This document discusses concepts related to law and the state. It defines key terms like law, state, and government. It describes James Wilford Garner's view that a state has four elements: a permanent population, defined territory, government, and sovereignty. It also discusses different types of states like sovereign, non-sovereign, federal, and unitary. The document notes that the Philippines is a sovereign state and outlines some of its ongoing territorial disputes with China. It concludes by distinguishing the constituent and ministrant functions of government.

1. Law-Related
Studies
SSM15, BSED-SS 3101 – Week 1
Prof. MEINRAD C. BAUTISTA, Ph.D.

2. Opening Prayer:

3. Previous President of the
Philippines

4. Preliminary Activity:
Picture Analysis

5. Answer:
Law

6. Preliminary Activity:
Picture Analysis

7. Answer:
State

8. Preliminary Activity:
Picture Analysis

9. Preliminary Activity:
Picture Analysis
Philippine Government

10. Week 1 Discussion:
Objectives:
1. To define state as a political concept
(Introduction to Law-related Studies);
2. To identify the elements and inherent power
of the states according to James Wilford
Garner;
3. To know the different types of state; and
4. To value the importance of the four (4)
elements in a state

11. Introduction to Law-related
Studies
Definition of Law
Law is the study of the
system of rules that a
particular country or
community recognizes
as regulating the
actions of its members.

12. Introduction to Law-related
Studies

13. James Wilford Garner:
Biography
James Wilford Garner
(1871-1938), an
American historian and
political scientist from
Mississippi, USA.

14. Introduction to Law-related
Studies
State as a Political Concept
In a nutshell, the state is a political concept
that refers to a sovereign political entity that
exercises power over a defined territory and its
people. It is characterized by a monopoly on the
legitimate use of force, a permanent population,
a defined territory, and a government.

15. Definition of State
A state is a political entity that has its own
recognized government, defined territory, and
sovereignty. A state possesses the authority to
make and enforce laws within its territory, and it
maintains relations with other states in the
international community. A state doesn't
necessarily have to be composed of a single nation;
it can consist of multiple nations or ethnic groups. A
state is a legal and political entity, while a nation is
more about a shared cultural or identity-based
concept.

16. Concept of State
The concept of the state has been debated by
political philosophers for centuries. Some
philosophers, such as Thomas Hobbes (English
philosopher), argue that the state is necessary to
protect individuals from chaos and violence. Others,
such as Jean-Jacques Rousseau (Swiss philosopher)
, argue that the state should be based on the
consent of the governed.
The state is a complex and evolving concept,
and there is no single definition that is universally
accepted. However, the state is a fundamental
element of political life, and it plays a central role in
shaping the world we live in.

17. Four (4) Elements of State:

18. Four (4) Elements of State:

19. Four (4) Elements of State:

21. Philippines and China
Territorial Disputes
The Philippines and China have been
involved in a territorial dispute primarily
centered around the South China Sea. The
conflict revolves around the sovereignty over
several islands, reefs, and shoals in the region.
Some of the most notable territories that the
Philippines claims and are occupied by China
include:

22. Philippines and China
Territorial Disputes
The territorial disputes in the South China Sea
involve complex historical, legal, and geopolitical
factors. Various countries, including the Philippines,
have raised concerns about China's assertive
actions and territorial claims, particularly its
expansive maritime claims based on the "Nine-Dash
Line." The international community has called for
peaceful resolution of these disputes and
adherence to international law, including the United
Nations Convention on the Law of the Sea
(UNCLOS).

23. 5 Philippine Territorial
Disputes:
Scarborough Shoal
(Panatag Shoal or Bajo de
Masinloc): This is a rocky
shoal located off the coast
of Zambales province in
the Philippines. The
Philippines claims it as part
of its exclusive economic
zone (EEZ), but China has
maintained control over it
since a tense standoff in
2012.

24. 5 Philippine Territorial
Disputes:
Spratly Islands: The Spratly
Islands are a group of
islands, reefs, and atolls in
the South China Sea. They
are claimed in whole or in
part by several countries,
including the Philippines
and China. China has
undertaken extensive land
reclamation and
construction on some of
these features, which has
raised concerns among
neighboring countries and
the international
community.

25. 5 Philippine Territorial
Disputes:
Mischief Reef: This is a
submerged reef within the
Philippines' EEZ that China
occupied in the 1990s. The
Philippines protested this
occupation and took the
issue to international
arbitration, resulting in a
2016 ruling by the
Permanent Court of
Arbitration in favor of the
Philippines. However, China
rejected the ruling.

26. 5 Philippine Territorial
Disputes:
Second Thomas Shoal
(Ayungin Shoal): This
is another disputed
feature located within
the Philippines' EEZ.
It's a submerged shoal
that the Philippines
maintains a military
presence on, using a
grounded naval vessel
as an outpost.

27. 5 Philippine Territorial
Disputes:
Fiery Cross Reef: This
reef is part of the
Spratly Islands and has
been significantly
expanded by China
through land
reclamation, resulting
in the construction of
military facilities,
runways, and other
structures

28. Four (4) Elements of State:

29. Four (4) Elements of State:

30. Four (4) Elements of State:

31. Two Functions of Government
1. Constituent – compulsory function
Constituent functions, also known as essential
functions or primary functions, refer to the core
roles that a government must perform to ensure the
stability, order, and basic functioning of society.
These functions are often considered indispensable
for the existence of a well-organized and functioning
government. They include:
• Maintenance of Law and Order
• National Defense
• Protection of Individual Rights
• Justice System

32. Constituent Functions of the
Government:
Maintenance of Law and Order: This involves ensuring that
laws are enforced, crimes are investigated, and the overall
safety and security of citizens are upheld.
National Defense: Governments are responsible for
protecting the nation from external threats and ensuring
the security of its borders and citizens.
Protection of Individual Rights: Governments must
safeguard the fundamental rights and freedoms of
individuals, such as freedom of speech, religion, and
assembly.
Justice System: Establishing and maintaining a fair and
impartial legal system for resolving disputes and ensuring
that justice is served.

33. Types of state
Sovereign state: A sovereign state is a state that is not subject
to the control of any other state. It has its own government,
laws, and military.
Non-sovereign state: A non-sovereign state is a state that is
subject to the control of another state. This could be a colony,
protectorate, or satellite state.
Federal state: A federal state is a state that is made up of
smaller states or provinces. Each state or province has its own
government, but they are all united under a central
government.
Unitary state: A unitary state is a state that does not have any
smaller states or provinces. All power is concentrated in the
central government.
City-state: A city-state is a state that is made up of a single city
and its surrounding territory.

34. What type of state is the
Philippines?
The Philippines is a sovereign state. It is an
archipelago country located in Southeast Asia
and is recognized as an independent nation. It
has its own government, territory, and
international representation.

35. Ministrant Functions of the
Government:
Infrastructure Development: Building and maintaining roads,
bridges, public transportation systems, and other essential
infrastructure to support economic and social activities.
Healthcare and Education: Providing access to quality
healthcare services and educational opportunities for citizens.
Social Welfare Programs: Implementing programs such as
unemployment benefits, social security, and poverty alleviation
initiatives to support disadvantaged populations.
Environmental Protection: Regulating environmental
standards, addressing pollution, and promoting sustainable
practices to protect the environment.
Economic Regulation: Creating and enforcing regulations to
ensure fair competition, consumer protection, and overall
economic stability.

36. Summary of Functions of
the Government:
In summary, constituent functions are the
core responsibilities that a government must
fulfill to maintain order and protect individual
rights.
While ministrant functions involve
additional roles that governments can choose to
undertake to promote the overall well-being and
development of society. The distinction between
these functions can sometimes be blurred, as
governments often balance these roles to
effectively serve their citizens.

38. References:
Jundumaug1 (2014). Concept of State and Government.
Retrieved from
https://www.slideshare.net/jundumaug1/concept-
of-state-and-governmentsummer-class
Oxford University Press (2023). Law. Retrieved from
https://www.oxfordreference.com/page/129#:~:te
xt=Law%20is%20the%20study%20of,the%20action
s%20of%20its%20members.
Philippine Star (2022). We have no territorial conflict with
China. Retrieved from
https://www.facebook.com/PhilippineSTAR/photos
/a.134754620011561/2863631410457188/?type=3