The concept of the state appears as the central theme of traditional political theory and the theory of state and law (TGP). In modern science, its significance is ambiguous. It is noteworthy that although from ancient times there were some political organizations, such as the Greek city-states and the Roman Empire, the concept of “state” as such is relatively modern. Machiavelli designated him as a force that has power over man. This was an important idea because it describes the very nature of this concept. According to Weber, a well-known German sociologist, the state is a human community that successfully claims a monopoly on the legal use of physical force in a given territory.
Definition
The state is a political organization of a society or a political body, or, more narrowly, institutions of power. It is a form of association of people that differs from other social groups in its purpose, in establishing order and security; its methods, laws and their application; its territory, area of jurisdiction or geographical boundaries; and finally, its sovereignty. In a broad sense, the state consists of an agreement of individuals on means of resolving disputes in the form of laws. In countries such as the United States, Australia, Nigeria, Mexico, and Brazil, the term “state” (or equivalent) also refers to political units that are not sovereign but subordinate to the authority of a larger state or federal union.
It should be borne in mind that the concept and features (TGP) that characterize it determine the essence of the state.
Semantic problem
Etymologically, the term is abstract, it refers to what is fixed or established. Consequently, the etymological connotation does not correspond to the meaning of the word as a term of political science. Unfortunately, like many other words commonly used in the literature on political science and jurisprudence, various meanings are assigned to it. Thus, it is often used as a synonym for nation, society, country, government, etc. The term is very often used also to express the idea of collective action of a society through government. For example, when talking about government, regulation, assistance, etc., in fact, this concept is used to refer to the government.
Again, in some countries with a federal system of government, for example, in the United States of America (and in the German Empire 1871-1918), this term is used to mean both the federation as a whole and its constituent members. Similarly, the use of the terms “state” and “government,” as if the two things were identical, led to the same confusion and often misunderstanding. In fact, they are completely different concepts, and the true understanding of some of the most fundamental issues of political science depends on the recognition of the differences between them.
Given the definition of its concept and characteristics (TGP), the state is a politically organized “person” or entity to advance common goals and meet common needs, while the government is the collective name of the agency, magistracy or organization through which the will of the state is formulated, expressed and understood. The government is the most important body or agency of the state, but it is nothing more than the state itself, as the board of directors of a corporation is itself a corporation.
In political science, the word "state" means a community or society, politically organized, having one independent government, operating within a certain territory, which is not subject to any external control. There can be no community without the people who form it, and a common life without a specific territory on which to live. When people live a collective life, they understand the meaning of Aristotle’s famous phrase that a person is a social animal, and when they live a settled life in a certain territory in order to realize the goal of a collective life, they fulfill the meaning of Aristotle’s second famous phrase: “Man is a political animal ". People are bound by the rules of general behavior, and their violation is accompanied by punishment. This is the state.
Modern concepts
In the twentieth century, state concepts, concepts and signs (TGPs) ranged from anarchism, in which it was considered unnecessary and even harmful in the sense that it was governed by some form of coercion, to the political system of general welfare, where the government was considered responsible for the survival of members guaranteeing food to those who lack it.
After the destruction caused by world wars, theories of internationalism appeared, similar to the theories of Hans Kelsen and Oscar Ichaso. Kelsen put forward the idea of the state as simply a centralized rule of law, no more sovereign than the individual, in the sense that it cannot be determined only by its own existence and experience. This should be seen in the context of its interaction with the rest of the world. Ichazo proposed a new type of state, where the universal qualities of all people served as the basis for unification, in which the whole society would function as a single organism.
Signs of the State (TGP)
They represent a number of characteristics on the basis of which a given political entity differs from a simple community.
Among them are:
- public authority using the apparatus of control and coercion;
- established territorial organization;
- state sovereignty;
- unified state system and treasury;
- monopoly on social violence;
- attributes of power and state symbols.
In addition to this, some refinements can be made.
In particular, the concept, signs and models of the social state (TGP), which has special characteristics and functions, such as:
- democratic organization of power;
- high moral standards of citizens;
- significant economic potential;
- socially oriented economy;
- legal basis of the state;
- social orientation of politics;
- the desire to establish the common good, the establishment of social justice;
- social legislation, etc.
They act as characteristic conditions for its development.
You can also define several models. Liberal - based on an individual principle, the personal responsibility of each; corporate - the basis is the responsibility of enterprises and organizations (corporations); and based on shared responsibility.
Thus, all of the above is a brief outline of the concepts and signs of the state (TGP).
Interaction with society
Society determines human communication. The state solves the problem created by such communication. Thus, it is a form of association with some special characteristics, in particular, its territorial connection. It is entrusted with the obligation to maintain those living conditions for which the state arose and for which it continues to exist. Therefore, it is a natural, necessary and universal institution. Its existence comes from the reality of human nature. This is necessary because, according to Aristotle, the state arises from the most urgent needs of life and continues to exist for a good life.
A person needs him in order to satisfy his diverse needs and to be what he wants to be. Without the state, he cannot rise to the level of personality. In fact, in the absence of such controlling and regulating power, society cannot be united, which will inevitably lead to disorder and anarchy. What food means to the human body, the state means to man. Both are necessary for its existence and development. The state existed always and everywhere where a person lived and organized a society.
Empirical and legal meaning
This term itself can be viewed from both points of view. Thus, the state can be either de facto or de jure, or both. Empirically (de facto), a subject is a state if, as in Max Weber's definition, it is this organization that has a “monopoly on legal violence” in a certain territory. It imposes its own legal order on the territory, even if it is not legally recognized as a state by others (for example, the Transdniestrian Moldavian Republic or Somaliland).
Legally (de jure), an entity is a state in international law if it is recognized as such by others, even if it actually does not have a monopoly on the lawful use of force in the territory. Only a legal entity officially recognized by the state can enter into various international agreements and be represented in various legal forums.
Power structure
Its independent unit is the state bodies. They can be defined as the functioning part of the general mechanism of power that implements common tasks and functions in the framework of their inherent powers. They also distinguish, based on the concept of "state bodies" (TGP), signs and types.
The first include:
- legally organizational and economically determined nature;
- own structure;
- the presence of authority;
- authority in a particular area of society;
- certain state functions and tasks;
- the right to issue legal acts;
- availability of a base of relevant regulatory legal acts.
State bodies may be primary and derivative; higher, central and local; general or special competence; collegial or sole; legislative, executive, judicial or supervisory; permanent or temporary.
Thus, their type is determined immediately by several characteristics. These provisions are the basis in the definition of the concept and signs of state bodies (TGP).
Responsibilities
More generally, everyone agrees that the state’s duty is to contribute to the greatest happiness of the greatest number of people. It is an organization that promotes the public good as much as possible. And, trying to achieve this goal, governments are striving to make themselves more visible, especially when planning economic life. Moreover, these actions have signs of state functions (TGP).
Its main responsibility is to create an atmosphere of security in which a person can develop himself. However, it would be wrong to limit the idea of the modern state only to its activities aimed at maintaining the rule of law. It must find the proper balance between the freedom of everyone and the freedom of all. The state is not responsible only for the safety and lives of its citizens. It is also responsible for their economic security. It is not enough that legal justice is ensured only by the activities of the courts, and the state provides the means of its enforcement. It must do what the courts cannot provide, in accordance with its laws and administrative acts.
Appointment
Considering the concept and signs of the state (TGP), it should be noted that the state should ensure social justice among its citizens. It must restore balance where it has been violated by privilege or as a result of unfair competition. It can never achieve complete equality, because it contradicts the laws of nature: people are unequal in their capabilities and abilities, but it can eliminate inequality when it prevents each citizen from fully realizing the results of the development of his own personality. It has long been said that too much wealth on the one hand and too much poverty on the other does great damage to the state. Even Plato in his laws did not allow any citizen to possess a fortune more than four times that of the poorest citizen.
The state is the main source of all inequalities. It does not make a person wiser or smarter and does not endow him with qualities that he does not possess. But in the struggle for existence, it provides the advantage of some over others, depending on their abilities and capabilities.
The welfare state must eliminate inequality. But the simple abolition of inequality and privileges is a negative aspect of it. Its positive side is the provision of social protection for every citizen who has the right to a certain standard of living. He can get it just by doing nothing. He must be ready to work, and he really has the right to work. All work is necessary for the well-being of society, and in whatever role a person works, he fulfills his obligations to him.
In addition to the administration of justice and the protection of life and property, one of the duties of the state, based on the concept and characteristics of the state (TGP), is to monitor the social and economic conditions in which a person is forced to live, and so that they are such that could develop his abilities, make the most of what nature endowed him with. It is obliged to execute contracts, but it may also be obliged to prescribe the conditions under which contracts in certain cases will be valid and have the right to state protection, especially when one of the contracting parties is really not free.
Also, based on the concept and main features of the state (TGP), the provision follows that it should regulate or control the behavior of industries that are natural monopolies. In addition, his duties may include removing the business from the hands of private individuals and using it as a means of protecting society from inefficient services. The state must preserve for society the obvious advantages of industrial competition, and if free competition becomes impossible, it must intervene and protect society from the evils of the private monopoly.
Its function in the field of education raises an important problem. This part of society’s life is of great importance, and it is his responsibility to ensure that the necessary conditions are created, and that every citizen receives everything that he needs.
Concept and signs of state function (TGP)
This concept defines the characteristics of what and how it should do. Under the functions of the state understand the main directions of its activities, which determine such aspects as its content and social-class nature. With their help, it achieves its goals and objectives, which, in turn, determine various internal and external factors.
Functions are a reflection of the activities carried out by the state. They can also be considered as a characteristic of its development, during which the appearance of new, previously unknown.
In the specialized literature there is no single concept of state functions (TGP), and the signs, for their part, are a general representation. Among them are the following.
- The functions of the state are complex. They cannot be equated with an activity or its individual aspects.
- Their character, content and purpose cannot be socially neutral. They are a reflection of the social-class nature and content of the state.
- The determining factor is the type, social-class nature, nature and purpose of the state.
- Its functions are not identical for the bodies and organizations representing it. State ones relate to all activities as a whole, and those that relate to individual bodies relate only to individual parts.
Separately, we can distinguish the concept of the rule of law (TGP), the signs of which are defined as follows:
- the rule of law throughout its territory;
- the principle of separation of powers is respected;
- the presence of mutual responsibility of the individual and the state;
- the rule of law;
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