THE STATE AND GOVERNMENT .Dr. Vivencio O. Ballano

What is a State? 2 Approaches

1. Juridical-Normative (Jurisprudence) -understands the state as “it should be” based on some epistemological standard

2. Empirical-Descriptive (Social Sciences) -understands the state based on empirical findings of anthropology and sociology.

JURIDICAL-NORMATIVE DEFINITION OF STATE

“A community of persons, more or less, 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” (De Leon 1997: 5).

4 Elements of a State 1. PEOPLE: inhabitants, citizens, aliens, permanent residents

2. TERRITORY: includes aerial, terrestrial, fluvial, and maritime domains

3. GOVERNMENT: totality of authorities which rule a society.

4. SOVEREIGNTY: the supreme power of the state that governs society

TYPES OF SOVEREIGNTY

INTERNAL: Power of the state to rule itself.

EXTERNAL: Freedom of the state to run its affairs without interference of

other states.

TYPES OF HUMAN SOCIETIES

A. HUNTING AND GATHERING TRIBE: Nomadic, travels by band, men engage in hunting, women gather fruits and vegetables, egalitarian

B. HORTICULTURAL SOCIETY: Semi-nomadic, engages in swidden or “slush and burn” agriculture, burns the forest, create temporary garden & plant root crops.

C. PASTORAL SOCIETY : HIGHER POPULATION, CONSISTS MOSTLY OF CLANS AND RELATIVES, ENGAGES IN CATTLE RAISING, THERE PRIVATE OWNERSHIP OF ANIMALS, SLAVES.

D. AGRICULTURAL SOCIETY: OWNERSHIP OF LAND RESULTING TO SOCIAL CLASSES AND STATE FORMATION, USE OF PLOW & BEAST OF BURDEN, RISE OF PRIVATE OWNERSHIP, EXISTENCE OF SOCIAL INEQUALITY, PRODUCTION OF SURPLUS.

E. INDUSTRIAL SOCIETY: HIGH POPULATION, URBAN & STATE

SOCIETY, USE OF TRACTOR OR MACHINERY FOR

AGRICULTURE, EXISTENCE OF SOCIAL CLASSES

AND HIGHER LEVEL OF SOCIAL

INEQUALITY, ADVANCED TECHNOLOGY

Anthropological Theories on the Origin of the State

HYDRAULIC: state emerged from arid areas to manage systems of irrigation, drainage and flood control.

ECOLOGICAL DIVERSITY: state emerged because of the need to regulate production and exchange of products between zones.

LONG-DISTANCE TRADE ROUTES: state emerged to create centers of trade, exchange or supply between long trade routes.

MULTIVARIATE: state emerged because of circumscription (resource concentration), increasing population and warfare.

Philosophical-Juridical Theories 1.DIVINE RIGHT: emerged because of divine

intervention. God gave monarchs authority to rule.

2.NECESSITY OR FORCE: created by warfare or annexation of territories by great warriors.

3.PATERNATISTIC: originated from one family which grew into lineage, clans, and ultimately a state.

4. SOCIAL CONTRACT: created through voluntary agreement of the people to create a state.

INHERENT POWERS OF THE STATE

POLICE POWER

POWER TO REGULATE FREEDOMS AND PROPERTY OF CITIZENS FOR THE PROMOTION OF: PUBLIC SAFETY, HEALTH, MORALS, PUBLIC CONVENIENCE & PROSPERITY

POWER OF TAXATION

POWER OF THE STATE TO IMPOSE CHARGES AND BURDENS UPON PERSONS, PROPERTY OR PROPERTY RIGHTS FOR THE USE AND SUPPORT OF GOVERNMENT.

POWER OF EMINENT DOMAIN

THE RIGHT OF THE GOVERNMENT TO TAKE AWAY AND APPROPRIATE PRIVATE PROPERTY FOR PUBLIC USE UPON JUST COMPENSATION.

DISTINCTION: STATE, GOVERNMENT, AND NATION

STATE: a complex society with a centralized government, fixed territory, high population, and sovereignty.

GOVERNMENT: a political organ that provides direction to the state, the totality of authorities that govern a state; only a part or element of a state.

NATION: an ethnic concept which primarily refers to the ethnic background of the people in the state. The US is a multicultural nation.

TYPES OF GOVERNMENT ACCORDING TO NUMBER OF PEOPLE EXERCISING SOVEREIGN POWER

MONARCHY

RULED BY ONE OR TWO MONARCHS (KING OR QUEEN OR BOTH)

SUB-TYPES:

1. ABSOLUTE: MONARCH AS HEAD OF STATE & GOVERNMENT, E.G. SAUDI ARABIA, BRUNEI

2. LIMITED OR CONSTITUTIONAL: MONARCH ACTS ONLY AS CEREMONIAL HEAD OF STATE; THE HEAD OF GOVERNMENT IS USUALLY THE PRIME MINISTER, E.G. ENGLAND, JAPAN

DEMOCRACYRULED BY THE PEOPLE EITHER DIRECTLY OR THROUGH REPRESENTATIVES

SUB-TYPES: DIRECT OR INDIRECT (REPUBLICAN)

ARISTOCRACY

RULED BY FEW RICH PEOPLE OR ELITE

TYPES OF GOVERNMENT ACCORDING TO EXTENT OF CENTRALIZATION OF POWER

UNITARY1 SET OF GOVERNMENT

E.G. PHILIPPINES

FEDERAL

2 SETS OF GOVERNMENT: FEDERAL & STATE

E.G. USA, MEXICO

TYPES OF GOVERNMENT ACCORDING TO EXTENT OF GOVERNMENT OWNERSHIP OF THE ECONOMY

LAISSEZ-FAIREGOVERNMENT OWNS LITTLE OR NO INDUSTRY AT ALL AND REDISTRIBUTES LITTLE IN WELFARE PROGRAMS.

WELFARE

GOVERNMENT OWN LITTLE OR NO INDUSTRY BUT REDISTRIBUTES WEALTH OR AID TO THE POOR; SOCIAL DEMOCRACY, “CRADLE-TOGRAVE” BENEFITS FOR THE CITIZENS.

STATISM

THE STATE AS NUMBER 1 CAPITALIST, OWNING AND CONTROLLING BUSINESS AND INDUSTRIES.

MAJOR TYPES OF INDIRECT OR REPUBLICAN DEMOCRACY:

COMPARISON : THE PRESIDENTIAL AND PARLIAMENTARY FORMS OF GOVERNMENT

PRESIDENTIAL

PARLIAMENTARY

TRADITIONAL TYPE

FRENCH TYPE

HEAD OF STATE(Usually ceremonial or nominal position)

President President Prime Minister

MANNER OF SELECTION

Highest vote in a nationwide election

Elected by members of Parliament, usually from the leading party

Usually Appointed by the President

HEAD OF GOVERNMENT(Usually the chief executive of the country)

President Prime Minister President

MANNER OF SELECTION

Highest vote in a nationwide election

Elected by Members of the Parliament (MPs)

MAJOR DIFFERENCES IN LEGISLATIVE POWER

PRESIDENTIAL PARLIAMENTARY

TYPE BICAMERAL: 2 houses making laws or statutes: Senate & House of Representatives

UNICAMERAL: 1 legislative house—the House of Parliament or General Assembly

MEMBERSUpper house: senatorsLower house: congressmen/women

Members of the Parliament (MPs)