The Nature and Character of the state

The Nature and Character
of the State

THE NATURE

accidency
substance
essen
ce

DEFINITION FROM ONE
PERSPECTIVE
• SOCIOLOGICAL
– Aristoteles  bond of families to achieve good life
– Harold J. Laski  society which is in integrated by
possessing a coercive authority legally supreme
over any individual.
– Max Weber  Human society that claim monopoly
of the legitimate use of physical force within a
given territory.
– Logeman  organization of power

– Jean Bodin  All Families with their property lead
by a souvereign ruler.

DEFINITION FROM ONE
PERSPECTIVE
• Organic
– Plato  a body that always evolute.
– Kranenburg  organization made up by
the will of nation

DEFINITION FROM ONE
PERSPECTIVE
• Juridical
– Mac Iver  Association acting through law
as promulgated by a government
endowed to this end with coercive power.
– Roger H. Soltou  an agency or authority
to rule or control common affair on behalf
of the community.
– Hans Kelsen  A juristic person, an

association of law. Order and community
constituted by the legal order.

• State in Formal Sense  Power
• State in Materiel Sense  bond of life.

ETIMOLOGY
• Staat, State, E’tat, Lo stato, estado,
stado
• Status  statum
To Make stand up, put in place.
Nagara, nagari  kota
Daulah, dala-yadulu-daulah rotate,
alternate, take turns, or occur
periodically.

Zweiseiten theorie
• State from inside: social Organization
• State from outside: law organization,
juristic person.

Dreiseiten Theorie
• State as idea
• State as social institution
• State as law institution

CHARACTER OF THE STATE
• Coercive
• Monopolized
• All-encompassing, all-embracing.