PPGC 111 The State 2nd Sem

OLFU MEDTECH Philippine Politics, Government and Citizenship WEEK 2 Finals

A. DEFINITION OF STATE territorially demarcated the universal external conditions

of social order.”- Robert M. Maclver, Scottish-American
 The modern term “state” is derived from the word “status”. It
sociologist, a humanist, and political scientist (1882-1970)
was Niccolò Machiavelli (1469-1527) who first used the term
 According to William F. Ogburn, an American sociologist,
“state” in his writings. His significant work is titled as “Prince”.
 The state is the most universal and most powerful of all a state “is an organization which rules by means of a
institutions. The state is a natural institution. supreme government over a definite territory.”
 A state is a community of persons, more or less numerous,  According to Max Weber, a German sociologist, historian,
permanently occupying a definite portion of territory, having a jurist, and political economist (1864-1920), “The state is
government of their own to which the great body of an association that claims the monopoly of the legitimate
inhabitants render habitual obedience, and enjoying freedom use of violence.”
from external control.  According to Anderson and Parker, “A state is that agency
 State has also been defined variously by political thinkers. in a society that is authorized to exercise coercive control
Some of the definitions are the following: within a given territory.”
 “State is a numerous assemblage of human beings,
generally occupying a certain territory among whom the  From the foregoing definitions, we can deduce that the State
will of the majority or of an ascertainable class of persons has four essential elements:
is by the strength of such a majority made to prevail a) People,
against any of their members who oppose it.” -Alisha b) Government,
Holland, Harvard University Professor c) Territory, and
 “State is a particular portion of mankind viewed as an d) Sovereignty.
organized unit.” -John William Burgess, (1844–1931)
B. ELEMENTS OF THE STATE
American political theorist, historian, and university dean.
 “State is a people organized for law within a definite 1. People/Population
territory.” -Former US Pres. Woodrow Wilson (1913-  People refers to the mass of population living within the
1921) state. “People” answers the question, “who governs
 “State is a territorial society divided into government and whom?”
subjects claiming within its allotted physical area a  According to Plato, there is no specific number
supremacy over all other institutions.” -Prof. Harold requirement; “…the state shall neither be too small nor
Joseph Laski (1893-1950) British political scientist, yet one that seems great but has no unity.” Aristotle, on
educator and Labor leader. the other hand, says “the number should be neither too
 “State is a union of families and villages having for its end large nor too small; It should be large enough to be self-
a perfect and self-sufficing life by which we mean a happy sufficing and small enough to be well governed.”
and honorable life.” -Aristotle (384-322 BC) Greek
2. Territory
philosopher and polymath.
 Territory is the demarcated area that rightly belongs to
 “The marks of an independent state are that the
the population. “Territory” answers the question,
community constituting it is permanently established for
“where?” It is a definite portion of the surface of the
a political end, that it possesses a defined territory and
earth which is the subject of the jurisdiction and
that it is independent of external control.” – Arnold
sovereign rights of a state in accordance with the
Bennett Hall (1881–1936) American educator, political international law.
scientist.  There can be no state without a fixed territory. People
 “The state as a concept of political science and public law, need territory to live and organize themselves socially and
is a community of persons more or less numerous, politically. Territory refers to the terrestrial (land),
permanently occupying a definite portion of territory, fluvial/maritime (water), and aerial (air-space) domains.
independent, or nearly so, of external control possessing The territorial domains are: a. terrestrial (land) b. fluvial
an organized government to which the great body of (water) which includes maritime and c. aerial (air). It
inhabitants render habitual obedience.”-James Wilford consists the land within its boundaries, the air space
Garner (1871-1938) American professor of Political above the land, the inland waters and all the natural
Science. resources therein, and the sea beyond the state’s
 “The state is an association which, acting through law as coastlines, including its seabed and subsoil. In the case of
archipelagic states this territorial sea stretches to 12 miles
promulgated by a government endowed to this end with
(19kms) from the coastlines to the open sea.
coercive power, maintains within a community

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  As in the case of the population, there is no definite size were the Jews and supporters were the early church
with regard to the extent of area of the state to be fixed. fathers.
There are large and small states. However, territory
should be permanent and large enough to be self- 2. Necessity or Force Theory
sufficing. Vatican is the smallest with a total land area of  Necessity or force theory maintains that the state must
0.44 km2; Russia is the largest with 17,098,242 km2 have been created as a product of the existence of the
strong and the weak in society, and as a result of their
3. Government struggle against each other wherein those who are strong
 There can be no state without government. Government are able to dominate and impose their will upon the
is the agency to which the will of the state is formulated, weak. The creation of the state through the constant war
expressed, and carried out. It is an institution or and invasion of the great warriors in the ancient time
aggregate of institutions by which an independent dominated the weak and later on formed a state.
society makes and carries out those rules of action  According to this theory, state is the result of the superior
necessary to enable men to live in a social state, or that physical force and subjugation of the weaker section by
which are imposed upon the people by those who the stronger. Physical strength was able to overcome
possess the power or authority of prescribing them. fellow men and to exercise authority over them.

4. Sovereignty 3. Natural or Instinctive Theory

 Sovereignty is the supreme power of the state to  The Natural or Instinctive Theory holds that the state is
command and enforce obedience its will from the people founded out of man’s natural instinct for association. The
within its jurisdiction, and corollarily, to have freedom social urge of the human being to be within a group of
from foreign control. people in the community as in sociology describes that
 The word “sovereignty” means supreme and final legal “man is a social being.” The social group provides the
authority above and beyond which no legal power exists. political development to stay and work together with
 Sovereignty has two aspects: common goal in the community then later on transforms
a) Internal sovereignty which means that the State is into a state.
supreme over all its citizens, and associations;
b) External sovereignty which means that the state is 4. Patriarchal Theory
independent and free from foreign or outside  The Patriarchal theory attributes the origin of states to
control. the enlargement of the family which remained under the
authority of the father or mother. By natural stages, the
C. THEORIES ON THE ORIGIN OF THE STATE
family grew into a clan, then developed into a tribe which
 There are several theories that attempt to explain the origin of broadened into a nation and the nation became a state.
the state, but no single theory offers an adequate explanation.  According to MacIver, “Kinship creates society and society
These theories have been formed and developed as a result of at length creates the states.”
the political thought and philosophy in the ancient time until  In the process of development of kinship patriarchal and
the Enlightenment period in Europe matriarchal both societies were experienced and such
societies contributed in the origin of the state theory
1. Divine Right Theory through their authority, military and political and religious
 The Divine Right Theory holds that the state is of divine privileges and powers.
creation and the ruler is ordained by God to govern the
5. Social Contract Theory
people. Reference has been made by advocates of this
 Social contract theory asserts that the early states must
theory to the laws which Moses received at Mount Sinai.
have been formed by deliberate and voluntary compact
 The rulers of the past advocated the political dominance
among the people to form a society and organize
of authority and power through their own ordained
government for their common good.
mandate that they represented the state as on the basis
 This theory justifies the right of the people to revolt
of the divine right (as God created the state). It was in this
against a bad ruler.
nature that the divine rights of kings have the absolute
 This is the right of the people to have the deliberate and
power and influence over their subjects.
voluntary contract on the right to overthrow the kings
 This is the oldest theory concerned in the origin of state.
and rulers against corrupt governance to organize a new
According to this theory, state is established and
government with common interest for all the people.
governed by God himself by agent or vice regent or vicar
Philosophers like Thomas Hobbes, John Locke and Jean
of God. The chief exponent of this theory in early times
Jacques Rousseau are the main supporters of this theory.

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6. Historical and Evolutionary Theory d) Property and Defense
 The Historical or Evolutionary theory explains that “the  played a vital role in the evolution of state in
state is the product of growth, a slow and steady ancient times particularly among the people who
evolution extending over a long period of time and were nomads and vagabonds and tribes. Prof.
ultimately shaping itself into the complex structure of a Laski has referred to the necessity of acquiring
modern state.” This theory is more scientific. property by the members of society and
 The state is neither the handiwork of God, nor the result protecting the property acquired with reference
of superior physical force, nor the creation of evolution or
to the population mentioned above. This led to
convention, nor a mere expansion of the family. The state
making adjustments in the social system and
is not a mere artificial mechanical creation but an
relationship between the members of different
institution of natural growth or historical evolution says
groups. The need to protect property ultimately
professor Garner.
 There were a number of factors which helped the compelled the ancient people to establish the
evolution of the state. They were kinship, religion, war, state.
migration economic activities and political
consciousness. e) Political consciousness
 arising from the fundamental needs of life for
a) Kinship protection and order. When the people settle
 is the most important and was based upon blood down on a definite territory in pursuit of their,
relationship and kinship was the first strongest subsistence and a desire to secure it from
bond of unity. Family constituted the first link in encroachment by others. The need for regulating
the process of the evolution of the state with the things and persons is felt imminently and this is
expansion of the family arose new families and the essence of political consciousness.
the multiplication of families led to the formation
of clans and tribes. Kinship was the only factor  In conclusion, it is apparent that many factors helped the
which bound the people together. growth of the state. No single factor alone was responsible for
 According to Professor Mac Iver, the magic of its origin. Sometimes all and sometimes many of them help
names 'reinforced the sense of kinship, as the the process by which uncivilized society was transformed into
course of generations enlarged the group. The a state. Of all the theories which seek to explain the origin of
blood bond of sonship changed imperceptibly the states, the evolutionary theory is the most satisfactory. It
into the social bond of the wider brotherhood. should be noted that no theory pin-points the time at which
The authority of the father passes into the power the state originated as a consequence of many factors working
of the chief once more under the aegis of kinship in union at different times.
new forms arise which transcend it. Kinship
D. DIFFERENCE BETWEEN STATE AND NATION
creates society and society at length creates the
state'.  By definition, State is a community of persons occupying a
definite territory, have government of their own, and enjoying
b) Religion freedom from external control, while a nation A is society of
 provided the bond of unity in early society. It inhabitants of a specific geographic region united and bound
also affected all walks of life. The worship of a together by a common racial ancestry, the same language and
common ancestor and common goods created a culture, historical past, laws and a shared interests and
sense of social solidarity. There was fear in the sentiments over the passing of many years.
hearts of men as far as religion was concerned.
Even today we see religious practices, affairs and  State Distinguished from Nation. Nation should not be
faith in uniting people. In the early days a confused with state for they are not the same.
number of races are united by religion and unity
was essential for the creation of state. a) The state is a political concept, while nation is an
ethnic or racial concept.
c) Force b) A state is not subject to external control while a
 also played an important part in the evolution of nation may or may not be independent of external
the state. It was the use of physical force that control.
was responsible for the growth of kingdoms and c) A state cannot become a state without a nation or
empires. nations that consists its people. On the other hand, a
nation is a nation whether or not a state exists.

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 d) A single state may consist of one or more nations or
peoples and conversely, a single nation may be made
up of different states. The United States is a melting
pot of several nationalities. On the other hand, the
Arab Nation is divided politically into several foreign
states. The Philippines is a state composed of one
nation

E. INHERENT POWERS OF THE STATE

1. 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 general welfare.

2. Power of Eminent Domain

 is the power possessed by the state over all property
within the state, specifically its power to appropriate
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
 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.

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