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Old Thursday, December 01, 2011
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Originally Posted by Xeric View Post
The State


Aristotle

“An aggregation of different families and villages organized for the purpose of providing facilities for the promotion of a happy and prosperous life.”

Bluntschli

“The politically organized people of a definite territory”.

To sum up

“A society politically organized within a definite territory, having its own government with coercive power to enforce obedience and which is free from external control”.


Essential Elements of the State

1. Population
  • Its absence: no human organization
  • Include all citizens whose rights and duties are legally recognized.
  • In ancient Greek Sates slaves and metics were not regarded as citizens, deprived of civil and political rights.
  • Modern Sates: no discrimination of class, creed or religion.

Size
  • Early Greeks preferred limiter number.
  • Plate restricted it to 5040.
  • Aristotle: neither so small to distinguish between rulers and ruled, nor so vast inconvenience in administration.
  • At present no hard and fast rule: Israel 60 lac, India and China over 1 billion.
  • It should be proportional to the size and resources of territory.
  • Not to small—not be able to defend or to develop its resources to the fullest extent.

2. Territory
  • Nomads: well organized, three elements are found, mere absence of a demarcated territory disqualifies them to be treated as body politic.
  • Scattered Jews did not form a State till they settled down in Israel.
  • Membership of Sate confine to people living in its territory.

Vastness
  • Greeks preferred limited territory.
  • Ancient Romans believed expansion to the global level.
  • Territory of the Sate includes, land natural resources, lakes and rivers, the marginal sea, air space etc.
  • Like population not possible to prescribe territorial limits.
  • USA and Russia are most powerful States, they possess huge territory and natural resources.
  • Scientific inventions: possible to govern large territories.
  • Not only vastness but also geographical position, climate and character of the people contribute to power and prosperity e.g. the Great Britain.

3. Government
  • Through it, will of State is formulated and expressed or through it, States sovereignty is exercised.
  • Number of people having a portion of territory with no any established organization to formulate or express their will is not called a State.
  • Governmental organization may be simple, few functions and restricted but must be there to form a State.
  • Government is temporary and State is permanent.
  • Change is government has no affect on the existence of State.
  • Parliamentary—Presidential, Unitary and Federal System, Democracy are most popular form of governments where as autocratic and totalitarian are disliked.
  • Government consists f Legislature, Executive and Judiciary.
  • “If the people are the limbs and the territory the body, the government is the head or brain of the State.”

4. Sovereignty
  • Paramount position to command unconditional obedience form its citizens and the groups.
  • Sovereignty discriminate the State from other type of human associations and establish it supremacy over all.
  • Sovereignty has two aspects.
  • Internal Sovereignty: Supremacy of the State over all individuals within its jurisdiction.
  • External Sovereignty: Independence of State from external control.

1. State and Government
  • Government is an element of State, so important that State is dependent on it for the formulation and expression of its will.
  • Government has deep imprints on the working of political system.
  • Hobbes regards defiance of government to treason against State.
  • Democratic system signifies the difference: criticism against government’s policies is not treason rather it is indispensable for the preservation of a democratic life.


Difference between State and Government

  • Territory is essential element of government while government can be formed without its own territory e.g. defacto government of Afghanistan in Islamabad.
  • All citizens are members of State whereas government consists of few of them.
  • Physical characteristics of State are same everywhere while forms of government differ from place to place e.g. Presidential in USA, Parliamentary in UK etc.
  • Sovereignty is attribute of State not of government. Government has power because State grants, government exercises only delegated powers.
  • State is permanent, sovereignty remain till the existence of State while government change e.g. French Revolution: a big change in form of government but State continue.
  • State is abstract while government is concrete. People may against government but never against the State.


2.State and Society
  • Man compelled to develop many relationships i.e. political, economic, cultural etc, society stands for all these relationships.
  • Society stands for entire network of social relationships.
  • If society is good a State will also be good and stable system.
  • State can play role for better standard of life in a society.

Difference between State and Society
  • Society embraces the whole life of man; State concerned with is political aspect only.
  • Society has no territorial reference, it belong to man alone not its environment, it may confined to home or extend to the whole world while Stat cannot be thought without territory.
  • Society lacks sovereign power whereas State has endowed with sovereignty.
  • Every individual is a member of State; Association; every member is free to opt or leave.
  • First society than State came into existence.
  • Violation of law; punishment by State while society depends upon State to control its members.
  • State has definite government while society has no legal and any prescribed organization.

3.State and Association
  • “An association is a group of persons organized for the pursuit of an interest in common”.
  • State is also a human association in a sense, though superior enough to regulate the conduct of all other association.
  • There are many associations in society e.g. family, church, clubs etc

Difference between State and Association
  • Membership of State is necessary/compulsory while association is optional.
  • Membership of State; one whereas membership of association; as many as depends upon aptitude and convenience of a person.
  • State; look after interests of all, Association; Only its members
  • State has wide range of functions while associations have specific interests.
  • State is a permanent institution whereas association is temporary, it disappear after getting specific objects e.g. Association for Removal of Literacy.
  • State has sovereignty while Association uses the instrument of moral persuasion or may deprive from membership.
  • State carries on functions in a definite territory. Associations are not bound to, they may confine to a small village or on international scale e.g. UN, Red Cross etc.
  • State has the right to dissolve associations, if they indulge in immoral and disruptive activities in society

Islamic Concept of Welfare State


  • State is bound to bring far reaching and multi dimensional changes.
  • Islam has given just and stable political order, righteous society; fair play and justice.
  • Islam; neither uncontrolled economic patern (capitalism) nor socialistic solution. It has distinct mode i.e. betterment of whole society.
  • Enforcement of welfare system though State machinery.
  • Fostering fraternal feelings, love, brotherhood, charity etc.

Balanced View
  • Islam maintained suitable balance between liberty and equality.
  • West liberalism is a social myth of equality.
  • Responsibility of State
  • Employment of mental and material resources.
  • Pious Caliphate in Medina was an ideal system and has no parallel in modern world.
  • Islam portrayed such a system which is based on chain of responsibilities.
  • Social security system of Hazrat Umar (R.A)

Enforcement of Justice
  • protection of property right.
  • Close all doors for ill means of getting wealth.
  • Obligation of Islamic State to implement system of Zakat. Economic Justice
  • Promote civic virtues, support simplicity, fair of Allah, uprightness, truthfulness etc.
  • Hoarding and carted are strictly prohibited.
  • No believe in complete socialization nor rigid type of economic system. Maximum sanctity is attached to human labor.
  • Government is responsible for provision of work to all people.
  • Right of property is not indefeasible, it is rather trust. Every Muslim to spend wealth in the way of Allah (SWT).

Theories of the Origin of the State



Concept of State in Historical Perspective or The State in History

Evolution of State is inconsistent and irregular, resulting in different forms of polities.

1-Tribal Organization
  • Most primitive form, chief of the tribe had to perform variety of functions.
  • Gradually became hereditary and assumed absolute authority.
  • Strong tribes got hold of weak.
  • Gradually tribal organization expanded to vast area.
  • e.g. Euphrate, Dajla, Sindh, Ganga, Yang etc.

2-Oriental Empire
  • First organized entity on territorial basis.
  • Beginning; loose foundation of old tribal States.
  • They were free in internal affairs.
  • They were expected to owe political allegiance to control authority (king).
  • That political period; internal disturbance, frequent revolts.
  • Stable political institutions could not developed in that period.

3-States in the West
  • Contemporary of Oriental Empire. Flourished in the West.
  • Aegean and East Mediterranean waters; note able progress in civilization.
  • Their factor of expansion was strong naval power.

4-Greek City States
  • Between 4th or 5th B.C. Historical linkage to present world.
  • Whole region divided, small cities, every city was State.
  • Mutual rivalries—concept of vast territory could not developed.

5-Roman Empire
  • Emergence of City State, different phases, big Roman Empire.
  • Form of government; hereditary monarchy—absolute authority (Roman City State)
  • 1st B.C: Rome became great empire having centrally administered strong authority.
  • Roman Empire based on autocracy and oppression.

6-Feudal State
  • Division of Roman Empire, small feuds, feudal remained at war.
  • No central authority to unite principle and organize them in body politic.
  • Powerful lords captured the neighboring territories.
  • Small feudal States emerged on the Map of Europe, France, England, Germany etc.

7-Position of Church
  • Christianity was the State religion of Holy Roman Empire, they regarded ruler as representative of God.
  • Church united the people by one religion, culture and uniform laws.
  • Fall of Roman Empire: Church was considered source of all authority.
  • Church became more powerful than contemporary European rulers.
  • Compromise between spiritual authority and worldly rulers, rulers also considered as representative of God.

8-Emergence of Modern Nation State
  • In medieval ages, political power transformed between lords and tenants.
  • Territorial nationalism, common political goals, race united the people.
  • Regional languages flourished in 15th and 16th century which replaced Latin.
  • Hatred against feudalism, need of its substitution felt.
  • Invention of gun powder, a tremendous advancement in science and technology.
  • Introduction of money economy and development of socio-economic order.
  • 16th century: new national States emerged in Europe.
  • Contemporary political thought contributed in this regards.
  • Importance of middle class, tussle between absolute rulers and people.
  • French Revolution paved the way for democratic ideals and introduction of constitutional monarchy.
  • Working class also got importance.
  • Popularity of democracy, socialistic thought, concept of welfare State realized and got foothold.
  • Present century, “One Nation One State” recognized by League of Nations later UN, in the form of “Right of National self-determination”.
  • Many States emerged in Asia and Africa in post war period.

Thread will be updated after exam.(Insha Allah)
To be continue . . . . .
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