Understanding the State: Sociability, Law, and Legitimacy
Sociability and Self-Interest
The human is not a social being by nature; we live in society out of pure self-interest.
Sociability and Nature
The human being is incomplete and therefore needs others.
The State
A type of political organization characterized by permanent and indisputable power in a specific territory.
Characteristics
- It has territorial power (any person in its territory is subject to its rules).
- It’s sovereign (supreme authority).
- It’s in charge of maintaining order.
Necessity of the State
1. No, Anarchism
The state is an instrument used by some to oppress the people, while a few are in possession of wealth. Based on the idea that humans are good by nature, in a free and egalitarian community, the state is not necessary, with solidarity as the fundamental rule.
2. Yes
- The state monopolizes force, being the only entity that can make legitimate use of it.
- The state promotes the common good.
Philosophical Perspectives
- Thomas Hobbes: Nature is a state of war against all. The purpose of the state is to guarantee order, peace, and stability, leading to an authoritarian state.
- John Locke: Nature involves natural rights. The purpose of the state is for individuals to cede to a group that can be revoked if it does not respect these rights, leading to representative democracy.
- Rousseau: Humans are free, equal, and good. The purpose of the state is for individuals to join together to serve the will of all, leading to direct democracy.
Authoritarian State
Monopoly of authority, no control.
Types
- Absolutist: No legal way to oppose the ruler.
- Totalitarian: More control over all social and personal spheres.
State Based on the Rule of Law
The authority is subject to the law, within the limits of the legal system, and protects individual rights. Individuals are superior to state authority.
Two Features
- Constitution: The most important law, regulating and structuring the state based on the rule of law.
- Separation of Powers: Guarantees a fair state, as power should limit itself.
- Legislative: Performs laws, controls the executive (Parliament).
- Executive: Applies laws and directs the administration (Government).
- Judicial: Applies the law and penalizes those who break it (Judges and courts).
Social State Based on the Rule of Law
Legal recognition of individual freedoms is indispensable but insufficient. It’s necessary to ensure minimum social equality among citizens.
The Legitimation of the State
Traditional
Power is legitimized by tradition, not rational elements, and is based on the belief in its hereditary character (e.g., monarchies).
Charismatic
Power is legitimized by the charisma of the ruler. The capacity is personal and not hereditary, with prestige based on the emotions and feelings he causes (e.g., Hitler, Mussolini).
Rational
Power is legitimized by law. The state has legitimate power because of the agreement among citizens. It’s the only rational authority (e.g., current democracies).
Law
A set of rules and norms that human relations in society are subject to.
Positive Law
A system of rules established by a state; the legislation of a country.
Natural Law
A set of principles and rules that are universal and immutable.
Right
The ability of every human being to do what is allowed or to demand what is according to their dignity.
Principle of Legality
Being in conformity with the law, both in the relations between the state and citizens and in the relations among citizens. It’s a positive law, so it doesn’t take into account possible injustice.
Principle of Legitimacy
What is legitimate coincides with justice and morality. The state tries to ensure that what is legal is also fair.