The state is the most powerful social institution and consists of four key elements - population, territory, government, and sovereignty. Population and territory form the physical bases of the state, as a state needs people living within a defined geographical area. Government is the political organization through which a state's will is formulated and enacted. Sovereignty is the supreme legal authority of a state, both internally over its own citizens and associations, and externally in its independence from foreign control.
State is a political society with its four elements - population, fixed territory, government, and sovereignty. It acts through law & it has certain powers by which it performs its functions. Society. • Society is both an organization as well as a system of social relationships
According to the Oxford Dictionary of Sociology (1994), ‘The state is a distinct set of institutions that has the authority to make rules which govern society.’ These institutions, according to Miliband (1969), are the government, the administration (the civil service), the judiciary and parliamentary assemblies. State power lies in these institutions.
Max Weber defined it as ‘the social insti¬tution that holds a monopoly over the use of force’. It has a ‘monopoly’ of legitimate violence ‘within a specific territory”. Hence, the state includes such institutions as the armed forces, civil service or bureaucracy, police, judiciary and local and national councils of elected representatives, such as parliament.
Consequently, the state is not a unified entity. It is rather a set of institutions which describe the terrain and parameters for political conflicts between various interests over the use of resources and the direction of public policy.
Sociologists have been particularly concerned with the state, but they have examined it in relation to society as a whole, rather than in isolation. Their main concern is the description analysis, and explanation of the state as an institution which claims a monopoly of the legitimate use of force within a given territory.
What are the state’s interests or the boundaries of the state? It is very difficult to identify them clearly, since different parts of the state apparatus can have different interests and conflicting preferences. Because of this diffi¬culty, there are frequently conflicts between elected politicians and non-elected civil servants or the judiciary over policy and resources.
Moreover, its boundaries have not been clearly defined and are constantly changing. It is here useful to bear in mind Althusser’s concept of state apparatuses. The capacity of the state to control the armed forces and police (repressive state apparatus) as well as the major means of communication, notably the media (the ideological state apparatus) is crucial to its power.
Defining state, Anthony Giddens (1997) writes: ‘A state exists where there is a political apparatus of government (institutions like a parliament, civil services officials, etc.) ruling over a given territory, whose authority is backed by a legal system and by the capacity to use military force to implement its policies.’
Dunleavy and O’Leary (1967) have suggested the following five characteristics of the modern state:
1. The state is a recognizably separate institution or set of institutions, so differentiated from the rest of its society as to create identifiable public and private spheres.
2. The State is sovereign, or the supreme power, within its territory, and by definition the ultimate authority for all law.
3. The state’s sovereignty extends to all the individuals within a given territory, irrespective of formal positions held in the government or rule-making institutions.
4. The modern state’s personnel are mostly recruited and trained for manag
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
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In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
1. The state and elements
The state and elements
State
The state is the most universal and most powerful of all social institutions. The state is a natural
institution.
Aristotle said man is a social animal and by nature he is a political being.
To him, to live in the state and to be a man were identical.
The modern term “state” is derived from the word “status”. It
was Niccolo Machiavelli (1469 – 1527) who first used the term “state”
in his writings. His important work is titled as “Prince”.
The state is the highest form of human association. It is
necessary because it comes into existence out of the basic needs
of life. It continues to remain for the sake of good life.
The aims, desires and aspirations of human beings are translated into
action through the state. Though the state is a necessary
institution, no two writers agree on its Definition.
Woodrow Wilson,“State is a people organized for law within a definite territory.”
Aristotledefined the state as a “union of families and villages having for its end a perfect and self –
sufficing life by which it meant a happy and honourable life”.
Holland,the state is “a numerous assemblage of human beings generally occupying a certain territory
amongst whom the will of the majority or class is made to prevail against any of their number who
oppose it.”
Elements of state
From the above definitions, it is clear that the following are the elements of the state:-
Physical bases of the State. 1. Population 2. Territory
Political bases of the State. 1. Government 2. Sovereignty
Population: It is the people who make the state. Population is essential for the state. Greek thinkers were
of the view that thepopulation should neither be too big nor too small.
Territory:There can be no state without a fixed territory. People need territory to live and organize them
socially andpolitically. It may be remembered that the territory of the state includes land, water and air -
space.
The modern states differ in their sizes. Territory is necessary for
citizenship. As in the case of population, no definite size with
regard to extent of area of the state can be fixed. There are small
and big states.
2. Government: Government is the third element of the state. There can beno state without government.
Government is the working agency of the state. It is the political organization of the state.
Prof. Appadoraidefined government as the agency through which the will of the State is formulated,
expressed and realized.
Sovereignty: The fourth essential element of the state is sovereignty.
The word ‘sovereignty” means supreme and final legal authority
above and beyond which no legal power exists. The concept of
“sovereignty” was developed in conjunction with the rise of the
modern state. The term Sovereignty is derived from the Latin
word superanus which means supreme. The father of modern
theory of sovereignty was
Jean Bodin (1530 – 1597) a French political thinker.
Sovereignty has two aspects:
1) Internal sovereignty.
2) External sovereignty
Internal sovereignty means that the State is supreme over all its
citizens, and associations.
External sovereignty means that the state is independent and free
from foreign or outside control