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The State The Whole Project
The State The Whole Project
The State
Concepts and Definitions of the State:
The state is a politically organized community existing since ancient times.
Ancient Greeks referred to the state as 'polis', the origin of words like 'politics' and 'city'.
Romans called their city-state 'civitas', from which terms like 'city' and 'civilization' are
derived.
The Latin term 'status' evolved into 'state' in various European languages.
Different interpretations of the state exist, from a Leviathan in Hobbes's view to a joint-
stock company, an organism, or a divine order for idealists.
For Marxists, the state is an instrument of class domination.
Jurists see the state as a law-making institution, while to racists, it symbolizes race
superiority.
Imperialists or colonialists may view the state as a tool of exploitation and enslavement.
The study of political science seeks to unravel the complex definitions and uses of the
state with scientific precision.
Diverse Perspectives on the State:
Ordinary perceptions may see the state as a large group of people.
Learned perspectives vary from seeing the state as a giant organism or a protector of
people and their rights.
The state is also seen through various ideological lenses, such as Freudian, Marxist, or
colonialist views, each providing a different interpretation of its purpose and function.
Diverse Definitions of the State:
Louis XIV's Definition: Viewed the state as his domain, famously saying "L'État, c'est moi,"
meaning "I am the state."
Thomas Erskine Holland: Defines the state as a numerous assemblage of humans, generally
occupying a territory, and a class that the majority or an ascertainable class cannot oppose.
Stuart Hall: Defines the state in terms of international law as a community that possesses a defined
territory and is independent of external control.
John Burgess: Sees the state as a particular portion of mankind organized politically on a definite
territory.
Woodrow Wilson: Describes the state simply as people organized for law within a definite
territory.
Robert Morrison MacIver: Defines the state as an association which acts through law as
promulgated by government, and exercises coercive power within defined boundaries.
Richard L. Cole: Describes the state as a whole community of its members seen as an organized
social unit.
Harold J. Laski: Defines the state as a territorial society with government subjects claiming a
physical area and supremacy over other institutions.
James Wilford Garner: Describes the state as a community of persons, permanently occupying
a portion of territory, independent of external control, and possessing an organized government to
which the body of inhabitants render habitual obedience.
Marxist Definition: Views the state from a different perspective, often associated with class
struggle and the functions of the state in society and economy.
Elements of State:
The state is typically defined by four essential elements or attributes:
1) Population:
The state is an association of men and women living together.
The population consists of three kinds of inhabitants:
o Full members or citizens who have complete duties towards their state and enjoy
all rights.
o Aliens, who are given only civil rights.
o Non-members, who are nationals of the state for some rights and protections.
There has been historical debate about the ideal size of a state's population.
2) Land or Territory:
It's one of the physical bases of the state.
The land of the state is defined as a specific portion of the earth's surface.
The territory should be large enough to be self-sufficient but not so vast as to be
ungovernable.
3) Government:
This constitutes the organized political authority in the state.
4) Sovereignty:
The state has supreme power within its territory and is independent of external control.
1) Population and Territory of a State:
Aristotle's View on Population: He believed the population of a state should be between ten
thousand and one lakh (100,000) to be well-governed.
Rousseau's Perspective: He suggested that a city-state should ideally have a population of 10,000.
Modern Views on Population: Present-day states range from those with small populations to
large nations like India or China, with no specific limit on the population as long as the natural
and human resources of the country are not exceeded.
2) Territory:
Territory is the physical basis of the state, and its size should be appropriate for the state
to be self-sufficient.
The people must live within a defined territory and should not wander from place to
place.
The territory should be large enough to support the population but not so extensive as to
be challenging to administer effectively.
Small states like Luxembourg and large states like Russia, America, and Australia have
varied territorial sizes, but modern views suggest that small states can also be well
administered due to advances in communication and transportation.
Economic Self-Sufficiency and Defense of States:
Economic Self-Sufficiency: The modern tendency is for states to be economically self-
sufficient regardless of size.
Defense Capabilities: Smaller states may struggle with defense due to limited resources
and territory.
Territorial Waters: State territory extends three miles into the sea or ocean and up to 20
kilometers into the air for economic purposes.
Space Territory: With advancements in technology, questions about airspace extend into
cosmic space, but there are difficulties in applying international law to 'moons' and
spaceships.
3 , 4 ) Government and Sovereignty:
Government: A permanent population on a definite territory constitutes a state when it has an
organized government that ensures habitual obedience.
Sovereignty: This is the supreme and unlimited power exercised by the state, independent of
all outside persons and associations, both internally (over all within the state) and externally
(independence from foreign control or power).
Other Features of State:
1) Unity:
It signifies a united population and territory under a single supreme power, contributing to the
state's cohesiveness and strength.
2) Continuity or Permanence:
The state theoretically continues to exist at all times, but in practice, states can evolve or
be overtaken by others.
Governments and forms of governance may change, but the idea of the state remains.
Evolution of states can occur through slow evolution or rapid revolution.
Examples include the change from absolute monarchy to democracy in England and the
communist to republic state transition in Russia post-1991.
The permanence of states is not absolute in practice, contrary to theoretical immortality.
3) Equality:
All states, regardless of size, are considered equal in the eyes of international law.
Equality is a feature of external sovereignty.
Misuse of the Term State:
The term "state" can be misapplied in non-scientific contexts, leading to confusion about
the actual political status of different entities.
Historical entities like Hyderabad (Deccan) or Swat were considered states within British
India, but they lacked certain attributes like foreign policy autonomy, making the term
"state" a misnomer for them.
The annexation of such regions by India was seen as an internal matter without
international repercussions.
British Dominions:
The British Commonwealth includes nations like Canada, Australia, and New Zealand,
which are Dominions, not fully sovereign states.
Dominions have accepted constitutions and heads of state appointed by the British
parliament, indicating a lack of complete sovereignty.
They voluntarily accept membership in the Commonwealth and are not subordinate to
each other.
Dominions have internal autonomy and external relations, implying a degree of
sovereignty but are not considered sovereign states in the strictest sense.
Municipalities and Local Self-Governing Bodies:
Entities like the Lahore Metropolitan Corporation are not states because they lack
sovereignty.
These bodies have certain administrative functions but are not supreme and final in power
within a territory.
Ancient City-States and Modern Mini-States:
Ancient city-states, like those in Greece and Rome, comprised a few thousand residents
and controlled a small territory.
Modern tiny city-states such as Monaco exist but are not considered states in the real sense
internationally, lacking recognition and sovereignty.
Despite their self-governance, these mini-states are not fully independent in international
law and relations.
State and Government:
The terms state and government are often confused, but they represent different concepts.
The state refers to the entity with sovereign power over a population and territory.
The government is the organization through which the state's authority is exercised.
Permanence:
The state is permanent, continuing to exist through changes.
The government is temporary, changing through elections, revolutions, or other political
transformations.
Sovereignty:
Sovereignty resides with the state, not the government.
The government acts as an agent of the state, executing its sovereignty.
Territory:
Territory is a characteristic of the state, essential for its existence.
The government can operate without a territory but not without the state.
Association vs. Organization:
The state is an association of the population for common goals.
The government is the organization or machinery through which state purposes are
realized.
Rights Against Entities:
Individuals have rights against the government.
The state, being impartial and embodying sovereignty, is not usually subject to rights
claims by individuals.
State vs. Society:
Society is a broader concept than the state, encompassing the complex of organized
associations and relations among individuals.
Relations in a society can be economic, religious, political, or social, while the state is just
one aspect of these relations.
Social forces, like friendship or jealousy, establish relationships that the state might protect
or modify but does not create.
Territoriality and Sovereignty:
The state requires a territory as an essential element, whereas society does not have
territorial references; it pertains to people and their associations.
The state is sovereign and exercises authority through laws and enforcement, but society
operates on voluntary cooperation without coercive power.
State and Government:
A state cannot exist without a government, which organizes the state politically.
Societies existed before the formation of states and can exist without political organization,
such as "stateless societies" like certain tribal communities.
Purpose of Associations:
All associations have defined and limited purposes, whereas the state has the general
purpose of maintaining peace and order for its citizens.
Sovereignty and Power:
The state is sovereign, with the power to enforce laws and compel obedience, which other
associations do not possess.
Control Over Associations:
The state controls all other associations, and none can control the state due to its sovereign
nature.
Territorial Power:
The state is a territorial association with the power to create other associations within its
boundaries.
Other associations, like the Red Cross or Rotary Club, operate beyond the territorial
confines of a state and are not territorial in structure.
Territory:
The term 'state' is defined by four elements: people, territory, government, and sovereignty.
However, territory alone does not define the state, as seen in the existence of nomadic
societies without a fixed territory in the past.
States have arisen at different times in different countries with varied forms and
organizations.
Government and law within these states have also varied across times and places.
The evolution of state structures is not uniform; some states progress while others regress
or stagnate.
Understanding the stages of state evolution is beneficial for students of political science.
The state has evolved through several forms or stages:
1) The Stateless Societies of the Primitive Times
2) The Tribal Kingdoms of Antiquity
3) The Oriental Empires
4) The Greek City-States or Polis
5) The Roman Empire
6) The Feudal States
7) The Nation States of the Modern Times
The Stateless Societies of the Primitive Times
Origins of the state are obscure and often shrouded in darkness due to the lack of written
records.
Studies in anthropology, archaeology, and proto-history provide insights into primitive
societies.
These societies were matrilineal and patriarchal without a state or political authority.
Tools and techniques to society's advantage began during this time, transitioning from
matrilineal to patriarchal structures.
Examples include ancient Egypt, Iraq, Iran, and China, situated along fertile river valleys.
The wealth of resources like warm climate and fertile soil contributed to their emergence.
Oriental Empires were considered 'cradles of civilization' due to their abundance of water
and control over vast territories.
These empires could enslave large populations and become aggressive territorial states.
Oriental Empires had different social structures compared to earlier tribal states, with
organized inequality and a rigid class system.
Membership in the empire depended on conquest and subjugation, not equality of right,
and privileges were based on social status and class.
Oriental Empires were land empires with economies based on agriculture and slavery.
The stability and despotism of these empires were seen as reasons for their endurance.
Karl A. Wittfogel, a German social historian, developed a theory on the Oriental Empires'
origins.
They consisted of two parts: large work-forces to build dams and canals for irrigation and
flood control, and a ruling class of officers to manage these workers.
Above this bureaucratic and military class stood the emperor, who was often considered
divine.
Oriental Empires were seen as socially stable, but politically weak and unstable, ruled by
hereditary despots over many subjects.
They are referred to as 'hydraulic societies' due to the importance of water control.
The citizens in Oriental Empires were divided into classes with warriors, nobles, and
priests holding privileges.
The majority, including peasants and subjects, had no political rights or freedoms and
were prone to extortion and tyranny.
In these empires, unity and identity in the state did not equate to liberty; the despotic king
or emperor absorbed the identity of the individual.
Despite being subjects, the people of Oriental Empires were not students of politics or
law, and conquest was a driving force despite the lack of societal freedom.
The social structure was divided into two main classes: the free and the slave, with the
free not much divided from the slaves.
The authority of the ruler was absolute, often seen as divine, with little to no respect for
civil rights and political liberty.
Political power in these empires could become decentralized, with provincial governors
becoming independent rulers in distant provinces.
Oriental empires were characterized by a lack of development beyond their rigid
structures, often leading to instability and stagnation.
While the Oriental Empires are often criticized for their despotism and stagnation, they
also brought peace, communication, and cultural development.
These empires survived into recent times in the East due to their efficient control of large
populations and resources.
Ancient Italy, like Greece, consisted of city-states that evolved into a republic and finally
an empire.
Unlike Oriental empires, Roman city-states had ruling classes but recognized citizens with
rights, unlike subjects or slaves.
Romans understood early in their history the importance of extending rights and privileges
to their conquered peoples, which helped to maintain their vast empire.
Roman citizens were not subjects but had civil rights and political liberties, along with the
responsibility to pay taxes and serve in the military.
Roman law and its system of universal laws were significant achievements, contributing to
the administration and unity of the empire.
The Romans established Pax Romana, a period of peace and stability across their
territories, fostering trade, commerce, industry, and agriculture.
Despite these strengths, the Roman Empire also had weaknesses, such as political liberty
denial, heavy taxation, slavery, and religious persecutions, which ultimately led to its
The Feudal States
After the fall of the Roman Empire, feudal states emerged in Medieval Europe.
Feudalism did not adhere to the concept of statehood; the idea of a central authority was
mostly absent.
Germanic tribes formed kingdoms and principalities, emphasizing loyalty and protection
over central governance.
Bonds of loyalty between lords and vassals were personal and based on the reciprocal
exchange of protection for military service and other duties.
Feudal states in Medieval Europe were characterized by a decentralized structure with local
lords holding power and exercising authority.
These states lacked a strong central government, leading to a fragmented and hierarchical
society.
The feudal system was based on land ownership and the granting of land (fiefs) in exchange
for loyalty and military service.
Society was divided into different classes, including nobles, knights, peasants, and serfs,
with limited social mobility.
The Church played a significant role in the feudal system, providing religious guidance
and often holding significant land and political influence.
Feudalism was marked by a lack of uniform laws and a reliance on customary practices,
leading to local variations in governance.
Despite its limitations, feudalism provided a level of stability and security during a
tumultuous period in European history.
Feudal System:
The feudal system involved service and economic dues to lords.
Lords had titles like duke or emperor but lacked absolute authority.
Feudalism led to confusion and conflicts in law and authority due to its loose structure.
Feudal Society Structure:
Divided into nobility (landowners) and serfs/peasants (land workers).
Nobility owned the lands, and serfs were bound to the land to provide for themselves and
their lords.
Feudal relations were personal and based on loyalty to the lord, not citizenship or central
authority.
The end of the Middle Ages saw the rise of strong chieftains or kings who subjugated other
nobles, leading to the formation of the modern national state.
Nation States of Modern Times:
A nation state is bonded by common factors such as religion, language, customs,
aspirations, etc.
It emerged from the absolutist state, representative democracy, colonial empire, or fascist
dictatorship.
Some parts of the world experienced communist states.
Absolute Monarchy:
Based on the absolute authority of the king.
Prevailed until the end of the 18th century.
Supported by political thinkers like Machiavelli, Bodin, Hobbes, among others.
Advocated for royal absolutism and the divine right of kings.
Utilized gunpowder and ironclad horsemen to destroy the feudal army's power.
Royal courts imposed order and curbed the lawlessness of feudal barons.
Democratic Nation-State:
Emerged due to economic and political causes in countries like England and France.
The Industrial Revolution played a key role in this emergence.
Created new social classes and demands for political and civil rights.
Led to conflicts such as the English Civil War and the French Revolution of 1789.
Transitioned from absolute monarchy to more democratic or republican forms of
government.
By the end of the 19th century, most European countries had adopted some form of
democracy.
Characteristics of Democratic Nation-States:
Based on representative government and universal adult suffrage.
Emphasize the protection of civil and political rights.
Follow a policy of laissez-faire in economic matters.
Promote individualism and the freedom of economic enterprise and profit.
Resulted in the growth of capitalism and the concentration of wealth.
Characterized by social disparities and expansionist policies.
Led to new forms of the state such as colonial empires.
Future of the State:
The evolution of the state is ongoing, with current global struggles indicating that the process is
not yet complete.
Uncertainty prevails regarding the future form of the state in the 21st century.
It fails to account for the historical evolution of democratic forms of government and does
not address questions like royal succession, court intrigues, or the overthrow of one dynasty
by another.
The theory held value in the past for maintaining peace and obedience but claimed divine
sanction for laws and governance that were actually created by humans.
Theory of Force
Statement of the Theory and its History:
The theory of force is advanced to explain how the state originated and was maintained for
two purposes: to explain the state’s origin and to justify its existence.
Theory of Force:
The state is viewed as a product of force, aggression, war, and subjugation.
The theory posits that a stronger man or tribe, through conquest and warfare, established
the state.
The saying "Might makes right" reflects this view, where the political relation of the
conqueror to the conquered became the basis of the state.
Historically, it is argued that states have always fought among themselves, with stronger
tribes subduing weaker ones.
Edward Jenks, in his book 'A History of Politics', argues that historically speaking, there is
no slightest difficulty in proving that all political communities of the modern type owe their
existence to successful warfare.
The theory is exemplified by the history of England, which from a collection of tribes
became a unified kingdom through conquest and consolidation of power.
According to the Theory:
The state's maintenance requires force even after its establishment.
Coercive power is necessary to preserve law and order, suppress internal disturbances, and
repel foreign aggression.
Coercive power becomes right and might through obedience to law and authority in the
state.
Criticism of the Theory of Force:
The theory has been questioned for the role it assigns to force in the ongoing function of
the state.
Critics argue that the state is not just the outcome of aggression but is maintained, defended,
or destroyed by a combination of force, coercion, and compulsion.
Misinterpretation of 'Contract':
Hobbes is criticized for twisting the meaning of the word 'contract' to mean a one-sided or
unilateral agreement.
His version of the contract is not binding on the sovereign, which contradicts the bilateral
nature of a true contract.
His concept of an irrevocable contract, not appealing to human reason, is seen as flawed.
Hobbes's Inconsistencies:
Hobbes initially claims that all natural rights are surrendered to the sovereign, but later
suggests that some rights, like the right of self-preservation, remain with individuals.
This inconsistency undermines his argument and the complete surrender of rights does not
align with common sense.
Hobbes's Legal Theory of Rights and Sovereignty:
The theory is critiqued for being one-sided, recognizing the state's nature but not fully
explaining why certain rights must be acknowledged and respected.
It is pointed out that laws are made by the people and not solely by the sovereign, which
contradicts Hobbes's view that sovereignty, rights, and laws emanate from the sovereign.
John Locke (1623-1704):
Contrary to Hobbes, Locke did not view the state of nature as a perpetual state of war but
one of peace, reason, and equality.
Locke's state of nature was based on natural law, which was not license but a system of
reason and justice, affording natural rights under three heads: life, liberty, and property.
These rights were viewed as fundamental and inalienable, to be respected by all, and not
to harm one another.
Locke on the State of Nature:
Locke believed that the state of nature was pre-political and based on the law of nature and
reason.
Even though the state of nature was peaceful, there were inconveniences, such as the lack
of a common standard to resolve disputes, which led to the establishment of a government.
Inconveniences of Locke's State of Nature:
There was no common judge with authority to resolve disputes.
People interpreted the law of nature according to their own understanding, leading to
conflicts.
The state of nature was full of fears and continual dangers due to the lack of a common
power to enforce the natural law.
It is Self-Contradictory:
The theory is seen as self-contradictory because it suggests that individuals already had a
common consciousness and agreed to form a state, which contradicts the premise that there
were no laws before the contract.
The theory presupposes a natural system to enter into a contract but then implies that the
state's origin is not in the contract but in the legal will of the people, which is a
contradiction.
Contradicts the True Basis of the State:
The contract theory asserts that the state is voluntary, but critics argue that the state is
actually a compulsory association and not a commercial partnership based on temporary
interests.
Edmund Burke is cited as someone who believed that every man is born in the state and
that this connection to the state is part of his permanent social heritage, not something that
can be traded or dissolved on a whim.
Dangerous Implications:
The theory of social contract is considered dangerous because it can lead to the dissolution
of all authority and potentially the state itself.
The excesses of the French Revolution in 1789 are used as an example of the dangers of
taking the social contract theory to extremes.
Value of the Contract Theory:
Despite criticisms, the contract theory is acknowledged for emphasizing the consent of the
governed as the basis of the state's legitimacy.
It inspired democratic ideas by advocating that people should choose their government,
rejecting the divine right of kings, and refuting absolutism.
The Patriarchal Theory:
Described as old as Aristotle's time, where the family is the first unit of society and multiple
families coming together form a village.
The patriarchal theory posits that the state originated from the natural expansion of a
family, where the father or mother acts as the head.
As families join, the original family head becomes the leader of a tribe or clan, tracing
descent from a common ancestor.
The theory explains that the sovereign authority in a state derives from this paternal
headship, likening it to the complete authority a father has over his family.
Societies were first organized on maternal relations before transitioning to paternal kinship
systems.