History presentation on the topic “Theories of the origin of the state” download for free. Theories of the emergence of the state Theological theory Patriarchal theory Contractual or natural law theory Marxist (class) theory

“Theories of the origin of the state” - 6. Psychological theory. The founder of the theory is Aristotle (384-322). Racial theory. 7. Racial theory. 3. Contractual (natural law) theory. Theological (divine) theory. 1. Theological (divine) theory. Organic theory. Theories of the emergence of the state. Contractual (natural law) theory.

“The state in the political system of society” - 5) Establishes generally binding rules of behavior - legal norms, i.e. carries out lawmaking. State and local governments. The state has the right to collect funds from the population and organizations (taxes, loans, etc.). 4) In atheist states, religious organizations are persecuted by the authorities.

“1150 years of Russian statehood” - http://vk.com/russiaconception#/wall-26781852_76. More details http://www.rusfact.ru/news/kak_zarozhdalas_rus/2011-01-12-608. http://images.yandex.ru/. http://images.yandex.ru/yandsearch?p=2&text. Russian statehood is 1150 years old. http://ru.wikisource.org/wiki/. The first version of the fortress, dating back to 753, was wooden.

“Theory of State and Law” - Recognition of the priority of natural rights. Unitary state. Theological (divine) theory. Literature: Lecture plan: Democratic. Feudal state. External functions. Aristotle. The fact of the emergence of a number of states is undeniable. Slave-owning Feudal Bourgeois Socialist Transitional state.

“Man and State” - Economic sphere. Group: Worldview problems of development. What's happening in the country? Political sphere. Political system Political situation in the country Political situation in the world. Cluster: Human. Topic of the day: Situation analysis. Education Medicine Science Media. M. Reported by: Olesya Bardunova, Katya Kuzmina.

“Functions of the state” - Constant (always before the state) - economic - social. Classification of state functions. To achieve goals, tasks are set, which determines functions. The goal of the state is to meet the needs of society. Problem resolution. Lesson plan. 1. The concept and meaning of the functions of the state.

There are a total of 43 presentations in the topic

Jurisprudence 10th grade.

Profile – socio-economic

• Concept of state
• Theories of the origin of the state
• Theological theory
• Patriarchal theory
• Irrigation theory
• Contract theory
• Class theory
• Theory of violence
• Conclusion

This is a special organization of power and control, which has a special coercive apparatus and is capable of making its orders binding on the population of the entire country.

State-

Theories of the origin of the state

Theological theory

Theory of violence

Patriarchal theory

Contract theory

Class theory

Irrigation theory

Theological theory

The essence of the theory: The state, like everything earthly, has divine origin. The procedure for the emergence of a state is similar to the process of creation of the world by God.

Disadvantages of the theory: Adherents of the theory appeal not to knowledge, not to evidence, but to faith. They argue that people are still not able to comprehend the full depth of the Divine plan and therefore should simply believe that everything on Earth was created by God.

Patriarchal theory

The essence of the theory: The state is a product of the natural development of the family, during which the family grows into a clan, the clan into a tribe, and the tribe evolves into a state. Accordingly, the power of the head of the family turns into the power of the head of state.

Disadvantages of the theory: The state and family perform different functions in society.

Irrigation theory

The essence of the theory: The state arises as a result of the need of society for the constant implementation of large-scale work on the creation of irrigation canals and irrigation structures.

Disadvantages of the theory: The state appeared before the start of irrigation work and made it possible to organize such large and coordinated actions of the population.

K. Wittfogel

The essence of the theory: The state arose as a result of a social contract, according to which people, who were previously in a primitive state, renounced some of their rights and freedoms in exchange for guarantees of personal safety.

Disadvantages of the theory: Various groups of people with specific interests could not agree in the absence of government structures.

G. Grotius

The essence of the theory: The state arose as a result of the split of society into classes with irreconcilable interests. An organization was needed to regulate the relations between them.

Disadvantages of the theory: The division of society into classes was a leading state-forming factor only in Europe.

K. Marx, F. Engels

The essence of the theory: The state is the result of conquest. The state is interpreted as an organization of rule by conquerors in order to support and strengthen their dominance over the conquered.

Disadvantages of the theory: Violence was often not the cause, but only an accelerating factor in the formation of the state.

Conclusion:

Modern approaches to the problem of the limitations of these theories are based on the fact that it is very difficult, if not impossible, to identify the factor that determines the process of the emergence of a state in all regions and among all peoples.

But in my opinion, class theory is the process of the emergence of the state. Because class inequality existed and will exist, so that there would be no conflicts between them, a state was created.

The authors are religious philosophers, Augustine the Blessed (), Thomas Aquinas (), Philotheus (XVI century), Jean Maritain (XX century). Official ideology of the Vatican. The essence is the divine (supernatural) origin of the state, the general system of power, and the rules of social behavior. The main characteristic is the absence of separation between society and the state. Advantages: Strengthens civil harmony and spirituality; Discourages violence Disadvantages: not scientific Theological 11 Thomas Aquinas

Authors - Aristotle (BC), Confucius (BC), R. Filmer () The essence is the emergence of the state from the family, and public and state power from the power of the father of the family. Paternalism. Advantages: formation of respect for state power, unity of society Disadvantages: denial of the specifics of the state and state power, their qualitative difference from the family and paternal authority 1 Patriarchal 2

Authors – G. Grotius (), T. Hobbes (), D. Locke (), J.-J. Russo (), A.N. Radishchev () The essence is that the state arose as a result of a social contract, according to which people transfer part of their rights inherent to them from birth to the state as a body representing their common interests, and the state, in turn, undertakes to ensure human rights. Advantages: democratic content, the natural rights of the people to form state power, as well as to overthrow it, are substantiated. Disadvantages: objective external factors influencing states (socio-economic, military-political) are ignored. Negotiable 3 G. Grotius

Authors – F. Engels () K. Marx () V.I. Lenin () The essence is that the state is the result of changes in socio-economic relations, the method of production, the result of the emergence of classes and the intensification of the struggle between them. It acts as a means of oppressing people, maintaining the dominance of one class over others. However, with the destruction of classes, the state also dies off. Advantages: based on the socio-economic factor of society. Disadvantages: underestimation of national, religious, psychological, military-political and other reasons. Class 4 F. Engels, K. Marx, V.I. Lenin

Authors - Auguste Comte (), Herbert Spencer () The essence is the state - a living organism, a product of social evolution, in which a more important body corresponds to a higher status and greater power in the organic system of society and the state. In the process of struggle and wars (natural selection), specific states are formed, governments are formed, the structure of governance is improved, while a given social organism absorbs its members. Advantages: biological factors influenced the emergence of the state, since man is a biosocial being. Disadvantages: it is impossible to extend all the laws inherent in biological evolution to social organisms Organic 5 O. ContG. Spencer

Authors - E. Dühring (), K. Kautsky (), L. Gumplowicz () The essence is that the state is the result of violence (internal or external), for example, the conquest of weak and defenseless tribes by stronger and more organized ones, that is, the state is not the result of internal development, but by force imposed from outside, by a coercive apparatus. Advantages: elements of violence were indeed inherent in the process of the emergence of some states. Disadvantages: in addition to military-political factors, there are also socio-economic ones in the region. Theory of violence 16 K. Kautsky

Authors: L.I. Petrazhitsky (), Z. Freud () The essence is that the state was formed as a result of a person’s psychological need to live within the framework of an organized society. The individual’s psyche is initially inherent in the need for obedience, subordination to “outstanding personalities” Advantages: an indication that in the process of state formation, psychological factors play a large role and that the various interests of people are realized only through the psyche Disadvantages: it is impossible to reduce all social life to psychological interaction people, explain the life of society and the state with the general laws of psychology 1 Psychological 7 PetrazhitskyZ. Freud

The essence of the state Normative approach: the state is a set of norms regulating behavior, social and political relations Normative approach: the state is a set of norms regulating behavior, social and political relations Institutional approach: the state is a set of socio-political institutions that has a complex social political nature and hierarchical structure Institutional approach: the state is a set of socio-political institutions that has a complex socio-political nature and hierarchical structure Sociological approach: the state is a socially differentiated society, a population organized in a certain way Sociological approach: the state is a socially differentiated society, a certain organized population

Attitude to the state 1 State: - the goal and highest result of social development - unconditional benefit for society - must be strong 2 State: - social and moral evil - must be limited by law (liberals) - must be destroyed (Marxists, anarchists) Statism Anti-statism

Concept of the state The state is an organization of the political power of society, covering a certain territory, acting simultaneously as a means of ensuring the interests of the entire society and a special mechanism of control and suppression “The state is a machine for the oppression of one class by another, a machine for keeping other subordinate classes in obedience to one class” ( Lenin V.I.) “The state is an independent centralized socio-political organization for regulating social relations. It exists in a complex, stratified society, located in a certain territory and consisting of two main strata of rulers and ruled" (Claessen H. J. M.)

Signs of a state Public power, separated from society (administrative apparatus and coercive apparatus) 1 Own territory, which has an administrative-territorial division 2 Tax system 3 Institute of citizenship (nationality) 4 Signs that distinguish the state from pre-state forms of society Public power: -Separated from society and is not directly under his control -Is carried out by a special layer of people endowed with power, for whom management is a profession -Based on the law -Reinforced by the coercive force of the state State symbols (anthem, coat of arms, flag) 5

Signs of a state Sovereignty - independence from any other power 1 Exclusive right to law-making 2 Exclusive right to issue money 3 Monopoly on the legal use of violence 4 Signs that distinguish the state from other political institutions Represents the interests of society as a whole 5

Functions of the state These are the main areas of activity of the state, in which its essence and social significance are expressed and specified. Internal functions of the state 1 Legal function ensuring law and order, establishing legal norms regulating social relations and behavior of citizens, protecting the rights and freedoms of man and citizen 2 Political function ensuring political stability, development of program-strategic goals and objectives for the development of society 3 Organizational function streamlining all government activities, monitoring the implementation of laws, coordinating the activities of all subjects of the political system

Functions of the state4 Economic function organizing, coordinating and regulating economic processes through tax and credit policies, planning, creating incentives for economic activity, implementing sanctions Ecological function guaranteeing a person a healthy living environment, establishing a regime for environmental management 5 6 Social function ensuring solidary relations in society, cooperation of various strata of society, implementation of the principle of social justice, protection of the interests of those categories of citizens who, for objective reasons, cannot independently provide a decent standard of living (disabled people, pensioners, mothers, children), support for housing construction, healthcare, public transport systems

Functions of the state7 Cultural function creating conditions for satisfying the cultural needs of people, developing high spirituality, citizenship, guaranteeing an open information space, forming a state cultural policy 8 Educational function activities to ensure the democratization of education, its continuity and quality, providing people with equal opportunities to receive an education 9 Ideological function education of members of society, formation of civic and patriotic values

Functions of the state External functions of the state 1 Ensuring national security, maintaining a sufficient level of defense capability of society, protecting territorial integrity, state sovereignty 2 Maintaining world order, participation in the development of the system of international relations, activities to prevent wars, reduce armaments, participation in solving global problems of mankind 3 Mutually beneficial cooperation in economic, political, cultural and other spheres with other states

Theories
origin
states
Completed by: Rozhkova A.R.
A student in the cadet corps of the YPK training center
-

The state arose from
growing out of
generation after generation
families
The power of the monarch
identified
with the authority of the father
over family members
-

Founders:
Founders:
Plato and
Plato and
Aristotle
Aristotle

Founders: Plato and Aristotle

Founders:
Plato and
I thought that
Aristotle
state
is
yourself
natural
form
human
life

Perfect
state
there must be
based on
principle
virtues.
Structure identity
states
structure of the soul.

CONFUCIUS
State -
big family,
subordination
Family, according to
ruler
Confucius, small
not being built
state:
only on fear
father's power
but also on the filial
absolute
love and
like the power of deference
sovereign

IMAGE OF THE GOVERNMENT ACCORDING TO CONFUCIUS

Patriarchal theory

Advantages
Formation
respect for
state
authorities,
unity
society
Flaws
Denial of specificity
states and
state
authorities, their
quality
differences from family and
paternal authority

Theories
origin
states
Emergence
states -
Divine will
-
All power comes from God
gives her
obligation and
holiness

Founders: Plato and Aristotle

Founders:
Founders:
Plato and
Augustine
Aristotle
Blissful
(354-430)

Augustine's doctrine of the "two cities"

In the city of earth
a person's love for
it comes to this
contempt for God
through the Church
it is possible to connect two
gradov, moral and religious justification
states
In the city of heaven,
on the contrary, love for
God gets it
self-contempt
IDEA
CHRISTIAN
EMPIRES

Founders:
Thomas
Aquinas
(1224(25)- 1274)
He said that the process of emergence and development
state and law is similar to the process of creation
god of the world.

HUMAN LAW
DIVINE
LAW

Thomas Aquinas's teaching on the four types of laws

–
application
eternal law to
human
life: aspiration
for the good of people
birth of children
and so on.

sphere
positive law,
law of the state.
Thomas recognizes the right
people to revolt,
if the sovereign
will violate
natural law

Thomas Aquinas's teaching on the four types of laws

Theological theory

Advantages
Strengthens
civil
consent and
spirituality;
Prevents
violence
Flaws
Not scientific
(supporters
no appeal
to knowledge and
evidence,
and to faith)

3.Theories of the origin of the state.

Theories
origin
states
State
there is a certain
public
an organism consisting of
individual people like
living organism
consists of cells
-

Founders: Plato and Aristotle

Founders:
Founders:
Plato and
Herbert
Aristotle
Spencer
(1820-1903)
English philosopher and
sociologist, one of
ancestors
evolutionism

Herbert Spencer's IDEA

Organic theory

Advantages
Biological
factors influenced
for the appearance
states, because
the person is
creature
biosocial
Flaws
It is forbidden
all the patterns
inherent
biological
evolution,
extend to
social
organisms

3.Theories of the origin of the state.

Theories
origin
states
The state arose in
result
public
agreement, according to
-
to which people
refused part
rights and freedoms in favor
states, in exchange for
personal guarantee
security

Founders

G. Grotius
(1583-1645)
Holland
D. Locke
T. Hobbes
(1632-1704)
(1588-1679)
England
England
P. Holbach
J.-J. Rousseau
(1723-1789)
France
(1712-1778)
France
A.N. Radishchev
(1749-1802)
Russia

Founders: Plato and Aristotle

The most fruitful period in
development of natural law and its theory,
their heyday
in scientific
Founders:
legal and philosophical literature
Plato
And
are considered XVII-XVIII
centuries
Aristotle
During this period, ideas of natural law
actively used, developed and
supported by many greats
thinkers and educators, thanks to
through whose efforts the school was formed
natural law, which had a huge impact
influence on the process of further development
as national (within individual
countries) and international law

Liberalism of D. Locke

NATURAL HUMAN RIGHTS
OWN
LIFE
FREEDOM
A

State and law are a product of conscious creativity, like
the result of a contract entered into by people who were previously in
"natural", primitive state.
The state is rational
bringing people together based on agreement
between them, by virtue of which they transmit
part of your freedom, your power
to the state.
Individuals isolated before the origin of the state turn into
one people.

Liberalism of D. Locke

The idea of ​​public
agreements: the task of the state
– property protection
“THE STATE IS A COMMUNITY OF PEOPLE
INSTALLED ONLY FOR
SAVINGS AND INCREASES
CIVIL GOODS"

The concept of T. Hobbes

Selfishness is the basis of human
nature. People want the same thing
or for material benefits
there is a “war of all against
everyone."
"Natural"
(pre-state) state
characterized by the absence
morality, others
social institutions.

The state arises when
people realize that "the war is all
against everyone" leads to
self-destruction.
People agree to give
to the state part of their freedom
in the name of safety
(“social contract”).

As a result, the rulers and
society arises
complex of mutual rights and
responsibilities and
respectively -
responsibility for
failure to comply with the latter.

Thus, the state has the right to accept
laws, collect taxes, punish
criminals, etc., but is obliged to protect
their territory, the rights of citizens, their
property, etc.
Citizens are required to obey the laws
pay taxes, etc., in turn they
have the right to protection of freedom and
property, and in case
abuse of power by rulers
terminate the contract with them even by
overthrow.

RELATIONS OF THE STATE AND SOCIETY

NEGATION
POLITICAL RIGHTS
OF THE PEOPLE
CIVIL
LAW
LIMITS
NATURAL
PEOPLE'S RIGHT TO
NAME OF THE WORLD, HE
LEAD TO GOOD
LOYALTY –
MAIN POLITICAL
PROPERTY OF A CITIZEN

In the Russian Federation, natural law theory is actually accepted as
official state legal doctrine.
For example, the provision of Part 2 of Art. 17 of the Constitution of the Russian Federation
speaks of the inalienability of rights that
belong to every person from birth. Those.
no legislature can abolish
none of the “generally recognized” human rights.
In modern conditions, the doctrine of natural
law is especially actively used for
justifications for the restoration of private property,
social stratification, priority
individual interests over public ones.

Contract theory

Advantages
Democratic
content,
are justified
natural rights
people on
formation
state
authorities, as well as on its
overthrow
Flaws
Ignored
objective
external factors,
influencing
state
(socioeconomic,
military-political)

3.Theories of the origin of the state.

Theories
origin
states
The state arose in
result
economic
development of society.
-
The state arises
there and then, where
division occurs
society into classes

1818-1883
1820-1895

Basis –
economic basis
society
PRODUCTIVE
E POWERS–
tools,
subject of labor and
skills and abilities
of people.
PRODUCTIONAL
E RELATIONS relations by
about
property

The superstructure is spiritual life, it depends on the base

The phenomena of the “superstructure” include morality,
religion, law, art, etc.
The right is part of the superstructure.
The class nature of law: law as
expression of the will of the ruling class.
The state is an expression of will
the ruling class, its
exploitative nature.

F. ENGELS
1820-1895
"The state arose out of the need
keep class antagonisms in check;
since it at the same time arose in themselves
collisions of these classes, then it is
as a general rule is a state
the most powerful, economically
the ruling class, which
government assistance also becomes
politically dominant class and
thus acquires new funds
to suppress and exploit the oppressed
class...
With the disappearance of classes will inevitably disappear
and the state. A society that is new
organizes production based on
free and equal association
manufacturers, will send all
the state machine to where it will be

IN AND. Lenin (1870-1924)

The state arises as a result
the split of society into classes, therefore,
the essence of the state lies in
suppression of one class by another
THE STATE IS A MACHINE FOR
MAINTAINING THE DOMINANCE OF ONE CLASS
TO OTHERS. (V.I. LENIN)

Founders: Plato and Aristotle

The basis of the origin of state and law
economic factor is recognized.
Founders:
Other factors are insignificant
Platonnai
character. The state arises
a certain level
development
Aristotle
productive forces, characterized
the split of primitive society into classes with
opposite economic
interests. These interests are
antagonistic, that is, irreconcilable
character.
Functions of the state - special
means of control, primarily violence,
restrain class warfare by protecting

Materialist (class) theory

Advantages
It is based on
socioeconomic
factor
society
Flaws
Underestimation
national,
religious,
psychological,
military-political and other
reasons

3.Theories of the origin of the state.

Theories
origin
states
The state arose
as a result
conquest.
-
Cause
origin
states in
use of violence
some people over
others.

The doctrine of socio-economic formations. "Base" and "superstructure"

Theory of violence

Founders of the theory of external violence

L.Gumplowicz
1838-1909
K. Kautsky
1854-1938
A state is formed as a result of conquest by a strong
a weaker tribe.
As a result of this conquest, a division arises into
classes, but the coercive apparatus created
victors to control the vanquished, turns
to the state.

Ludwig Gumplowicz
Polish-Austrian sociologist and
statesman:
“History does not present us with any
one example where
the state did not arise with
through an act of violence, or in some other way.
Moreover, this has always been
violence of one tribe over
to others, it was expressed in
conquest and enslavement of more
a strong alien tribe more
weak, already sedentary
population."

Founders: Plato and Aristotle

Founder of the theory
internal violence:
Founders:
E. Dühring (1833-1921)
Plato and
Aristotle
German philosopher, professor
mechanics, political scientist, lawyer
The state arises
as a result of violence
one part of society
over the other,
majority over
minority

Theory of violence

Advantages
Elements of violence
really
were inherent
process
emergence
some
states
Flaws
In addition to military-political
factors
are also present
and socio-economic, etc.

3.Theories of the origin of the state.

Theories
origin
states
The state arose in
as a result of manifestation
human psyche.
-
People feel
need to live in
team,
obey
personal authority

Sigmund Freud (1856 – 1939)

The state appears
in connection with the property
human psyche:
people's need
in power over people
desire
obey, imitate.

Lev Iosifovich Petrazhitsky (1867-1931)

explains
emergence of the state
manifestation of factors
human psyche,
his inclinations
to the hostel,
search for authority

Psychological theory

Advantages
An indication that in
education process
large state
play a role
psychological
factors and what
different interests
people are realized
only through the psyche
Flaws
You can't bring everything down
social life
only to
psychological
interaction between people
and explain life
states common
laws of psychology

3.Theories of the origin of the state.

Theories
origin
states
-
State
arose in
as a result of the ban
incest
(incest
between
relatives).

Claude Lévi-Strauss (1908 – 2009) French ethnographer, sociologist

The need to follow
for compliance
incest ban
demanded the creation
in a special society
groups of people who subsequently
others began to perform
government functions

Incest theory

Advantages
Based on
real fact
stories
humanity:
transition from
endogamous
sexual relations
to exogamous
Flaws
Doesn't give complete
ideas about
reasons of origin
states
(process
reproduction of the species
carries animals too
complex character, but
the state is not
arises)

3.Theories of the origin of the state.

Theories
origin
states
-
The state arose
because of
needs of society
in constant
implementation
major works on
creation
irrigation canals
and irrigation
structures

WITTFOGEL Karl August (1896-1988) - German-American. ist, polit, phil.

Society in separate
Regions (Interfluve,
Egypt, China) cannot exist
without construction of irrigation
channels. Mobilize the masses of people
for construction can only
permanent organization
power and control, i.e. state.

Irrigation theory

Advantages
Based on
historical
facts. In these
areas,
it really was
rendered great
influence on creation
states
Flaws
Has local
character.
Can explain
process
origin
only in selected
areas of the earth
ball.

3.Theories of the origin of the state.

Theories
origin
states
-
State
arose in
result
sports development
in human
society

José Ortega y Gasset (1883 - 1955)

1883 - 1955
The emergence of the state
directly related to
origin
games and physical exercises, as well as sports in general, because
for the necessary physical education of the teenager
generation (caused by the development of productive forces in
society and the expansion of labor skills) were created
bodies whose functions were similar to those of the state.

Sports theory

Advantages
The basis is
facts from history
ancient Greek
states
(Olympic
games in Greece)
Flaws
Greece - no
the only place
where did it originate
state (others
peoples did not conduct
large-scale
sports
events)

Reasons for the emergence of law

• Qualitative complication of production, political and spiritual life of society.

2. Isolation of the individual as a participant in social relations with his own claims to autonomy of existence (social freedom).

3. Formation of a state that required a new normative social regulator capable of performing certain tasks.

State and law

Law is the main instrument of state power

The state and law are inextricably linked

Consideration of the origin of state and law within the framework of a unified theory

Law as the basis and means of state activity

Funds in the state activities

State

State goals activities

Law is the basis of government.

activities

Reasons and time of emergence of law. Theories

1. Law arose with the advent of society

The norms of behavior and customs of primitive society are the law

2. Law arose during the period of decomposition of the primitive communal system, but earlier than the state.

The emergence of private property required legal norms

3. Law arose simultaneously with the state.

The reasons for its emergence are the same as the reasons for the emergence of the state

Theological theory

Originated in Ancient Egypt and Mesopotamia

(III – II millennium BC. e.)

The greatest development was in the Middle Ages ( Thomas Aquinas , XIII century)

Main idea: power (state) and law (right) are given to people by God, are eternal and cannot be disputed

Patriarchal theory

Originated in Ancient Greece

Main idea: the state arises from an expanded family, law arises as a continuation of family traditions

Contract theory

Originated in Europe in modern times

Main idea: the state and law arose as a result of an agreement between people with the aim of limiting the “war of all against all”

Theory of violence

Originated in Germany ( XIX centuries)

T. external violence

T. internal violence

L. Gumplevich, K. Kautsky

E. Dühring

Basic idea: a state arises as a result of the conquest of one people by another. Law is created as an apparatus for suppressing enslaved people

Main idea: state and law arise as a result of violence of one part of society over another in order to subjugate the minority to the majority.

Class (economic) theory

Originated in Europe in XIX centuries

K. Marx, F. Engels

Main idea: the state arises as a result of the split of society into classes and the struggle between them. Law is a tool for suppressing the lower classes by the upper classes

Other theories

Psychological theory: state and law are a consequence of the psychological laws of human development

Racial theory: with the help of the state and law, the superior races must dominate the inferior ones

Organic theory: the state is an analogue of the human body, law is an analogue of internal metabolic processes