Types and Theories of State: A Comprehensive Guide
Sociability and the State
a) Sociability and Self-Interest
Thomas Hobbes maintained that human beings are not social by nature, but rather live in society for pure self-interest. According to this view, our nature does not lead us to live in society, but rather to guarantee our survival. Proponents of this perspective argue that humans are not predisposed to mingle and cooperate with others. On the contrary, they are selfish beings who perceive others as possible rivals or instruments to satisfy their own interests.
b) Sociability and Nature
According to Aristotle, human beings are incomplete by nature and, therefore, need others. Life in society is the state in which humans can fulfill themselves by developing all their abilities. Thus, living in a community is an essential necessity of the human being, not a limitation to their impulses.
Main Characteristics of the Modern State
a) Territorial Power
The power of the State extends to the whole territory that delimits its borders. Within this territory, nothing and no one escapes its power, and all are automatically subjected to its rules.
b) Sovereignty
The State is the supreme sovereign within its territory, because it has supreme authority. Other associations or institutions within that community are subordinated to it and have to function within what the State authorizes. Otherwise, they can be sanctioned or canceled.
c) Maintaining Order
This is the main function of the State. The State has an obligation to protect its members from internal and external threats. Thus, internally, it must enforce the law to avoid conflicts and ensure stability and social peace. Externally, it must protect its citizens from foreign attacks.
Is the State Necessary?
(1) The State is Not Necessary
This position is defended by the political movement of anarchism. Mikhail Bakunin, a prominent anarchist, considered the State to be the instrument of the powerful to oppress the people. He argued that the State is used to perpetuate the injustices of a ruling class which is willing to provoke wars, hunger, abuses, and all kinds of privations on the majority in order to maintain their privileges. Anarchism is based on the idea that the human being is good by nature, so in a free and egalitarian community, the State would no longer be necessary.
(2) The State is Necessary
This position has been adopted by many thinkers. They argue that the State is essential for two reasons:
1. Monopoly on Force: The State, having a monopoly on force, is the only entity that can make legitimate use of it. The State is necessary to limit outbreaks of violence and rivalry that are as natural to human beings as cooperation. Thus, the State presents itself as the only one capable of preventing these tensions and conflicts that put social stability at risk.
2. Promotion of the Common Good: The State is also necessary because it is the only instance that promotes the common good. Individual subjects and the various associations that make up civil society are so preoccupied with achieving their own goals that they make indispensable an institution that transcends those particular interests. The construction of public infrastructures, common defense, and the protection of the environment are objectives that make the existence of the State necessary.
2.2. Types of State
a) Authoritarian State
This type of state is characterized by the fact that its authority is unlimited and, therefore, it is not subjected to any kind of control. The authoritarian State does not recognize any type of organism that can legitimately criticize, oppose, or control it. As a result, there are no judicial organizations independent of the rulers, and individuals are defenceless against any abuse of authority, since they have no effective legal means to defend their rights.
Two types of authoritarian States can be distinguished:
• Absolutist State
This form of state is characteristic of the beginning of the Modern Ages. In these monarchies, the power of the sovereign is practically unlimited and 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
This is the most extreme type of authoritarian State, where there is even more exhaustive control of all social and personal spheres. In these dictatorships, the State also controls those institutions that are not state-owned, such as civil society and even the private lives of individuals.
b) State Based on the Rule of Law (Estado de Derecho)
Unlike what happens in the authoritarian State, in this type of State, authority is subject to the “rule of law.” Political power is exercised within the limits of the legal system. This means that the people who hold state positions and intervene directly in the decisions of the State cannot do whatever they want, but have to make their decisions within the framework of the law. The objective is to protect individual rights against abuses that may be committed by the State. In a State based on the rule of law, individuals are considered even superior to state authority, since the State makes sense only insofar as it contributes to the protection of the rights and freedoms of these individuals. In the exercise of this function, the State assumes the monopoly of violence to avoid that, through coercion or force, any individual or group may endanger those rights. Two key features of any State governed by the rule of law are:
• The Constitution
This is the most important law that regulates and structures the running of a State based on the rule of law. It is a document that establishes the general rules, institutions, and procedures for the exercise of power. The Constitution is, in short, a text that includes the fundamental principles on which the State is based, as well as the fundamental rights and freedoms of its citizens.
• The Separation of Powers
This is another mechanism that guarantees the existence of a just State. The French philosopher Montesquieu introduced the idea that, to avoid abuses, power itself should limit its own power. In order to achieve this goal, the three types of power that the State possesses (legislative, executive, and judicial) should be separated and entrusted to different bodies.
