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Moral Justification Of The State Interference With Rights And Liberties Of The Citizens
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DEFINITION AND ORIGIN OF THE STATE
1. DEFINITION OF STATE
The
question of what really is a state has never been an easy one because
the state has been conceived of in different ways and varying
perspectives. Some people have conceived of the state through its
function aims.
The state is seen as a people living in a given
territory under one law with a single governmental system extending to
all of them and to no one else, are the members of a state, but the
state as an institution does not embrace all roles in which they are but
only political or legal roles.
Though this definition is too
specific because it makes it categorically clear that the state can only
plays political or legal roles and it will not be taken seriously
within the ambits of this essay. In any case, to gasp or capture the
basic aim of this essay, a brother analysis of the definition of the
state is required; hence it becomes necessary to employ the two concepts
of a state highlighted above.
2. STATE CONCEIVED OF IN TERMS OF FUNCTION
Every
state irrespective of its population size and economic potentials
strives to promote peaceful relations among its people as well as its
outside relationship with other foreign state. Based on that conception
of the state, it is agreed that it is the duty of the state to promote
the greatest happiness for the greatest number of people. The state is
an institution set up to promote social good on the largest possible
scale. And in attempting to achieve this purpose, the tendency is for
government to make themselves more and more conspicuous especially by
the planning of economic life. The state aims first at ensuring the
protection of integrity of the territory from foreign aggression and the
personal security of the individuals. To achieve this goal the state
defines and punished crimes. Administer justice, maintain the police and
fighting forces and conducts of civil disobedience these activities of
state are refers to by liberalists as interference.
The
state protects the right to private property, together with the right to
the free transference of properly to fulfil contracts freely entered
into political rights and duties is also another basic function they
have to perform, the state determined the political rights and duties of
citizens, passes laws to regulate voting and gives directives on other
voting procedures.
From the above conceptual analysis of
the state, it becomes imperative to note that modern state is a social
service state, a positive state as compared to the role of the citizens,
to uphold social standards to prevent exploitation and manifest
justices to remove the needles hazards of economic struggle and to
assure and advance the general interest against carelessness or
selfishness of particular groups.
Granting the function of a
state and many other which the state still exercises power on. It is
also important to consider the state from the conception of
characteristics and nature.
CHARACTERISTIC OF A STATE
According to
this view, there are certain basic characteristics that are common to
all either jointly or singularly designate them as state, much
characteristics and nature includes. :
Territory: - There must be a
given territory and this is the basic characteristics, a group of people
has to be necessary like within a given territory boundary to be
regarded as a state not minding whether the group is homogeneous. The
territory must be defined and endorsed with all the resources like air,
space, minerals, technology, climate and geography.
Population:- It must have a definable number of population with distinct characteristics features.
iii.
Government: the state must have a government, a body of people charged
with the responsibility of controlling the state machinery of power with
all institutions.
iv. Constitution: - Moreover, a state must here
the ability to wield power with absolute jurisdiction within the given
territory and these powers are enshrined in the codified laws called
constitution. People come together to regulate their progress among
themselves and to achieve this goes a constitution is promulgated. A
constitution is an agreed fundamental principle written legal or extra
on which a particular state operates.
v. Legitimacy: - With this
characteristics, a state makes itself accepted to the people and its
polices and decision are binding within that territory. The state both
civilian and military tries to legitimate their coming by the ills of
the past government.
1.2 ORIGIN OF THE STATE.
The
origin of the state poses a problem in political philosophy because it
lacks the elements of history and anthropological works. Among the first
question which political theories raised are. What are the causes that
brought the original establishment of modern states?
There are various theories concerning the beginning of the state
a. The divine right theory
b. The force theory
c. The evolutionary theory
e. The social contract theory
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