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العنوان
نشأة الدولة وتطور سلطتها :
المؤلف
الغريب، هبه نعيم محمد.
هيئة الاعداد
باحث / هبـــة نعيــم محمــــد الغــريــب
مشرف / السـيد عبد الحميد فــودة
مشرف / عباس مبروك الغزيري
مناقش / منصور محمد أحمد
مناقش / إيهاب عباس الفراش
الموضوع
القانون فلسفة.
تاريخ النشر
2023.
عدد الصفحات
437 ص. ؛
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
3/8/2023
مكان الإجازة
جامعة بنها - كلية الحقوق - فلسفة القانون وتاريخه
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 448

from 448

المستخلص

The study of the origin of the emergence of the state is considered one of the most complex topics, due to its passing through many stages since ancient times, and considering it a social phenomenon whose origin goes back to the beginnings of the emergence of social life to the human being.This is because the search for the first seeds of the state is exposed to difficulties, the most important of which is that the history of mankind is deep in the past and extends to tens of thousands of years before the knowledge of writing, as historical eras do not represent only a small part of human life. Man began his life on this earth, and he is always searching. The best, and this forced him to leave the life of caves and isolation and turn to a social life, as this life imposed on him to be social by nature, as he cannot live alone or away from his family, which has evolved over the ages from a small body to a clan and tribe and then to a human society As a result of this development, the individual’s needs increased, and the tendency to own property appeared with him, and to prefer his interests over others, which necessitated the need for an organization that helps the individual to preserve his property and his relationships with others. Throughout the ages, several features appeared that determined the scope of this organization in line with the circumstances of each era, until the meaning of the state appeared, which is the subject of our research.
There is a great confusion and overlap between the issue of the origin of the emergence of the state and the issue of the basis of the political authority in it, and if it is possible to disentangle the conflict and overlap between them by considering the first, which is - the origin of the emergence of the state, as a historical topic, and considering the second, which is - the basis of the political authority in it - as a legal topic, then such an attempt is It is no more than a theoretical assumption that cannot be implemented on the ground and accepted in practice, because the link is very close between the origin of the establishment of the state and the basis on which the political authority is based, as the first gives a clear explanation for the second, and because when it is possible to accurately determine the origin of the establishment of the state and specify the conditions that led to it When it appears, this will inevitably reflect on the subject of the basis on which the political power was built, in a manner that enables us to explore and define it.
The reason for this mixing and overlapping is that the state is not established in its entirety except with the establishment of the political authority on its territory.
Constitutional jurisprudence and many thinkers and philosophers have advanced several different theories regarding determining the origin of the state and the basis on which its political authority is based. where some have divided these theories into close qualitative groups, we find that some divide them into democratic and non-democratic theories.
Democracy, because these theories are close or distant to the democratic idea, and some divide them into religious theories and human ones, in terms of attributing origin to humans or to non-human forces.
The study dealt with the emergence of the state in its first publication and its development up to our present time, where we were exposed to the concept of the state and its constituent elements and the factors that led to its emergence as they differed from one society to another according to its special circumstances. It was a close bond in society and had importance in the life of the individual, the family, the clan and the tribe, which were linked to each other and formed the whole of the state. Religion also had the greatest impact on the formation of the state in other societies as it is the awareness that forms the thoughts and habits of individuals, and at other times the single language or common customs and goals were essential factors in the emergence of the state.
The subject of the research was divided into four chapters. In the first chapter, we presented the concept of the state and the theories explaining its origin.
Then, in the second chapter, we dealt with the state in the civilizations of the ancient East and the Greeks, and that included the civilization of Pharaonic Egypt, the civilization of India, and the civilization of China. We also dealt with the state among the Greeks in terms of the meaning of the city-state and the imperial state. In the third chapter, we dealt with the development of state power in Europe during the different eras, starting from the Middle Ages up to the modern era.
In the fourth chapter, Philosophy and Islamic jurisprudence, we dealt with the theory of the Islamic caliphate and the legal, legal and social problems.