Changing Notions of State
Changing Notions of State
Changing Notions of State
Dr. Avinash Samal Assistant Professor Hidayatullah National Law University Raipur, Chhattisgarh
Ethical State
Plato & Aristotle Emphasis on ethics & Philosophy State - first and foremost condition of virtuous life It is the highest form of moral order A supreme, all powerful, all comprehensive and allembracing institution It inculcates humanity in the being and hence human beings existence without state is not possible It regards the state as an end in itself Self-perfection and self-fulfillment can only be achieved through the state Moral, intellectual & material development can only be possible through the instrumentality of state
Cont.
The concept of Ideal State - In his 'Republic, Plato argued that the state should train men in a life of virtue. The end of the state, according to Aristotle, is good life for the citizens. State as an ethical institution creates conditions for the fullest development of human personality - Modern idealists like Rousseau, Kant, Hegel, Green and Gandhi have accepted this The state exists to promote social and moral good on the largest possible scale. A good citizen is possible in a good state and perfect state cannot be conceived where wrong ethical principles prevail. Laws are obeyed with greater readiness if they are based on the moral ideas of the community.
Legal State
Roman empire emerged by merging the tiny city-states of the Greek world establishing: Unity, uniform law and order, strong administration, and a despotic political system While absence of unity was the weakness of Greek city-states, it was considered the strength of Roman empire Greece had developed democracy without unity, whereas Rome secured unity without democracy - Gettell Romans taught the world that a large state might be stable and successfully governed Rome three stages of development
Like Greek counterparts - city states Republic An Empire
The first two stages were replaced by the third stage by the close of the 1st Century BC
Cont
Successful Commanders like Marius, Caesar, Augustus etc. established despotic empires with concentration of authority, uniformity of law, sovereign organization, limited participation of citizens in public affairs Nursed ideals like unity, order, law, discipline, strength etc. Establishment of a universal code of law most important contribution Taught the world that large states are much better and can provide stability, peace, order and good government Liberty of citizens sacrificed for the sake of stable political system
Cont
This gave birth to legal notion of state State was viewed as highest law making power Laws had universal character Political problems of Romans were administrative and legal rather than ethical Gave birth to Roman Law which is the basis of most of the legal systems of world even today Philosophers like Polybius and Cicero concentrated on the art of governing and lawmaking
Cont
The Roman Empire lasted about 500 years with all its cruelty and despotism Class structure masters and slaves Roman empire became very weak in 4th century corruption of officials, dictatorial regimes of emperors, slave unrest, lack of liberty, equality and the advent of Christianity Emperor Constantine made a compromise with Christianity by declaring it a state religion leading to the establishment of Church-State
Church-State
There was mass unrest in the public against the dictatorial regimes of Roman emperors and they were faced with unprecedented crisis from within and without Christianity became very popular for its progressive ideas It raised its voice against injustice and exploitation Roman Emperors tried to crush Christianity In the verge of decline, Roman emperors forged an alliance with Christianity Assimilated Christianity and turned this potential enemy into an ally an act of highest statesmanship on the part of the state
Cont
Partnership between church and the state helped establish peace and order in the society for sometime Partnership between the cross and the Eagle brought gain and loss to both Lipson After the partnership, the progressive Church became a citadel of reaction, anti-progress and anti-people Becoming and integral part of the established order, the church ceased to be a victim of persecution and was able henceforth to do persecuting. Roman Empire could save itself from inner dangers but failed to face the external aggression In the fifth century, Teutonic people (Barbarians) attacked Roman Empire and destroyed it by establishing smaller kingdoms This led to the emergence of a feudal system
Feudal System
Instead of centralized authority of the Roman Empire, many political authorities emerged and unity was replaced by diversity Society was divided into feudal lords and Serfs Political authority rested with the landlords and individuals relationship with land determined his rights and duties The hierarchy of political authority was built on the basis of ownership of land Supreme lord tenants in-chief tenants serfs The supreme lord (King) had indirect authority over the people and it was divided amongst the local feudal lords The authority was decentralized
Cont
As the Church was serving the interest of the ruling classes indirectly, it became popular among them and they adopted Christianity Started interfering on matters such as collection of taxes and maintenance of law and order Church power went on increasing and it began to claim superiority over kings and princes and virtually became the sate King should be under the power of the Church St. Augustine
Cont
Entry of Church into politics and, consequently, the bitter conflict between the two became the fundamental political issue of the age State was crushed between two forces Church and Feudalism Masses were exploited and were in slumber hoping for salvation in the next world
Totalitarian State
Emergence of Fascism State must have absolute powers and the individuals cannot be allowed any rights against the state State can do no wrong and hence it cannot be opposed by any individual, group or association of the society Philosophers like Hegel and dictators like Mussolini and Hitler supported this view of the state
Pluralist State
This notion of state gained currency because of views of the supporters of pluralist concept of sovereignty Decentralization of political power and opposition to absolute sovereignty of state State merely an association in society and in no way superior to other associations performing their functions Laski and MacIver
Regulatory State
Crisis in welfare state Failure of state to manage everything Withdrawal of state from many sector Outsourcing and contracting out of services earlier performed by the state Entry of private players and State competing with them as one of the players Need for independent and impartial regulation