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State, Society and Nation

State: State is a political institution. It is the greatest of all human associations. Nicole Machiavelli was
the first person to use the term “state” in his book.

Definitions for state from some political luminaries:-

Aristotle: State is a union of families and villages having for its end a perfect and self sufficing life by
which we mean a happy and honorable life.

Bluntschli- State is the politically organized national person of a definite country.

Laski- State is a territorial society divided into Government and subjects claiming within its allotted
physical area, a supremacy over other institutions.

Garner- The state is a community of persons more or less numerous, permanently occupying a definite
portion of territory. , independent of external control and organizing Government into which the great
body of inhabitants render habitual obedience.

Gettel- State is a community of persons permanently occupying a definite territory, legally independent
of external control, and possessing on organized government which creates and administers law over all
persons and groups within its jurisdiction. Abstractly considered, the State is juridical entity or person,
concretely considered, it is the community, the territory which it occupies and the Governmental
organization through which it wills and acts.

Salmond- State is an association of human beings established for the attainment of certain ends by
certain means, the ends being defense against external enemies and the maintenance of peaceable and
orderly relations within the community itself.

Characteristics of a state:-

Population
Territory
Government
Sovereignty
International Recognition

Population – There must be a sound number of families which can be considered to be the
representatives of the State. A group of 100 people or five or six families can’t compose a state. Plato in
his book “Laws” fixed the number of citizens for an ideal state to be 5040. Rousseau thought that 10,000
people would be an ideal number. There is no fixed parameter for the population. Aristotle says that, “A
good citizen makes a good state and a bad citizen a bad State”

Territory – People must live permanently in a territory to make it a state. Some thinkers like Seeley and
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Hall don’t accept territory to be a clause in forming a state. But all the modern thinkers accept this
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clause. Bluntschli says that, “The state has its personal basis in the land. The people do not become a
State until they have acquired territory”. Laski says, “The territories of a State are the regions over which
it can exercise sovereignty”.

Government – The State can’t exist without a Government. Government is the political organization
setup to direct, regulate and control men’s activities to enable them to live together harmoniously and
constructively and to solve their common problems more energetically and effectively. Government is
an agency of the state through which the will of State is formulated, expressed and realized. Garner
says, “Without government the population would be an incoherent, unorganized, anarchic mass with no
means of collective union.” The Government comprises of legislature, executive, judiciary and internal
bodies. Dictatorship is also a form of Government but it’s of a form which is criticized all over.

Sovereignty – This is the most important element of the State. Sovereignty is supremacy of the state. It
is a characteristic possessed by the State alone. Prof. Burghes says, “All comprehensiveness,
exclusiveness and permanence are the peculiar characteristics of the State with sovereignty as the most
essential principle.”

International Recognition – Some thinkers are of the view that the recognition of the state by other
countries as an essential element. The sovereignty can have due value only if it is internationally
recognized. Securing membership in the UNO is also a part of this clause. States like China and Israel
continued to act like States even when they weren’t recognized by other countries.

Differences between State and Government:-

State Government
The state consists of all the citizens. State is Government is a body of some citizens. It is
broader. narrower.
State has four essential elements namely, Government is one of the elements of the
population, territory, government and State. The State operates through
sovereignty. It is the whole. Government.
State is a permanent political institution. Government is not a permanent organization.
It is temporary and change. Elections and
revolutions can change Government.
Sovereignty is an essential attribute of the Government does not possess sovereignty. It
State. acts on behalf of the State.
State powers are original, unlimited, Government has only limited powers
fundamental and primary. delegated by the State
State is an abstract institution, we can’t see Government is concrete and definite. It has
the State. physical existence and establishment. The
machinery of Government with men and
material can be seen.
Loyalty of the citizen to the State is In a democracy, people have the right to
compulsory. criticize for its acts of omission and
commission.
State is the master because its purposes are Government is the servant of the State. It is
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served by the Government. It can place and regarded as the agency through which the
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replace the Governments. State works.


Differences between State and Association:-

State Association
State has fixed territory and its jurisdiction is Associations have no territorial limitations.
limited to that area only. They may be local, national and international.
State is sovereign. Association is not sovereign.
The citizen is member of only one State. One can be a member of any number of
associations.
The aim of State is general welfare of people. The association thinks of the welfare of its
own members i.e. it has a limited and definite
aim.
The State is an association of associations. There can be many associations in the State.
State exercises its authority through laws. Associations frame certain rules and
regulations.
The basic of State functioning is coercion and The basis of association is co-operation of
compulsion. members.

State and Society:-

For ancient Greeks these two terms had similar meanings. But sociologists differently defined society in
a different manner.

Thomas Hobbes – Society is a means for the protection of men against the consequences of their own
untrammeled natures.

Giddings – Society is the union itself, the organization, the sum of formal nations in which associating
individuals are found together.

Differences between State and Society:-

State Society
State is only a political association. It is part The scope of society is wider. It is an
and parcel of society. association of many associations.
State is artificial. It is the creation of will and Society is natural and instinctive to human
reason. However, it has become a compulsory beings.
institution.
State is territorial institution. It is limited to a Society is universal. Society doesn’t have
definite territory. territorial limitations.
State is a small part of the society and is Society is the whole web of social
concerned only with the political activity of relationship.
individual for social order.
State is a legal organization. It indicates Society is a social organization. It indicates
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political system. social system.


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State and Nation:-

Nations is understood as people who are united in a feeling of oneness. The word nation is derived from
the Latin word ‘natio’ meaning born.

Definitions for nation:-

Lord Bryce – Nation is a nationality which has organized itself into a political body either
independent or desiring to be independent.
Gilchrist – Nation is very near in meaning to State plus nationality.

Nationality is term which can be closely understood with nation. Lawleye says, “A nation is a group of
men united under the same sovereignty while nationality is a group of men united by identity of origin
and race. Nationality has been defined by many political thinkers in different ways.

Gettel: “Nationality is to denote a population having common bonds of race, language, religion, tradition
and history.”

Lord Bryce: “A nationality is a population held together by certain ties, as for example language and
literature, ideas, customs and traditions in such a way so as to feel itself a coherent unity distinct from
other population similarly held together by like ties of their own.”

Some characteristics of a nationality:-

Common race
Common religion
Common language
Common residence
Common historical traditions and culture
Common interests
Common political aspirations
Common government
Geographic unity

Differences between nation and State:-

State Nation
State is political. Nation is cultural.
State is objective and non spiritual. Nation signifies the consciousness of unity
prompted by psychological and spiritual
feelings and nationality is subjective.
A State must be a sovereign character. A nation may consist of people who do not
retain their sovereign character.
A State needs organization in the form of Nation doesn’t necessarily need a
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government and sovereignty. government.


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Genesis of theory - Origin and Theories of Evolution:-

Divine Origin Theory


Natural Theory
Force Theory
Patriarchal Theory
Matriarchal Theory
Social Contract Theory

Divine Origin Theory:-

State is the creation of God just as God has created human beings on earth.
The king was the Divine authority delegated by God to rule.
This theory was used to serve divergent ends. It was used to justify the argument of people that the
king has a divine mission. This opinion was used to justify the tyranny and absolute authority many a
times.
People that time considered State to be a divine institution.
Gettel says, “During a large part of human history, the State was viewed as a direct divine creation
and its Government was theocratic in nature.”

Criticism of the theory:-

This theory is used to justify the despotic rule and is against democracy.
It is not suitable to the modern democratic States where people elect the rulers.
It is not progressive as it doesn’t give right to the people to change the ruler.
There is no historical evidence to prove that the State is created by the divine power.
It is a religious theory and hasn’t got any logical backing.

Natural Theory:-

State is the natural instinct of man as per the natural theory of State.
Aristotle has said that man is a social animal and the instinct of sociability in man gives birth to
State.
In modern times the theory has been turned into utilitarian theory and is hardly accepted by
anyone.

Force Theory:-

State has come into being by due influence of physical coercion or compulsion or war.
Leacock says, “Historically it means that government is the outcome of human aggression that the
beginning of State is to be sought in the capture and enslavement of man by man in the conquest
and subjugation of feeble tribes, and generally speaking, in the self seeking domination acquired by
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superior physical force.”


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Bluntschli says that, “Force is an essential element of the organization of State.”


Criticism :- (Look for more points)

Force theory definitely gives a reason for the emergence of State but it can’t be called a reason in all
sorts. Kinship, religion, property and political consciousness are some of the other factors.
Unified power of the citizens of the state can’t be dominated for a long time. It has got a very feeble
possibility that people hadn’t revolted against such sort of aristocracy.

Genetic Theory:-

Genetic Theory says that the State is a product of natural expansion of family. Now it can be easily
understood that there can be two forms in which the genesis is possible.

Patriarchal Theory
Matriarchal Theory

Patriarchal Theory:-

The idea of patriarchal theory has been given by Aristotle who said that the State began with the most
natural group, namely, the family with father as the head. Henry Maine is the strongest supporter of this
theory. Father is considered to be the head of normal families and henceforth patriarchal theory gets a
good base. The system of this form of family can be easily seen in Aryans, Romans, Greeks and Hebrews.

Criticism:-

This theory is criticized by Morgan, Jenks, MacIver and several others.


Herbert Spencer has criticized this theory claiming that this theory can’t be accepted as a final
solution for the origin of Government as societies were originally organized as matriarchal.
Jenks has got the concept that the way Patriarchal theory talks about the evolution the model is
completely the reverse of that. He considers the tribe to be the earliest and primary and family the
second.

Matriarchal Theory:-

MacLennan, Morgan and Edward Jenks were the foremost thinkers to discuss this theory. As per this
theory, State hasn’t originated in the family, but in the Horde. Horde was an unorganized tribe in which
sexual relations without any matrimonial intentions were common. On course of time the Horde left this
practice and followed the way of group marriages and gradually they practiced polyandry. This
institution of polyandry led to the establishment of matriarchal family. In this form the generations was
seen through mothers’ lineage.

This theory considers tribes to be the earliest form of society. Kinship is traced through females in this
system. Marriage relationships are considered to be transient.

Maine has criticized this theory citing the small number of females to support this theory.
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Social Contract Theory:-

This theory emerged as a reaction against the Divine Origin of State Theory.
Sophists in Greece were the first to devise this theory.
Lawyers like Cicero, Marigold and Old Testament support this theory.
Richard Hooker is considered to be the first modern writer for giving a logical analysis to the theory
of social contract.
This theory though got prominence in the writings of Thomas Hobbes, John Locke and Rousseau. It
was supported by Grotius, Milton etc.
This theory says that State is not a growth, but a make; it is not made by God, but deliberately and
voluntarily created by man.
This theory holds that men of the pre political society got together and agreed upon a contract
establishing the State. It establishes that the State is man’s deliberate creation to serve its needs.
Idea of social contract divides the phase into two parts: state of nature which was the life of people
before the State came into existence and second is the creation of the State as a result of the
contract entered by the people who earlier live in the state of nature.
There are three elements in the social contract theory, state of nature, contract or covenant and
civil society.
The main exponents of this theory are Hobbes, Locke and Rousseau.

Nature of social contract:-

Hobbes, Locke and Rousseau differ on the nature of contract though they agree on the theme that men
made a contract and established a State and led a richer, fuller and happier life.

Hobbes is of the opinion that there was only one contract with which both State and Government came
into existence and people conferred their own rights upon the king.

As per Locke, there were two contracts. The first contract called, social contract, was made by people
themselves. By this they established a civil society i.e. State. The second contract was called
Governmental contract or Political Contract. It was made between the people and the ruler. By this they
established the Government.

To Rousseau, there was one contract made by the people. By this, they established a civil society i.e.
State.
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Sovereign or Supreme Power:-

People entered into a contract with nature. They surrendered their rights to the sovereign and in return
got liberty, security and order. Here again Locke, Hobbes and Rousseau differ.

Hobbes believes sovereignty is indivisible, inalienable and absolute. People had completely surrendered
their rights to a sovereign. His will was law and, law was his command. He called for absolute monarchy.

Locke pleads for a limited Government or Constitutional monarchy. Community is considered to be the
sovereign and Government is only a trust or a fiduciary agency. If it violates the contract, people have
the right to rebel against it and change it.

For Rousseau, general will is sovereign. His sovereign is responsible and also despotic. He pleads for
direct democracy and popular sovereignty.

Hobbes Theory for Social Contract:-

This theory considers of a time which was pre-political, pre-social and pre-cultural.
The society was very self-centered. Selfishness, enviousness etc. prevailed in the society which was
leading to clash of interests and thus leading to insecurity.
Thus people authorized a sovereign under a social contract according to which all the powers were
surrendered to the sovereign.
The foresight of people about the devastative consequences led to the social contract.
Sovereign wasn’t a party to the contract and thus no withdrawal of powers was possible.
Hobbes hasn’t provided the exact form of the sovereign in this theory. He hasn’t explained whether
the sovereign was Government or a monarch.
Criticisms for Hobbes theory:-
Hobbes has considered just one part of the human nature and neglected the good part, thus it can’t
be termed as an absolute and exact inference.
State and Government couldn’t be distinguished.
Liberty of individuals hasn’t been considered.

Locke’s Theory for Social Contract:-


Locke gave a complete replica to the theories of Hobbes as far as the human nature is concerned.
Hobbes had criticized the human nature those days because of the clash of interests and insecurity
while Locke has appreciated and presented the good view of human nature.
He regarded the Human nature to be peaceful, humane, sympathetic, friendly and moralistic and
said that, “Divine spark rests with all human beings.”
The coming up of the theory had the reason of vanishing of the peace and tranquility from the state.
They wanted to protect their natural rights.
The aim behind the contract was mutual preservation.
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Democratic Government has been considered as sovereign in this theory.


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Criticism:-
State of nature is unrealistic.
He talks about the physical aspect of law and not the moral aspect.
Consent of people has been provided as the only basis of State, while force was also a definite factor
which led to the emergence of State.
Political sovereignty has been recognized by Locke but ignored legal sovereignty.

Rousseau Theory of Social Contract:-


Self preservation and love the second was the aim.
Humans were noble salvage, sinless. They were independent, self sufficient and contended. Humans
were very happy in the condition they were.
Thinking of thine and mine emerged because of soaring population and concept of separate
property and agriculture came up which remained the main cause.
They made the contract to protect and defend.
Considered sovereign to be general will.

Criticism:-
Taking general will into note Rousseau has messed up with the concept of general will. At one side
he has said that general will is the will of each and every single citizen on the other hand he has also
said that general will if denied by somebody that person will be compelled to accept that, this makes
the concept dubious.
His views about the state of nature seem purely imaginary without any historical evidence.
A distinction between State and society hasn’t been made.

Criticism for Social Contract Overall:-

From historical point of view, the Social Contract theory is not acceptable. History doesn’t give even
single evidence which could indicate that there was a stable society.
The theory is illogical and baseless. How can people who had no knowledge of political organization
suddenly think about State and form one?
The theory is dangerous because it leads to anarchy.
The relation between individual and State is not by contract but by birth.
Rights are always followed by duties but, the theory contains rights without duties and obligations.
Contract among individuals does not create public rights as the contract primarily gives the personal
benefit.

Importance or value of the Social Contract Theory:-


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It emphasized that State is a human institution and not divine.


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It helped in discouraging despotic rule of irresponsible monarchs.


It laid the foundation of democracy and the growth of democratic ideas.
It inspired to rebel people against cruel monarchs.
This theory paved the way for the theory of separation of powers.
The theory of Social Contract has helped the development of the modern concept of sovereignty.

Evolutionary Theory or Historical Theory:-

It is the most widely accepted theory.


This theory says that State is the result of continuous evolution i.e. a gradual process of social
development.
Aristotle has said that State came into being to fulfill the basic necessities of life and remained to
exist for his good sake.
Kinship, Religion, War on force, property, economic factors and political consciousness all are
termed to be the reasons some or the other way for evolutionary theory.

© Copyright 2010- Vatsal Kishore

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