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Chapter – 1
Concept of State
and Nation
Contents
► Emergence of the State from Society
► Definitions of State
► Theories on the Origin of State
► Types of State
► Elements of a State
► Role of a State
► Concept of a Nation
DEFINITIONS
Black's Law dictionary defines 'State' as "the political system of a
body of people who are politically organised; the system of rules by
which jurisdiction and authority are exercised over such a body of
people."
Article 12 of the Constitution of India states that, "in this part, unless
the context otherwise requires, the State includes the Government
and Parliament of India and the Government and the Legislature
of each of the States and all local or other authorities within the
territory of India or under the control of the Government of India."
Emergence of the State from Society
► Society is an association of human beings, who live a
collective life and form social relations to fulfill their needs of
life.
► When a society is governed by common set of laws, rules,
reguations, and obey a supreme authority, it qualifies for
being a state.
► The state fulfills the need of political organization of society
to realize the purpose of collective living.
► Thus, a state is formed out of society.
rachita aggarwal is inviting you to a scheduled Zoom
meeting.
Topic: Legal Studies
Time: May 9, 2020 01:00 PM Mumbai, Kolkata, New
Delhi
Join Zoom Meeting
https://us04web.zoom.us/j/5074621938?pwd=ODA3O
VhPTzA5TGs4aFJsRW1EdkJaQT09
Meeting ID: 507 462 1938
Password: Elective
THEORIES ON THE ORIGIN OF STATE
Theory of Kinship - Aristotle
Patriarchal Theory
Matriarchal Theory
► Propounded by Mc Lennan and Edward Jenks.
► They believed that patriarchal families were
non-existent in the primitive ages.
► Polyandry was the highest authority of household.
► Mc Lennan described mother as the head of the
family and as the final authority in matters of
possession and disposal of property of the family.
► Edward Jenks gives the example of Australian
tribes who were organized in some sort of tribes
called totem group.
► Men of one totem group would marry all
the women of their generation belonging
to another totem group.
► So, polygamy and polyandry both were
pevelant.
► Kinship and paternity in such cases could
not be determined but maternety was a
fact.
► With the passage of time and beginning of
pastoral stage in human civilization, the
matriarchal society evolved into a
patriarchal one.
Divine Theory
Features of Divine Theory
Social Contract Theory
Nature of Social Contract Theory
Thomas Hobbes Theory of Social Contract
► He explains that prior to emergence of a
ciivil state, human beings were in the
state of nature.
► Their lives were under constant struggle
with nature.
► It was a condition of perpetual war
‘where every man was enemy to every
other man’. The life of a human being
was ‘solitary, poor, nasty and short’.
► According to Hobbes, a change in the government
meant the dissolution of the state. Thus, he did not
maintain the difference between the State and the
government as a political entity.
John Locke’s Theory of Social Contract
► In his book Two Treatises of Government, John
Locke explained that the state of nature was not a
state of war, but a state of peace, natural rights,
preservation, goodwill and mutual assistance.
► People were social and had rights and liberties.
► The state of nature did not have the machinery to
enforce the natural rights of individuals. To
preserve such state of affairs two contracts were
made: social and governmental.
► Social contract led to the formation of civil
society and governmental contract to the
establishment of government.
► Locke introduced the concept of limited
government, in terms of the rulers, their
powers, functions and tenure.
► He believed in limited monarchy. The king
was the trustee of the people.If the ruler
abused his powers and breached the
popular trust, he may be changed by revolt
by the people.
Views of Jean Jaques Rousseau
► According to Rousseau, ‘The general will of the
people’ led to the creation of the institution called
the state.
► In his work ‘The Social Contract’, he described the
state of nature as a state of bliss and happiness.
► Increase in population and disparity of wealth
and power made life intolerable.
► Simplicity and happiness disappeared. Human
beings then started to build their relations on
co-operation and dependency.
► They entered into a ‘social contract’ to
preserve their natual rights without
submitting or subordinating to any ruler or
authority.
► Individuals were governed by a new
authority in the name of General Will
(common good) of the people, in the form
of direct democracy. Rousseau regarded
General Will of the people as soverign.
► According to Rousseau, the government is
merely a tool to execute the popular will.
Role of a State
Minimal State:
► According to John Locke’s theory, ‘state acts as a
night watchman’ whose services are called upon
when orderly existence is threatened.
► The state must exercise the basic role of providing
protection from external attacks, enforcing
agreements and maintaining domestic order.
► Minimal states play a minimum role in interfering with
the social and economic life of the subjects.
Developmental States:
► The term ‘developmental state’ describes the
states’ essential role in harnessing national
resources and directing incentives through a
distinctive policy-making process.
► The first person to seriously conceptualize the
developmental state was Chalmers Johnson
(1931-2010).
► Johnson defined the developmental state as a
state that is focused on economic development
and takes necessary policy measures to
accomplish that objective.
Social Democratic States:
► Social democratic states are the ideal type of
states viewed by modern liberals and
democratic socialists.
► The state functions on the principle of fairness,
equality and equal distribution of wealth to
achieve social, political and economic justice,
equality and empowerment of its people.
Collectivized States:
➢ They undertake the control of economic life, by
bringing common ownership of all economic resources
under their own control for the welfare of all.
➢ The state makes laws to control the private property of
their citizens.
➢ People’s Republic of China follows such a policy. The
state takes care of the economic needs of its citizens
i.e. provides food, shelter, employment and the
citizens must not act against the government policies.
Totalitarian States:
► Philosophers like Hegel and dictators such as
Hitler and Mussolini held that the state must have
absolute powers and individuals have no right
against the state.
► According to this view, the state can do no
wrong.
► The whole life of an individual is within the
jurisdiction of the state.
Modern Welfare State:
Functions of a modern welfare state include:
Maintenance of law and order, establishment of justice, defence, public security
and foreign relations, maintenance of public health and sanitation, water supply,
transport and communication system, supply of power, electricity and essential
commodities,control of banking, currency and inflation, preservation of forests,
checking of trading and control of prices and measurements etc.
Other functions include the removal of social exploitation and establishment of
social unity, provision of economic and other benefits to weaker sections, social
security to old age people, widows, orphans and disabled, protection of workers
by regulating minimum wages, pension, education of the
masses,encouragement of art and literature, scientific and technological
research and cultural exchanges to increase the spirit of cultural unity and
harmony among the masses.
CONCLUSION

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Class 11 Legal Studies Ch-1 Concept of State .pdf

  • 1. Chapter – 1 Concept of State and Nation
  • 2. Contents ► Emergence of the State from Society ► Definitions of State ► Theories on the Origin of State ► Types of State ► Elements of a State ► Role of a State ► Concept of a Nation
  • 3.
  • 4. DEFINITIONS Black's Law dictionary defines 'State' as "the political system of a body of people who are politically organised; the system of rules by which jurisdiction and authority are exercised over such a body of people." Article 12 of the Constitution of India states that, "in this part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India."
  • 5.
  • 6. Emergence of the State from Society ► Society is an association of human beings, who live a collective life and form social relations to fulfill their needs of life. ► When a society is governed by common set of laws, rules, reguations, and obey a supreme authority, it qualifies for being a state. ► The state fulfills the need of political organization of society to realize the purpose of collective living. ► Thus, a state is formed out of society.
  • 7.
  • 8.
  • 9. rachita aggarwal is inviting you to a scheduled Zoom meeting. Topic: Legal Studies Time: May 9, 2020 01:00 PM Mumbai, Kolkata, New Delhi Join Zoom Meeting https://us04web.zoom.us/j/5074621938?pwd=ODA3O VhPTzA5TGs4aFJsRW1EdkJaQT09 Meeting ID: 507 462 1938 Password: Elective
  • 10.
  • 11.
  • 12. THEORIES ON THE ORIGIN OF STATE
  • 13. Theory of Kinship - Aristotle
  • 15. Matriarchal Theory ► Propounded by Mc Lennan and Edward Jenks. ► They believed that patriarchal families were non-existent in the primitive ages. ► Polyandry was the highest authority of household. ► Mc Lennan described mother as the head of the family and as the final authority in matters of possession and disposal of property of the family. ► Edward Jenks gives the example of Australian tribes who were organized in some sort of tribes called totem group.
  • 16. ► Men of one totem group would marry all the women of their generation belonging to another totem group. ► So, polygamy and polyandry both were pevelant. ► Kinship and paternity in such cases could not be determined but maternety was a fact. ► With the passage of time and beginning of pastoral stage in human civilization, the matriarchal society evolved into a patriarchal one.
  • 20. Nature of Social Contract Theory
  • 21. Thomas Hobbes Theory of Social Contract ► He explains that prior to emergence of a ciivil state, human beings were in the state of nature. ► Their lives were under constant struggle with nature. ► It was a condition of perpetual war ‘where every man was enemy to every other man’. The life of a human being was ‘solitary, poor, nasty and short’.
  • 22. ► According to Hobbes, a change in the government meant the dissolution of the state. Thus, he did not maintain the difference between the State and the government as a political entity.
  • 23. John Locke’s Theory of Social Contract ► In his book Two Treatises of Government, John Locke explained that the state of nature was not a state of war, but a state of peace, natural rights, preservation, goodwill and mutual assistance. ► People were social and had rights and liberties. ► The state of nature did not have the machinery to enforce the natural rights of individuals. To preserve such state of affairs two contracts were made: social and governmental.
  • 24. ► Social contract led to the formation of civil society and governmental contract to the establishment of government. ► Locke introduced the concept of limited government, in terms of the rulers, their powers, functions and tenure. ► He believed in limited monarchy. The king was the trustee of the people.If the ruler abused his powers and breached the popular trust, he may be changed by revolt by the people.
  • 25. Views of Jean Jaques Rousseau ► According to Rousseau, ‘The general will of the people’ led to the creation of the institution called the state. ► In his work ‘The Social Contract’, he described the state of nature as a state of bliss and happiness. ► Increase in population and disparity of wealth and power made life intolerable. ► Simplicity and happiness disappeared. Human beings then started to build their relations on co-operation and dependency.
  • 26. ► They entered into a ‘social contract’ to preserve their natual rights without submitting or subordinating to any ruler or authority. ► Individuals were governed by a new authority in the name of General Will (common good) of the people, in the form of direct democracy. Rousseau regarded General Will of the people as soverign. ► According to Rousseau, the government is merely a tool to execute the popular will.
  • 27. Role of a State Minimal State: ► According to John Locke’s theory, ‘state acts as a night watchman’ whose services are called upon when orderly existence is threatened. ► The state must exercise the basic role of providing protection from external attacks, enforcing agreements and maintaining domestic order. ► Minimal states play a minimum role in interfering with the social and economic life of the subjects.
  • 28. Developmental States: ► The term ‘developmental state’ describes the states’ essential role in harnessing national resources and directing incentives through a distinctive policy-making process. ► The first person to seriously conceptualize the developmental state was Chalmers Johnson (1931-2010). ► Johnson defined the developmental state as a state that is focused on economic development and takes necessary policy measures to accomplish that objective.
  • 29. Social Democratic States: ► Social democratic states are the ideal type of states viewed by modern liberals and democratic socialists. ► The state functions on the principle of fairness, equality and equal distribution of wealth to achieve social, political and economic justice, equality and empowerment of its people.
  • 30. Collectivized States: ➢ They undertake the control of economic life, by bringing common ownership of all economic resources under their own control for the welfare of all. ➢ The state makes laws to control the private property of their citizens. ➢ People’s Republic of China follows such a policy. The state takes care of the economic needs of its citizens i.e. provides food, shelter, employment and the citizens must not act against the government policies.
  • 31. Totalitarian States: ► Philosophers like Hegel and dictators such as Hitler and Mussolini held that the state must have absolute powers and individuals have no right against the state. ► According to this view, the state can do no wrong. ► The whole life of an individual is within the jurisdiction of the state.
  • 32. Modern Welfare State: Functions of a modern welfare state include: Maintenance of law and order, establishment of justice, defence, public security and foreign relations, maintenance of public health and sanitation, water supply, transport and communication system, supply of power, electricity and essential commodities,control of banking, currency and inflation, preservation of forests, checking of trading and control of prices and measurements etc. Other functions include the removal of social exploitation and establishment of social unity, provision of economic and other benefits to weaker sections, social security to old age people, widows, orphans and disabled, protection of workers by regulating minimum wages, pension, education of the masses,encouragement of art and literature, scientific and technological research and cultural exchanges to increase the spirit of cultural unity and harmony among the masses.