Introduction to Origin of State
Unit
II Origin of the State
This
historical, evolutionary or developmental theory regarding the origin of the
state is the most scientific theory. This theory is mostly accepted by the
modern writes.
According
to Garner, the state is neither a handy work of god nor the result of the
superior physical force nor the creation of the convention nor mere expansion
of the family. Hence State is not invention.
It
cannot be referred back to any single point of time. The modern State is the
historical growth. It is the product of evolution. It evolved through a long
period of time. It is not proper to point out only one factor in order to
explain about the origin of the state.
A
multiplicity of factors has worked together. Therefore the modern State has
come into being owing to various factors some operating in one place and some
in other place.
The
fundamental factors that have contributed to the growth and formation of the
modern state are as follows.
Fundamental Factors which help
for formation of State
A.
Kinship
(Blood Relation)
B.
Divine
Origin Theory (Magic or Religion)
C.
Force
Theory
D.
Political
Consciousness
E.
Social
Contract Theory
A.
Kinship
(Blood Relation)
Kinship
means the blood relationship Macivelle, “Kinship creates society and societies
at length create the State.”
In
early times it was a power bond of union large group or tribes were bound
together by the bond or consent of king ship.
Henry
Maine says that, the oldest social unit ways the trine; the family regarded at
the first step towards the formation of the state. The families expanded into
the clans the several clans shifted together to form the number of societies
and towards the tribes.
Bond
(First stage)
Family
(second stage)
Society
(third stage)
Tribes
(fourth stage)
State
(fifth stage)
B. Divine Origin Theory
Divine
Origin Theory is the oldest theory regarded that it attributes the origin of
the State o will of the god. In ancient times people will terrify by various
natural phenomena like earth quack, thunder, lightning, flood etc. the people
obeyed the rule of the magician due to fear ignorance and superstition. As a
result magicians were represented by all sooner or later the magician replaced
by the priest, King.
In
primitive society the politicians and religions were mixed up. The King priest
was looked upon as a god. Therefore in earlier times religion play an important
part in the formation of the State. Still it plays a vital role in the
political life in the State.
C. Force Theory
Force
theory plays a vital role in formation of State. In early period weaker groups
left in constant fear of night and they are ruled by annexed territory. Force
was the determining factor in the establishment of a leadership. People group
together under the banner of the powerful leaders. The command of the leader
was law no body disregard it. Hence, the chief motive to form the State was the
law of power. Even today it is not possible for a state to exist without the
use of Force.
D. Political consciousness
The
political consciousness is another factor of the origin of the state by the
political consciences we mean the realization of the certain ends to be
achieved through political organization. But no one can say when it manifested
itself. In early time the common ends were not clearly expressed.
With
the increase in population primitive people mainly felt the necessity of an
organization to maintain internal peace and security and to protect the life
and property from the attack from other with the growth of such consciousness.
Political was separated from religious and the customary laws replaced by the
enacted.
But
this theory gives us an idea only about the process of development of State.
but it is also silent in the ends of the State.
E. Social Contract Theory
Concept
The
social contract theory is a most important theory of the state. According to
this theory the origin of the state is the result of the agreement by the
people voluntary to form a civilized society. This theory implies two things,
first it seeks to explain the origin of state, it attempt to define the relationship
between the rulers and rule. Thus, it is a theory both about the origin and
nature of state.
The
social contract theory tells us that in early society people lived in a state
of nature but there was no law and authority to safe guard the life and liberty
of the people. Hence they suffered a great cause and hardship in the state of
nature as a result. The primitive people gave up the state of the nature and
made a contract among them in other to escape from those problems and suffering
which result the formation of state.
The
chief exponents regarding the origin of state are Hobbes, Locke and Rousseau.
The views presented by them can be analyzed into two headings:
1. State of nature
2. Social contract
According to Locke
State of Nature
In
the state of nature lived or free and happy life. They also enjoyed the rights
and freedom. But it was pre-political. Man was not quarrelsome, brutal and
selfish. They were sympathetic towards other’s fellow men. The state of nature
was “the state of equality and reason” rather than license. There was a state
of peace, good well, mutual assistance and preservation.
But
there were no definite and determinant laws. There was no competent authority
to execute the laws, no independent and impartial arbitrator to settle the disputes.
Social contract
The
inconvenient condition was created only due to the condition of
disorganization. So, in order to escape from inconvenient situation people
abandoned the state of nature. They enter into an agreement with each other
with one another to form a civilized society. There are two contract in Locke’s
theory
a) Social contract
b) Government contract
According to Hobbes
State of Nature
Might
is right was the main ethics in Hobbes’s state of nature. Man’s life was
miserable. In the state of nature men were selfish and aggressive. They were
always quarreling with one another. There was no peace and security in the
state of nature. Every man was enemy to other.
To
him, “men’s condition was solitary, nasty, brutish and short.” The weak people
have no chance to survive.
Social Contract
Men
meet together and inter into an agreement in order to have good and permanent
end to superiority among the people. The people make up their mind to form a
state through a voluntary contract. And they agreed to surrender their natural
right to superior person or groups of person to whom they ought their
allegiance. The contract was each man with all and all with each.
Every
man said to every order other I authorize and give up of my rights giving
myself to this man or group of man on this condition that thou give up the
right to him and authorized all his actions in right manner.
According to Rousseau
State of Nature
The
state of nature according to Rousseau was very good. There was perfect freedom
and equality. Men were noble savages and they experienced idea happiness. Every
man was kind and sympathetic towards his fellowmen people. They were away from
the notion of vice.
But
this state of nature did not continued for long time. The growth of population
and size of private property were responsible for inequality and unhappiness
among the people of nature of state.
Social contract
The
solution of problem was found in a contract and the formation of the state or
the civilize society. In other words each person made contract with all and all
with each, as a result all the men dependent upon each and each dependent up
all.
In
brief, each man was under the control of entire community. There was only one
contract in Rousseau’s social contract theory. Each man lost his happiness as
soon as he made a social contract.
From
above discussion, it is clear that the ancient people who were living in the
state of nature and they coming to the contract or agreement with a view to
form civilized society. On which all the three experts are agreed secondly,
this philosopher opinion that the state originated as a result of the contract
made by the people to escape from the inconveniences of the state of nature.
Though,
they vary in other aspect like the condition of the state or the nature or the
people and their habits, living styles etc.
State
Meaning and Concept of State
Dictionarically,
the word “State” means, “a body of people politically organized under one
government within a definite territory. In society there are different
organization among these organization state has supreme level. From the ancient
period human beings are living in this organization. The term state is used by
different writer in different ways or senses.
According to
the Aristotle,
“Man by nature is a political being.”
Without
state his/ her life is incomplete so he has said that, state is prior to
individual.” The term state has been developed from different name so it is
accepted as an old term which is using as a state in present day.
At first the Greek (yunane) use the word
(polis) instead of state. It means city-state. But Roman used (civitas) and
(republica) instead of state. After 5th century Roman used to say it
as a (status). The word state was origin from the word (Teuton). For the first
time the Italian wise Mokiyabelly use the word state in the political science
in 16th century. After 18th century the sovereignty is taken as
fourth essential element of the state. When it is accepted then state is
accepted as a united and powerful organization.
From above discussion it is clear that the
state is an organization which has the sovereignty as well as having population
and other essential elements.
The
term state is used by different writers in different sense. Due to the verities
in their views it has been defined in many ways. We should not use the term
with the word in same vagueness and ambiguity as it used y the ordinary people
because state must have got certain essential elements. As pointed out by
Oppenheim, the existence of a State is possible only when people of a State
have settled under highest governmental authority and habitually follow its
orders.
Definition of State
The
some of the important definition regarding the state are as below:-
According
to Salmond, “State is a community of people which has been established for some
objectives such as internal order and external security.”
According
to Wilson Woodrow, “The State is people organized for law within the definite
territory.”
According
to Laski, “the modern State territorial society divided into the government and
the subjects claiming within its physical area a supremacy over all other
institution.”
Essential elements of a State
According
to Article 1 of Montevideo Convention, 1933, “The State as a person of
international should possess the following qualification;
Ø A permanent population
Ø A definite territory
Ø A government and
Ø A capacity to enter into
relations with other States
Prof.
Oppenhiem has pointed out the following essential elements of a State;
Ø Population
Ø A definite territory
Ø Government
Ø Sovereignty
There
are different concept between the ancient and today’s wise person about the
element of the state. The ancient writer Kautillya, according to him state has
seven elements. But today’s wise people emphasized that there are four element
of the state. From these all the major and most important elements are
population, territory, government and sovereignty.
Following
are the important element of the state which are used today’s world.
Population
Territory
Government
Sovereignty
1. Population
Without the population
there can not be state. Citizens compose the state and the sate has to look
after their welfare. Therefore, population is essential part of a state but
there is no any hard and fast rule as to the size of population. Population
varied from time to time and from state to state.
Plato the great Greek
philosopher opined that a state should consist 5040 people. The Aristotle and
Rousseau had opinion that to be a welfare state their should be 10 thousand
population which is an ideal number for an ideal state.
All these philosophers’
thought that lesser number of populations is necessary for good government. But
modern state consists huge number of population. Because of the growth of the
federalism as well as the technological the modern state has been possible to
insure good government. If the population has good character and discipline
then it will be easy to form the state.
2. Territory
As the state need the population
in same way it needs the territory or land. Territory is also an essential
element in making of a state there can be no state without a definite place of
residence (that is) area which is known as territory. Nomadic tribes cannot
form a state. Before 1948 the Jews had no state. Territory is an element which
distinguish the state form other association. The power and prosperity of the
state largely depended upon its size the territory of the state unable to its
people to know the other to which they belong.
Plato, Aristotle and
Rousseau have given their opinion that as smaller size of the territory it is
an ideal state. But today’s wise
philosophers do not agree to them. Because of new technology and well
transportation and communication and unity has change the concept of the
territory. There for the big state is form. The minerals, forest, hill,
Himalayan, rivers, ocean and the atmosphere or environment of the area is also
included in the state territory. To be organized their should be certain
territory to establish well govern the society.
3. Government
For every state the
government is a necessary element. Due to the government state is well
organized and forms the peace and security. With definite territory and
population the state has the organized government. If there is a power less
government there will not be well organized state and peace. Therefore the
government is real structure and state is an imaginary. As the state forms from
the essential elements to be a complete ideal state or to be a well organized
state the government plays a vital role to establish the rule and regulation as
well as law. This will help to form the complete state.
As we know that government has three organs
they are legislative, executive and judiciary. Legislative forms the law,
executive implement the law and judiciary look after the work of executive
whether the law are implement in right way or not. If anybody or any
organization did the work in wrong way then they are punished. So, it helps to
organize the state in right way.
4. Sovereignty
Sovereignty is the
forth essential element of the state. It is the supreme power of the state. Due
to this power the state keeps its rights to look after the people or citizens.
It is free to make a relationship or broke the relationship with international
countries. According to the A. C Kapur, sovereignty has two parts one is
internal sovereignty and external sovereignty.’ Internal sovereignty means the
power to utilize the law and impose it in a good manner. If the laws are not
followed then it punished them who did not follow. External sovereignty mean
the power that the state have the authority to make relationship with other
country or not. It is totally free to take its discussion.
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