THE CONCEPT OF THE STATE

7 & 8 September 2020

Mr. Roger Christopher R. REYES

Philosophy, Humanities, and Social Sciences (PHUMSS) Strand
rogerchristopher.reyes@ue.edu.ph
 Lord, true source of light and wisdom,
give me a keen sense of understanding,
a retentive memory, and the capacity
to grasp things correctly.

Grant me the grace to be accurate in my

exposition and the skill to express myself with
thoroughness and clarity.

Be with me at the start of my work,

guide its progress, and bring it to completion.

Grant this through Christ, our Lord. Amen.

THE CONCEPT OF THE STATE

7 & 8 September 2020

Mr. Roger Christopher R. REYES

Philosophy, Humanities, and Social Sciences (PHUMSS) Strand
rogerchristopher.reyes@ue.edu.ph
Vatican City is a state. The Pope is a monarch.

True
False
Vatican City is a state. The Pope is a monarch.

True Essential elements;

False forms of government
In international law, the Republic of China
(Taiwan) can be considered a state.
True
False
In international law, the Republic of China
(Taiwan) can be considered a state.
True
Theories on
False
statehood
The Philippines is the first republic in Asia.

True
False
The Philippines is the first republic in Asia.

True
False Sovereignty
§ DEFINE a state and CITE its essential elements;
§ DIFFERENTIATE between a state and a nation;
§ CITE and EXPLAIN the a) inherent powers of the
state and b) different forms of government;
§ DISCUSS the theories on the emergence of the state
and the theories on statehood;
§ DEVELOP an awareness on the role played by the
government of a state; and
§ CREATE and PRESENT an output which shows,
from students' perspective, the ideal vs. real status of
the Philippine state.
 Legal Sociological Political
Elements of State State vs. Nation Inherent Powers of
the State
Theories on Theories on the
Statehood Origin of States Forms of
Government
§ Aristotle: the highest form of association

§ Social contract theorists: the product of an established

order brought about by human cooperation and
agreement

§ Max Weber: an agency that has the monopoly of the

legitimate use of physical force in a given territory

§ Basic unit of the international community

 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 obedience,
and enjoying freedom from
external control
Convention on the Rights
and Duties of States
Montevideo, Uruguay, 1933
 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 obedience, and
enjoying freedom from external
control
Convention on the Rights
Application? and Duties of States
Montevideo, Uruguay, 1933
§ Government vs. Administration
§ Definition
§ W.o.n. it is an essential element
of the state
§ Permanent or temporary?

§ State vs. Nation

§ Nature of the concept
§ Nation as imagined community
(Benedict Anderson)
§ Imagined
§ Limited
§ Sovereign
 A community of persons, People
more or less numerous, Territory
permanently occupying Government
a definite portion of territory, Sovereignty
STATE
having a government of their own
to which the great body of
inhabitants render obedience, and 4 EEs = de facto
enjoying freedom from external
control 4 EEs + 1 = de jure

international recognition?
 Declaratory
§ Montevideo Convention
§ 4 essential elements must
be present
§ De facto state
Constitutive
§ International law: state, IF
recognized by other states
§ May or may not possess 4 EEs
§ Emphasis on int'l recognition

§ Taiwan § Palestine, 2012, “non-

member state observer”
status
Divine Right Theory
§ State is of divine creation.
§ Leader, ordained by God
§ Basis of monarchic states (examples)
Social Contract Theory
§ Deliberate and voluntary agreement
§ Right to revolt, justified
§ Basis of democratic states
Necessity or Force Theory
§ Force; conquest, coercion
Paternalistic Theory
§ Enlargement of the family
§ Family - clan - tribe - nation - state
§ Module 4, to be published on Sept. 9, 2020, 8:00am

§ Research on the following topics (notebook):

§ Inherent powers of the state
§ Forms of government
§ Examples of states that adopt them

§ Important Deadlines
§ Sept. 10 (Thu) - SUBMIT: Activity No. 2
§ Sept. 11 (Fri) - SUBMIT: Act. No. 3, M4; Act. No. 5, M3
§ Sept. 15 (Tue) - SUBMIT: Activity No. 4 (PT No. 5), Summative
Assessment
 What have you learned today?

Go to Public Chat and type one theory or

political law doctrine which you can
confidently explain even after this session,
plus a value/phrase/line you can associate
with it. There is no need to explain.
Examples: Doctrine of parens patriae - walang iwanan;
Doctrine of state continuity - kulang ako kung wala ka...