Lesson 4

• DEFINITIONS OF STATE

  STATE by Aristotle

  -State is a union of families and villages having for its end a perfect and self-sufficing life by which we mean a happy and honorable life.
• DEFINITION OF STATE

  STATE by John William Burgess

  -State is a particular portion of mankind viewed as an organized unit.
• DEFINITION OF STATE

  STATE by Niccolo Machiavelli

  -The modern term "state" is derived from the word "status". It was Niccolò Machiavelli (1469-1527) who first used the term "state" in his writings. His significant work is titled as "Prince". The state is the most universal and most powerful of all institutions. The state is a natural institution.
• DEFINITION OF STATE

  STATE by US Pres. Woodrow Wilson

  -State is a people organized for law within a definite territory.
• DEFINITION OS STATE

  STATE by Max Weber

  -The state is an association that claims the monopoly of the legitimate use of violence.
• DEFINITION OF STATE

  STATE by Alisha Holland

  -State is a numerous assemblage of human beings, generally occupying a certain territory among whom the will of the majority or of an ascertainable class of persons is by the strength of such a majority made to prevail against any of their members who oppose it.
• DEFINITION OF STATE

  STATE by Robert M. Maclver

  -The state is an association which, acting through law as promulgated by a government endowed to this end with coercive power, maintains within a community territorially demarcated the universal external conditions of social order.
• DEFINITION OF STATE

  STATE by James W. Garner

  -A state is a community of persons, more or less numerous, permanently occupying a definite portion of territory, having a government of their own to which the great body of inhabitants render habitual obedience, and enjoying freedom from external control.
• FOUR ELEMENTS OF STATE

  1.PEOPLE

  -People refers to the mass of population living within the state. "People" answers the question, "who governs whom?"
• 1.PEOPLE

  -Plato there is no specific number requirement; "...the state shall neither be too small nor yet one that seems great but has no unity.
• 1.PEOPLE

  -Aristotle "the number should be neither too large nor too small; It should be large enough to be self-sufficing and small enough to be well governed."
• 2. TERRITORY

  -Territory is the demarcated area that rightly belongs to the population.
• 2. TERRIRORY

  -"Territory" answers the question, "where?" It is a definite portion of the surface of the earth which is the subject of the jurisdiction and sovereign rights of a state in accordance with the international law.
• 2.TERRITORY

  -There can be no state without a fixed territory. People need territory to live and organize themselves socially and politically. Territory refers to the terrestrial (land), fluvial/maritime (water), and aerial (air-space) domains.
• 2. TERRITORY

  -The territorial domains are: a. terrestrial (land) b. fluvial (water) which includes maritime and c. aerial (air). It consists the land within its boundaries, the air space above the land, the inland waters and all the natural resources therein, and the sea beyond the state's coastlines, including its seabed and subsoil. In the case of archipelagic states this territorial sea stretches to 12 miles (19kms) from the coastlines to the open sea.
• 2. TERRITORY

  -As in the case of the population, there is no definite size with regard to the extent of area of the state to be fixed. There are large and small states.
• 2. TERRITORY

  -However, territory should be permanent and large enough to be self-sufficing. Vatican is the smallest with a total land area of 0.44 km2; Russia is the largest with 17,098,242 km2
• 3.GOVERNMENT

  -There can be no state without government. Government is the agency to which the will of the state is formulated, expressed, and carried out.
• 3. GOVERNMENT

  -It is an institution or aggregate of institutions by which an independent society makes and carries out those rules of action necessary to enable men to live in a social state, or that which are imposed upon the people by those who possess the power or authority of prescribing them.
• 4. SOVEREIGNTY

  -Sovereignty is the supreme power of the state to command and enforce obedience its will from the people within its jurisdiction, and corollarily, to have freedom from foreign control.
• 4. SOVEREIGNTY

  -The word "sovereignty" means supreme and final legal authority tv ab above and beyond which no legal power exists. Sovereignty has two aspects:

  Internal sovereignty which means that the State is supreme over all its citizens, and associations;

  External sovereignty which means that the state is independent and free from foreign or outside control.
• QUALIFYING ELEMENTS

  -INTERNATIONAL RECOGNITION: Acknowledgement from the world LEVEL OF CIVILIZATION: High level of "formal" organization It shall remain to be only a de facto state.

  -It has to be a member of the family of nations, that is, nations that recognize each other.

  -Recognized through International Law
• THEORIES ON THE ORIGIN OF THE STATE

  -There are several theories that attempt to explain the origin of the state, but no single theory offers an adequate explanation.
• THEORIES ON THE ORIGIN OF THE STATE

  -These theories have been formed and developed as a result of the political thought and philosophy in the ancient time until the Enlightenment period in Europe.
• 1.DIVINE RIGHT THEORY

  -The Divine Right Theory holds that the state is of divine creation and the ruler is ordained by God to govern the people. Reference has been made by advocates of this theory to the laws which Moses received at Mount Sinai.
• 1. DIVINE RIGHT THEORY

  -The rulers of the past advocated the political dominance of authority and power through their own ordained mandate that they represented the state as on the basis of the divine right (as God created the state). It was in this nature that the divine rights of kings have the absolute power and influence over their subjects.
• 1. DIVINE RIGHT THEORY

  -This is the oldest theory concerned in the origin of state. According to this theory, state is established and governed by God himself by agent or vice regent or vicar of God. The chief exponent of this theory in early times were the Jews and supporters were the ear early church fathers.
• 2. NECESSITY OR FORCE THEORY

  -Necessity or force theory maintains that the state must have been created as a product of the existence of the strong and the weak in society, and as a result of their struggle against each other wherein those who are strong are able to dominate and impose their will upon the weak.
• 2. NECESSITY OR FORCE THEORY

  -The creation of the state through the constant war and invasion of the great warriors in the ancient time dominated the weak and later on formed a state.
• 3. NATURAL OR INSTINCTIVE THEORY

  -The Natural or Instinctive Theory holds that the state is founded out of man's natural instinct for association. The social urge of the human being to be within a group of people in the community as in sociology describes that "man is a social being."
• 3. NATURAL OR INSTINCTIVE THEORY

  -The social group provides the political development to stay and work together with common goal in the community and later on transforms into a state.
• 4. PATRIARCHAL THEORY

  -The Patriarchal theory attributes the origin of states to the enlargement of the family which remained under the authority of the father or mother.
• 4. PATRIARCHAL THEORY

  -By natural stages, the family grew into a clan, then developed into a tribe which broadened into a nation and the nation became a state.
• 5. SOCIAL CONTRACT THEORY

  -Social contract theory asserts that the early states must have been formed by deliberate and voluntary compact among the people to form a society and organize government for their common good.
• 6. HISTORICAL AND EVOLUTIONARY THEORY

  -The Historical or Evolutionary theory explains that "the state is the product of growth, a slow and steady evolution extending over a long period of time and ultimately shaping itself into the complex structure of a modern state." This theory is more scientific.
• INHERENT POWERS OF THE STATE

  1. POLICE POWER

  -Police power is the power of government to enforce obedience from the people in the promotion of public health, morals, or safety, and the general well-being of the community. It is the inherent power of government to enact and enforce laws for the promotion of 31 general welfare.
• 2. POWER OF EMINENT DOMAIN

  -The power possessed by the state over all property within the state, specifically its power to expropriate property for a public purpose.

  -This is the power of the state to take private property for public use with just Compensation.
• 3. POWER OF TAXATION

  -Power of Taxation is the inherent power of the sovereign, exercised through the legislature, to impose burdens upon subjects and objects within its jurisdiction for the purpose of raising revenues to carry out the legitimate objects of the government
• DIFFERENCE BETWEEN STATE AND NATION

  -STATE is a community of persons occupying a definite territory, has government, and sovereignty
• DIFFERENCE BETWEEN STATE AND NATION

  -A NATION is a society of inhabitants of a specific geographic region united and bound together by a common racial ancestry, the same language and culture, historical past, laws and a shared interests and sentiments over the passing of many years.