Human sociability

Sociability and self interest: Sigmund Freud the human is not a social being by nature, but we live in society by pure self interest. we life in society not to fulfil us, bur to guarantee survival-. the human being is not predisposed to cooperate with other but to fight against others.

Sociability and nature:  Aristotle The human being is incomplete by nature and need of others. living in community is essential for humans.

State: is a political organisation that have the sovereign power over a territory which is exercised  by administrations and which have the monopoly of the use of force.


It has a territorial power: over all its territory on it nothing and no one escapes from its power. anyone in the territory is under the rules it.

It is sovereign: it has the supreme authority. the state authorizes to the organizations in it when to act.

it is in charge of maintaining the order: The state has the obligation to defend its members. internally and externally.

The state is not necessary: by a political movement (anarchism). Anarchists, like 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. Anarchism is based on the idea that the human being is good by nature, so in a free community the social solidarity would be imposed as the fundamental rule.

The state is necessary for two reasons: 1) to limit the violence that may occur because human is aggressive by nature and the state is the only one capable to preventing conflicts. 2) promotes the common good while individuals and associations are occupied on reaching its own goals. for example by constructing infrastructures

a) Authoritarian State The authoritarian State is characterized by the fact that its authority is unlimited any kind of control this monopoly of authority is reflected in the impossibility of citizens to intervene in state matters individuals are defenceless against any abuse of authority

Absolutist State. the power of the sovereign is practically unlimited and it is not subjected to restrictions of any kind within the borders of his domain. Those who hold power are not chosen by the citizens,

Totalitarian State. in totalitarian States there is an even more exhaustive control of all social and personal spheres. the state controls all.

b) State based on the rule of law

Political power, therefore, cannot be exercised arbitrarily, but it must be exercised within the limits of the legal system. This means that people who hold the state positions cannot do what they want. individuals are considered even superior to the state the State makes the protection of individuals rights and freedoms.

Two features: The Constitution is the most important law that regulates and structures the running of a State a text that includes the fundamental principles on which the State is based, as well as the fundamental rights and freedoms, both individual and collective, that must be protected The separation of powers is another mechanism that guarantees the existence of a fair State. Montesquieu we can avoid the concentration and abuse of power.

c) Social State based on the rule of law the legal recognition of individual freedoms is indispensable, but insufficient. it must not only adjust to law, but the State must also correct the deficiencies and inequalities generated by the system itself.

Derecho objetivo (law). It is the set of principles and norms to which human relations in society are subjected. It is a code broad enough to address all aspects that can arise in every personal or social interaction.

Derecho subjetivo (right). It is the faculty or ability of every human being to do what is allowed or to demand what is according to their dignity. Human rights are a clear example.

Positive law (Derecho positivo). It is the system of rules established by a particular State which is applicable or in force at a particular time and place.

Natural law (Derecho natural). It is a set of principles and rules that are universal and immutable. Positive law must adapt to it because natural law establishes not what is legal, but what is fair.

principle of legality: consists in being in conformity with the law belongs to the field of positive law does not take into account the possible injustice of the laws these laws may seem unfair to us. it prevents unequal treatment of persons

principle of legitimacy: What is legal may not be legitimate what is legitimate is what coincides with justice and morality.

a) Legal iusnaturalism: defends the existence of natural rights of the individual that are universal and inalienable. the main function of the State is to protect and ensure that individuals can enjoy these natural rights.human rights exist and are owned by individuals regardless of whether or not they are recognised by positive law, that is, by the written laws that have validity in a given State. 


b) Legal positivism: positivist thinkers consider that the so-called “natural rights” are no more than a set of social norms founded on certain collective opinions and sentiments which, although they may influence law, they are not part of law. Those “natural rights” will be authentic rights only when they were promulgated by a State through mandates that impose duties and imply sanctions.

c) Legal realism: Legal realism is opposed both The formal recognition of certain fundamental rights is not the end of the process development of real conditions in order to protect these rights. These effective conditions are those that make possible the legitimacy of Positive law. Legal realists think that the problem of fairness and legitimacy of a particular legal system must be sought in the economic and social conditions which allow the real and effective enjoyment of some fundamental rights by citizens.

4.1. The liberal model a liberal State defends -Civil liberties- Market freedom and social freedom in general. Adam Smith linked both its political and its economic dimension his work The Wealth of Nations, Adam Smith defends that the State’s main purpose is to ensure the

economic growth protecting trade, facilitating economic exchanges protecting private property and enforcing laws. So, Smith defended the non-intervention of the State in the free market because the welfare and wealth of a society depend on these three factors: 1) The individual egoism the consumer is willing to pay the minimum and the producer wants to win the maximum they reach a fair agreement for both parties 2) The law of supply and demand 3) The division and mechanization of the productive process production costs fall the products can be sold cheaper or provide greater profits.

The free market regulates itself without the intervention of the State in order to achieve the greatest benefits for the whole society.

Friedrich Hayek an illegitimate interference of public power in the private sphere Milton Friedman, a society that prioritises equality instead of freedom will end up without the former and without the latter, because the use of force to impose equality will destroy freedom. Robert Nozick argued that the State should reduce its functions to those of a “nightwatchman” (“Nightwatchman-State”). The role of the State must be limited to the protection of individual rights, without the possibility of modifying them any intervention of the State in the economic benefits of citizens is morally unacceptable and an  attack against individual freedom

This text talks about the the reasons  that justify the types of domination by the state

The text argue about that the existence of state is based on a relationship of dominance of men over men and shows the 3 theories that explain why this relationship of domination is keeped.

The first one is based on the custom and acceptance by all of the respect that must be given to those people we consider above us, for example our parents. This is what is considered “traditional”.

The second one is based on personal charisma or confidence in the superior capacity of certain people. This is the case of political leaders, warriors or prophets.

The last one is based on the term “legality”, considering that laws and other norms are necessary and that they have been created rationally. As an example we have the case of the obedience of a law because it is considered good or reasonable

Finally, the author says that in reality it is obeyed for fear, hope and other reasons. But the reasons for the legitimacy of obedience are these 3 types.