Modern, Liberal, and Socialist States: Exploring Principles and Evolution
Modern States and the Authority of the Monarch
The modern state emerged in Europe during the 15th and 16th centuries with the rise of absolute monarchies. Through marriages, absorption of vassal countries, and military annexation, large states began to form. Monarchs consolidated power by challenging the nobility, reducing the autonomy of cities, and limiting the powers of parliaments. This centralization of power led to the formation of royal courts, which became the core of power and the center of social life.
The king’s authority rested on these principles:
- Separation between Society and the King: All power emanated from the king, the absolute subject of rights.
- Divine Right of Authority: Authority was seen as emanating from God and placed in each Christian nation. The social body, deemed incapable of self-governance, delegated its powers to the monarch.
- Denial of the Right of Rebellion: The king could use any means deemed necessary for governance (reason of state). Rebellion against his authority was never supported, even in cases of injustice.
Authority in the Liberal State
The authority in the liberal state is based on the following principles:
- Rule of Law: Both rulers and ruled are subject to common law, reflected in a constitution or charter. State representatives cannot act arbitrarily but are subject to the rule of law.
- Division of Powers: Montesquieu, in The Spirit of Laws, argued for a constitution that prevented government abuse of power. He proposed the classic division of powers: the legislature makes laws, the executive branch applies them, and the judiciary ensures compliance. Effective independence between these branches is crucial.
- Suffrage: The liberal state is representative, with national sovereignty residing in the people. Periodic elections and the right to vote are essential.
- Rights and Freedoms: The liberal state guarantees basic rights, legal certainty, and fundamental freedoms. These include natural rights like freedom, equality before the law, security, and private property. The right to property, considered absolute and inviolable, supports free market competition.
- Minimized State Intervention in the Market Economy: The liberal state acts as an impartial umpire, ensuring fair economic competition and limiting its functions to activities not promoted by individual interests (defense, justice, public works, etc.).
Social Consequences of Mechanization
The social consequences of mechanization included:
- Replacement of skilled male labor with cheaper female and child labor.
- Transition from workshops to factories and deteriorating working conditions.
- Ruin of artisans unable to compete with mass production, leading to a suburban proletariat.
- Replacement of variable capital (labor) with constant capital (machinery), creating unemployment.
- Capital accumulation without social concessions, leading to class struggle.
Principles of the Socialist State
The principles of the socialist state are:
- Communist Revolution: Imbalance between productive forces and production relations leads to revolution, replacing the bourgeoisie with the working class.
- Disappearance of Social Classes: The revolution ends the bourgeois-proletariat division, creating a single-class worker state.
- Dictatorship of the Proletariat: Following the revolution, a dictatorship of the proletariat is established.
- Abolition of Private Property: Private property is abolished, and the means of production are socialized under state management.
- Economic Planning: The state controls production, distribution, and labor, replacing private initiative and free market competition.
- Destruction of the State: Eventually, a communist society achieves self-management, making the state unnecessary.
Characteristics of the Democratic and Social State of Law
Elías Díaz summarized the rule of law as follows:
- Rule of law as an expression of the general will.
- Division of powers (legislative, executive, judicial).
- Legality of administration (acting according to law and under judicial control).
- Fundamental rights and freedoms (formal guarantees and effective realization).
The rule of law means all citizens and institutions are subject to the law. The separation of powers prevents the abuse of power. The legality of the administration ensures public institutions act according to the law. Fundamental rights and freedoms are guaranteed against the abuse of power.
Key Terms: State, Democracy, Social
The democratic and social state of law adds social rights (work, health, education) to the liberal state’s focus on individual freedom. This emphasizes equality among citizens.
- State: Political power organized according to sovereignty and monopoly of legitimate violence.
- Social: Recognizes rights requiring government intervention (work, education, health).
- Democracy: Promotes citizen participation and is based on citizen sovereignty, guaranteed by law.
Three Generations of Human Rights
Three generations or phases of human rights development:
- First Generation: 18th and 19th-century liberalism, focusing on individual freedoms and civil and political rights (e.g., freedom of thought, expression, association, press, life, and property).
- Second Generation: Social, economic, and cultural rights (e.g., right to work, education, health, dignified life). These arose with the industrial proletariat and social liberalism.
- Third Generation: Rights related to environmental conservation, economic development, access to technology, and scientific research. These also include rights of ethnic minorities and peoples without a state. Some are controversial.
The Universal Declaration of Human Rights (1948) reflects first- and second-generation rights. Some authors propose a fourth generation related to the information society.
Representative Democracy
Representative democracy recognizes citizens’ civil and political rights, empowering them to hold public responsibilities. Citizens elect representatives, and democratic institutions operate under the rule of law.
Direct Democracy
Direct democracy involves all citizens in public affairs, inspired by Athenian democracy. Modern proponents advocate for citizen assemblies to make political decisions.