State and Human Rights: Essential Elements and Principles
Chapter XV: Elements of the State
Pre-Human State
Free and rational beings endowed with life within specific territories.
The Space Where People Live
To gather to form the state politically.
Consequential Determinants
- Political order
- Legal order
- Purpose of the state
Political theology of the government is a fundamental element of the state. The state is not just a group of men at one time, but a power that comes from it.
It is indispensable to study the individual. The human compensates this. Man is the foundation of the state, and to determine the nature of this, we have to do an analysis of the human person.
Characteristics of Men
- His personality
- Individual concept: The being that may be subject to rights and obligations.
Three Aspects of the Human Person
- Psychological aspect
- Metaphysical aspect
- Moral aspect
Psychological Personality
That which separates us from the animals. Reasoning prevents us from acting on instinct.
Essence
A feature that distinguishes something from others, making it unique.
Essence of Man
Explains that his spirit is the psychological self. Whatever may be the subject of me while I have thought, I think of my existence. The person who is undertaking this process of thought.
Characteristics of a Psychological “I”
- Consciousness
- Totality
- Activity
- Unity and historical identity
Ontological “I” Character
- Historical unity
- Identity
- Activity
- Consciousness
- Freedom
Ontological “I”: Consists in a substance, it is the person who produced that supports, giving it the same attached wing, and hang time. Also, the origin of this set of events, of this activity of our consciousness.
To Be a Person
Unity and identity of individual perfections.
- Unity
- Ontological autonomy, perfect in its freedom to act
- End: God
Imperfections of the Human Person
- Limited intelligence
- Weakened will
- Social destitution
Metaphysical Synthesis of the Human Person
From the ontological point of view, the human person is an individual substance of rational nature.
Moral Personalities
The realization by the metaphysical person of their own program of life.
Characteristics of a Moral Person
- The continuing series of acts to perform a program of life.
- There is a constant danger to their freedom. The human person is always at risk of deviating from the program of life.
- Degrees from high to low perfection: The realization of all signifies a degree in morality.
- A person is finishing: You can reach your goal when you reach the highest point of perfection.
Relationship Between Metaphysical and Moral Person
The subject is the same program that, when fully done, results in a perfect moral personality, concomitant with metaphysical personality.
Characteristics of an Individual’s Moral Person
- Requires subordination of all activity, however individual.
- That final goal, day after day, man-made goods necessary for further training.
- Correct development of this activity is done within the rules that show the path to truth and goodness.
In moral personality, there are social relations between individuals and society. The state must respect the essence of the human person, because if you do not want the state itself, you should try to respect what is essential to the elements that make it up.
Primary Task of Man
Form a plan of their own, meet individual needs, and respond individually to carry moral perfection and individual personality, regardless of social interests.
Social Facilities that the State Must Provide to Achieve Individual Perfection
- Sufficient freedom
- Enough material resources for the development of body and soul
- Order and sufficient tranquility
Criteria to Solve Possible Conflicts Between Rights and Obligations of Individuals and States
Understand the nature and purpose of the individual and the nature and purpose of society.
Chapter XVII: Fundamental Characteristics of Human Life and Freedom
From which the dignity of the individual derives. Freedom is a performance that derives from the human being. The relationship between the state and natural communities is to respect and strengthen the state to natural communities.
Is the State for the Individual or the Individual for the State?
The individual is for the state, but the state is obligated to provide certain benefits and the individual must give up something for the state.
Why is Man Superior to the State?
In the absence of man, the state would not exist. Man is above the state.
What is the Natural Right of Release?
Spiritual freedom in conscience, freedom of expression.
What is the Individual’s Own Right?
The human being is entitled to their own personalities and to take place in all its fullness. The specific responsibility for its part has been destined. The right to live and the right to implicit human life support. Life is all. Where there is no life, there is no possibility of rights.
Rights Derived from Fundamental Rights to Life and Freedom
- Perpetuation of the species
- Right to travel
- Right to freedom of conscience
- Right to work
- Right to thought
- Right to association and communication
- Right to the foundation of ideas
- Right to liberty and property
Natural Law, Property, and Wages
The right to just compensation for developing activities. What is delivered is the right thing instead of what is given, and because of this right, the property is called civil law heritage.
Social Function of Property
To be distributed equitably by the political community to satisfy the increasing needs of a growing number of human beings.
When are Human Rights Enshrined in Legislation for the First Time?
In the second half of the 18th century, with the Declaration of Independence of the United States of America.
What Made Absolute Sense of Freedom by the Revolution in France?
Proponents of freedom of values did not tolerate the presence of something that might point out that freedom has a limit.
When is there Abuse of Freedom?
If such conduct goes beyond the limits of moral and legal order.
What was the Error of the French Revolution?
Not clarifying the rights of the political community by not putting a limit to freedom.
Why are they Natural Rights as Individuals?
Because they are grounded in the reality of human beings, because they correspond to the nature of man.
Why is the State Only Justified if it Protects and Respects Human Rights?
Because it is its reason for being, its reason for existence, and they are prior to the state itself.
Rule of Law Based on Legal Order
State’s existence: The most important principle in the democratized regime is the nature of the essential state, that all that exists within the state must be ordered by legal rules.
Besides the Principle of Freedom, What Other General Guarantees Derive from Legal Order?
- Distribution of skills (makeup of powers)
- Special suffrage
Guarantees of the Rights of Human Persons
- Protection
- Unlawfulness
- Administrative litigation
Why Does the Atypical Family Have a Number of Rights?
It has to be recognized by the state, as in the existence of the family group, it has recognized that when the warranty forms in which the state provides for the conservation and improvement of the social group.
Natural Rights of the Family
The right of the nuclear family, which recognizes the inside of civil law.
Role of the State in Relation to Private Associations
The efforts of men isolated and associated, the effort of men in all kinds of communities to obtain the greatest amount of goods for the political community.
Role of Political Parties
Seek the realization of democratic principles in all its breadth.
Principles and Duties of Men and Groups to the State
- Tax liability
- Legal order
- Social or political sense
Duties of the State to Establish Social Justice
To the public good.
Chapter XVII: Nationality
Determined on a character or set of characteristics that affect a related group of individuals, giving them consistency.
Difference Between Nation and State
The state is an entity with personalities, and the nation is not.
Chapter XVIII: Territory
Why is Territory Important for the State?
Its presence is indispensable for the emergence and recognition of the state.
Functions of the Land
- Negative: From borders under the limits of state activity, it is to put a stop to the activity of foreign states.
- Positive: The seat is to be the physical location of its population, the major source of natural resources, and the same geographical area where it is in force.
What is the State’s Territory?
Surface, land, soil, atmosphere, and the territorial sea comprised within the same continental shelf.
What Kind of Law is the State on the Territory?
Ownership.
What Kind of Law Has the Status of Your Domain?
A real right.
Why is the Right of Ownership on its Territory Both General and Limited?
It is general because it spreads to all the territory, but limited because it is forced to respect property rights.
What is Both the Justification and Limits of the Interest of the State?
Public interest.
Chapter XIX: Specific Elements of the State
What are the State-Specific Elements that Distinguish it from Other Companies?
Own order, authority, and power.
What is the End of the State?
Temporary public good, common good, general interest.
Formal Elements of the Public Good
- Need for order and peace
- Need for coordination
- Need for aid
Thomistic Christian Doctrine of the Common Good
The order states that the universe is subject to a sense; this sense is provided to aim pursued in this ordination.
Government and Administration
Government: The direction of the activities of citizens in view of the public good in all aspects.
Administration: The organizational function of public services for help and direction of substitution of the activity of individuals.
Difference Between Power and Authority
Authority is hierarchy (superiority), and power is strength.
Essential Characteristics of the State
- Moral person
- Sovereignty
- Submissions to the state
Specific Note for State Power Authority
Sufficiency: Yourself without relying on others is what specifies the state.
Internal Character and Power Due to the State
States are internal when referring to the supreme governing power of the interests of the political community formed by a particular state.
Concept of Sovereignty
Inherent to the state since it is part of its nature and its own realities.