What is a state?

A state is a political division of a body of people that occupies a territory

defined by frontiers. The state is sovereign in its territory (also referred to
as jurisdiction) and has the authority to enforce a system of rules over the
people living inside it. That system of rules is commonly composed of
a constitution, statutes, regulations, and common law.
(Cornell Law School, August 2021)

 Derived from the word ‘status’

 Niccolo Machiavelli (1469-1527) first used the term state

Woodrow Wilson: State is a people organized by law within a definite terrirtory.

Aristotle: union of families and villages with a goal of having a happy and good
life

Burgess: particular portion of mankind viewed as an organized unit

Sidgwick: combination and association of people in a government, governed in

a definite territory

Sovereignty: refers to dominant power or supreme authority

Jurisdiction: territory in which governmental agency or the court may exercise

its power

Constitution: refers to a single written document that explicitly creates

government institutions, defines the scope of government power, and
guarantees certain civil liberties.

Statutes: law enacted by a legislature; also called acts

 Federal Statutes are published multiple times
 Slip Law -> Session Law -> Codes and Revised Statutes

Regulation: official rule

Common Law: Common law is law that is derived from judicial

decisions instead of from statutes.

Elements of a State

Physical Bases of the State

 Population
 people who make the state
 Greek thinkers: population should neither be too big nor too small
  Large enough to be self-sufficing and small enough to be well governed
 Territory
 No state without a fixed territory
 Territory of a state include land, water, and air-space
 Territorial Sovereignty: freedom from external control
Political Bases of the State
 Government
 No state without government
 Political Organization of the state
 CF Strong referred to Government as the highest authority needed to
make and enforce laws within a state
 Sovereignty
 Supreme and final legal authority
 Internal Sovereignty: state is supreme over all its citizens and
associations
 External Sovereignty: state is free from foreign control