STATE JURISDICTION AND DIFFERENT THEORIES

OF GOVERNMENT,ITS PURPOSES AND

OPERATIONS

EDRIS P. SALIC
REPORTER
Origins of the State and Government

• Force Theory

• Evolutionary Theory

• Divine Right Theory

• Social Contract Theory

• Thomas Hobbes

• John Locke
Factors Contributing In the Origin
and Development of State
Kinship
Religion
War or force
Property of economic
factors
Political consciousnees
 What is the difference between a state and a nation?
State Nation
Definition – a political community that Definition – a sizeable group of people that
occupies a definite territory, has an organized share common bonds of race, language,
government, and has sovereignty (has customs, and religion
supreme & absolute authority w/in its
territorial boundaries)

*The geographic boundaries of states and nations do not always match.

Characteristics of a State
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Definition
A jurisdiction is an area with a set of laws under the
control of a system of courts or government entity
which are different from neighboring areas
State jurisdiction is the capacity of a State under
International Law to prescribe and enforce the rules of
law.  It is derived from the State sovereignty and
constitutes its vital and central feature.  It is the authority
of a State over persons, property and events which are
primarily within its territories (its land, its national
airspace, and its internal and territorial water).  This
authority involves the powers to prescribe the rules of law,
to enforce the prescribed rules of law and to adjudicate. 
The powers related to State jurisdiction raise the question
regarding the types and forms of State Jurisdiction. 
In political science, legitimacy is the right and
acceptance of an authority, usually a governing law or
a régime. Whereas "authority" denotes a specific
position in an established government, the term
"legitimacy" denotes a system of government —
wherein "government" denotes "sphere of influence".
For example, divorce of individuals within the state,
the sale of property within the state, or the breach of
a contract made within the state. Most state courts
are courts of general jurisdiction and therefore has
jurisdiction over wide variety of cases. The only types
of case that cannot be brought in state court are those
that the federal government has exclusive jurisdiction
over.
State jurisdiction refers to exercise of state court
authority. The state court has the right to make a
legally binding decision that affects the parties
involved in a case. It can also refer to a court's power
to hear all matters, civil and criminal, arising within
its territorial boundaries. State jurisdiction exists over
any matter in which the state has a vested interest.
State legitimacy can derive from a range of sources,
including the effectiveness of public institutions in
their performance of various functions, such as
service delivery, taxation and social protection
systems; and their degree of representation and
accountability.
Political legitimacy is a major determinant of both
the structure and opera-tion of states.
States that lack legitimacy devote more resources to
maintaining their rule and less to effective
governance, which reduces support and makes them
vulnerable to overthrow or collapse.
Types of State Jurisdiction
1. Legislative Jurisdiction
   Legislative jurisdiction is the capacity of a State to
prescribe rules of law (the power to legislate)
 
2. Executive Jurisdiction

  Executive jurisdiction is the capacity of a State to act and to

enforce its laws within its territory.[7] Generally, since
States are independent of each other and possess
territorial sovereignty, they have no authority to carry out
their functions on foreign territory.[8]  No State has the
authority to infringe the territorial sovereignty of another
State.  In this sense, a State cannot enforce its laws upon
foreign territory without the consent of the host State;
otherwise, it will be liable for a breach of International
Law.
(3)  Judicial Jurisdiction  
   Judicial jurisdiction is the capacity of the courts of a
State to try legal cases.[9]  A State has an exclusive
authority to create courts and assign their
jurisdiction, and to lay down the procedures to be
followed.  However, in doing so, it cannot by any
means alter the way in which foreign courts operate.
Purpose & Origins of
Government
Definition
Government
A group of people that governs a community or
unit. It sets and administers public policy and
exercises executive, political and sovereign power
through customs, institutions, and laws within a
state. A government can be classified into many
types--democracy, republic,
Why are governments created?
James Madison: People need government! “If men were
angels, no government would be necessary
 Theories of Government
The Force Theory The Force Theory
The force theory states that one person or a small group took
control of an area and forced all within it to submit to that
person’s or group’s rule.
The Evolutionary Theory
The evolutionary theory argues that the state evolved naturally
out of the early family.
The Divine Right Theory
The theory of divine right holds that God created the state and
that God gives those of royal birth a “divine right” to rule.
The Social Contract Theory
The social contract theory argues that the state arose out of a
voluntary act of free people.
• “The State was born of Force”
• Based upon the idea that one person/small group
claimed control over an area and forced everyone within
that area to submit to their rule.
• Powerful individual or group takes over an area by force
and establishes a government.
• State is historical growth
• Product of gradual process of
social development
• Evolved from basic social
structures
• Evolved over a long period of
time
• Government gradually evolves
from the family to a clan to a
tribe
Aristotle believed that state came into existence for
the bare needs of man’s life and continued exist for
his good life
State is a result of a slow and steady development of
human society
• Very popular throughout the 15th-18th centuries.
• God created the state and chose individuals to be given
a “royal birth” and therefore the “divine right to rule”.
• Opposition to ruler is both treason and a moral sin.
• Right to rule is derived from the Gods or God
According to the divine right theory, any attempt to
overthrow the king, limit his powers or go against his
will in any way was sacrilege, as it was also an act
against God himself. This allowed kings freedom to
do whatever they wanted, because only God was able
to judge a king. A French political philosopher named
Jean Bodin first proposed this theory in the 16th
century.
One of the first proponents of the divine right of kings was King
James I. Originally known as James VI of Scotland, King James I
held the three crowns of Scotland, Ireland and England in the
early 17th century. During his reign he sponsored the Bible
translation that bears his name, the Authorized King James
Version. He wrote a treatise called "The True Law of Free
Monarchies," in which he argued that kings were superior to
other men and had royal prerogative to impose laws as they saw
fit. Across the English Channel, the French King Louis XIV was
also a strong advocate of the divine right theory. By the late 18th
century, with the American and French revolutions, support for
the theory weakened, and by the beginning of the 20th century,
the theory was defunct.
• Most significant theory in relation to American
Government.
• Locke, Hobbes, and Rousseau
• Originally one’s safety, and allegiance, depended upon
their physical strength and intelligence.
• In order to change this condition, people agreed upon a
contract (the constitution) to ensure the safety and well-
being of all.
• Popular sovereignty, limited government, individual rights.
According to social contract theory (SCT),
“morality consists in the set of rules governing
behavior, that rational people would accept, on
the condition that others accept them as well.”
Hobbes – Earliest history man lives in a “state of
nature” with no government
Locke – Men make agreements (social contracts) with
each other i.e., life, liberty and property
Give power to authority, if authority fails to protect,
people can break the contract
Social Contract Theory
The philosophical ideas of the social contract is
dated back to Hugo Grotius (1583-1645), Thomas
Hobbes (1588-1679), John Locke (1632-1704), Jean
Jacques Rousseau (1712-88) and, more recently,
John Rawls who wrote in the second half of the
20th Century.
Hugo Grotius (1583-1645) used social contract as a
justification of absolute obedience of the people
to the government and a basis for legally binding
and stable relations among states.
Hobbes (1588-1679), argued that social contract
evolved out of pragmatic self interest. People willingly
came together and agreed to live under the rule of
government that was strong to keep order i.e. security.
John Locke on the other hand accepted much of
Hobbes social contract theory but argued that
sovereignty resided in the people for whom
governments were trustees and that such government
could be legitimately overthrown if they failed to
discharge their functions to the people. H
Locke’s social contract was devoted to sovereignty
and law. Sovereignty derived from the people’s will.
This will remained with the people. He argued that
sovereignty did not reside in the state but with the
people, and that the state was supreme, but only if it
was bound by civil and natural law
John Locke argued that, all men are created equal with
natural rights and the purpose of the government is to
protect these natural rights. John Locke contended more
that the source of government authority is the consent of
the governed (the people), and the right of revolution is
reserved for the governed.
Government
Government Types
1. Autocracy
 Absolute Monarchy, Constitutional Monarchy,
Dictatorship
 Unitary System
 Queen, King, Dictator, King or Queen w/leg.body
 AM: Saudi Arabia, Qutar, Bhutan, Swaziland
 CM: England, Netherlands, Denmark, Nepal, Sweden
 Dict: Cuba, North Korea
Government
Constitutional Monarch:
 Shares govt. powers with Absolute Monarch:
elected legislatures or serve as  Has complete and unlimited
ceremonial leaders power to rule
Queen Elizabeth II
(Great Britain) King Fahd
(Saudi Arabia)
Government
Dictators
 Govt. not responsible to the people and people lack the power to
limit their rulers
Fidel Castro Kim Jong
(Cuba) (N.Korea)
Government
Government Types
2. Oligarchy
 Unitary
 Small group rules
 Membership based on wealth, lineage, military
power, religion
 China
Government
Government Types
3. Democracy
 Federal
 Direct Democracy – people rule directly
 Citizens come together to discuss and pass laws, and select
rulers (most turn to mob rule)
 Indirect Democracy (Representative) – people rule
through elected representatives
 Aka republic
 DD: Switzerland has mixture of DD and ID
 ID: U.S., Canada, Australia, Italy
What is the difference between
Presidential and Parliamentary
Governments?
Three types of power
• Legislative Power: the
power to make laws

• Executive Power: the

power to enforce laws

• Judicial Power: the power

to interpret laws
 Maintain Social Order Provides Public Services

Purpose & Functions of

Government

Provide National Security Make Economic Decisions

 Maintain Social Order Provides Public Services
Our government makes laws to prohibit
“crimes” (murder, rape, assault, theft,
etc.) and punishes those who break them.
Government also provides courts to
resolve disputes between individuals.

Purpose & Functions of

Government

Provide National Security Make Economic Decisions

 Maintain Social Order
Our government makes laws to prohibit
“crimes” (murder, rape, assault, theft,
etc.) and punishes those who break them.
Government also provides courts to
resolve disputes between individuals.
Provides Public Services
Our government provides public roads,
bridges, sewer systems, health & safety
inspectors, public education, public
libraries, etc.

Purpose & Functions of

Government

Provide National Security Make Economic Decisions

 Maintain Social Order
Our government makes laws to prohibit
“crimes” (murder, rape, assault, theft,
etc.) and punishes those who break them.
Government also provides courts to
resolve disputes between individuals.
Provides Public Services
Our government provides public roads,
bridges, sewer systems, health & safety
inspectors, public education, public
libraries, etc.

Purpose & Functions of

Government

Provide National Security Make Economic Decisions

Our government provides a military to
protect us from attack, provides border
patrol, provides intelligence agencies to
spy for potential threats, etc.
Our government provides a monetary
system (U.S. Dollars), controls interest
rates and inflation, and provides aid to
the poor so that Americans enjoy a high
standard of living.
Sources
 www.brookwoodhighschool.net/.
 http://www.slideshare.net/ubaedulhaque/17924118nelsonthemakingofth
emodernstate?next_slideshow=2
 http://www.csus.edu/indiv/g/gaskilld/ethics/sct.htm
 https://works.bepress.com/dmnyamaka/5/download/
http://www.businessdictionary.com/definition/government.html
 http://www.gsdrc.org/topic-guides/state-society-relations-and-
citizenship/state-legitimacy/
 http://definitions.uslegal.com/s/state-jurisdiction/
 https://sites.google.com/site/walidabdulrahim/home/my-studies-in-
english/7-state-jurisdiction