National security in the light of the organic theory of the State

Melikhov Aleksandr Ivanovich ORCID: 0000-0001-8987-713X PhD in Law Associate Professor, Department of Constitutional and Administrative Law, Volgograd Academy of the Ministry of Internal Affairs of Russia 400012, Russia, Volgograd region, Volgograd, ul. Historical, 130, office 400012 m-13913@ya.ru Other publications by this author

In the state-legal sciences, the human dimension of state-legal reality is reflected in the organic (i.e., that which has a living beginning) theory of the state, substantiated by G. Spencer, but which received its true beginning in the philosophical naturalism of Aristotle. Its essence is that the existence of the state is similar to the existence of a biological organism, people are cells, state institutions are organs and parts of the body, its essence can be explained by analogy with the laws of anatomy and physiology ^[1]. Briefly, the basis of this theory can be expressed in the common expression "like begets like." This theory of the state is harmoniously combined with law, the purpose of which "is the need for full, correct and accurate use of objective laws in the interests of the whole society ..."^{[2, p.371]}.

Hegel in the Philosophy of Law, relying on the organic theory of the state, states: "The state is an organism, i.e. the development of an idea in its difference. These different sides thus form various authorities, their functions and spheres of activity, through which the universal constantly generates itself in a necessary way, and since it is predestined in its generation, it preserves itself" ^{[3, p.293]}.

In our opinion, the understanding of the essence of the institute of "national security" will be facilitated by addressing it from the standpoint of organic theory, as a vital need of the multinational people of the Russian Federation and the forms of its existence – man, society and the state.

To begin with, let's define the object of our organic research – what is a "body"? The essence of the concept of "national" in the context of the "National Security Strategy" is manifested as a single state form, the content of which is the existence and being of the Russian state, society and personality in their formation and development in the past, present and future, in the geopolitical philosophical dimension, this corresponds to the concept of "civilization" as a social form of the movement of matter, providing its stability and ability to self-development through self-regulation of exchange with the environment. In sociology, this falls under the concept of a complex social system.

In the constitutional and legal dimension, the concept of "nation" corresponds to the concept of "multinational people of the Russian Federation". However, it would be a big mistake in the conceptual paradigm of the National Security Strategy – the individual, society, state - to associate the multinational people of the Russian Federation or the nation with society as a real-time aggregate of people living on the territory of the state. It is even more dangerous to associate it with such a concept as civil society, which is an institution of a mechanism for contrasting one–time forms of existence of the multinational people of Russia – the individual, society and the state. As recent history shows, national security cannot be reduced to the security of individual organs of the state, communities or individuals, therefore, consideration of the problems of dangers that threaten the nation should be projected onto complex holistic concepts – nature, civilization, complex social system, empire and consider the range of dangers and defenses in relation to them.

Thus, the object of ensuring national security – a nation or a multinational people of the Russian Federation has the following basic properties that determine its essence: independence and self-sufficiency, unknowability due to centuries of existence, the presence of a culture of optimal combination of altruistic and egoistic behavior in different functional groups of society, mostly focused on the symbol of the nation (deity, monarch, national a leader, a recognized religious or political figure) ensuring the operational manageability of it and whose main efforts are aimed at sovereign and independent provision of their own security.

Modern achievements of biology and other natural sciences allow us to assert that self–preservation (preservation of the physical integrity of the organism) is not the only vital need, in addition to it, self-reproduction (the need to have offspring and take care of it) and self-maintenance (preservation of the functional integrity of the organism and maintenance of its operability) are distinguished. Self-support, in turn, includes the need for sensory influx, the need for information influx, the need for emotions (affects as manifestations of an animal or its essence, determined by nature and upbringing), the need for pleasant sensations (hedonistic).

The objectivity of the allocation of these needs has been confirmed by evolution and numerous experiments. Living organisms deprived of any of these vital needs either died in the early stages of life, or, growing up to reproductive age, most often did not leave offspring. That is, a person's lack of such needs was eliminated (excluded – approx. the author) by natural selection ^{[4, pp.130-138]}.

Expanding the list of vital needs without satisfying which a person cannot feel safe enriches the idea of security and expands its time frame.

Firstly, self-reproduction - as an infinite extension of time, the existence of an object – actualizes the security of the future or the preservation of opportunities.

Secondly, the presence of memory in the body (as a bank of information containing algorithmic behavior in the event of various threats) makes it relevant to ensure the security of the past – or the preservation of memory.

Thirdly, if self–preservation is ensuring the integrity of the body from threats from outside, then self–maintenance is ensuring the integrity of the body from within. Here it is necessary to highlight several important aspects for us:

1) Protection of the body from itself, from dangerous decisions of its consciousness.A. Bergson, noted: "As for the mind, it looks deep, to the very bottom.

For an intelligent being no longer lives only in the present; there is no reflection without foresight, there is no foresight without anxiety, there is no anxiety without a simultaneous weakening of attachment to life" ^{[5, p.226]}.

Earlier we decided that "every person is endowed with consciousness, which allows him to set himself the goal of existence and being, to change the world around him, rather than adapt to it, relatively independently from other natural urges (instinctive, hormonal). Existence and being in the objective world is always associated with its cognition, objective and subjective disclosure of natural entities, however, as a result of this activity, the subject may not have enough opportunities inherent in him by nature and acquired by himself (security) to use the consequences of such activity to meet his needs and his own formation. Moreover, the essence revealed to him with the help of consciousness can deny his existence and further existence.

The importance of conscious activity (aimed primarily at satisfying social and spiritual needs) in comparison with subconscious and unconscious (mostly aimed at satisfying vital needs) to ensure self-preservation is greatly exaggerated. ... Unconscious processes that take place without the participation of human consciousness are realized in objective processes to maintain breathing, the work of internal organs, chemical processes, etc. These processes are not studied by the humanities or are perceived in a distorted way. It is very important that objective mechanisms of regulation of the organism carry out the goal of self-preservation regardless of consciousness, which behaves more unstable in relation to self-preservation than objective mechanisms of nervous and humoral regulation of the functions of a living organism, which are the result of a thousand-year evolution. Consciousness more often leads a person into hopeless dangerous situations than the mechanisms of self-preservation given to him by nature. If we consider the internal mechanisms of self-preservation of living organisms from the standpoint of philosophy, they are more focused on being (as an infinite existence in the past, present and future of their essence) than on existence (as the actual presence in time and space of one of the many forms of manifestation of the essence)" ^[6].

Henri Bergson, emphasizing the important role of the subconscious and unconscious in self–preservation, noted: "... the field of life is mainly the field of instinct, that on a certain line of evolution instinct has partially given way to the mind, that a shock to life may follow from this and that nature in this case has no other means but to oppose the mind to the mind. The mental representation, which thus restores balance in favor of nature, belongs to the category of religious" ^{[5, p.138]}.

In connection with the above, we can highlight the following aspect that deserves attention – ensuring the safety of the object from itself. In humans, this manifests itself in the threat of conscious behavior to the provision of vital needs of unconscious and unconscious activity. In particular, the need to expand consumer demands and human properties in order to increase its "commodity value" for the world economy has made it profitable to dull the vital instincts of a person. The Kuprin "moloch" of the world economy no longer requires a part, but the whole life of a person on the altar of profit. Proclaiming a person's personal freedom, he is offered to give up spirituality, family, procreation, protection of the Motherland in order to satisfy secondary economic and social needs, an overabundance of satisfaction of the need for emotions (which is no longer vital, but hedonistic). A person begins to lose his human properties, but as a result of such actions, a new "superman" with qualitatively different characteristics does not appear, but simply human potential is utilized.

In the Russian philosophical tradition, the time of a human life is optimally distributed between the satisfaction of his spiritual, personal, family needs and the fulfillment of community, state needs. The harmonious existence of a person in the awareness of the optimality of the collective form of his life as the goal of the existence of an economic and state-legal superstructure is the moral and religious basis of Russian philosophy ^[7].

The perniciousness of the approach to happiness as a possibility of endless consumption and the absence of suffering, at the civilizational level, was vividly demonstrated by the experiments of ethologist John B. Calhoun, who created a utopian paradise for mammals and received a complete destruction of the existence of this civilization in miniature ^{[8, p.330; 9]}.

In the modern world, the self-preservation of the people in its existence and being as its basic need is replaced by the need to preserve the ruling elites and the economic expediency of the existence of the rest of the population.

Projecting this process onto society and the state, we can observe the replacement of the main goal of creating collective entities in the form of a joint more effective realization of the vital needs of the entire nation, by satisfying the entire spectrum beyond the needs of the elites and the governing bureaucracy. At the level of interstate associations (NATO, EU, WHO, etc.) – the achievement of global goals, for example, the preservation of ecology, globalization and scientific and technological progress, occurs at the expense of vital security needs of individual states due to their destruction and exploitation. Specifically, in law enforcement, this problem can be expressed in ensuring, first of all, the own security of a law enforcement corporation, and not the security of society and the state, and replacing the normative goals of the activities of these bodies with corporate goals^[10].

Thus, modern achievements of biology and other natural sciences allow us to assert that human behavior is not completely controlled by consciousness, it is largely conditioned by unconscious motives aimed at providing vital functions, as well as subconscious motives that include both natural and social behavior programs. At the same time, unconscious and subconscious behavior is directed to ensuring the vital needs of a person for self-preservation, self-maintenance and self-reproduction to a greater extent in natural conditions, while consciousness potentially poses a danger to human self-preservation.

This pattern can be projected onto the state-legal sphere, where a state-public living organism in the form of individuals and their communities, performing algorithms developed in the process of formation of the state and society in the form of ordinary moral, religious, legal norms, in fact, is engaged in unconscious activity, fulfills these norms in most cases automatically or instinctively, not being aware of their essence, but knowing that the implementation of the existing paradigm of behavior, as a rule, should guarantee the performer success in life, despite the absence of a direct link between the benefits he produces and his well-being and prosperity of the whole society and the state.

The effect of this paradigm (axiom) is illustrated by the phrase of the ancient Roman emperor Marcus Aurelius: "Do what you have to, and what is destined to happen will happen." Such an algorithm of behavior as a proverb, statement, motto or even principle (Karma yoga) is found in many religious and legal monuments of developed civilizations, which indicates its universality.

Millennial states differ from all others by a huge foundation of accumulated knowledge, potential values, ready-made behavior algorithms that cannot be comprehended in one human life, which makes it even more stable and protected due to its unknowability by the enemy in a short time and the variety of reactions to objective dangers, as well as the available material potential. In the fight against the natural entropic processes of man, society and the state, culture plays the main role as "... information transmitted from generation to generation by extragenetic means in a form ready for development and use" ^{[11, p.10]}.

For example, according to objective psychology, meeting with a new danger plunges a person into stress, in which conscious activity gives way to subconscious and unconscious reactions to danger – there are three of them: to run, to defend, to pretend to be dead, which at the state level is embodied in the strategy of attack, defense or guerrilla movement, espionage, sabotage, etc. However the secondary encounter with danger gives way to conscious behavior, since the danger has already lost its novelty. Thus, States with more experience in dealing with dangers are ready to consciously develop algorithms of behavior in case of danger for their further unconscious execution by performers or future generations.

The presence of many institutions and algorithms for achieving success and prosperity in the state makes newly arrived members of society manageable, the labor costs of developing their own behavior programs are meaningless, since during the period of human life people do not go through the entire path of knowledge from beginning to end, they are only able to make a small contribution to the formation of the social and state matrix of behavior developed by previous generations. The experience gained during a human life is compressed into knowledge, on the basis of which unconscious and subconscious behavior algorithms are formed (unconscious in the part that their performers – people with short lives – do not have an objective opportunity to delve into the essence and history of the formation of these algorithms), all the next generations of people fall into a ready-made matrix (behavior paradigm) as a result, due to the saving of life time for cognition, people have free time, or rather, the ratio of life time spent on their own cognitive activity and public needs changes, and the expected increase in "public time", which guarantees the well-being of a person and ensures the prosperity of society and the state. This mechanism is similar to the division of labor, with the difference that we are talking about the division of labor in cognitive activity not in the present tense, but in historical development. However, the available algorithms should not deceive a person, because, having not reached the goal, he will reject them, at best he will embark on the labor–intensive path of searching for new ones, and at worst - on the selfish path of civil riots and wars, because people are not "just survival machines, self-propelled vehicles blindly programmed to preserve selfish molecules known as genes" ^{[12, p.3]}. Therefore, only the optimal combination of altruistic and selfish in the state, society and people, only "... a harmonious combination of a strong power and human well-being will ensure the formation of a just society and prosperity" of Russia (Article 1 of the National Security Strategy of the Russian Federation approved by Decree of the President of the Russian Federation dated 02.07.2021 G. No. 400 "On the National Security Strategy of the Russian Federation" - hereinafter the Strategy).

In turn, the authorities, making individual decisions to change the existing paradigm of the nation's activities, should engage in conscious activity, forming these algorithms (legislative power) or implementing a limited range of discretion allowed to them (executive power, judicial power).

The result of power regulation is "... order in a particular society as a result of historical continuity and political and legal creativity of a particular people or nation under the influence of some spiritual and moral ideal. At the same time, it is impossible to borrow such forms of interaction, since such interaction is an organic and integral component of the practical and spiritual existence of a particular people or community, which are recreated, updated and transformed at various stages of the state-legal development of a particular people (nation). The order of society is based on the search for a concept of justice adequate to the national legal consciousness and everyday life as the highest expression of truth, an institutional and regulatory system, existing methods and means of legal regulation and management of social processes ^{[13, p.16]}.

The order of society, conditioned by culture, is manifested not so much in law as in a unified worldview, including in the field of security. The worldview is information about successful algorithms of behavior in society, ensuring its survival. So, in Russia before the church schism during the reign of Alexei Mikhailovich, the population of the Russian state from the bottom to the very top was covered by conciliarity as a single church and secular worldview.

In Hegel, such a unified worldview adopts the concept of "Volksgeist" ("spirit of the people"), which is depicted as the spiritual side of the state proper. "The spirit of the people," Hegel writes, "belongs to individuals; each individual is the son of his people and at the same time the son of his time, since his state is developing, no one remains behind him, and even less so – ahead of him" ^{[14, p.157]}.

The effect of the considered worldview in society is described by the founder of textual psychology A. A. Bogdanov: "A drop of water reminds of the sea, the sea of the sky, the sky of its luminaries, astrology, then about the death of people, about the death of the universe, about the law of entropy, which some interpret as the cause of this future death, about the mathematical formula of this law and so on, without end, with a different basis for the coupling of images for each case. Similarly, the everyday connection of people in society unfolds: A and B are connected by common tastes, B and C are common tasks, C and C are common misfortunes, etc.: the chain twists, intertwines, tangles with another chain, forms a tangle, covering millions of people, of whom the vast majority do not even know about the existence of each other...... Let us have two people in front of us, independently going to the realization of the same goal – complex and broad, for example, a political or cultural ideal. The organizational coincidence of their efforts will be achieved, of course, only when their goals merge in the minds of each of them and are understood by each as the same for both, i.e. when they find out the commonality of their tasks and plans. The more fully this commonality is revealed, the more elements are brought to a real coincidence, the greater, all other things being equal, the organization for work in this direction is created ^{[15, p.154]}.

In this context, the passionarity described by L. N. Gumilev is nothing but a controlled wave of alturism, which appeared as a result of the ordering of subconscious and unconscious entropy energies as a result of the social, religious and state formation of a unified worldview.

However, the order of society is not a right. In the psychological dimension, the right is a motive imposed on a person, i.e. (an objectified need). If earlier the peculiarities of human nature organically fit into the normative regulation of human activity by social norms (morality, custom, corporate, religious norms, etc.), minimizing the role of violent (imperative) methods, then at the present time law as the main regulator of human behavior has not yet accepted all the achievements of natural sciences in the field of "human studies", what causes the pathology of law due to its non-physiology or inconsistency with human nature, the widespread use of imperative methods by the state generates a deformation of legal consciousness and other negative trends.

The realization of the exercise of the right by the individual and society is ensured by a huge number of officials of the state apparatus and at the slightest malfunction threatens to paralyze the state. In other words, the state apparatus in these conditions is a mechanical "exoskeleton" (a device designed to replenish lost functions, increase the strength of human muscles and expand the amplitude of movements due to the external frame and leading parts) ^[16] for the weak-willed, paralyzed in everyday life or, on the contrary, hyperactive at the time of shocks, the body of society.

Therefore, the appearance of the institute of national security in law (which was more often perceived as a supra-legal category, giving grounds for exclusion from the current law), in our opinion, has one of its undeclared goals - the harmonization of the legal virtuality created over the past 30 years with human nature and objective geopolitical reality. The appeal to the Institute of national security will lead to the creation of a national order, as a universally accepted optimal algorithm for the behavior of the individual, society and the state, ensuring the stable existence and development of the multinational people of Russia.

The first step in this regard has already been taken when law was brought closer to human nature through the proclamation of national values. Russia has lived without values for more than 20 years, the gaps in the 1993 Constitution of Russia regarding the consolidation of national values and interests were filled through the Institute of National Security by the President of the Russian Federation as the guarantor of the Constitution of the Russian Federation in Decree No. 683 of December 31, 2015 "On the National Security Strategy of the Russian Federation".

2) Ensuring the internal functionality of the body.In a living organism, there is no separate body responsible for ensuring all vital needs, in this regard, ensuring national security only by special services looks very unorganized and, as the experience of the collapse of the USSR has shown, ineffective.

The body has many systems and organs that ensure its self-preservation, duplicating important functions for life. The mechanism and algorithms of self-preservation should not be simple and knowable to ensure the survivability of the organism. Millennial states are millennial because they are complex in their content and organization, and therefore independent and stable. The system of ensuring national security should be complex, duplicate its most important functions, ensure mutual control by its subjects and their effective interaction.

The main difference between living cells and people who make up the atoms of the state is the absence of selfishness as the leading strategy of their behavior. Unlike people in whom the altruistic and selfish must be reasonably combined to achieve personal life success and prosperity of society and the state, the cells of the body are completely altruistic and do not require a reward.

Each person has his own energy that motivates his behavior. According to recent studies by biologists, ethologists and anthropologists ^{[17,18,19,20]}, it is the energy of egoism and altruism combined in the conscious and subconscious behavior of animal organisms. The skillful use of these motivational energies makes the state no longer an external exoskeleton driven by violence, but a single whole organism with society and man.

Extreme selfishness as a destructive algorithmic of human behavior is imposed to weaken a geopolitical rival. According to the latest research of biologists, natural selection did not occur at the level of the individual, but at the level of the genus or tribe. The origins of cooperation are peculiar to him not because of close kinship, not because of reciprocity, not because of moral education, but because of "group selection": cooperating groups succeed, but selfish ones do not ^[21]. Which confirms the words of Ch . Darwin's statement that "a tribe comprising a large number of members endowed with highly developed feelings of patriotism, loyalty, obedience, courage and concern for others –members who are always ready to help each other and sacrifice themselves for the common good –should prevail over most other tribes. This will be natural selection" ^{[22, p.244]}. Thus, the multinational people of the Russian Federation are the product of the evolution of people with an optimal balance of altruistic and selfish behavior.

The preservation of the population of people with these innate properties is the main task of national security. Therefore, the new Strategy (2021) puts the first national interest not in protecting the traditional components of state security (constitutional order, sovereignty, independence, state and territorial integrity of the Russian Federation, strengthening the country's defense), but in preserving the people of Russia, developing human potential, improving the quality of life and well-being of citizens (paragraph 2 of Article 25 of the Strategy (2021)).

Egoism as a strategy of human behavior most often begins to be realized when it is necessary to satisfy vital needs. The leading states have long understood the correctness of the statement that "... hunger and thirst destroy not only the physical, but also the spiritual and moral forces of a person; they deprive him of a human image, deprive him of reason and consciousness ..." ^{[23, p.250]}, therefore "... a prerequisite for preserving the independence of the country is such progress of well-being the people and the general conditions of their life, in which every citizen understands that it is worth all the defense costs" (According to the memoirs of K. G. Mannerheim, this phrase was said by the head of the Social Democratic faction of the Finnish parliament, V?ine Alfred Tanner) ^[24].

In the process of civilizational development, vital functions of self-preservation, self-maintenance and self-reproduction cease to be carried out exclusively by the individual and are delegated to the state.The individual, no longer wasting time on their independent satisfaction, gets free time and frees up personal resources to perform socially useful activities that will bring mutual benefit to everyone in the form of personal life success and prosperity of the state and society. The social contract is fixed in the Constitution of the Russian Federation, and a person who is on the territory of the state and a citizen of the Russian Federation receives a number of benefits in the form of rights and standards of living.

Satisfaction of the vital function of self–preservation, which has received legal formalization in the form of constitutional rights and freedoms, does not deny the highest form of altruism - self-sacrifice in the name of the nation. However, this national algorithm is developed for certain groups of the population undergoing military service, religious service by fostering a sense of duty and responsibility to the nation, in the name of preserving existence, and not existence by "lesser evil", sacrificing part of the existing for the sake of continuing existence. The spread of this property (militarization) to the entire population is detrimental to the existence of the nation and precedes the decline of empires (Sparta, Sweden, Germany, Japan, etc.). Moreover, numerous wars and losses have made artificial selection not in favor of dominance, but in favor of self-preservation.

One of the foundations of ensuring national security is not only reproduction, but also maintaining proportions between groups of the population with different ideological attitudes to perform different social functions, for example, Seren Obum Kierkegaard distinguished four types of people: the philistine, the aesthetician, the ethicist, the religious person^[25]. In this classification, it is the religious person who is the most attractive in terms of ensuring the self-preservation of the nation, since he is guided by faith as a millennial mechanism for ensuring self-preservation, independent of the existing state and public opinion. An ethicist guided by a sense of duty and responsibility is closer to ensuring state security. The aesthetician, for whom selfishness is the main strategy of behavior, is focused on his own safety and is useful for performing logical and economic tasks in society and the state. A sound combination of all these types of people creates a balance in society and the best conditions for ensuring national security.

In conclusion, it is necessary to emphasize once again the importance of ensuring internal security. In the conditions of nuclear parity and the current international system of checks and balances, external military threats to national security are no more relevant than internal natural entropic processes not sublimated into useful energy of altruism, but realized in crime, as well as artificial entropic processes generated by geopolitical opponents to separate the security interests of the individual, society and the state as organic forms of existence of a multinational the people of Russia.

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