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death.
Even if the king be wicked, the subject has no right to rebel against
him. To rebel against the king is to rebel against God Himself, for the king
is God's chosen vass:
To quote the forcible words of James I: "Kings are justly called gods
they exercise a manner of resemblance of divine power upon carth: 'As
it is atheism and blasphemy to dispute what God can do, so it is presump
tion and high contempt in a subject to dispute what a king cannot do or to
say that a king cannot do this or that. "Kings are breathing images of God
upon earth.'
The salient features of the doctrine of the Divine Right of Kings
are
ceived its death blow at the hands of Grotius, Hobbes, and Locke. Yet ine
pivine Origin Theory had certain
values, some of which are stuggestive
(1) At a time when man was
emerging from semi-civilized conditios
and was not accustomed to
obedience to a secular authority or to a sel
imposed law, the
imposed the doctrine of the Divine origin of the State must have becn a
DOwerful factor in preserving order. It was a bulwark against anarchy and did
much to strengthen the respect of man for person, and
ment.
property, goveTn
(2) It may be interpreted to mean that the instinct for order and
cipline is deep-seated in man and that it reveals itself in political organiza
tion.
(a) Historical
(1) The most obvious criticism that suggests itself to one is that the
theory has no basis in fact. To assume that primitive men came together at
some particular time and established a political society by means of a con
tract is to read history backwards. The idea too advanced for primitive man.
No one has vet been able to give a single instance of a State coming into
being as the 1esult of a deliberate and voluntary agreement between indivi.
duals emerging fron a state of nature.
(2) There have been historical examples of governmental or political
contracts, but such contracts are contracts among people already living in
the civil state. They do not by any means explain the historical origin of
the State. They only define the rights and duties ol the rulers and sub-
jects. Governmental contract is a lact; social contract is a fiction.
(3) The theory assumes that primitive man was much of an indivi.
dualist. It assurnes that he was a free man who could enter into voluntary
agreements with other free men. This is not what research into early times
shows. Early law was more communal than individual. The individual was
of litle importance. The family was the unit. Property was held in common.
Law took the form of customs. The individual had his prescribed place in
society. In these circumstances the free contracting of individuals with one
another, in so important a mater as the institution of the State. is an absiur
dity.
(b) Legal
(1) Even if we assume for the sake of agrument that primitive man
had advanced far enough in his social consciousness to enter into a contrac
the fact remains that such a contract has no legal binding force wlhatever. *
all subsequent contracts based upon it are equally invalid, and the rights
derived from it have no legal foundation.
(8) A contract has binding effect upon only those who accept it vou
arily. But the social contract is supposed to bind generations of men who
ta
haye had no say in the matter at all.
(c) Philosophical:
Philosophical objections to the Social Contract Theory are even more
important than the historical and legal objections. As said already, several
of the contract supporters admit that the contract notion is only a historical
hiction and yet they use it in order to convey certain philosophical principles.
The objections are-
(1) The theory assumes that the relation between the individual and
the State is a voluntary one. This is a position which will not stand careful
scrutiny. We are members of a state in the same way in which we are mem-
bers of a family. The State is not an artiicial creation of man. Membership
in it is not voluntary. If the State were a voluntary organization like a com-
or firm, the individual would be at liberty to enter it or leave it at
pany
will. The obligations of the citizen to the State are not contractual at all. To
use the oftquoted and striking words of Edmund Burke: The State ought
not to be considered as better than a partnership agreement in a
nothing
trade of pepper and coffee, calico or tobacco, or some other such low con
and to be dissolved by
cern, to be taken up for a little temporary interest,
the fancy of the parties" If the State is a partnership at all, it is a partner
Green aptly remarks: The real faw in the theory of conträct is not that it
is unhistorical, but that it implies the possibility of rights and obligations
independently of society. According to any sound view of rights, the basis
ot nghts is social recognition, ie., the part ot
recognition on
society of a
common good of which the individual good is an intrinsic part
III. Elements of Truth in the Theory. Although as a theory
the origin of the State or the right relations between man and man
explaining
in
society, the Social Contract Theory is defective and finds no support today,
it contains certain elements of truth. If we are to understand
the theorv
properly, as it was elaborated in the seventeenth and
eighteenth centuries
especially, we should know the practical aim which
impelled its adherents
to enunciate it,
namely, give
to a more satistactory and human explanation
of the fact of
political authority
and the duty of obedience rather than ex.
planations based upon divine fiat. In the
place of the Divine Right Theory
which called upon
subjects to render unquestioning obedience to the 'powers
that be', the Social Contract
Theory laid down the fundamental truth that
obedience rested upon the consent of the
had no right to act governed and that the sovereign
arbitrarily. working out this truth, the Social
In
Theory served as the basis for modern democracy. It Contract
tance of the
incividual, the possibility of emphasized 'the impor.
by direct human effort, and the fact that molifying political institutions
at least
ultimate politjcal anthority lies,
potentially, in the people (24:85)
3. The Force Theory
According to this theory, the State is the result
force; it
originates in the subjugation of the weaker of superior physical
natural to
suppose that in primitive times the by the stronger. lt is
strength was able to overawe his man of
fellowmen exceptional
and to exercise some physical
authority over them. The same is kind of
clans in their probably true also of
superior tribes and
relatiouships to other tribes and clans. On the basis of this
supposition. advocates of the force
into bcing through pl1ysical theory contend that all States have
come
cocrcion
Stale, Oppenheimer,compulsion.
or
In his book The
theory, traces the origin of the who is a keen advocate of this
State through various stages. Jenks, who s
another prominent
that there is not supporter of the theory, in his
History
dificulty in proving that all of Politics, holds
the
ities of the modern slightest
ding to this theory, it type owe their
cxistence to successful
political commu-
begets the State. Advocateswarfare.
is war that
argue that what Accor
they regard to he of the theory
society-military fundamental features of modern
tion between allegiance and territorial political
the war chieí character-are based the
under the and bis followers and on on rela
authority of a single ruler
different races. conquest which bring"
people of different countries and
1.
Voltaire's aphorism is The first king wan a fantu
THE ORGIN OF 77
THE STATE
factors.
Like the Divine Origin and the Social Contract theories, this
theory
advocated both as an explanation of the historical origin of the State and
is
a Tational justification of the State ta
be; and like them, also, it is
tive o both counts. In 1s practical form, it reduces itself to the position
delec
that government 1s the outcome of human aggression. Such a view is iouna
the earlier
in the earlier works of Herbert Spencer where he says, 'Government is the
offspring of evil, bearing about it the marks of its parentage. We admit that
force must have been an important factor in the evolution of' the State,
hut to regard it as the one and only factor is a clear mistake. Several other
factors must have entered into the composition of early political societies.
The State must have grown as much by voluntary amalgamation as by force
and conquest. Atter conquest the State must have grown more as a result
of conciliation and agreement than as a result of coercion. The force theory
minimizes the element of co-operation and other such peaceful agencies
which must have played an important part in the. evolution of the
State.
Force is an essential element of the State both for internal unity and
for security against external attack. Without the element of force, the State
would become a prey of disruptive factors and would soon cease to be. But
force alone cannot account for the historical origin of the State or for its
continuance in modern times.(Might without right can at best be only tem-
porary. might with right is a permanent basis for the State (28:79)
used
The Foice Theory, like the Social Contract Theory, has been
is the out-
for a variety of purposes. Some have argued that since the State
come of force, people should obey it absolutely.
Such a position seems alto-
out clearly, (67: Bk. 1, Ch. 1),
gether illogical. As Rousseau has pointed
based upon might lasts
the right of the strongest is no right at all. Right
what kind of right is that which perishes
only as long as might lasts. But
Force is a physical power....
when force fails? To quote Rousseau again,
not of will-at the most, an act
To yield to force is an act of necessity,
well as the socialists, have also employed
of prudence.' The individualists, as
doctrine. The individualist
the Force Theory to support their respective
is the result of superior strength, so within
argument is that just as the State
race should go to
the swiftest. This means unrestricted com-
SOciety itself the
individual efforts. The socialists attack this
petition and unlimited scope for
individualism means an improper use of force
argument on the ground that
and that the State, by means of
its superior force, should check the exploi-
and mete out justice to the work
tation of the weaker by the stronger
ers.
Marx, wrote:
"Without foree and iron ruthlesa
Engels, the colleague of in
is achieved history.
ness nothing
78 POLITICAL THBORY
relationship', and 'mother rule'. It is the latter of these two views which
not
seems more reasonable, according to which the mother does not rule herself
but the right to rule on the part of a male is
traced through the mother
or the eldest female descendant.
standing (5:29). It was at a later stage that 'mother right' gave place
the patriarchal to
society 'through the adoption of settled pastoral and agri.
cultural habits in place of the purely wandering or hunting life of
tive men (5:4) primi.
Criticism of the Theory. (1) Although examples can be. found of the
Polyandrous type of
society in various parts of the world, there i5 no proof
that it was universal or necessary to the beginning of society.
(2) Other forces and elements besides
patriarchal and matriarchal rela
tionship must have entered into the
process of political
tion. organiza
(3) Both the
patriarchal and matriarchal theories undertake to perform
too big a task.
They seek to enquire into the beginning of human society,
Centuries must separate the most archaic
ourselves from the actual
society which we can picture to
origin mankind.
of
(4) Botlh theories are more
sociological than political. They seek to
explain the origin of the family raeher than that of the
State. The nature
of the
family and that of the State are different in
essence,
functions and purpose. organization,
The conclusion to which we are led
with regard to both the
summed up in the words ofpatriarchal
and matriarchal
theories,
No single form of the
can best be
Leacock:
primitive family
matriarchal relationship, and there a o group can be asserted.'
Here the
been the rule either of
which
patriarchal regime, is found to have
deed one has to admit the may perhaps be displaced by the other.
fact that there is no such In-
of human thing
society. All that can be asserted is that in course
as a
"beginning
gamic family tended to become the dominant of time the mono-
form,
it has not
altogether supplanted other forms of though even until today
organization.
THE HISTORICAL OR EVOLUTIONARY
OF THE STATE
THEORY
5. The Evolutionary
Theory: Factors in State
Over against the above five Building
theories which are
in character, more or less speculative
is advanced the Historical or
nishes a correct
explanation of the origin of Evolutionary
State is a historical the State.
theory which fur
growth
the result of a
or According to it, the
tinuous
development.
It cannot be gradual evolution. It is a con-
As Burgess referred back to
puts it: 'It is the gradual any single point of time.
ciples of the human nature. It is futile to realization...
. of the universal prin
will explain the seek to discover just ane cause wtich
origin of all States. The State must have come into existence
owing to a variety of causes, some
operating
places. Whatever it is, the State is not the in one place and
some in other
more than deliberate creation of man any
have taken a
language is a conscious
invention. Political consciousness must
very long time to
grown along with the develop and the
primitive State must have
development
of this
consciousress.
THB ORIOIN OP THB 81
STATB
More prohtable than speculation, which seeka to reduce to a ingle
cory the origin of all States, is enquiry into the factors which have gne
the
into the
into building of the early State. As seen already, the State have must
isen from various causes and under varying conditions. Its emergence is
arisen
almost imperceptible. The chief actors which have infuenced its forma
tion are:
I. Kinship,
II. Religion, and
II. Political consciousnes.
I. Kinship. There can be little doubt that social organization had its
origin in kinship. Bloocd relationship, either real assumed, was
or mostthe
important bond of union. It knit together cdans and tribes and gave them
unity and cohesion. But kin-relationship by itself could not have led to the
formation of the State. People had to develop a common consciousness, com
mon interest and common purpose. Kin-relationship must with great dit-
quley have given place to social relationship. "Kinship', says Maclver, 'creates
society and society at length creates the State (55:33)'.
The earliest kinship to be recognized was probably through the mother
rather than the father. Man must have been a hunter and wanderer. Poly
andry and transient marriage relationships must have been common. Yet
mothers and children must have stuck, closely together primarily for the
As autho
sake of the security of children and because of economic necessity.
dominance of groups largely
rity developed organization grew, men gained
the establishment
through physical superiority. Other factors which went to
wild animals, increased
of such a patriarchal society were the domestication of
and the institu-
wealth. contiol of property, pursuit of pastoral industry,
wealth was probably the most
tion of slavery. Of these factors, control of
and disposed of in an
important. Property had to be possessed securely
social dominance of the male.
orderly manner. This meant the increasing males.
Patriarchal society was organized on the basis of kinship through
as a form of property. Wives
Women came to be regarded more and more
became
had to be sought outside one's own group. Marriage relationships
more permanent and polygamy
became ocommon. The Patriarch or the House
lives and persons of his descendants
Father had complete control over. the
to the eldest male descen-
in the male line. When he died, authority passed
to contitue the male line was wide
dant. The practice of adoption in order
did not go on growing and developing
spread. This patriarchal community
several patriarchal groups, all re-
till it became a nation. It broke up into
to the original group. The
heads of these
cognizing some form of allegiance councii of elders
assisting the Patriarch,
gToups or clans probably formed
a
and this chieltain combined mili.
who later became the tribal chieftain,
The rulers or chieís were more con
tary, judicial and religious authority.
CErned with the privileges and powers
of the dominant few tban with the
and cohesion.
as Those outside were
enemies. regardea a
angers
Patriarchal religion,
says Jenks, was
almost universally ancestor-wors
ances
83
THE ORIOIN OF THE TATR
in
have believed
he cult
of Patriarchal man must
deceased ancestots.
i t continua! eexistence of his ancestor, because he conti to see
him in his
ral
the
m H e offered him sactihces and worship and he adhered to all an
d r e a m s .
Thus, offering
edents lest
he should in any way offend the deccased.
characteristic feature of patriarchal religion. The patriar
prorh
a
t h e d e a d became
edead ony. Patri
chalmeal gradually
came to occupy the pface of a religious ceremony.
rigidly enforced all members of the group.
hal religion was
ar
on
ture of private property that tends to emerge withiu the communal sy»
when the social forces of
sem
production
uction have developed a beyond
As Engels says:
tain level. As Engels "A civilised
says: "All with owie
peoples begin common
ship of the land. Wilh all peoples who have passed a certain primitive stage,
in the course ot the development of agriculture this common ownersp
hecomes a fetter on production." (196:154).
In the Asiatir commune individual property is an immediate par
communal property, and should, therefore, he described as posession rather
than private property. In the Greek or Roman ommune, private pro
perty is definitely established, and the individual breaks some of his ties with
the community. t s social base is no longer the countryside but the city, as
markedly from both the Asiatic and the Graeco-Roman forms. Here the
s
member of the commune does not share as such in communal property,
in the Asiatic form,
nor is he
simultaneously a private proprietor and inte
restholder in the communal property, as in the Greek and Roman forms.
who
The commune exists solely through the assembly of its members
are separate and autonomous landholders. In Asia there is an undileren
In Greece
tiated union between town and country with emphasis on rusticity.
with em
and Rome the city with its rural enclave is the economic totality
dwel-
urbanism. In the Germanic world the individual family
phasis on
in forest surroundings, is economically
ling, his rura' home almost isolated more or less like an Asiatic commune
self-suficient. The Slav commune was
commune in a limited development
of prjvate
but it resembled the Greek
property.
and Serfdom
Emergence of Slavery
as a result of the rise ol
The dissolution of the primitive communes
the State has from Engels in his essay, The Origin of the Family, Prt-
come
ate Property and the State. While Maclver and other liberal writers em
phasize that the state emerged due to certain changes in man's consciousness,
Engels gives primary importance to material factors such as próduction and
as the priests o
reproduction. The desire for domination in one group such
the warriors and the desire for protection in another group such as peasants
and craftsmen created the condition for the rise of State. This is the general
offered liberal writers
by Maclver for the origin of the
including
explanation
state. Fngels, however, puts forward a different point of view: "According
to the materialistic conception, the determining
factor in history is, in the
immediate life. But this
last resort, the production and reproduction of
of the
itself is of a twofold character. On the one hand, the production
means of subsistence, of food, clothing and shelter and the tools requisite,
of human beings themselves, the
therefore; on the other, the production
institutions under which men of a
propagation of the species. The social
live are conditioned by
definite historical epoch 'and of a definite country
of development of labour,on the
both kinds of production: by the stage
on the other. The less
the development of
one hand, and of the family,
the
volume of production and, therefore,
labour, and the more limited its
does the social order appear
wealth of society, the more preponderatingly
sex. However, within
this structure of society
to be dominated by ties of
of labour power and others, and
based on ties of sex, the productivity
class antagonisms: new social
elements, which strive in
thereby the basis of
the old structure of society to the
new
the course of generations to adapt
of the two leads to a complete
conditions, until, fnally, the incompatibility asunder in the col-
The old society based on sex groups bursts
revolution. new society appeats,
ksion of the newly developed social classes; its placea
in
but
units of which are no longer sex groups
constituted in a state, the lower dominated
which the family syslem is entirely
teritorial groups, a society in and das strug
system, and in which the class antagonisms
by the property written history, now freely
make the content of all hitherto
Bles, which up
develop." (146:156). transformation from
new dimension to social
Thus Engels introduces a certain pres
order bascd on sex equality and a
primitive matriarchal social
political order based on subordi.
tige for the female sex into patriarchal
a
perty the woman is now placed in the absolute power of her husband.
he beats her or even kills her, he is merely exercising his right. LIke
emergence of private property, slavery and serfdom, the cnslavement o
women under patriarchy was also a factor in the rise of the state. The state
was par excellence a patriarchal institution. As Engels says, the state guarat
teed that the wife remained the first domestic servant, pushed out of partic
pation in public production and civic and political life. In the modern
and
family, according to Engels again, the husband was the bourgeois
wife represented the proletariat.
Essence ot State
and
state." (239:120). The Marxist theory of the origin
makes the following important
points: the state divides
n contradistinction to the old gentile organization
were destroyed and
to territorv, The bonds of kinship
s subjects according duties wherever they
Citizens were allowed to exercise their public
rights and
was accompanied
This transformation
SETTled irrespective of gens and tribe.
by long and arduous struggles. which
establishment of a public power no
2. The second point is the armed force. A
as an
coincided with the population organizing itself
onger become impossible because
had
self-acting armed organization of the people with
have trusted the slaves
ot class divisions. The slave-owners could not
ring classes reach a balance so that the state temporarily becomes indepen-
dent of both. lt acquires the character of a parasite, such was the absolute
monarchy of the seventeenth and eighteenth centuries which held the balance
between the nobility and the bourgeois class. The French Empires under
Napoleon I and still more under Napoleon III and the German Empire
Napoleon
under Bismarck played off the bourgeoisie and the proletariat against eacn
other.
8. .In most of the historical states, the rights of citizens are apportioned
according to their status and class expressing the fact that the state 1 a
ot the class for das.
organisation possssing ruling over the non-possessing
It was so already in the Athenian and Roman classification aecording to pro
in the was
perty. It was o medieval feudal state, in which political power
granted in with the amount of land owned. It is found in the
conformity
electoral qualifications based on property in the modern representative
state.
9. Yet this political recognition of property qualifications is by no ncans
absolutely necessary. On the contrary, it marks a low stage of the develop
ment of state and politics. The highest form of the state is the democratic
which recognizes no distinctions. In it wealth exercises
republic, property
its power indirectly, but all the more surely. This may be done by corrup
ting the bureaucracy or through an alliance between governmment and Stock
Exchange. Under universal sufrage, the proletariat either forms a tail of
the capitalist class or sets up its own revolutionary party and utilizes elec
tions to spread çlass consciousness.
10. The state has not existed from all eternity. There were societjes
which had no conception of state or state power. The proletariat, after the
socialist revolution, will establish a transitional state known as dictatorship
of the proletariat. At this stage, the existence of classes and class divisions
may bécome a positive obstacle to further development of the forces of pro
duction. The classes will, then fall as inevitably as they arose at an earlier
stage. Along with them, the state will also decdine and disappear. Under
the fiaal phase of communism based on a classless society, the state will
not be needed i.e. it will wither away.
In the words of aleading exponent of this democratuc pluralist view, Robert Dah1,
here is a political system in which "all the active and
legitimate groups in the popula
tion canmake themselves heard at some crucial
stage in the process of decision
(188: 137). This view of the state now dominates "political science and
political
sociology and.. political life itself, in all..capitalist countries" (236:5).