Human Sociability, State, Law, and Political Models
Human Sociability
Sociability and Self-Interest: Sigmund Freud argued that humans are not social beings by nature. Instead, we live in society out of self-interest, not for fulfillment, but to guarantee survival. Humans are predisposed to compete rather than cooperate.
Sociability and Nature: Aristotle believed that humans are incomplete by nature and need others. Living in a community is essential for human flourishing.
The State
The state is a political organization with sovereign power over a territory, exercised by administrations, and holding a monopoly on the use of force.
Characteristics of the State
- Territorial Power: The state’s power extends over its entire territory, and no one within it escapes its authority.
- Sovereignty: The state has supreme authority and authorizes actions within its domain.
- Maintaining Order: The state is obligated to defend its members both internally and externally.
The Necessity of the State
Anarchist View: Anarchists, like Bakunin, believe the state is an instrument of the powerful to oppress the people. They argue that humans are good by nature, and social solidarity would prevail in a free community.
State Necessity: The state is necessary to limit violence due to human aggression and to promote the common good, as individuals and associations often prioritize their own goals. For example, the state builds infrastructure.
Types of States
a) Authoritarian State: Characterized by unlimited authority without control, preventing citizen intervention and leaving individuals defenseless against abuse.
Absolutist State: The sovereign’s power is practically unlimited, with no restrictions. Those in power are not chosen by citizens.
Totalitarian State: Features exhaustive control over all social and personal spheres.
b) State Based on the Rule of Law: Political power is exercised within legal limits, ensuring that those in state positions cannot act arbitrarily. Individuals are considered superior to the state, which protects their rights and freedoms.
Two Key Features
- The Constitution: The most important law, regulating the state’s structure and including fundamental principles, rights, and freedoms.
- Separation of Powers: A mechanism to prevent the concentration and abuse of power, as proposed by Montesquieu.
c) Social State Based on the Rule of Law: Recognizes individual freedoms but also corrects inequalities generated by the system.
Law
Derecho Objetivo (Objective Law): The set of principles and norms governing human relations in society, addressing all aspects of personal and social interaction.
Derecho Subjetivo (Subjective Right): The faculty or ability of every human to act within what is allowed or to demand what is according to their dignity. Human rights are a clear example.
Positive Law (Derecho Positivo): The system of rules established by a particular state, applicable at a specific time and place.
Natural Law (Derecho Natural): A set of universal and immutable principles and rules that positive law must adapt to, establishing what is fair rather than just legal.
Principles of Law
Principle of Legality: Conforming to the law, belonging to the field of positive law, and preventing unequal treatment, regardless of the law’s perceived injustice.
Principle of Legitimacy: What is legal may not be legitimate; legitimacy aligns with justice and morality.
Legal Theories
a) Legal Iusnaturalism: Defends the existence of universal and inalienable natural rights, with the state’s main function being to protect these rights. Human rights exist regardless of recognition by positive law.
b) Legal Positivism: Considers”natural right” as social norms based on collective opinions, which are not part of law. These rights become authentic only when promulgated by a state.
c) Legal Realism: Opposes both formal recognition of rights and focuses on the development of real conditions to protect these rights. Legitimacy is sought in the economic and social conditions that allow the effective enjoyment of fundamental rights.
Political Models
The Liberal Model
A liberal state defends civil liberties, market freedom, and social freedom. Adam Smith argued that the state’s main purpose is to ensure economic growth by protecting trade, facilitating exchanges, protecting private property, and enforcing laws. Smith advocated for non-intervention in the free market, as societal welfare depends on individual egoism, the law of supply and demand, and the division of labor.
The free market regulates itself without state intervention to achieve the greatest benefits for society.
Friedrich Hayek and Milton Friedman argued against public power interference in the private sphere and prioritized freedom over equality. Robert Nozick advocated for a minimal “nightwatchman” state, limited to protecting individual rights, with no intervention in economic benefits.
Domination and the State
This text discusses the reasons that justify the types of domination by the state.
The existence of the state is based on a relationship of dominance, explained by three theories:
- Traditional: Based on custom and acceptance of respect for those considered above us, like parents.
- Charismatic: Based on personal charisma or confidence in the superior capacity of leaders, warriors, or prophets.
- Legal: Based on the belief that laws and norms are necessary and rationally created.
Ultimately, obedience is driven by fear, hope, and other reasons, but the legitimacy of obedience is based on these three types.