beginning of the 20th century, a middle stratum began to form in developed countries. That is, it moves into a developed bourgeois society.

Social groups that developed in ancient society:

1) The communal nobility is a class of full-fledged free people. Exploiter class.

2) Ordinary community members are the class of full-fledged free people. Class of small unexploited producers.

3) Strangers - a class of incomplete free people. Class of exploited producers.

4) Slaves are a class of not free. Class of exploited producers.

During the period of wars, slaves became cheaper, so poor community members could buy slaves. When slaves appeared on the farms of ordinary community members, this led to a division of labor in the community farm. Slaves were not given skilled work; they were only entrusted with work that could be immediately checked for results. The most skillful, knowledgeable community members achieved great results, that is, expanding their farms. At a certain stage they expanded to medium size from small farming. The labor was done by strangers, slaves. From that moment on, he moved to the position of a person belonging to the middle layer.

The middle layer, originating from the top of ordinary community members. Those who expanded their farms to medium size.

We see that the middle layer does not constitute a separate independent class. The middle stratum is not the middle class.

The appearance of the middle layer indicates that society has become developed.

No society can jump straight into a feudal society; it must go through a slave system.

Despotic monarchy is historically the second type of monarchy.

A despotic monarchy cannot develop in a community-state. For its formation a territorial state is needed.

The despotic monarchy developed over a long period of time during the bloody struggle between the nobility and the monarchy.

The Greeks called the rulers of Persia "despotos". The rulers of Persia did not have an oppressive monarchy, but ironically, that's where the name came from.

The term dominus means “lord”, “master”.

A despotic monarchy is:

According to the form of the state:

1) Form of government: Monarchical. The second type of monarchy is despotic, after the early one. Unlimited monarchy in ancient times.

2) Form of government: Despotic monarchies exist as unitary states.

3) Political regime: Despotic monarchy states are an authoritarian political regime. All positions of the state apparatus are appointed at the will of one person. Either personally or on his behalf. All appointments are controlled by the head of state.

The state of the period of despotic monarchy is a special type of slave state, in the political system of which there are no bodies that officially limit the power (unlimited) of the monarch; the administrative-territorial unit of this state is the civil community, whose bodies perform the functions of the local government apparatus ( local authority), the central administrative apparatus (central authority), standing above the communities, is built on an administrative basis (appointment from above, payment for the position) and is headed by the monarch.

1) The economic basis of unlimited power is the public sector of the economy, based on state ownership of land.

2) The social basis of the unlimited power of the monarch was the service stratum and its elite (the service nobility), the supreme nobility.

3) The political base was the administrative apparatus of management, that is, the system of governing bodies directly subordinate to the ruler.

On ancient east the possibility for the formation of a despotic monarchy appears only with the emergence of territorial states. The struggle between the ruler and the nobility intensifies even more. This causes fierce resistance from the nobility.

If the nobles win, the ruler's power will remain limited, but within the framework of a territorial state (early monarchy)

If the ruler manages to win, the possibility arises of increasing power to unlimited proportions.

In order for a ruler to win, any strong political power must be based on 3 bases: 1) Economic. 2) Social. 3) Political.

the situation in Mesopotamia and Egypt on the eve of the emergence of despotic monarchies.

In the territory Egypt, the rulers of individual communities began to fight with each other. These nomarchs had a strong base. Amenenkhet is the third, enjoying the support of the middle stratum and ordinary community members. He took away the lands from the Nomarchs (deprived them of their economic base) This was the end of their freedom. It was he who completed the process of establishing a desoptic monarchy.

In Mesopotamia, the first known despotic monarchy was under Sharumken. The situation was as follows: There were separate communities of the state, united in confederations. Nevertheless, half of these lands were owned by the rulers.

Sharumken began to take hostages from noble families to his capital. No matter how many nobles rebelled, even in the second half of the reign, they were massacred. But, nevertheless, even after the death of Sharumken, they received the name Geremnid dynasty. The new kingdom began with the suppression of the rebellion and for a century and a half this dynasty slaughtered the nobility. Only over the course of a century and a half did they exhaust the old nobility.

The next despotic monarchy was founded by Ur-Nammu (2112 – 2094 BC). He began the founding of the third dynasty of Ur. He founded the second despotic monarchy. The Third Dynasty of Ur fell as a result of another invasion in 1996 BC. Amareev. During the Ur dynasty, a centralized unitary system was created. Amarei, whose name was Sumuabum In 1894 B.C. founded the first Babylonian dynasty in the small town of Babylon. In total, there were 3 despotic monarchies in Mesopotamia, and they were broken. It does not arise initially, but is formed as a result of the struggle for power. Hammurabi traditionally began his reign that in the 2nd year of his reign he announced a decree on justice. Hammurabi was going to war. Hammurabi realized that large-scale reforms needed to be carried out. He began a series of reforms in 1762 BC.

The first reform was called the temple reform. Each figure in the temple economy reported on their activities.

The second reform is tax reform. The taxation system and structure were streamlined tax management. As a result of these reforms, the state increased its revenues.

The third reform is administrative. The management system was streamlined. The state was headed by a monarch, the second person in the state was the chief adviser. Officials were in charge of managing the state economy. Hammurabi creates a large administrative apparatus. The central management apparatus was formed according to the administrative principle. A minor official was considered a scribe. Average officials received land for ownership and service, and it was called “ilku.” Major officials received land of more than 12 hectares depending on their position. Below the central government apparatus were local government bodies. The political regime is authoritarian. And state forms devices - centralized unitary state. The units of the state were regions or districts with former community states. At the head of each region was an official who governed the district. The regional manager had a deputy who was the state manager. farms of this state. Private property has not gone away. Under Hammurabi, the community prospered because he protected their interests.

Judicial reform. Deals with issues of legal proceedings and judicial system. main idea judicial reform is to establish uniformity. There was no separation of powers, that is, the court was not separated from the administration. Hammurabi, in order to sideline the nobility, instead of temple courts, created a system of state courts. This led to a reduction in self-government in civil law. Arbitrariness was allowed, since the crime was considered as a special case. In the field of procedural law, the issue was related to the bringing of witnesses. He imposed an obligation to bring witnesses to court.

The activities of community courts are placed under the control of the state.

Law reform is about writing laws. The reforms led to the emergence of new legal norms, and it was required that these norms be collected and systematized in a collection. Was compiled on tablets. The introduction lists various benefits to communities,

After 1757 until 1756, the last edition of the law was compiled.

Trade regulation. Property relations are connected with the main issue - maintaining the number of troops. Traders were seen as a source of trouble. Hammurabi transferred all traders to government service. Related to this is the regulation of the loan issue. The interest on the loan was limited. Hammurabi effectively eliminates debt slavery. It stipulates that the debtor himself or his family members must work off the debt, and the period of work off should be no more than 3 years. A hostage is a free person. And if he dies due to the fault of the creditor, then he will be held criminally liable. Hostages are not slaves.

Hammurabi united all of Mesopotamia under his rule, which became known as Babylonia. It creates a control system that did not exist. He was an unlimited ruler. His title reflected this. He provided. He provided the political structure. He ensured the unity of the legal system throughout the state.

Question 6. Land law of land relations in despotic monarchies based on the analysis of acts of purchase and sale, the land of the ruler of the Sargonist dynasty Manishtushu, the agrarian laws of Ur-Nammu, the ruler of the 3rd dynasty of Ur at the turn of the 22nd-23rd centuries BC, the agrarian laws of Hammurabi.

Land law regulates relations arising in connection with the distribution, use and protection of land.

In Mesopotamia 23-18 centuries BC, no division into branches of law existed.

The sources of land law were:

1) Legal customs (originated in the community, regulates community relations). At a certain stage it also becomes

2) Law. Regulated a smaller volume of legal relations.

The system of land law consists of a number of institutions (individual legal norms that were combined into a separate institution (a set of legal norms that regulate the homogeneous community of land relations) land law). The main ones were:

1) Ownership of land.

2) Other types of land rights (land ownership, land holding and land easements).

3) Institute of rental relations. Regulates: the procedure for granting land for lease, the terms of the lease, the rights and obligations of the lessor and the lessee.

The state regulated land relations as a powerful political organization and as the owner of the land. In this regard, the state had two powers:

1) Power imperium (jurisdictional power), that is, power not derived from the title of owner.

2) The power of dominium (to make one’s own). Denotes ownership of a thing.

What is the relationship between these powers? Jurisdictional power is higher than the powers of the owner. When a state governs its territory, even without being the owner of the land, the ruler can give orders regarding officials, land, etc.

The state, regulating land relations, was based on certain principles of land relations, which develop in ancient period:

1) Drawing up a state land cadastre (conducting an inventory of lands). The first such inventory was compiled during the first dynasties of Ur. The lands were described by fertility, the area of land plots was measured, and boundaries were established.

2) Providing a complex of neighborly relations. Neighbors are the owners of neighboring plots. A neighbor may be causing a nuisance using his property. This is due to neighboring rights or easements.

What inconveniences could arise? There are plots along the road. One plot (for which the easement (dominant thing) is being executed) is located away from the road. There is no access to the passage from the road. Therefore, get on it. This requires an easement (right of way). Or if there is no source of water, then the right to pump water is also granted (easement). To prevent the conflict from flaring up, the state had to regulate this.

3) Providing justice in case of land disputes. Initially, they were resolved in court on the basis of legal customs and judicial practice. Legislative support began with the laws of Ur-Nammu,

Institute of land ownership:

Based on the content of land purchase and sale acts. The land could be either privately or publicly owned (the property of the palace and temple farms) during the period of despotic monarchies.

1) Citizens (community members).

2) The state represented by the ruler.

In the public sector of the economy there could be no private property; only land ownership for service was possible.

Types of private property rights to land (we record primarily by acts of sale and purchase of land):

1) Individually. There is always only one buyer. He owned the land individually, that is, alone.

2) Citizens and community members own together. Usually brothers

Therefore, in the acts of purchase and sale we see many sellers, but this does not mean that there was collective ownership.

Object of land ownership:

1) Land plot. During the period of legislation, Mesopotamia was designated by the terms "field" or "agor" from the Romans in Latin. Land as an object of property rights had certain characteristics:

2) Turnover. Means that a land plot can be freely alienated, or transferred from one person to another, in the order of universal succession. Plots can be bought and sold. The first acts of purchase and sale of land appear at the time of the formation of the first states. Land can also be donated. At a certain stage, a plot of land becomes real estate. Initially, there was no division of things into “movables”. This can be seen from the laws of Uruinimgina, where things were divided into land and other things. This division of things had disadvantages. Everything that is on earth is connected to the earth. What applied to land now applies to things related to land. We see this in the law of Mesopotamia, especially clearly in the Laws of the 12 tables.

3) A land plot can be recognized as both a divisible and an indivisible thing. A land plot may be recognized as divisible if its division does not affect the economic use of the plot. In this case, the plot may be recognized as a divisible thing.

4) Fruits, products. Income received as a result of the use of a land plot belongs to the person using this plot legally. The role of such a person can be the owner, occupier, tenant, or emphyteus.

5) The land acts as a land plot limited in space. That is, the land has certain boundaries. There cannot be a plot just across the river, but there must be borders. These boundaries were indicated in the deeds of sale and purchase.

1) Power of disposal. That is, he can donate, sell, bequeath, lease, mortgage this land, etc. The owner cannot dispose of the thing.

2) Right of possession. It's about about the owner's possession. Allows the owner himself to actually possess the thing, treating this thing as his own.

3) Right of use. When the owner himself can use the useful qualities of the thing for himself. Without owning a thing, it is impossible to use it.

4) Receiving fruits and income. Receiving fruits in kind and income in cash.

5) The right to claim a thing from the possession of another person. In modern law it is that owners can demand a thing from the possession of another person. as long as he has the thing, there is no need for it. But it is necessary when his property is being held illegally. In this case, he will file a claim. This means that these powers are exercised in antiphase. This means that these are 2 different powers.

The problem is related to the fact that the reception of Roman law was carried out. And on the basis of this they wrote civil codes, supposedly experts in Roman law. They did not know that in Roman law there are 5 powers of the owner. In our Civil Code of the Russian Federation, we took Western law, that is, pandect law, as a model. As a result, the drafters of our Civil Code saw only 3 powers of the owner. They try to simplify this, but it is not allowed.

Protection of land ownership

Initially, it was carried out on the basis of legal custom, and there was no legislative regulation. When protecting land ownership, general rules were applied that related to the protection of society's property. The laws of Uruinimgina introduced legislative protection of land ownership. Article 27 establishes the confiscation of income and the payment of a fine in the amount of production costs by a person who illegally seized someone else’s field.

28 for flooding someone else's field (due to negligence in the laws of Hammurabi) a fine is established in the amount of 3 gur of grain (about 900 liters) for one ika (0.3 hectares) of field.

29 establishes compensation if the tenant fails to cultivate the field and causes material damage, then he also pays for it.

We see that the state has begun to legally protect the right of ownership of land. Even the use of special standards.

The basis for the emergence of land ownership.

According to the laws of Hammurabi:

Article 49. B in this case, we are talking about this type of collateral, which is designated by the concept of mortgage, that is, when a thing is transferred into the possession of a creditor (credi'tor). And the debtor (debi'tor). The land plot is transferred into the possession of the creditor. The fruits of the land go to pay off the debt.

Article 50 Provides for another type of pledge. Here we can assume that since the field was cultivated through the efforts of the debtor himself, the harvest remains in his possession. And from there I deducted the amount of debt + interest. In this case, we can talk about this type of pledge, when the pledged item remained in the possession of the debtor. In modern law, such a pledge is called a mortgage. In Roman law it is written (hypotheca). Roman law itself had many of its own mortgages, and they borrowed mortgages from the Greeks.

All types of pledges that the Romans had were types of pledge, where the pledged thing was transferred to the creditor. That is, the creditor held the collateral until the debtor repaid the debt. When the mortgage appeared, 2 issues were resolved. 1) With a mortgage, the debtor’s thing remains with him, and with the help of this thing he received fruits and income and thereby could pay off the debt and pay off interest. This was his advantage. 2) The benefit is that by using the thing, the debtor could receive the thing. With the advent of mortgages, a problem arose. Previously, the creditor could keep the thing, so there is nothing to keep. This led to the fact that many unscrupulous debtors, realizing that they would not be able to repay the debt, began to sell the collateral to a third party for a long time before repayment, receiving money. In this regard, the right of pledge appeared.

The right of the secured creditor to dispose of the thing is the right of pledge. The property law includes the right of pledge, and not the pledge, the institution of the law of obligations.

Difference between the law of liens and those liens: In the law of obligations, the relationship exists between two parties. And consequences arise only when the conditions are violated. And in property law, relations are relative.

It can be assumed that Article 50 could imply a type of collateral that the Greeks and Romans called a mortgage.

Grounds for the emergence of private property rights to land.

Methods of acquiring property rights are the institution of property law. Foundation is a broader concept. The basis may be a contract, inheritance, etc. The Romans already distinguished between methods of acquiring property rights and the basis for their emergence. Let's take it different agreements: Gifts. Ownership comes from the moment the thing is transferred. In case of an agreement of exchange, purchase and sale, etc. similar. 5 different bases, but the acquisition method is the same. If without formalities, then traditional (tradicio). If things are mancipated, then by mancipation, etc. So, the methods of acquiring property rights are not the basis.

Ways to acquire ownership are events real life, with which the law connects the onset of property rights.

Contracts are the basis, but not the means of acquiring property rights. Based on purchase and sale, barter, donation.

Based on acts of state bodies. The method of acquisition is by order of the authorities. In Roman law - assignatio.

Based on a court decision establishing land ownership. And the method is to acquire ownership rights by a court decision.

As a result of the acquisition of land, property on grounds permitted by law (by inheritance, when transferring property for debts, etc.)

Based on various transactions. The first type of contract is the purchase and sale of land. If the second party (buyer) does not accept the thing, he thereby violates the terms of the contract. The parties must agree on the price. Until they agree on a price, the contract is not considered concluded. it belonged to the category of consensual agreements in Roman law. In Roman law, agreements were divided into contracts and pacts. With consensual ones, they are oral, but without formalism, so this agreement is preserved. When the parties reach an agreement, this moment is considered the moment of conclusion of the contract. In contrast, real contracts are considered concluded only from the moment the thing is transferred.

A contract for the sale and purchase of land is referred to as a “deed of sale”. Initially, the land purchase and sale agreement was regulated by legal customs. The legal regulation of the land purchase and sale was not particularly regulated. In the laws of Hammurabi, in relation to the purchased item, 2 articles are mentioned: 39 and 7, which indicates general rules concluding a purchase and sale agreement. The following basic requirements for concluding a land purchase and sale agreement can be identified: 1) The consent of the land owner, that is, the consent of the parties, is required. 2) The agreement must be concluded in writing. And the written form must be special. A stamp was placed. 3) The contract is concluded in the presence of witnesses. 4) If the established form is not observed, the contract is not valid.

The transfer of a land plot usually occurred from the moment the contract was concluded, and from that moment the ownership passed from the seller to the buyer. Payment for the land was transferred immediately. Payment could be either in cash or in kind. Bullions and silver. The natural form suggested grain.

We see that Manishtushu, the head of state, nevertheless acts as a buyer just like the others. The fact that he bought land, the ruler, even with unlimited power, was not the owner of all the land. He bought lands that became state owned. This suggests that the community is the supreme owner of the land. He concluded large deals - up to 2000 hectares. These are huge areas of land. But the following participants participate in the transaction: Buyer (an individually defined person), sellers (there are several of them, designated by the terms relatives), witnesses (designated “brothers of the owners,” relatives of the sellers). Witnesses receive extra pay or refreshments. Witnesses testify to the very fact of concluding the contract.

The ruler, despite the fact that he is the head of state, participates in land purchase and sale transactions, like any other participant in civil transactions.

The Sipporah Table is another source for the contract of sale. 23rd century BC This is also a summary record, over 20 land purchase and sale transactions. The next basis is the land exchange agreement. This is an agreement under which (there are no terms seller and buyer) one party (land owner) transfers ownership of a land plot to the other party (land purchaser), and the second party is obliged to take ownership of this plot and transfer it into ownership as purchased land. as a land alienator. The rules for concluding an exchange agreement are the same, except that both parties have the obligations and rights of the seller and the buyer.

Donation of land. Only the owners can donate an item. It is impossible to give someone else's thing as a gift. Once the land is donated, then the land is owned. Donation - one party (donor) transfers ownership of a land plot to the other party (donee) free of charge, and the donee must accept the land ownership. And for the first time, the donation of land was enshrined in the Land Code. Article 39, 150 and partly 165. Article 39 says that purchased lands can be assigned to the wife and daughter. The wording of Articles 150 and 165 are similar, but Article 150 speaks of a gift agreement. A 165 about the will. Initially, all nations had inheritance by law

The emergence of land ownership rights on other grounds.

Based on acts of state bodies. Associated with this basis is this method of acquiring ownership rights - assignatio. On this basis, the method of acquiring ownership of the assignatio is used. This is a situation when property, by decision of the authorities, is transferred into the ownership of a person.

Based on a court decision. Associated with it is the method of acquiring property rights through adjudication. This is a situation where the court decided to grant or restore private property rights to land.

Inheritance of a land plot (grounds for acquiring ownership rights). Initially, there was only inheritance by law. First, based on legal customs, then general rules on inheritance. In the Land Code, inheritance according to the law of land is not specifically specified. The categories of heirs are established.

You can also name one more reason, which is associated with another method of acquiring property rights. Acquisitive prescription. And the method is based on the length of time of ownership. In the laws of Manu this period is 10 years. And in Roman law the term is 10 years. Possession must be in good faith. Established limitation period for possession. If possession of the thing is interrupted, the limitation period is calculated anew.

Ownership of land.

Since the advent of the first states, ownership of land has been no different from ownership of any other thing. The actual possession of a thing, combined with the intention to treat the thing as one’s own. In Roman law - ius possession. This means any ownership (of the owner and non-owner). There are two types of ownership:

1) Corpus possessions. Actual possession of a thing.

2) Animus possessionis. Soul of possession.

The intention to treat a thing as one’s own is expressed in the following:

1) Neither the tenant nor the borrower can be the owner, because they recognize the rights to this thing of another person.

2) The owner intends to receive all taxes and income from the thing.

3) In the event of a dispute about a thing, the owner himself defends the thing on his own.

Ownership is divided into:

1) Possessio justa (Lawful possession). Possession having a legal basis.

2) Possessio injusta. Non-owner possession. And above, the possession of the owner.

2.1) Conscientious. No cheating. A bona fide owner will become the owner by prescription.

2.2) Unfair possession.

Ownership of land in Ancient Mesopotamia for a long time. Basically, ownership for service is land-feeding. Land was given to service people from state lands. In ZH such land was called “ilku”. Article 26-41. Since a person was no longer the owner of the land, he could not dispose of the thing. They actually own the land. And they (service people) treat the land as their own. He receives all the fruits and income from the land.

Detention of land and rent.

Holding is the right to possess someone else's thing. In some cases, it is also possible to use the thing that is being held. When holding, there is possession of the thing, but there is no relationship to the thing as one’s own. This manifests itself in the following:

1) He receives a thing on the basis of an agreement, that is, he recognizes the rights to this thing of another person, otherwise he would not have entered into an agreement.

2) The holder is obliged to give away either all the fruits and income from the thing, or some part.

3) In the event of a dispute about whose property it is, the thing will be protected by the owner, and not by the holder.

Condition for concluding a contract. Forms of conclusion. Rights and obligations of the tenant and rights and obligations of the landlord.

Land easements.

In civil law, a real easement is used, which is opposed to a personal easement. Praedium (estate). In land law, land easement is used. There are no land easements in Roman law. Easements fall under the category of rights over other people's things.

The difference between rights to other people's things and holding? In that when holding, possession of the thing is transferred to the holder. With rights to other people's things, possession of the thing remains with the owner and he is not excluded from using his thing. He just has to endure the inconvenience. Farming conditions are related to the use of water sources. This is evidenced by some articles of the laws of Uruinimgina (which say that they could take water from places that were in the possession of another person).

Questions 7, 8 (Briefly, my grandmother and I discussed in detail in pairs) The laws of Hammurabi.

The first codification of the laws of Babylonia, relating to the reign of King Hammurabi, has not reached us. The ZHs known to us were created at the end of this reign.

The collection of laws is engraved on a black basalt pillar. The text of the laws fills both sides of the pillar and is inscribed under the relief, which is placed at the top, on the front side of the pillar, and depicts the king standing before the Sun god Shamash, the patron of justice.

The presentation of laws is different in that it is done in a casuistic form; the texts do not contain general principles and do not have religious or moralizing elements.

Three parts:

1) Introduction, in which X announces that the Gods handed over the kingdom to him “so that the strong would not oppress the weak,” lists the benefits he provided to the cities of his state and blah blah blah

2) 282 articles of laws

3) Sooooo extensive conclusion

Sources:

Customary law

Sumerian law courts

New legislation

Under X, private ownership of land reached its highest level of development.

Types of land ownership:

Temple

Community

Types of contracts:

Property rental (premises, pets, carts, slaves, etc.). a fee for renting things is established, as well as liability in case of loss or destruction of the rented property)

Personal hiring (agricultural workers, doctors, veterinarians, builders. The procedure for remuneration for their labor and their responsibility for the results of their work)

Loan (the desire to protect the debtor from the creditor and prevent debt slavery. Limitation of the maximum working period to 3 years, limitation of the interest charged by the moneylender, liability of the creditor in the event of the death of the debtor as a result of mistreatment)

Purchases and sales (the sale of valuable items was carried out in writing in the presence of witnesses, the seller could only be the owner of the item, the sale of property withdrawn from circulation was considered invalid)

Storage

Partnerships

Orders

The marriage was concluded on the basis of a written agreement between the future husband and the father of the bride and was valid only if this agreement existed.

The head of the family was the husband. A married woman had some legal capacity: she could have her own property, retained the right to her dowry, had the right to divorce, and could inherit after the death of her husband. BUT for infidelity she was subject to severe punishment, if she was barren, the husband was allowed to have a side wife, etc...

As the head of the family, the father had strong power over the children: he could sell them, give them as hostages for his shares (o_0), cut out their tongues for slandering their parents.

Although the law recognizes inheritance by will, the preferred method of inheritance is intestate inheritance. Heirs:

Adopted children (yes, it was possible to adopt under the 3rd century)

Children from a slave concubine, if the father recognized them as his own

The father had no right to disinherit his son who had not committed a crime

They do not give a general concept of the crime of ZH. Three types of content can be distinguished:

Against the individual (careless murder. Nothing is said about intentional murder. Various types of self-harm are discussed in detail, beatings are separately noted)

Property (stealing livestock, slaves, robbery, harboring slaves)

Against the family (adultery (infidelity of the wife and only the wife (nothing fair!!!) and incest. Well, and actions that undermine paternal authority)

Main types of punishments:

The death penalty in various variants

Self-mutilation punishments

Exile

Don't forget about the talion principle

The conduct of trials in criminal and civil cases was carried out in the same way and began upon a complaint from the injured party. Evidence included testimonies, oaths, ordeals (water trials, etc.)

The judge was obliged to personally examine the case. He could not change his decision under the threat of a large fine and deprivation of his position without the right to return to it.

A neighboring community is several clan communities (families) living in the same area. Each of these families has its own head. And each family runs its own farm and uses the produced product at its own discretion. Sometimes a neighboring community is also called rural or territorial. The fact is that its members usually lived in the same village.

The nomadic lifestyle began to change to a sedentary one.
Agriculture became arable rather than slash-and-burn.
The tools for cultivating the land became more advanced, and this, in turn, sharply increased labor productivity.
The emergence of social stratification and inequality among the population.

Thus, there was a gradual disintegration of tribal relations, which was replaced by family ones. Common property began to fade into the background, and private property came to the fore. However, for a long time they continued to exist in parallel: forests and reservoirs were common, and livestock, housing, tools, and plots of land were individual benefits.

Now every person began to strive to do his own business, earning a living from it. This undoubtedly required the maximum unification of people so that the neighboring community continued to exist.

How does a tribal community differ from a neighboring one?

Firstly, the fact that in the first a prerequisite was the presence of family (blood) ties between people. This was not the case in the neighboring community.
Secondly, the neighboring community consisted of several families. Moreover, each family owned its own property.
Thirdly, the joint labor that existed in the clan community was forgotten. Now each family worked on their own plot.
Fourthly, so-called social stratification appeared in the neighboring community. More influential people stood out and classes were formed.

A person in a neighboring community has become more free and independent. But, on the other hand, he lost the powerful support that he had in his tribal community.

When we talk about how a neighboring community differs from a tribal community, it is necessary to note one very important fact. The neighboring community had a great advantage over the clan: it became a type of not just social, but socio-economic organization. It gave a powerful impetus to the development of private property and economic relations.

Neighborhood community among the Eastern Slavs

Among the Eastern Slavs, the final transition to a neighboring community occurred in the seventh century (in some sources it is called “rope”). Moreover, this type of social organization existed for quite a long time. The neighboring community did not allow the peasants to go bankrupt; mutual responsibility reigned in it: the richer helped out the poor. Also, in such a community, rich peasants always had to focus on their neighbors. That is, social inequality was still somehow restrained, although it naturally progressed. A characteristic feature of the neighboring Slavic community was mutual responsibility for committed misdeeds and crimes. This also applied to military service.