FILOSOFIA
a)Sociability and self-interest Authors like Thomas Hobbesor Sigmund Freudmaintain that the human being is not a socialbeing by nature, but we live in society for pure self-interes b)Sociability and natureOn the other hand, according to authors such as Aristotleor Erich Fromm, the human being isincomplete by nature and, therefore, he is in need of others.
State is a type of political organization characterized by a permanent andindisputable power in a specific territory a)It has territorial power. The power of the State extends to the whole territory that delimit itsborders. b) It is sovereign. At the state level there is no instance higher than the State itself. So, the State isthe supreme sovereign within its territory, because it has supreme authority. c)It is in charge of maintaining order. This is perhaps the main function of the State. The State hasan obligation to protect its members from internal and external threats. -The State is not necessary This would be the position defended by a political movement that is knownby the name of anarchism. Anarchists, like Mijaíl Bakunin, consider that the State is the instrument of the powerful ones to oppress the people so that only a few are in possession of the wealth of all. The State is necessaryThis is the position adopted by the majority of thinkers who have reflected on the question of theState. From this perspective, the State is essential for two reasons:1ºDue to the fact that the State monopolizes force, since it is the only one that can make alegitimate use of it, the State is necessary to limit and control the outbreaks of violence thatmay occur. 2ºThe State is also necessary because it is the only instance that promotes the common good.The theories defended by Thomas Hobbes, John Locke or Jean-Jacques Rousseau.
Types of States: a)Authoritarian StateThe authoritarian State is characterized by the fact that its authority is unlimited and, therefore,it is not subjected to any kind of control.his monopoly of authority isreflected in the impossibility of citizens to intervene in state matters -Absolutist State.all these monarchies the power of the sovereign is practically unlimited and it is not subjectedto restrictions of any kind within the borders of his domain. Those who hold power are not chosen by the citizens, nor the citizens have a way of legally opposing the orders of the rule -Totalitarian State there is an even more exhaustive control of all social and personal spheres. In these dictatorships, the State also controls those institutions that are not state-owned, such as civil society and even the private life of individual.b)State based on the rule of lawthe authority is subject tothe “rule of law” Political power it must be exercised within the limits of the legal system The objective is to protect individual rights against abuses that maybe committed by the State.individuals are considered even superior to the stateauthority, since the State makes sense only as far as it contributes to the protection of the rightsand freedoms of these individuals.there are two keyfeatures of any State governed by the rule of law: -The Constitution is the most important law that regulates and structures the running of a State -the separation of powersis another mechanism that guarantees the existence of a fair State, power itsel fshould limit its own power.(legislative, executive and judicial) c)Social State based on the rule of law: This type of State is based on the conviction that the legal recognition of individual freedoms is indispensable, but insufficientin orderto make many of the individual freedoms effective, it is also necessary to ensure a minimum socialequality among citizens.
Law: It is the set of principles and norms human relations in society are subjected to. Right: It is the faculty or ability of every human being to do what is allowedor to demand what is according to their dignityFocusing on law, we can introduce a new distinction between:a) Positive law: It is the system of rules established by a particular Statewhich is applicable or in force at a particular time and place. This is known as the legislation of a country. b)Natural law. It is a set of principles and rules that are universal and immutable.
the principle of legality. This principle consists in being in conformity with the law both in therelations between the State and citizens, and in the relations among citizens. This principlebelongs to the field of positive law and, therefore, does not take into account the possible injusticeof the laws. Something is legal, simply, if it matches the current laws, although these laws mayseem unfair to us. Principle of legitimacy is often contrasted with the principle of legality.What is legal may not be legitimate, since what is legitimate is what coincides with justice andmorality. In a previous section, we have already talked about the legitimacy of state power; now thelegitimate State will try to ensure that what is legal is also fair.