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Moral Justification Of The State Interference With Rights And Liberties Of The Citizens
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However, for the purpose of actualizing the objectives of this essay,
it becomes necessary to discuss the four common theories relevant to the
theme.
a. Theory of the Divine Origin:- This is the school of
thought that has it that the state came into being as a result of divine
creation. It must have been as punishment of mankind. Medical period
this theory reigned supreme, they believed that the state has been
established by the ordinance of God, its have been established by an
ordinance of God, Its rules are divinely appointed; they are accountable
to no authority but God. Thus we are told in the bible.
Let every
soul be subject into the higher powers, for there is no power but God.
Whosoever therefore resisted the power resisted the ordinance of God and
they that resist shall receive to themselves damnation3.
From the
above biblical extract, it is clear that a king being the head of a
state can never be monstrously vicious even if a king is wicked, it
means God has sent him as a punishment for people’s sin’s and has laid
upon them, granting the above views to be true, it is clear that the
actions of the state to the individuals are justify, they are not
regarded as interference because of the fact that all the government
activities.
b. The Force Theory:- In its simplest form this theory
may be stated thus; War begat the king. The state is the result of the
subjugation of the weaker by the stronger. It is the belief that the
state came into being as a result of conquest or coercion. Hume gave an
expression to this similar idea of this theory. That the first ascendant
of one man over multitudes began during a state of war, where the
superiority of courage and of genius discoveries itself most visibly
where the pernicious effects of disorder are most sensibly felt. The
long continuance of that state, an incident common among savage tribes,
incurred the people to submission4.
A state is founded when
a leader with his band of warriors get permanent control of a definite
territory of a considerable size.
Historically speaking
there is not the slightest difficulty in proving that all political
communities of the modern types are their existence to successful
warfare5.
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