The State, Law, and Legitimacy
Sociability and Self-Interest
Authors like Thomas Hobbes and Sigmund Freud maintain that human beings are not social by nature but live in society for pure self-interest.
Sociability and Nature
On the other hand, according to authors such as Aristotle and Erich Fromm, human beings are incomplete by nature and, therefore, need others.
The State
A state is a type of political organization characterized by permanent and indisputable power in a specific territory.
Characteristics of a State
- Territorial Power: The power of the state extends to the whole territory within its borders.
- Sovereignty: At the state level, there is no instance higher than the state itself. The state is the supreme sovereign within its territory, possessing supreme authority.
- Maintenance of Order: This is perhaps the main function of the state. The state is obligated to protect its members from internal and external threats.
Is the State Necessary?
The Anarchist Perspective
Anarchists, like Mikhail Bakunin, argue that the state is unnecessary and even harmful. They view it as an instrument of the powerful to oppress the people, enabling a few to control the wealth of all.
The Case for the State
The majority of thinkers who have reflected on the state consider it necessary for two main reasons:
- Monopoly of Force: The state holds a monopoly on the legitimate use of force, enabling it to limit and control outbreaks of violence.
- Promotion of the Common Good: The state is uniquely positioned to promote the common good, as exemplified in the theories of Thomas Hobbes, John Locke, and Jean-Jacques Rousseau.
Types of States
Authoritarian State
An authoritarian state is characterized by unlimited authority, not subject to any form of control. This monopoly of authority prevents citizens from participating in state matters.
Absolutist State
In absolutist states, typically monarchies, the sovereign’s power is practically unlimited and unrestricted within their domain. Citizens have no say in choosing their rulers or legally opposing their orders.
Totalitarian State
Totalitarian states exert even more exhaustive control over all social and personal spheres. The state controls not only government institutions but also civil society and even the private lives of individuals.
State Based on the Rule of Law
In a state based on the rule of law, authority is subject to legal constraints. Political power must be exercised within the limits of the legal system, protecting individual rights from state abuses. Individuals are considered superior to state authority, as the state’s purpose is to protect their rights and freedoms.
Key Features of a State Governed by the Rule of Law
- Constitutional Supremacy: The constitution is the supreme law, regulating and structuring the functioning of the state.
- Separation of Powers: Power is divided among different branches of government (legislative, executive, and judicial) to prevent any one entity from accumulating too much power.
Social State Based on the Rule of Law
: This type of State is based on the conviction that the legal recognition of individual freedoms is indispensable, but insufficientin orderto make many of the individual freedoms effective, it is also necessary to ensure a minimum socialequality among citizens. Law: It is the set of principles and norms human relations in society are subjected to. Right: It is the faculty or ability of every human being to do what is allowedor to demand what is according to their dignityFocusing on law, we can introduce a new distinction between:a) Positive law: It is the system of rules established by a particular Statewhich is applicable or in force at a particular time and place. This is known as the legislation of a country. b)Natural law. It is a set of principles and rules that are universal and immutable. the principle of legality. This principle consists in being in conformity with the law both in therelations between the State and citizens, and in the relations among citizens. This principlebelongs to the field of positive law and, therefore, does not take into account the possible injusticeof the laws. Something is legal, simply, if it matches the current laws, although these laws mayseem unfair to us. Principle of legitimacy is often contrasted with the principle of legality.What is legal may not be legitimate, since what is legitimate is what coincides with justice andmorality. In a previous section, we have already talked about the legitimacy of state power; now thelegitimate State will try to ensure that what is legal is also fair.