State vs Society

Happy M.Kayuni
BA(Pub Adm) Mlw, BPA(Hons), MPA Stell

Department of Political and Administrative Studies

PAS 122: INTRODUCTION TO POLITICAL SCIENCE

 State vs. Society
• The term state has been used to refer to various
concepts such as society, nation, government
& other associations.
• State & society may be regarded as different in
the following areas:
State vs. Society (cont’d)
1-Society is prior to the state
• Society came into being much earlier than the state.
Family & community are the oldest social
 institutions; however, authority associated with
the state came much later.
2-State is just part of society-
• Society implies our relations of different kinds such
as religious, cultural, social, economic and the state
(political) relations is just part of it. State relations
has limited purpose which is maintenance of peace,
order & security
State vs. Society (cont’d)
3- Perform different functions- society
performs a multiplicity of functions in order to
meet multiple needs of people: intellectual,
 moral, cultural, economic etc. State
makes & enforce a legal order for peace,
security & honor.
4-The attribute of sovereignty- state has
attribute of sovereignty: may coerce & compel
others by the use of force. Society has no such
force but moral persuasion through customs &
traditions
State & Govt.
1-State is bigger entity including all citizens of a
country but govt. is a smaller unit that covers
 only those employed to perform its
functions.
2-State is an abstract idea but govt has its
existence in a concrete form.
3-The power of state is original & primary but
the authority of govt is delegated & unoriginal.
4-The state is a permanent institution (unless
invaded by another state) while govts come
and go.
 State & Govt. (cont’d)
5-States are not of different kinds but govts are
of different kinds such as monarchy,
democracy, dictatorship etc
6-Membership of state is compulsory while
membership to govt is optional
7-The govt is an agency for the fulfillment of the
purposes of the state. Pple may have
grievances against govt but not state.
 Functions of the state:
Constitutional functions
1. Keeping of order & providing for protection of person &
property from violence & robbery
2. Fixing of the legal relations between man his wife & parents
& children
3. Regulation of holding, transmission and interchange of
property
4. Determination of contract rights between individuals
5. Definition & punishment of crime
6. Administration of justice in civil cases
7. Dissemination of political duties, privileges & relations of its
citizens
8. Dealing of state with foreign powers, preservation of state
from external danger
 Functions of the state:
Ministrant functions
1. Regulation of trade & industry including coinage of money,
establishment of weights & stds, tariffs & even navigation
laws
2. Regulation of labour
3. Maintenance of thoroughfares including mgt of railways &
other internal improvements
4. Maintenance of postal & telecommunication systems
5. Manufacture & distribution of gas & maintenance of water
works
6. Sanitation, including medical relief & public health
7. Education
8. Care of the poor & the incapable
9. Care & cultivation of forests (environment)
 10. Prohibition laws

Role of state- Heywood

• There are several disagreements on the role
of the state. In relation to the role of the state
different forms of state have been developed:
1. Minimal state
2. Developmental state
3. Social-democratic state
4. Collectivized state
5. Totalitarian state
 Minimal States
• The main aim is to ensure that individuals
enjoy the widest possible realm of freedom
• The state is only a protective body, its core
function being to provide a framework of
peace & social order within which citizens can
conduct their lives as they think best.
• John Locke provided an example of a state as a
‘night watchman’- only called upon when
there was a threat.
• The role of state is therefore:
 Minimal States (cont’d)
1. Maintain domestic order
2. Ensure that contracts or voluntary agreements made
btwn private citizens are enforced
3. Provide protection against external attack
Economic, social, cultural, moral & other
responsibilities belong to the individual and are
therefore part of civil society.
In modern political debate the New Right emphasize the
“rolling back” of the state. State intervention is
regarded as the “dead hand” that reduces
competition, efficiency & productivity.
 Developmental state
• A developmental state is one that intervenes in
economic life with the specific purpose of promoting
industrial growth & economic development.
• It doesn’t replace the market but create a strong
partnership with major economic interests.
• Emphasis is placed on maintenance of close
relationship btwn state and major economic interests
such as big business & organized labour.
• The state develops strategies for national prosperity
Social-democratic states
• Developmental states intervene in order to promote economic
progress. Social-democrats intervene so as to bring about
 broader social restructuring according to the principles
of fairness, equality and social justice.
• The state is seen as a means of enlarging liberty and promoting
justice.
• The state is an active participant helping in particular to rectify
the imbalances & injustices of a market economy. It tends to
focus less upon the generation of wealth & more upon what is
seen as the equitable or just distribution of wealth: attempt to
eradicate poverty & reduce social inequality.
• The adoption of welfare policies has led to the emergence of
so-called welfare states.

Collectivized states
• Developmental & social-democratic states intervene
in the private economy while collectivized states
bring the entire economic life under state control.
 • Private enterprise is abolished & set up
centrally planned economies administered by a
network of ministries & planning communities.
• They are also refereed to as command economies.
• The main reason for this collectivization is socialist
preference for common ownership over private
property.
•
Totalitarian states
• Totalitarian state is the most extreme & extensive
form of interventionism. It is an all embracing state &
its influence penetrates every aspect of human
existence.
 • The state brings not only the economy but
education, culture, religion & family life under
direct state control e.g. Hitler & Stalin’s govts.
• There is comprehensive process of surveillance,
terroristic policing and a system of ideological
manipulation & control.
• Civil society and private sphere is completely
removed.
Summary
• Originally, the state has been playing the role of
welfare state but from 1980s there has been a call for
rolling back the state through policies such as
 deregulation, privatization & introduction of
market reforms in the public services.
• Due to globalization, societies have become more
fluid and complex hence old hierarchical state
institutions have not been reliable in governing. New
ways had to be devised that rely more on networks
and the market. Govt/state is not directly involved in
provision of services but relies on networks and
markets: ‘REINVENTION OF GOVT”. There
has been a shift from government to governance.
Governance is concerned with an enabling &
regulating role.
2-Nation, nationality & nationalism
 Defn of nation
• It comes from the latin word ‘nasci’ meaning
‘to be born’. Or ‘natio’ – common birth.
• It is difficult to defn nation because it has both
subjective and objective features.
• Nation signifies the existence of a common
political consciousness associated with
intimacy & dignity related to a definite home
country.
Defn of nation
Can be defined in three ways:
 • Culturally- a group of people bound
together by a common language, religion,
history and traditions.
• Politically- a group of people who regard
themselves as a natural political community
• Psychologically- a group of people
distinguished by a shared loyalty or affection
in the form of patriotism
Nationality, nationalism
• Nationality- nationality is a sentiment of
oneness that unites the people of a particular
 kind & thus differentiates them from
others who do not share similar feelings
& sentiments. May refer to legal status of
citizenship.
• Nationalism- is a form of strong feeling or
supreme loyalty of an individual to his
nationstate. It is similar to patriotism i.e. love
of one’s country.
 Factors promoting nationalism
• Common race or kinship- People who have a
common race or kinship easily tie together as they
share many other things in common.
• Common religion- religion plays a critical role in
uniting pple, this is true among Muslims and Jews.
• Common language- languages facilitates contact &
also acts as a medium to express ideas and culture.
Most of the nations of the earth are nations because
they have a common way of expressing themselves
which is distinct.
 Factors promoting nationalism
• Common history & culture- pple living
together, thinking together, suffering together,
working together, feeling joy & sorrow
together share a common psychological
makeup, i.e. common heritage & common
traditions.
• Common political aspirations- the pple of a
nationality’s desire to be independent of any
kind of alien control or domination.
 Factors promoting nationalism
• Geographical contiguity- it is also important
that all parts of a country in which the people
of a nationality inhabit must be geographically
nearby.
• National self-determination- This principle
with implies that every nation shld be
organized as an independent political entity.
When nations are aware of this principle, they
normally use it to demand their right to rule.
 Nation-state
• When attributes of a nation and a state are
brought together, they form the nation-state.
Most states are nation-states.
• It is possible to have a nation but without a
state or a multinational state.
Criticism of Nationalism
Strong points:
1. Helps unify people of a particular group & helps
pple to be freed from oppression.
 2. After acquiring their national rights, pple
could make astonishing social & economic progress
3. Creates a powerful political consciousness
especially in third world countries.
4. It is relevant to the needs of human nature and it
cant be abolished nor fade away because there is no
substitute
Weaknesses of nationalism
1. It has the potential to separate pple who are not part
of the ‘nation’ i.e. it is the enemy of universalism
 2. It sacrifices the liberty of an individual at the
expense of a collective ego.
3. It can be exploited by politicians & lead to an
aggressive and militant form of nationalism.
Nationalism is regarded as a major roadblock
towards internationalism.
Internationalism
• It stands for a family of self-governing nations,
united to each other by ties of equality and
living at peace and harmony with each other.
 • It presupposes the existence of many
nations of the world & desires cordial relations
among them.
True nationalism can flourish in the world of
internationalism. Internationalism desires
prevalence of sane & sensible nationalism.
Aspirations of internationalism
1. Blind & aggressive forms of nationalism lead to
wars & tensions hence shld be discouraged.
2. The idea of isolationism shld be discouraged & a
state of interdependence encouraged.
 3. Limitations shld be placed on the production
destructive weapons
4. Nations shld avoid the course of hot confrontation
but desire peaceful settlement
5. There shld be an international organization based on
the principles of equality of nation-states.
LAW
• The study of political theory has to start with a
discussion of the idea of law because the state
is a legal association & its powers are derived
from in the form of law.
 • In the field of political theory we are
concerned with laws that regulate man’s
behavior as a member of an organized society.
Law: various meanings
The concept is used in a variety of senses:
1. The laws of motion & gravitation in physics.
2. Social & customary laws which guide
behavior of man in collective life.
3. Moral laws which relate to good/bad,
right/wrong.
 The central idea of the law is to control
Definition of Law
• A set of public & enforceable rules that apply
throughout a political community & is usually
recognized as binding.
• Law is a distinctive form of social control,
backed up by the means of enforcement; it
defines what can & what cannot be done.
Classification of laws
Law can divided into two:
 1. Public law which popularly referred to
as Criminal law.
2. Private law which popularly referred to as
Civil law.
Public law (Criminal law)
• Includes rules that describe the conduct
between individuals & the state.
• It is concerned with protection of life &
property & the general rules of conduct that
relate to the operation of a good society.
 • The state’s purpose to punish the
offenders (punitive intent).
Private law (Civil law)
• Civil law is law covering conduct between
individuals.
• It is non-punitive and compensatory
• It handles problems/misunderstanding related to such
issues as loaning of money, marriage divorce, a
contract, accidental harm caused by one person or
another.
• Civil law is less dramatic & is concerned with the
past and present- not necessarily the future.
 Additional classification of laws
1. Natural & positive law- natural law is often based
on the fear of some supernatural power whilst
positive law is written & enforced by sovereign
authority (state)
2. National & international law- national is formulated
by the state & applicable to the pple living under its
territorial jurisdiction. International law regulates
the conduct of states & is enforced through the
good sense of civilized nations of the world.
3. Constitutional & Ordinary law- the difference is the
value placed on them. Constitutional laws are
normally above the ordinary laws.
 Sources of laws
1. Customs- refers to old & well established practices
of the pple. These practices once started gradually
developed. The law of today is based on the customs
of the pple.
2. Religion- Religious books as interpreted by priests
& divines have a profound effect on the
contemporary laws.
3. Adjudication- In ancient times disputes on the
meaning & nature of customs were referred to
wisest men of the community. The decision they
made were handed down to generations. Judges
 became the wisest men of community & their
decisions were written down to form case-law.
Sources of laws
4- Equity- an informal method of making new
law or altering an old one depending on
fairness or equality of treatment. i.e. a
judgment that ensures that there is equality &
natural justice of existing laws (where it is
seen to be lacking).
5-Legislation: It is the most common source of
law. It means placing a specific rule on the
 statute book of the land. This is done
through the law making organs of the
state.
Sources of laws
6- Standard works- scientific commentaries
in which leading thinkers, jurists &
statesmen express their views on
important points of law & then these are
recognized & treated as binding.
 Moral & legal aspects of law
• There is a very strong relationship btwn
morality and law.
• Law is a form of social control and backed up
by the means of enforcement, it defines what
can and what cannot be done. Morality on the
other hand prescribes what should and should
not be done.
• Law has an objective character in that it is a
social fact while morality is usually treated as
 a subjective entity- a matter of opinion or
personal judgment.
Moral & legal aspects of law
• Law is concerned with the outward actions of a
human being, morality is concerned with his or her
inner motives.
• While the purpose of law is to restrain a human being
from doing a crime like theft, the purpose of morality
is to save him/her from wrong doing.
• The other deference is in application. While Law is
universal in character (applicable to a large number
of pple in uniform measure), morality has its
 application to individual cases (differs from
group to group).
Moral & legal aspects of law
• Law is specific and its terms are very clear,
morality is rather ambiguous and uncertain.
• Law is mandatory and is backed by the
authority of the state while morality has an
optional character having its source of sanction
in the good sense or conscience of the people.
 Moral & legal aspects of law
• The natural law theories argue that any law
must be based on a moral system of some kind.
Such theories were based on the idea of
Godgiven ‘natural rights’. This link btwn law
and morality is usually associated with the
ideas of civil liberties or human rights.
Rule of Law
• The rise of the 19th Century of the ‘science of
positive law’ offered a very different view of
the relationship btwn law and morality. Its
 purpose was to free the understanding of
law from moral, religious and mystical
assumptions.
• John Austin developed the theory of “legal
positivism” which defined law not in in terms
of its conformity to higher moral or religious
principles but in terms of the fact that it was
established and enforced: the law is the law
because it is obeyed.
 Rule of Law
• The rule of law is a principle that the law
should rule in the sense that it establishes a
framework to which all conduct and behaviour
conform, applying equally to all the members
of society, be they private citizens or
government officials.
• The rule of law, also called supremacy of
law, means that the law is above everyone and
it applies to everyone. Whether governor or
governed, rulers or ruled, no one is above the
 law, no one is exempted from the law,
and no one can grant exemption to the
application of the law.
Rule of Law
• The rule of law has been considered as one of
the key dimensions that determines the quality
and good governance of a country
• It is the core liberal-democratic principle,
embracing ideas such as constitutionalism and
limited government.
 Rule of Law
The influential political theorist Joseph Raz identified several
principles that may be associated with the rule of law in some
(but not all) societies.
• That laws should be prospective rather than retroactive.
• Laws should be stable and not changed too frequently, as lack
of awareness of the law prevents one from being guided by it.
• There should be clear rules and procedures for making laws.
• The independence of the judiciary has to be guaranteed.
• The principles of natural justice should be observed,
particularly those concerning the right to a fair hearing.
• The courts should have the power of judicial review over the
way in which the other principles are implemented.
• The courts should be accessible; no man may be denied
justice.
 • The discretion of law enforcement and crime prevention
agencies should not be allowed to pervert the law.

Judiciary
• The judiciary is the third and separate as well
as an independent organ of a political
organization. It includes those officers of
government whose function is to apply the
existing law to individual cases.-public
officials who interpret and enforce the law of
the state.
• The existence of an independent judiciary is a
proof of the existence of a good state- it is the
 hallmark of a civilized political
community.
Functions of the judiciary
1. Adjudication- Hear & decide cases
2. Legislation-Make laws through decision made
3. Guardian of constitution- settles disputes related
to understanding of the constitution.
4. Advisory- render advice on matters of law
5. Judicial review- look into consitutional validity of
a legislative measure or executive action & may
declare it null and void.
 6. Miscellaneous- exercising control over their
employees, doing investigations, issuing certificates
of marriages & citisenship etc
Traditional Courts
• Traditional courts (also referred to as chiefs’
courts) still form an important part of the
administration of justice in much of rural
Africa. Some critics see them as conservative
and unable to deliver justice in the modern
social economic and political climate while
others see them as prototypes of the kind of
 dispute resolution mechanisms that are
desirable in modern society.
Traditional courts
1- Accessibility: Traditional courts exist in almost every
area of jurisdiction of a traditional leader (chief or
headman) which means that virtually every village
has a court within reach of most inhabitants. People
do not have to travel long distances to magistrates
courts at district headquarters. The courts are also
accessible in terms of social distance. Since the
presiding chief and his councillors who constitute the
court are not very different in terms of social status,
wealth or education, disputants do not feel as
 intimidated by the chief’s court as they would
in a western-type court.
Traditional courts
2-Cost: Besides the fact that they are easily
accessible, traditional courts are cheap in terms
of transport costs and the courts levy only
minimal fees which may be payable in kind.
Further, since legal practitioners are not
permitted in these courts, justice is affordable.
 Traditional courts
3-Familiarity with the law: Traditional courts apply
customary law. Customary law consists of rules and
customs of a particular group or community.
Ordinary people understand it and relate to it much
more than the largely imported common law or the
statutory law applied in the regular courts. Although
African society has been changing over the decades,
African people still identify with their customary law
rather than other laws which baffle the learned and
the ordinary people alike.
 Traditional courts
4- Simplicity and informality: The procedure in
traditional courts is simple, flexible and expeditious.
Procedural informality of African traditional courts
has been held out as a major advantage over the
western-style courts which sometimes get bogged
down in technicalities. Even members of the public
(adult males) are allowed to question the parties and
the witnesses and to express opinions. This
informality makes these courts user-friendly and
public participation makes the process popular in the
sense of regarding it as their own and not something
imposed from above.
 Traditional courts
• Language: The fact that the language of the
court is invariably the local language of the
disputants, with no risk of distortion through
interpreting, makes these courts attractive to
their users and gives greater satisfaction to the
participants in the process as compared to
regular courts where the language used is not
understood by the majority.
 Traditional courts:
Disadvantaged

1-Exclusion of legal practitioners: It is

sometimes argued that the exclusion of
lawyers from traditional courts is unjustified in
that litigants should have the choice, if they so
wish, to engage legal practitioners to represent
them in these courts.
 Traditional courts:
Disadvantaged
2- No presumption of innocence: It has been stated that the
inquisitorial procedure whereby the chief and his councillors
question a party to proceedings in traditional courts, amounts
to a presumption of guilt against a person accused of an
offence before a traditional court and that such accused had to
convince the court of his or her innocence.
3-Composition of the traditional court: firstly, they are
discriminatory as they tend to be filled with men secondly
there is a question of whether chiefs and headmen are
appropriately qualified to preside over courts.