Concepts of State and Government
STATE is a community of persons more or less numerous permanently occupying a definite portion of territory, having a government of their own to which the great body of inhabitants render obedience, and enjoying freedom from external control.
Elements of State. The modern state has four essential elements.
1. People. This refers to mass of population living within the state. Without people, there can be no functionaries to govern and no subject to be governed.
2. Territory. It includes not only the land over which the jurisdiction of the state extends, but also the rivers and the lakes therein, a certain area which abuts upon its coasts and the air space above it.
3. Government. It refers to the agency through which the will of the state is formulated, expressed and carried out. It refers to the person or aggregate of those persons in whose hands are placed for the time being the function of political control
4. Sovereignty. It is the supreme power of the state to command and enforce obedience to its will from people within its jurisdiction and corollary, to have freedom from foreign control.
a. Internal, or the power of the state to rule within its territory
b. External, or the freedom of the state to carry outs its activities without subjection or control by other states.
Origins of State
1. Divine Right Theory. It holds that the state is of divine creation and the ruler is ordained by God to govern the people.
2. Necessity or Force Theory. It maintains that States must have been created through force, by some great warriors who imposed their will upon the weak.
3. Paternalistic Theory. It attributes the origin of States to the enlargement of the family which remained under the authority of the father or mother. By natural stages, the family grew into a clan, then developed into a tribe which broadened into a nation and the nation became a state.
4. Social
Elements of State. The modern state has four essential elements.
1. People. This refers to mass of population living within the state. Without people, there can be no functionaries to govern and no subject to be governed.
2. Territory. It includes not only the land over which the jurisdiction of the state extends, but also the rivers and the lakes therein, a certain area which abuts upon its coasts and the air space above it.
3. Government. It refers to the agency through which the will of the state is formulated, expressed and carried out. It refers to the person or aggregate of those persons in whose hands are placed for the time being the function of political control
4. Sovereignty. It is the supreme power of the state to command and enforce obedience to its will from people within its jurisdiction and corollary, to have freedom from foreign control.
a. Internal, or the power of the state to rule within its territory
b. External, or the freedom of the state to carry outs its activities without subjection or control by other states.
Origins of State
1. Divine Right Theory. It holds that the state is of divine creation and the ruler is ordained by God to govern the people.
2. Necessity or Force Theory. It maintains that States must have been created through force, by some great warriors who imposed their will upon the weak.
3. Paternalistic Theory. It attributes the origin of States to the enlargement of the family which remained under the authority of the father or mother. By natural stages, the family grew into a clan, then developed into a tribe which broadened into a nation and the nation became a state.
4. Social