Understanding State: Legal Theories, Elements, and Human Factors
State: Legal Theories and Political Integration
This document examines the legal theories that can be used to study real conditions from a legal standpoint, relating to the political state and the figures of the right, which seek to match. This is how legal theories were developed to explain the nature of political integration.
The State as a Subject or Settlement
There are three possible ways to design an entity to the State:
- The first is considered as an object, such as an establishment.
- Considering the state as the object requires an internal separation of two elements that exist in the state: rulers and ruled.
- Since the subject requires the existence of that to which it refers, then the dominated are the subject of authority.
Thomist Doctrine: Nature of the State
- Efficient cause: The nature of man by social destitution, like a live partner.
- Material cause: The human community that arises naturally by the association of men.
- Formal cause: The authority necessary so there is in human communities to impose an order that keeps them together and oriented.
- Final result: It is the theological orientation of the political community, its reason for being specified: the common good.
The formal cause, the sovereign power or authority, is another essential note of the State. The common good can only be achieved through submission to a legal order.
Concept of the State
The concept is the intellectual expression of knowledge.
Developing the Concept of State
Adolfo Posada, through the generalization of facts, by induction, takes the events that occurred in the development of world history. Based on them, as a basis for induction, he compares the various states that existed and exist. Another way for thinkers who are not based on real data about events is in a form beforehand.
Concept and Idea of the State
As Bluntschili asserts, the notion or concept of state is determined by the nature and character of real states through the examination of the actual states that have existed over a period of history. What notion or concept means the state is simply the knowledge of a particular historical type of state.
Types of State
As Jellinek believes, the basis for the formulation of a concept of state is not only the observation and comparison of empirical or specific states occurring in historical development. The state, built on the basis of observation in real states, is called the empirical type. Posada develops its own doctrine, the actual with the harmonization of the rational.
The State as a Concept
In the Broadest Sense
In a broad sense, it is the state of being or way of being politically constructed in a human community. The relationships you have with each other are of a political nature.
Concept of State: Social
The state is a human creation; relations will be a variety of men. On the basis of the state, we find men who govern and those who obey.
Different Approaches to Unification
Observe and unify these relations referring to time and space.
- Unification under the cause.
- Homogeneous and heterogeneous populations.
- Formal unification: the state is a complex entity.
- Unification in relation to the purpose or teleological unification: the same purpose or object that can serve as a criterion to pursue unifying a set of facts and variables taken in isolation, are different.
State Elements: An Ontological Examination
Elements Prior to the State
According to Dabin, there are two elements considered prior to the state:
- A certain number of men living in a defined territory.
- The human element is the basis of the state.
- The territory: the space in which men live in political groupings to form the state.
Constituent Elements or State Determinants
These are so-called because at present they determine or constitute the existence of the state. These notes or parts are the signs:
- A political power that is sovereign.
- A legal order created by the sovereign power to structure society politically and govern its operation.
- A purpose or teleology specifies the combinations of state rulers and solidarity for the common public good time.
The Human Element
Study of Man
The specific characteristic of man is his personality. William James distinguishes between character and personality and sorts them as follows:
- Individual material: Comprising the body and the material self.
- Social person: Social self, is formed precisely by the acts of men connected with their peers.
- Spiritual person: The spiritual, by the act: psychological and intellectual.
Aspects of the Human Person
There are three fundamental aspects:
- Psychological aspect: To describe and explain immediate realities that make up the human person, we will study the scientific method.
- Metaphysical aspect: Through the latest description and explanation of the same realities that make up the human person is by studying the philosophical method.
- Moral aspect: Knowledge will achieve the same through the explanation of moral problems is by studying the philosophical method using the inductive in its two directions (from the particular to general) and deductive (part of what is general to specific).