Civic and Ethical Education

Oxfo Business & Technology College
Module for the Course
Civics and Ethical Education

Course Code = ACCT-212
Credit Hour = 3
Wisdom at the source of Blue Nile
March, 2017
Shire Tigray
Course introduction
Dear learner, welcome to the course Civics and Ethical Education. This course will enable you to
understand the basic knowledge and principle of the course.
The types of courses are listed below. So you are expected to read the notes and practice the activities
carefully. This course is composed of all units. These are
Unit 1. What is ethics?
Unit 2. Classical ethical theory
Unit 3. Consequentialist/Teleological ethical theories
Unit 4. Non-consequentialist/Deontological Ethical theories
Unit 5. What is civic education?
Unit 6. The state and government
Unit 7. Citizenship
Unit 8. Constitution and Constitutionalism
Unit 9. The theory and Practices of Democracy
Unit 10. Fundamental Human Rights
Unit 11. International Relations and Contemporary Global Issues
Course objective
After studying and up on combination of these course students should be able to
 Familiar with key concept like civics, ethics and profession
 Able to assess the values of multi-cultural and tolerance for mutual understanding and co-
existence;
Icons and what they indicate
Icon What indicates

Type
 Indicates pre test
 Indicates post test
 Indicates check lists that enables you trace
understanding of unit concept
 Indicates answer to questions
 Indicates activities to be answered by student
 Indicates assignments to be answered
! Indicates important points need emphasis
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UNIT 1
WHAT IS ETHICS?
Contents
1.1 Introduction
1.2 objectives
1.3 Definition of Ethics
1.4 Relationship of Ethics with other fields
1.5 Classifications of Ethics
1.6 Importance of studying Ethics
1.7 self attempt questions
References
1.1 Introduction
Dear learner! To produce a good citizen the role ethical education is very important. The first part
defines ethics and list out the subject matter. And then describes the relationship between ethics and
other disciplines as well as explain further the meaning and concern of ethics by comparing and with
other related fields. And also describes the different parts or subdivisions of ethics. In addition to this
the importance of studying ethics will explain. And at the end self attempt questions are found.
1.2 objectives
The major objective of this unit is to explain the meaning of ethics, and dealing with the relevance or
importance of studying ethics.
At the end of this unit students will be able to:
o understand the meaning of ethics
o know the subject matter of ethics
o identify the relationship between ethics and other behavioral sciences
o differentiate ethics and morality
o distinguish ethical relativism and ethical objectivism
o list out and explain the various sub-divisions of ethics
o understand the relevance of ethics with other disciplines
Dear learner, discuss with your colleagues about ethics?
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1.3 Definitions of ethics
There are several definition of ethics, but some definition of ethics are listed as follows: -Ethics as
moral values: Moral values are values that determine human conduct (behaviors, actions, decisions)
as right or wrong, good or bad, moral or immoral. Hence, ethics could also be defined as the field that
studies rightness or wrongness (goodness or badness, morality or immorality) of human conduct.
o Ethics is also defined as “a set of principles prescribing a behavior code that explains what is
good and right or bad and wrong and outlines moral duty and obligations”.
o Some others defined as, “Ethics is the discipline that is concerned with what constitutes
human welfare (good, happiness, benefit, safety) and the kind of conduct necessary to
promote it”.
o Working definition of Ethics: “Ethics is a branch of philosophy that is concerned with
rightness or wrongness (morality or immorality) of human conduct or behavior.”
1.4 relationships of ethics with other fields

Ethics has a relation with other fields. In order to explain this we need to ask ethics “is concerned
with human conduct/behavior?” This question creates a need to point out the fact that there are a
number of field concerned with human conduct and to explain the difference between Ethics and
these fields.
Several other fields that are concerned with human conduct/behavior. For example, the fields that are
commonly known as behavioral sciences (fields such as psychology, sociology, anthropology, history
and economics) study different aspects of human behavior. Ethics is distinguished from such fields by
being normative. In other words, it is concerned with pronouncing judgment upon human behavior,
not merely describing the behavior. Ethics is the study not only of what is but also that of what ought
to be. Ethics, and only Ethics, is concerned with the “ought” of human conduct. That is, whereas all
other fields are limited to descriptions of how human beings in fact behave, Ethics (particularly
normative Ethics) is concerned with prescriptions of how human beings ought to behave. Ethics not
simply describes moral ideals held by human beings but asks which ideal is better than others, more
worth pursuing, and why.
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On the other hand, all ethical questions involve a decision about what one should do in a specific
instance. Notice here the word should. It implies that ethical questions are not concerned with what
one would or may do (which is an essentially psychological concern) but what one ought to do.
Judgments about such decisions are generally expressed with words like right and wrong, should and
ought, or obligation and duty. For instance, “I should tell the truth” or “Telling truth is the right thing
to do”. A good portion of ethics is devoted to problems concerning the right thing to do or what we
should do, which is the question of obligation. Hence, ethics is about ought, obligation, duty, or
responsibility. Think about what are our duties or obligations are as: human beings, citizens, brothers,
sisters, fathers/mothers, children, teachers, students, doctors, accountants, etc.
All ethical decisions involve choice. But implied in any choice is a value or value judgment. In effect,
every choice involves an assessment of worth. We feel obliged to behave a certain way because we
seek a specific value or good. These values, just as actions themselves, can be described with words
such as good, bad, evil, desirable, undesirable, beneficial, harmful, etc. In addition to dealing with
obligation, therefore, Ethics deals with questions of value. Taken together, questions of obligation
and value form the heart of ethics.
Ethics and Philosophy

Ethics is essentially a philosophical field. It is one of the branches or standard field of philosophy.
Since, Logic is the field of philosophy concerned with formulation of principles of correct thinking
and Axiology is the field of philosophy concerned with value. But Ethics is distinguished from other
fields of philosophy by being concerned with moral values (i.e., morality of human behavior). As a
result, ethics is also known as moral philosophy.
Ethics and Morals/Morality
Usually these two terms are used interchangeably as if they mean one and the same thing. However,
there is a significant difference between the two terms. As could be seen from the above explanation
of the meaning and purpose of ethics, ethics is the discipline that studies or enquires into morality.
Hence, the difference between Ethics and morality is that whereas ethics is the study or inquiry,
morality is what is studied or inquired into by ethics. Morality refers to a set of rules and principles
that guide the people’s behavior/conduct in day-to-day life. And ethics, as the philosophy of
morals/morality, is the discipline that examines and formulates these rules and principles.
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1.5 Classification of Ethics
Dear learner! Ethics is generally divided into two major types, namely Normative Ethics and Non-
normative Ethics. In this sub-unit you will study these two types of Ethics and their further
classifications.
1.5.1 Normative Ethics

It is the area of ethics that involves attempts to determine precisely what moral standards to follow so
that our actions may be morally right or good. It is called normative because establishes norms of
right conduct. Normative statements are assertions that express value judgment. Every normative
statement says or implies that something is good or bad, better or worse, ought to be done or ought
not to be done. And it is further divided into two sub areas:
i. General Normative Ethics:

General normative ethics is reasoned search for principles of right conduct. It formulates the
principles that we should follow so that our conduct be morally right, principles that are used to
determine human behavior as right or wrong, good or bad, moral or immoral. Hence, an action is
right/moral if it agrees with the rules and principles established by General normative ethics.
ii. Applied Normative Ethics: is the attempt to explain and justify positions on specific moral
problems/issues. It is called applied because here ethicists attempt to use (implement/put into
practice) the general theoretical ethical principles to resolve concrete or specific moral problems.
Some of the issues of applied ethics include capital punishment, abortion, euthanasia, war, sex, and
corruption.
There are many sub-divisions of applied ethics depending upon the diverse moral issues that call for
theoretical considerations. The following are just few examples of the specialized areas of applied
ethics: Development Ethics, Environmental Ethics, Professional Ethics, Medical Ethics, Business
Ethics, Work Ethics, Social Ethics, Individual Ethics, Political Ethics, and Historical Ethics.
Environmental Ethics is the area of applied ethics where ethicists consider the ethical relationship
between human beings and the natural environment. There are many ethical decisions that human
beings make with respect to the environment. Consider the following questions, for example: Should
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we continue to clear cut the forests for the sake of human consumption? What environmental
obligations do we need to keep for future generation? Is it right for humans to knowingly cause the
extinction of a species for the convenience of humanity?
1.5.2 Non-normative ethics

This is the area of ethics that consists of two fields, namely Scientific or Descriptive ethics and Meta-
ethics. It is called non-normative because, unlike the normative ethics, it does not involve the
establishment of norms of right conduct. Its statements are non-normative; that is, they do not assert
or express value judgment. In a word, they are value neutral.
i. Scientific or descriptive ethics

This area involves factual investigation of moral behavior of a given community. It is concerned with
how people do in fact behave. It is therefore factual description that does not involve value judgment.
ii. Meta-ethics
It is highly technical discipline in which philosophers analyze and clarify the meaning of important
terms used in ethical discourse or writings, terms such as the good, right or wrong, moral or immoral,
obligation, responsibility, duty, and freedom of will. The concern of meta-ethics also includes a
critical study of how ethical statements can be verified.
Diagram 1 Classification of Ethics
Ethics
Normative Ethics Non-normative

ethics
General normative Applied

ethics normative ethics Scientific/Desc
riptive ethics Meta-ethics
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1. 6 Importance of studying Ethics
Why should you study Ethics? you may answer the question by saying “I am studying ethics because
I am required to do so”. However, you should also know the reason why you are required to study
ethics.
Firstly, whether you are ordinary person, a manager, teacher, lawyer, and the like, as a rational person
you have to have moral justification for all your actions and decisions. Your study of ethics (the rules,
principles and theories) helps you to that end. That is, they will make you sensitive to ethical/moral
issues and help you to think and act in ethically sound or justifiable way.
Secondly, you can also consider the general nature and concern of ethics to realize its relevance.
Ethics, especially through its, normative approach towards life, has practical importance. Its problems
and solutions have to do with the real questions of the conduct of living. Its solutions are solutions for
the problems of goals and means of goals in the practical life of all human beings. As the question of
the manner of living, ethics is also concerned with the question of the meaning of life; and how we
live our actual life could be determined by our conceptions of the meaning of life. Hence, though
theoretical, the concern of ethics is clearly related to the concrete or practical life situations. That is to
say, it has obvious relevance to practical difficulties which confront every human being. Its theorizing
almost always stems from the efforts of human beings to solve the practical, immediate, and pressing
problems which arise in the everyday living.
Finally, we hope you have recognized that there is currently a kind of universal movement for ethical
education. That is, everywhere in the world including our country there is common
understanding/urge by scholars as well as leaders and common people for ethical education. If you
have noticed this, what do you think the reason for that? Discuss about it with your friends or
colleagues. You may realize from your discussion that there is great need for ethical education to the
present generation.
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Checklist
 You have know complete the first unit and you need to check whether have understood the
basic concept in this unit. Try all the questions and if answer all questions go to the next unit. If not
you have to go back and read the appropriate section again until you grasp the important points.
1.7 Self attempt questions

I. From the alternatives given to each question below, choose the best one.
1. Which of the following is wrong match?
A. Aesthetics/beauty
B. Epistemology/knowledge
C. Ethics/conduct
D. Logic/thinking
E. None of the above
2. Which of the following questions is not among the concerns of ethics?
A. What is the source of human knowledge?
B. How should human beings live?
C. What are the responsibilities of citizenship?
D. Is abortion moral or immoral?
3. The area of ethics that is concerned with clarification of ethical terms is known as
A. Normative ethics
B. Applied ethics
C. Metaethics
D. Scientific ethics
4. The fundamental value of studying and understanding of the ethical theories lies in
A. obtaining definitive guides to moral conduct
B. becoming aware of the moral options available to us for dealing with complex
moral decisions on a personal and collective level.
C. protecting immoral actions against us
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D. providing particular skills of doing business
5. Which of the following is an example of normative statements?

A. Addis Ababa is the capital city of Ethiopia.
B. Kenenisa is an athletic hero.
C. Alcoholism should be made illegal.
D. All of the above
II Define the following terms

Axiology Ethics
Moral value Normative ethics
Applied ethics Scientific/Descriptive ethics
Metaethics Non-normative ethics
Environmental ethics Business ethics
Medical ethics Legal ethics
Moral objectivism Ethical relativism
Ethical absolutism Ethical subjectivism
Cultural relativism
III True or False item
1. Ethics is concerned with part of our human values.
2. Ethics and morality have the same meaning.
3. Metaethics is normative study of human behavior.
4. Professional ethics is a branch of applied ethics.
5. All ethical questions involve a choice.
IV Questions for comprehension and reflection

1. What does “man is moral animal” mean?
2. What are the benefits you are expected to gain from your study of ethics?
3. According to your opinion, what is the reason for the universal urge for ethical education?
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References
Cryssides D. George and John H. Kaler. (1993) An Introduction to Business Ethics.
Donald Palmner (1996). Does the Center Hold? An Introduction to Western Philosophy. (Chapter 7,
Ethics; Chapter 8, Critique of traditional Ethical theories)
Miller, E. D. L.(1984) Questions That Matter: An Invitation to Philosophy. Part Four, The Question
of morality, Chapter 16 (pp 349-378)
Stroll Avrum and Richard H. Popkin, (1961) Introduction to Philosophy. (Chapter 5, Ethics/Appraisal
of Human Character, Conduct, and Aims)
Vincent Barry (1980) Philosophy: A Text with Readings. (Chapter 3, Ethics, pp. 89-103)
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Unit 2
Classical Ethical Theories
Contents
2.1 Introduction
2.2 Aims and objectives
2.3 Sophists and Sophism
2.4 Platonism: ethical theory of Socrates and Plato
2.5 Nicomachean Ethics: ethical theory of Aristotle
2.6 Relevance of the classical ethical theories
References
2.1 Introduction
Dear student, this lesson aimed to introduce you to the Greek Classical Ethical Theories: Platonism
and Nicomachean Ethics, ethical theories of the three popular Greek giants, namely Socrates, Plato
and Aristotle. This unit brings an opportunity to familiarize you with the most influential persons and
philosophical ideas in the history of mankind.
Platonism was a reaction to sophism, philosophical views of sophists; and Nicomachean ethics was a
reaction to Platonism. Hence we begin by outlining some of the major features of the philosophy of
the sophists. This will be followed by a relatively more detailed description of Platonic ideas. Next to
that you will study Nicomachean ethics and its relation to Platonism. Finally you will find the section
that explains the relevance of the classical ethical theories or the reason why you have to study them.
2.2 Objectives
 Understand the importance and the relevance of the classical ethical theories
 know the meaning of sophists and sophism
 understand Platonism
 explain the major elements of Nicomachean ethics
 know the meaning of golden mean and the theory of moderation
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2.3 Sophists and Sophism
Both Plato and Socrates severely criticized the Sophists because of their relativism, subjectivism or
skepticism. Indeed, a major part of Platonism was a reaction to the philosophy and teaching of these
Sophists, known as sophism. Hence, to understand Platonism, you have to be acquainted with the
major elements of the Sophists’ philosophy.
Sophists (literally “wise men”) were a group of philosophers in the fifth century BC who offered to
teach young Athenians how to use logic and rhetoric to defeat opponents in any controversy. They
were the first to teach wisdom for a fee, something that irked Socrates.
Actually, the Sophists may not have been as wise as they were clever with words, and they were
accused of making the stronger arguments appear to be the weaker and the weaker arguments appear
to be the stronger. But in the days of the Athenian democracy, when an individual was required to
defend himself in the law courts, the Sophists’ “wisdom” was much in demand. Socrates and Plato
sharply criticized the Sophists because they accepted monetary rewards for encouraging unprincipled
persuasive method.
One of the two most popular sophists, Protagoras, who was active about 425 BC, expressed the
central philosophy of the sophists in the following statement which is known to be one of the most
famous lines ever uttered. He wrote: “A man is the measure of all things; of the things that are, that
they are, and of the things that are not, that they are not.” This means that the individual, each and
every person, is the criterion unto himself or herself as to what exists and what does not. This thought
was expanded to include truth and morality. It implies that what ever you perceive as true or false is
true or false, and whatever you think as good/right or bad/wrong is good/right or bad/wrong.
This position is known as Relativism or Subjectivism because it makes the most important things
relative to and dependent upon the individual, or because it asserts that the subject (either an
individual person, community, or society) is the source and standard of being, truth, and goodness.
The Sophists expanded this relativism to skepticism, uncertainty with respect to knowing;
philosophical epistemological position that doubts or denies the possibility of knowledge, or holds
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that mankind cannot possess certain knowledge about anything. Skepticism is, in other words, the
epistemological position that varies between doubting all assumption until proved and claiming that
no knowledge is possible. The latter extreme position is called absolute skepticism and the Sophists
tend to hold this position (that is, that of absolute skepticism).
The transition from the relativism of Protagoras to skepticism was expressed in the following
statement of Gorgias, the second popular Sophist: “Nothing exists; if something does exist, we cannot
know it; if we come to know it, we cannot teach it to others.” Hence, the only thing remaining is the
use of the word, and Gorgias affirmed that all things can appear true and just, if oratorical power is
capable of revealing things as true and just, beyond every pretension of reality of content.
The traditional belief of the Greeks had been that their cities had received laws from some divinity;
protector of the cities, and that goodness or happiness consists in conforming one’s life to these laws,
accepted as divine and eternal. The Sophists shook this faith to its very roots. By their subjectivist and
skeptical prejudices they ended in the conclusion that the good is that which satisfies one’s instincts
and passions.
You have been studying about who the Sophists are and their philosophy or teachings. You may ask
at this point “what is then Sophism?” Sophism is just the manner of the Sophists, which associated
with cheating, making the stronger arguments appear to be the weaker and the weaker arguments
appear to be the stronger. Sophism is, in other words, a plausible argument that is actually fallacious,
especially when one presents it as if it were legitimate reasoning.
Fallacy is incorrect or illogical argument that appears or seems correct or logical. It is, in other words,
deceptive argument, an argument that deceives, cheats or misleads. Sophism (also called Sophistry) is
intentional or deliberate use of such arguments to defeat one’s opponent (or teaching to do so).
2.4. Platonism: the ethical theories of Socrates and Plato

As mentioned above, Platonism is the ethical theory of Socrates and Plato. Who is Socrates? What is
the relationship between Socrates and Plato and between Socrates’ views and those of Plato? In what
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follow immediately below you will read about who Socrates is and his major moral views, the
relationship between Socrates’ and Plato’s views, and the finally views of Plato.
Socrates and his philosophical life

Even though, he was well known during his own time for his conversational skills and public
teaching, Socrates (469-399 BC) wrote nothing. As a result, the main evidence for his opinions comes
to us second hand and primarily from the writings of his student, Plato. Indeed, Socrates is the
protagonist (central character) of the Platonic dialogues.
He has always been regarded as a kind of symbol of philosophical activity, especially its rational and
critical nature. This is because philosophy itself could be defined as “rational and critical enterprise”
or “the love and pursuit of wisdom”. The wisdom of Socrates (for which he dedicated his whole life)
consists of a critical habit, an eternal vigilance about all things and a reverence for truth, whatever its
form, wherever its place. His is a perspective that allows him to transcend the narrowness, the
smugness, the arrogance, and the pettiness of mundane ego fulfillment. His method (popularly known
as Socratic Method) consisted of asking someone about the meaning of important terms or ideas,
usually moral concept, and then to cross-examining his opponent mercilessly until some progress or
clarity is achieved.
In his use of critical reasoning, by his unwavering commitment to truth, and through the vivid
example of his own life, Socrates set the standard for all subsequent Western philosophy. His
dedication to careful reasoning transformed the entire enterprise (Western philosophy). Since he
sought genuine knowledge rather than mere victory over an opponent, Socrates employed the tricks
(logic) of the Sophists to a new purpose, the pursuit of truth. His willingness to call everything to
question and his determination to accept nothing less than an adequate account of the nature of things
makes him the first clear exponent of critical philosophy. Critical philosophy is the analysis and
definition of basic concepts and the precise expression and criticism of basic beliefs.
Socrates, the great ethical philosopher, is thus regarded as a model of moral person with respect to the
search for, and devotion to, truth. “Unexamined life is not worth living”, he said, and his whole life
was dedicated to self-examination and questioning of both the self and others. Analysis of his life
provides a model as to “how life should be lived”. Some find analogy between the place of Jesus
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Christ in the Christian religion and that Socrates in philosophy, mainly because the latter is regarded
as the symbol of philosophizing and also because he gave his life for the principles/truth he taught.
The moral views of Socrates
“What is the good life for man?” and “How ought men to behave?” This was especially true for the
classical ethical theories under discussion, namely Platonism and Nicomachean ethics. For Socrates,
the answer to the second question, from the above two questions, was obvious: Men ought to act in
such a way as to achieve the good life. It was the first question that was more troublesome – namely,
what constitutes the good life? In dealing with that question, the teaching of Socrates can be
summarized in a remark: The good life can be discovered if and only if men have knowledge. Indeed,
“Socrates’ main philosophical concern was with how anyone can know the right way to live.”
Note that this remark does not directly answer the question. That is, Socrates does not purport to tell
us what the good life is but only what we must do in order to discover it. Nevertheless it was a remark
of great historical significance. It was accepted by almost all Greeks who followed Socrates.
The remark also expresses Socrates’ doctrine which is sometimes termed “the Socratic paradox”. The
paradox lies in the fact that although men in fact act immorally, none do so deliberately. For it was
Socrates’ belief that if a man knows what is good, he will always act in such a way to try to achieve
it. Evil, seen from this standpoint, is thus always the product of ignorance (that is, a case of a man
believing something to be good when it is not). Socrates defended this point of view by the following
argument: The good, he maintained, is that which is most serviceable to men. Everyone aims at doing
that which is most serviceable to him. It is, accordingly, unthinkable that anyone should not do that
which he recognizes as being most serviceable to himself. If anyone should act in a way which is not
conducive to his own good, therefore, his action must result from a failure to recognize what is good
in those circumstances. It follows from this that immoral action is always due to lack of knowledge. It
is this doctrine which is summarized in the epigram “virtue is knowledge”, and also in the remark
“nobody errs wittingly”, which means nobody act immorally knowingly. In a word, Socrates held that
men do not act immorally if they know what is moral.
Socratic problem
As we have seen, Plato was a student of Socrates (427-347) expressed his philosophy in numerous
dialogues. In earlier of these dialogues Plato develops the ideas of his teacher Socrates through
portrayals of Socrates’ discussions with his contemporaries, discussion which proceeded by questions
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and answers. In the dialogues, which were composed over a long period of nearly fifty years, Plato
gradually introduced his and more developed ideas in place of those of the historical Socrates, though
he continued to employ Socrates as the mouthpiece of these ideas. It is difficult to determine where
the real Socrates leaves off and Plato’s own ideas begin. This is called the Socratic problem in the
history of philosophy. For the purpose of the discussions in this course we will not concern ourselves
with this problem; that is, we will make very simple distinctions between the two: Except the
statements indicated by quoting directly to be Socrates’ or Plato’s and the specifically distinguished
views, all other views are regarded here to belong to Platonism, which equally refers, in this course,
to Socrates and Plato.
Plato and his moral views
Plato never answers the question “What is the good life for man?” But he regarded the question as
fundamental. What motivated the intensive search for the good life is that Plato, like Socrates,
believes that if a man knows what is good, he will always act so as to try to attain it. In the complex
arguments that involves his metaphysics, epistemology and ethics Plato also provides the reason why
men must possess knowledge in order to understand the nature of good life.
2.5 Nicomachean Ethics: ethical theory of Aristotle

It the first systematic presentation of morality, is the ethical theory of Aristotle (384-322 BC), one of
the three Greek giants. It is so named after his father or son, both of whom were of the same name.
As Plato was the student of Socrates, Aristotle was the student of Plato. However, Aristotle ruthlessly
criticized the theories of his master, Plato.
Greek philosophy was generally characterized by speculative approach. That is the Greek
philosophers attempted to discover the true nature of the world by the use of reason alone. This
speculative approach’s also noticeable in their ethical writings. Generally, the speculative approach is
non-scientific – for it does not try to collect facts and derive conclusions for them; rather it tries to
deduce facts about the nature of the world and the nature of man by use of reason alone.
Aristotle one of these Greeks, departs from this tradition in his ethical writings and adopts a scientific
or empirical approach to ethical problems. Instead of trying to discover the nature of good life for all
men by reflection/ or reason” alone, he examined the behavior and talk of people in everyday life.
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From this he noticed that what men of common sense consider to be good contains one common
character: via, Happiness. Thus Aristotle’s answer to the basic ethical question “what is the good life
for man?” can be stated in one statement: “it is a life of Happiness.”
But what is this “happiness”? Is it success? fame? Pleasure? Or what?

In the Nicomachean ethics, which is the title of Aristotle’s chief work on ethics, he gave the
definition of the word “happiness” as follow: “Happiness is an activity of the soul in accordance with
the perfect virtue.” What Aristotle is stressing here is the fact that happiness is not something static,
but an activity. It is not something we arrive at; not some object. It is not certain goal of this activity.
It is the way of engaging in the various activities of life such as eating, making love, etc.
As we have mentioned already, the ethical theories that we are discussing attempt to answer two
questions: “what is the good life for men?” and “how ought men to behave?” Aristotle’s answer to the
first questions was “the good life for men is a life of happiness.” His answer to the second questions
is equally direct: “men ought to behave so as to achieve happiness.” This second answer is vague or
question begging. We can ask, more specifically, how should we behave in order to achieve
happiness? Aristotle’s answer to this question is to be found in the well-known formula called “the
Doctrine of the mean “or sometimes called the “golden mean”. We shall now turn to a discussion of
the Doctrine of the mean, and in this way we will show how Aristotle’s moral philosophy differs
from that of Plato.
Being happy, according to Aristotle, is like being well-fed. How much food should a man eat in order
to be well fed? Aristotle’s contention is that there is no general answer to this question; i.e. we cannot
fix the amount, like two kilos. It depends on the size of the man. What sort of work he does, whether
he is ill or well. The proper amount for anyone of work he does, whether he is ill or well. The proper
amount for anyone to eat can be ascertained by trial and error: if we eat certain amount of food and
still feel hungry, we should eat less, the correct amount is a mean between eating too much and too
little. NB. The word “mean” should not be interpreted as being synonymous with “average”.
The two important consequences of this doctrine for ethics are that: there are various correct ways of
living for different people. What is good for one person may not be good for another. And, further,
one cannot tell prior to actual experimentation, by use of reason alone, which is correct way of living
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for him. We can summarize these two points by saying that Aristotle is both relativist and empiricist
in ethics.
So with happiness “the proper way for a man to behave in the moral sphere is in accordance with the
mean. For Example, in order to be happy he must be courageous, liberal, proud, witty, modest, and so
on. Courage is the mean between cowardice and rashness; liberty between prodigality and fragility,
pride between vanity and so forth. So, Aristotle’s philosophy of the golden mean can be condensed as
follows:
In order to achieve happiness, men must act moderately, they must act so as to be striving for the
mean between two extremes middle course between two activities. If they do this: than they will be
happy. But the mean will vary from man to man: some men can be more carious than others, and
some less and each will be proper for that man.
Here it seems very important to note that Aristotle is one of the first great philosophers of common-
sense in dealing with ethical matters. As we have seen, Plato maintained that good life is in no way
connected with pleasure – for he lays down a rigid requirement for all men to follow, regardless of
their inclinations, desires, temperament, in life. Aristotle rejects this view of Plato and maintained the
view that no man can be happy without certain amount of pleasure in his life.
2.6 Relevance of the classical ethical theories

Dear learner, “What is the relevance of these ancient persons and theories?”, “Why should you study
ethical theories of the ancient times?” To answer this question, you have to know the following facts
about the persons and theories here.
Plato and Aristotle are known to be the greatest of all philosophers/thinkers in the history of mankind,
not only with respect to ethical theories but with respect to almost all thoughts. That is, Plato was the
student of Socrates while Aristotle was the student of Plato. (Aristotle was the teacher/tutor of
Alexander the Great, a very popular historical figure.) As expressed by a writer, it is hard to imagine
a time so rich in human genius as the Athens into which Socrates, Plato and Aristotle were born.
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Hence, this unit introduced you to the most influential persons and philosophical ideas in the history
of mankind. Their thoughts have laid foundation for all subsequent thinkers. For instance, so
encompassing and magnificent is Plato’s philosophy that it is said that all subsequent philosophy is
but a series of footnotes to it.” That is, they have influenced the way of thinking of all people
including those of our times, if not that of each of us.
To put the same thing in different words, the relevance of the classical ethical theories has to do with
the meaning of the word classical. In usages such as these the word classical means that which has
passed the test of time and space, or that which applies to all times and places. Undying ideas
Checklist
 You have know complete the second unit and you need to check whether have understood the

I. From the alternatives given to each question below, choose the best one.
1. The philosophy of the Sophists was characterized by
A. Relativism
B. Skepticism
C. Objectivism
D. All of the above
E. A and B are correct answers
2. There is one and only one good life for all men to lead, according to Plato. This view is
known as ____________________________.
A. Ethical relativism
B. Skepticism
C. Ethical absolutism
D. All of the above
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3. Who is known to be one of the first great philosophers of common-sense in dealing
with ethical matters?
A. Plato
B. Socrates
C. Aristotle
D. Protagoras
4. Which of the following provide Aristotle’s answer to the question: “how should we behave in order
to achieve happiness”?
A. the Doctrine of the mean
B. golden mean
C. Objectivism
D. Absolutism
E. A and B are correct answers
5. What is the virtue or highest good according to Platonism?

A. Wealth
B. Power
C. Knowledge
D. Health

Platonism
Sophists Sophism
Socratic problem Socratic method
Nicomachean ethics Golden mean
III True or False item
1. The concern of the Sophists was discovering genuine knowledge.
2. Plato believed that “A man is the measure of all things”.
3. Socrates was ethical philosopher.
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4. Aristotle was ethical absolutist.
5. Classical ethical theories have great relevance to present day moral thinking.
IV Questions for reflection

1. How do you evaluate the teachings of the Sophists? Is it morally right to teach somebody how to
persuade by cheating?
2. You have read in this unit that Socrates is regarded as a model of moral person with respect to the
search for, and devotion to, truth. Can you think of any person from your experience who could also
be regarded as a model of moral person. Why?
3. Many think that the place of Jesus Christ in the Christian and that of Socrates in philosophy are
analogous. What is the analogy?
4. In this unit you have encountered a statement which is said to be the most quoted statement in the
whole literature. What is the statement? What does it mean? Who is its author?
References
Aristotle (1996) The Nicomachean Ethics translated by Harris Rackham, Wordsworth editions Ltd.
Byrn Mawr, 1999. Platonic Ethics Old and New, Classical Review
Miller, E. D. L.(1984) Questions That Matter: An Invitation to Philosophy. Chapter, 4; Part Four, The
Question of morality, Chapter 16 (pp 349-361)
Vincent Barry (1980) Philosophy: A Text With Readings. (Chapters 1 and 2 pp. 1-79
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Unit 3
Consequentialist/Teleological ethical theories
Contents
3.1 Introduction
3.3 What are Consequentialist/Teleological ethical theories?
3.4 Hedonism (Pleasure principle)
3.5 Egoistic hedonism: Epicureanism and Cyrenaicism
3.6 Utilitarianism/Social hedonism
References
3.1 Introduction
Dear learner, in this section various theories included. And the purpose of this unit is to explain the
significant theories that underlie the ethical and political theories of the modern world, like egoism,
hedonism, and utilitarianism. And those theories will help the students to understand most of the
ethical and political ideas of the modern time.
Consequentialist/Teleological ethical theories are theories that emphasize consequences of actions as

the criteria of their rightness or wrongness. That is, they maintain that an action is right if its
consequences are good, it is wrong if its consequences are bad. The unit begins by pointing out the
common characteristics of consequentialist or teleological theories. This will be followed by the
descriptions of the two major versions of consequentialist or teleological theories, namely egoistic
hedonism and utilitarianism.
3.2 objectives
Dear learner! At the end of your study of this unit you should be able to
 identify the common characteristics of consequentialist/teleological theory
 understand the meaning of egoistic hedonism and the difference between its two versions
(Epicureanism and Cyrenaicism)
 explain the meaning of utilitarianism (social hedonism) and the difference between its
two versions (Bentham and Mill)
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 compare and contrast egoism and altruism
3.3 What are Consequentialist/Teleological ethical theories?
In order to understand hedonism as an ethical theory it is necessary that you make a distinction
between two general types of ethical theories, namely, consequentialist or teleological ethical theories
and non-consequentialist or deontological theories. In this unit you will study about consequentialist
or teleological ethical theories. You will find the non-consequentialist or deontological theories in the
next unit.
How do you determine whether a given action is moral or immoral, right or wrong? Consequentialist
or teleological ethics provides one way of answering this question.
Theology, as a philosophical doctrine, is the belief in purpose or goals in the universe. In other words,
it is a belief in the purposeful arrangement of things in the universe. Teleological theory of ethics is
then that which stresses the consequence /end, goal, purpose/ of actions, and even makes the
consequence of actions the criterion or test of their rightness. That is, and action is judged, or said to
be right or wrong, moral or immoral, depending on what happens as a results or consequences of it.
It because it emphasizes on consequences of actions that it is also called consequentialist theory.
3.4 Hedonism (Pleasure principle)
Hedonism is an example of consequentialist or teleological ethics you studies above. It is a general
ethical theory which views pleasure as the good. Hedonism, from the Greek-hedone meaning
pleasure, is the ethical philosophy which holds that only pleasure is worth having for its own sake. In
a word, hedonists view pleasure and only pleasure as having intrinsic value. Therefore, according to
this hedonistic principle, pleasure is the criterion of right action; that is, an action is said to be right or
wrong depending on the amount or kind of pleasure that results from it, and depending on this alone.
Here, therefore, we have the answer to the two leading questions in ethical theories, namely “What is
the good life for man”? and “How ought men to behave?” The answers that the hedonists provide to
these questions are, respectively: “the good life for men is that of pleasure” and “we ought to act so as
to achieve pleasure”. In precise words, hedonism is therefore in ethical doctrine that pleasure is the
highest good, and the production of pleasure is the criterion of right action.
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Hedonism has two forms: egoistic hedonism and social hedonism. As forms of hedonism both of
them advocate pleasure as the good. The difference between the two arises when we ask “whose
pleasure?” That is, we are told by hedonists that “men ought to act so as to achieve pleasure”, but
whose pleasure? The answer to this question gives us the two versions or forms of hedonism, namely
egoistic hedonism and social hedonism. In the following two sections of this unit you will study
egoistic hedonism and social hedonism, in that order.
3.5 Egoistic hedonism: Epicureanism and Cyrenaicism

Egoistic hedonism is, of course, egoism + hedonism. Egoism comes from the Greek word “ego”
which means “I” any form of egoism thus makes the self the central concern, the beginning and the
end of all consideration. It is, in other words, self centeredness.
There are two forms of egoisms: psychological egoism and ethical egoism. Psychological egoism is a
doctrine about human nature, which claims that in fact everyone by nature pressure’s primarily his or
her own interest. Ethical egoism is, on the other hand, a value judgment, claiming that everyone
ought to pursue primarily his own interests. Ethical egoism is, in other words, a consequentialist
theory which contends that we act morally when we act in a way that promotes our own interests.
Egoistic hedonism is thus the doctrine that each individual should pursue primarily his or her own
pleasure. In other words, egoistic hedonism is the doctrine that the pursuit and production of one’s
own pleasure is the highest good and the orientation of right action.
How do you evaluate the position of egoistic hedonists? Do you approve or disapprove it? Do you
think that we are egoists by nature? Anyway, consider here the principle known as altruism. Altruism
is the direct opposite of egoism. It is the principle that everyone ought as much as possible to seek the
good (well being, pleasure, happiness) of others.
Egoistic hedonism is certainly very old moral philosophy. In fact, its two best examples occur already
in Greek philosophy: Cyrenaicism and Epicureanism. These are the two versions of egoistic
hedonism.
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The distinction between them arises when we ask the questions of the nature or the type of pleasure to
be pursued. That is, we can categorize pleasure in various ways: lower and higher, positive and
negative, pleasure and displeasure (plain), of the present moment (immediate) and that of long-run,
and bodily (sensual) and mental. The bodily or sensual pleasure is that obtained from bodily
sensation- sensation of being trickled, rubbed, or stroked of example. Mental pleasures are
pleasurable states of mind obtained from sources such as a reforesting swim, reading a good book,
grappling with a philosophical problem, creating a work of art, talking with a congenial basis of our
conduct: we should act in such a way as such a to maximize our own pleasure sensation.
Epicureanism, so named after Epicurus (300 B.C), its founder, is a more important form of hedonism.
It has often mistakenly been represented along with Cyrenaicism as “pig philosophy.” This is a
mistake because, although Epicureanism was certainly also an egoistic hedonism, it differed in
important respects from Cyrenaicism.
3.6 Utilitarianism/social hedonism

Utilitarianism is ethical doctrine that an action is right or moral if and only if it promotes the greatest
pleasure for the greatest number of people. It is the ethical as well as political theory according to
which the best rule of life is to aim at the greatest pleasure for the greatest number of people.
As another version of teleological ethics the utilitarian conceived of their philosophical work as an
attempt to lay down an objective principle for determining when a given action was right or wrong.
As such, it is seen as scientific approach to morality. They called this maxim the principle of utility.
This maxim is where the heart of utilitarianism lies.
The word “utility” simply means “usefulness,” but the utilitarian employ it to mean “that which
promotes the greatest balance of good over evil.” i.e. if an action produces an excess beneficial
effects over harmful ones, then it is right otherwise it is not. Thus utilitarianism is: the doctrine that
we ought to act so as to promote the greatest balance of good over evil. More good over evil is thus
usefulness.
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But what is the good? In fact utilitarianism has always gone hand in hand with hedonism by
specifying the nature of the good as pleasure. Therefore utilitarianism is: the doctrine that we ought to
act so as to promote the greatest balance of pleasure over pain.
Still another question: whose pleasure is to be maximized? In fact utilitarianism has always gone
hand in hand specifically with social hedonism and in deed may be regarded as identical as social
hedonism. Hence it becomes here necessary for us to compare and contrast egoistic hedonism to
social hedonism.
Like egoistic hedonism, social hedonism/utilitarianism holds teleological conception of right action:
it judges the rightness of an action by its consequences. And, like egoistic hedonism, social hedonism
(utilitarianism) is hedonist in it conception of right action: it judges the rightness of an action by its
production of pleasurable consequences. But the difference is that: whereas the egoistic hedonist is
motivated out of self interest and aims at self satisfaction, the social hedonist or utilitarian is
motivated out of an interest for the greatest possible number of persons and aims at their satisfaction.
In place of egoism of egoistic hedonism, social hedonism or utilitarianism substitutes the benevolence
principle: happiness is t be distributed as widely and as equally as possible among all people. Thus
utilitarianism is: the doctrine that we ought to act so as to prompt the greatest happiness for the
greatest number of people. It is, in other words, hedonism plus benevolence principle.
! Hedonism + benevolence principle= utilitarianism

Jeremy Bent ham and John Stuart Mill: the two versions of utilitarianism.
English philosophers Jeremy Bentham (1748-1832) and John Stuart Mill (1806-1873), these two
figures represent the two versions of utilitarianism. Bentham was the founder of utilitarianism
whereas Mill was his successor but the most popular utilitarian of all.
Bentham emphasized the quantity of pleasure while Mill emphasized the quality. According to both
thinkers, the best rule of life is to aim at the “greatest pleasure of the greatest number of people”.
However, “the greatest” means “the most” for Bentham and “the best” for Mill. By adding quality to
Bentham’s version Mill meant that one pleasure hold moral superiority over another. The central idea
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of Mill in that regard is expressed in his popular statement: “It is better to be a human being
dissatisfied than a pig satisfied.”
Act and Rule Utilitarianism

Act utilitarianism is the normative position that contends that we should act so as to produce the
greatest happiness/pleasure for the most people. In other words, before acting, ask yourself: what will
be the consequence of my action not only for me but also for everyone else involved? If the
consequences are good (that is, they are calculated to produce more happiness/pleasure than any other
action will produce), the action is right; if they are bad (that is, they are not so calculated), then the
action is wrong. In effect, for act utilitarianism the end justifies the means.
This position of act utilitarianism raises a problem: What if an action that promises the greatest good
for the greatest number, such as imprisoning an innocent person, appears to be patently wrong? The
consequences of removing a chronic public threat appear to provide greater safety and happiness for
the vast majority of people. Yet suppose that in this particular case the individual is innocent.
A number of ethicists point out that we get into such dilemma when we apply the “greatest
happiness” principle to a particular act and not to the rule that the act implements. What we should be
concerned with is the consequences of keeping or breaking the operative rule under which a particular
act falls.
Checklist
 You have know complete the second unit and you need to check whether have understood the
3.7 Self attempt question
I choose the best answer from the alternatives given to each question
1. The ethical doctrine according to which pleasure and only pleasure is intrinsically good is known
as ________________________
A. Egoism
B. Utilitarianism
C. Altruism
D. Hedonism
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2. The principle which the direct opposite of egoism is _________________________.
A. Hedonism
B. Utilitarianism
C. Altruism
D. Pleasure
3. As quantity is to Bentham __________ is to Mill.
A. Pleasure
B. Utilitarianism
C. Majority
D.Quality
4. The philosopher who is known to be the founder of hedonism is _________.
A. Epicurus
B. Aristipas
C. Bentham
D. Mill
5. Which of the following is true about Epicurean ideal of life?
A. Sober thinking
B. Sensual pleasure
C. Immediate pleasure
D. the entire above E. None of the above
Consequentialist/teleological theories Hedonism
Egoism Psychological egoism Ethical egoism
Altruism,
Epicureanism Cyrenaicism
III Say True or False
1. All consequentialist/teleological theories are hedonist.
2. Jeremy Bentham was egoistic thinker.
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3. One of the differences between Epicureanism and Cyrenaicism is that whereas the one is
consequentialist/teleological theory the other is not.
4. An action is morally right if promotes the greatest balance of good over evil, according
to utilitarianism.
5. The words social hedonism and utilitarianism mean the same thing.
IV Questions for reflection and comprehension

1. How do you evaluate the position of egoistic hedonism? Do you believe that human
beings are always motivated by self interest (as psychological egoism says)? Even if it
be true that human beings are always motivated by self interest, is it morally right to be so?
2. Both Cyrenaicism and Bentham’s version of utilitarianism are criticized by other philosophers as
“pig philosophy”. Do you understand why?
3. What is your attitude towards Kant’s popular statement: “It is better to be a human being
dissatisfied than a pig satisfied”? Do you approve or disapprove it?
4. What is the major difference between Act and Rule utilitarianism?
3.7 References
Ethics; Chapter 8, Critique of traditional Ethical theories.)
of morality, Chapter 17 and 18 (pp 379-391)
Vincent Barry (1980) Philosophy: A Text With Readings. (Chapter 3, Ethics, pp. 101-110)
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Unit 4
Non-consequentialist/Deontological Ethical theories
Contents
4.1 Introduction
4.3. What are non-consequentialist/deontological ethical theories?
4.4 Kantian/Duty Ethics
4.5. Devine command theory
4.6. Self attempt question
References
4.1 Introduction
Dear learner, the purpose of this unit is to introduce nonconsequentialist/deontological ethical
theories which are contrary to the type of ethical theories, namely consequentialist/teleological ethical
theories.
Against the consequentialist or teleological ethical theories that emphasize consequences of actions as
the criteria for their morality, nonconsequentialist or deontological ethical theories hold that morality
of an action depends on factors other than its consequences. Two major representatives of
nonconsequentialist or deontological ethical theories are Kantian ethics and Divine command ethical
theory. Kantian ethics is one that emphasizes duty of the agent. Devine command theory is a single-
rule nonconsequentialist normative theory that says that we should always do the will of God. You
will study these two types of ethical theories in that order, beginning by what is common to all
nonconsequentialist/deontological ethical theories.
4.2 Objectives
Dear learner! At the end of this unit students will be able to:
- Identify the common characteristics of the non-consequentialist/deontological ethical theories
- differentiate consequentiality/teleological and non-consequentiality/deontological ethical
theories
- understand the essential features of Kantian/Duty Ethics and categorical imperative
- explain the meaning and basis of the Devine command theory
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4.3 What are non-Concequentialist (Deontological) theories?
Consequentialist ethical theories hold that any appraisal of the rightness or wrongness of an action
must take into account the motive from which it is done. These philosophers contend that moral
actions are those for which an agent can be held responsible. To say this is to imply that they are
actions which the agent intended to do. It is thus not behavior per se which is capable of being right
or wrong, but behavior which results from one’s intensions and conscious motives. This explains why
we do not morally condemn a doctor who inadvertently kills a patient during an operation. According
to the critics, it is thus clear that no moral action can be evaluated as right or wrong apart from some
consideration of the agent’s intension in performing.
Deontological derives from the word deontology, which refers to the theory or study of moral
commitment. Deontological theories maintain that the morality of an action depends on factors other
than its consequences, and that is why these theories are alternatively called nonconsequentialist
theories.
Deontological theory is the direct opposite of the consequentialist or teleological theory that you
studied in the previous unit. As you recall from you lesson in Unit 3, consequentialist or teleological
theories morality (that is, rightness or wrongness) of actions is determined by their consequences.
According to the non-consequentialist or deontological theories, on the contrary, morality of an action
is determined by factors other than consequences. According to these theories what makes an action
right or wrong is the actor’s conformity to his or her duty. An actors duty has nothing at all to do with
what might or might not happen – is the duty is not connected with the result or the consequence of
an action. Hence, whereas consequentialist/teleological ethics is one that emphasizes on the results of
actions as the tests of their rightness, nonconsequentialist/deontological ethics is one that emphasizes
on the performance of duty, rather than results, as the sign of right action.
The most influential nonconsequentialist theories can best be categorized either as proposing a single
rule that govern human conduct or proposing multiple rules. Two significant single-rule
nonconsequentialist theories are Kantian theory and Divine Command theory. What are these two
ethical theories? You will first study about Kantian ethics and next the Divine Command theory.
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4.4 Kantian (duty) ethics
Immanuel Kant (1724-1804) is the philosopher and an ethical theorist .Kantian ethics is the ethical
theory of Immanuel Kant. It is the theory that emphasizes the performance of duty as the criteria of
morality and that is why it is alternatively called duty ethics. The third alternative name for Kantian
ethics is “categorical imperative” or the ethics of “categorical imperative”. This is because, as you
will see later, categorical imperative is the most central concept in Kant’s ethical theory.
His ethic is composed of a variety of deontological ethics as opposed to teleological ethics. As we

have seen the teleological theory of ethics is one which emphasizes the intended consequences or
results of actions as the criterion of their rightness. That is, “such and such is the right action because
it produces such and such results.” On the contrary, the Kantian ethics holds that “the consequences
or results of your actions have nothing at all to do with their rightness or wrongness.” Here the
criterion is not what might or might not happen, but the intent to perform one’s duty or obligation.
Because they stress the nations of duty and obligation, these theories are sometimes described as duty
ethics.
The nature of morality as unconditional
The age of enlightenment saw a questioning of religion and traditional values, including morality. As
a result, philosophers needed to base moral systems on justifiable grounds. Kant is one of such
philosophers. His moral system is based on rationality. It attempts to show how any rational being
would agree to universal moral laws. Its influence is enormous and modern philosophers still use
Kant’s ideas as a starting point for discussions on morality.
The attempt of Kant is to make morality unconditional, i.e. not conditioned by self interest, majority
interest, consequences, and the like. To that end, he makes distinction between conditional “ought
“and unconditional “ought”. Kant does this because morality must be necessary and universal, that is,
it must be absolutely binding, and absolutely binding on everyone alike: whoever you are, whatever
your situation, you ought to do X. but the conditional “ought” involves “ifs” and “ in order that” and
therefore gets mixed up with all sorts of particular circumstances, changing desires, personal
inclinations.
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Good will as the basis of morality
According to the nature of morality, Kant eliminates from the start any suggestion that morality can
be based on our natural states and inclinations (gifts of nature) including pleasure or happiness. He
eliminates all innate gifts (such as intelligence, wit and courage) or the accidental gifts (such as
power, wealth, and honor). They cannot be the basis of morality because none of them are absolute
goods, or because they do not have intrinsic or unconditional value; moreover, any one of them could
be corrupted or turned to be evil. There must be more than these and which is absolutely and
unconditionally good. And this is something that all other things depend on for their goodness, and
without which they would become corrupted and turned into evil.
Kant defined good will as “an intention to act in accordance with the moral law” and moral law is
what it is no matter what everything else. Good will is, in other words, to act only out of respect for
what is right and not for any other reason. To act out of good will is, then, to do something because it
is right to do it, and for no other reason. This would be rational morality.
! “Nothing in the world – indeed nothing beyond the world – can possibly be
conceived which could be good without qualification except a good will.” I.

Kant
To put differently, by will Kant meant the uniquely human capacity to act according to the concepts
behind laws – that is, principles presumably operating in nature. A good will, therefore, acts in
accordance with nature’s laws. For Kant a will could be called good without qualification only if it
always had in view one principle: whether the maxim of its action could become a universal law. This
is the standard which is crucial part of Kant’s theory of ethics. Kant formalizes this principle of all
morality in the categorical imperative, which you will find immediately below.
! Natural law is a pattern of necessary and universal regularity holding in physical ration.
It is also a moral imperative, a description of what ought to happen in human relationships.
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Kant’s Categorical Imperative
He holds that the fundamental principle at the basis of all our moral duties is categorical imperative,
one of the most famous and important concepts in the history of ethics. The categorical imperative is
the fundamental principle of morality according to him. It is imperative because it is a command.
More precisely, it commands us to exercise our wills in a particular way, not to perform some action
or other. It is categorical in virtue of applying to us unconditionally, or simply because we possess
rational wills, without reference to any ends that we might or might not have. It does not, in other
words, apply to us on the condition that we have antecedently adopted some goal for ourselves.
Categorical imperative as a test of moral actions

The categorical imperative is a test of moral actions. How? Before starting a certain course of action I
must ask: Does universalizing the principle of my action result in (practical) contradiction? If so, the
action fails the test and must be rejected as immoral. In other words, the ability to universalize (apply
to everyone) the rule by which we act in a given situation is a sufficient guarantee of the morality of
our action, or that it is being done out of respect for the moral law alone.
For Kant human beings, as moral agents, are rational and autonomous (free to make choices). He
thinks that as rational beings we are able to judge whether an action is moral by asking if the action is
consistent with the categorical imperative. One formulation of the categorical imperative is, “Act only
according to that maxim by which you can at the same time will that it should become a universal
law.” What Kant means by this is that the way we judge an action to be moral is to universalize it: If I
want to know whether telling a lie on a particular occasion is justifiable, I must try to imagine what
would happen if everyone was to lie. Kant thinks that any rational being would agree a world in
which there is no lying is preferable to one in which lying is common. In a society where lying is
common no one would trust the word of anyone else.
Different versions of the categorical imperative

Kant provided several formulations of the categorical imperative, one of which is the one stated
above. These are different versions of the same fundamental principle of morality. Certainly, they
overlap with one another, and they suggest important and differing ways in which the fundamental
principle may be viewed and applied.
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A second formulation of the categorical imperative is: “Act only so that the will through its maxims
could regard itself at the same time as making universal laws.”
Still another formulation of Kant’s categorical imperative is: “Always act to treat humanity, whether
yourself or others, as an end in itself, never merely as a means”. What Kant means by this is that a
rational being should not be used as a means to another person’s happiness; if we use another person
as a means to our ends then we have removed that person’s autonomy.
!Tree versions of Kant’s categorical imperative

1. “Act only according to that maxim by which you can at the same time will that it should
become a universal law.”
2. “Act only so that the will through its maxims could regard itself at the same time as
making universal laws.”
3. “Always act to treat humanity, whether yourself or others, as an end in itself, never
merely as a means”.
Alternative approach to Kant’s theory

Kant’s theory is known to be highly complex. To make the matter simpler one must use different
approaches. And one of the possible alternative approaches is to base the discussion of the major
questions that Kant attempts to answer.
To bring out the essential features of Kantian ethics, we have to center around Kant’s efforts to
answer the question, “What is the good life for man?” and How do we determine morality of an
action? Or “How can we tell whether our actions are morally right?” However, Kant’s answer to the
question “When does a person have a moral worth?” Or, formulated alternatively, “What
distinguishes a person of virtue from a person who is not virtuous?” will take us to the heart of his
moral theory.
Kant’s answer, in brief, is that what determines a person to be morally worthy is not what he does,
but why he does it. A man who repays debts out of the fear of imprisonment is not a virtuous person,
according to Kant, even though he does what he ought to do; nor is a man morally worthy who pays
debt because he is inclined to do so. Kant describes the former person as acting from “prudential
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considerations” and the latter as acting “in accord with duty”, not “from duty”. Insofar as a person
acts from such considerations, he is not virtuous. An agent has moral worth only when he recognizes
that he ought to act in a certain way because it is his duty to do so. One who takes care of his children
properly, because he understands that he is under obligation to do so and is motivated by this
consideration, is a person of virtue.
For the deontologist Kant, the rightness or wrongness of an action has nothing to do with its
consequences (unlike the consequentialist theories). The question of whether an act is right or wrong
arises only if there is some obligation on the part of the agent to do it; that is, if in relevant
circumstances, one could properly say to the agent, “It is your duty to do so and so”. Therefore, an
action is right if it ought to be done in those circumstances, and wrong, given those circumstances, if
it ought not to be done.
Kant’s view can therefore be summarized as maintaining that a morally good person is a person of
“good will” – a man who acts “out of reverence for duty”. To act in this way is always to act in a
morally justifiable manner, for as Kant says: “Nothing in the world – indeed nothing beyond the
world – can possibly be conceived which could be good without qualification except a good will”.
These remarks bring us to the heart of Kant’s theory and enable us to answer the first of Kant’s
fundamental questions, “What is the good life for man?” The highest good, as Kant conceives it, is a
product of two elements: personal happiness and the possession of a virtuous character.
4.5 Divine command theory

This theory is one of the two significant single-rule nonconsequentialist normative theories, the other
being Kantian theory which you studied above. It is the theory that says we should always do the will
of God.
According to the religious view of human nature, particularly the Judo-Christian tradition, humans
are made in the image of God. They are essentially divine beings, because they contain something of
the self-consciousness and ability to love that characterizes their Creator. This ability to love is the
distinguishing character of the religious view. Where are as the Greeks (particularly Socrates, Plato
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and Aristotle) held that only those capable of attaining theoretical and moral knowledge could realize
the purpose of living, the divine view contends that the two purposes of life – loving God and serving
God – are open to all regardless of intelligence. The single personal God created man in His own
image; that is, He endowed His creation with self-consciousness and the ability to love. This ability is
what makes humans unique.
The religious view on human nature fosters the following view of self: First, since the universe is the
expression of an intelligent mind (God), believers may see themselves as part of a universe whose
meaning and purpose they personally share through fellowship with God. One’s purpose in life,
therefore, is found in loving and serving God.
The religious view also fosters the concept of a moral self: Each of us is capable of great good, but
also of great evil. When we refuse to love and serve God, we commit our greatest evil. This refusal is
expressed in various ways such as injustice, vanity, pride, and dishonesty.
Thus, in contrast to the Greek belief that we must develop our rational powers to perceive the moral
order in the universe, the divine view holds that intelligence is no prerequisite for a moral sense. We
do well when we make God the centre of our lives; we do wrong when we retreat from this
commitment. We are rational, but what makes us unique is our divine likeness.
Divine command theory is, therefore, a single-rule nonconsequentialist normative theory that says
that we should always do the will of God. In other words, whatever the situation, if we do what God
wills, then we do the right thing; if we do not do what God wills, then no matter what the
consequences, we do wrong.
Notice that this theory does not state that we should obey God’s law because we will, thereby,
promote our own or the general good. Perhaps we may accomplish these ends, but the sole
justification for obeying God’s law is that God wills it. The theory also does not defend the morality
of an action by promising some supernatural reward to the faithful; that is, though the faithful may be
rewarded for his/her moral actions, egoistic actions do not justify morality according to the divine
command theorists.
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Indeed, divine command theorists would see no intrinsic worth or value in such things as pleasure,
power, or knowledge; instead they propose something like a union with God as taking the form of
heavenly salvation. The great Christian theologian and philosopher Thomas Aquinas, wring in one of
his famous ethical works, Summa Contra Gentiles, refers to the human’s ultimate happiness as being
the contemplation of God. He arrives at this conclusion after arguing that human happiness does not
consist in wealth worldly power, or sensual pleasures.
Checklist
 You have know complete the fourth unit and you need to check whether have understood the

I choose the best answer from the alternatives given to each question
1. Which of the following is most relevant for Kant’s theory of morality?
A. the well being of society
B. consequences of actions
C. duty
D hypothetical imperative
E. none of the above
2. For Kant, the only truly good thing is
A. Categorical imperative
B. Hypothetical imperative
C. Good will
D. Happiness
E. Pleasure
3. Which of the following could be an alternative for Kant’s “categorical imperative”?
A. good will
B. the principle of universalizibility
C. priori knowledge
D. posteriori knowledge
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4. As a consequence of action is to teleological theory _________________________ is to
deontological theory.
A. result of action
B. the end of action
C. the nature of action
D. performance of duty
5. What is the ultimate goal of human endeavors according to the divine command theory?
A. pleasure
B. wealth
C. power
D. all of the above

Nonconsequentialist (deontological) theory
Kantian/duty ethics,
Categorical imperative
Hypothetical imperative
Good will
Happiness (according to Kant)
Divine command theory
A priori
III Say true or false

1 Kantian ethics is an example of teleological ethical theories.
2. The purpose of life is found in loving and serving God, according to the religious view
of human nature.
3. Good will is the highest of all goods, according to Kant.
4. Divine command theory states that we should obey God’s law because we will,
thereby, promote our own or the general good.
5. In the final analysis, man’s ultimate happiness consists in the contemplation of God,
according to Thomas Aquinas.
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IV Questions for reflection and comprehension
1. Why Kant’s basic principle of morality called the “categorical imperative”?
How does the categorical imperative become the test for moral action?
2. What do you think of the effort to establish morality on purely a priori foundation?
Do you believe in objective moral law?
3. The Ten Commandments are good examples are said to be good examples of the God-
established laws of morality. Can you think of other examples of similar assumption?
References
of morality, Chapter 19 (pp 416-429)
Vincent Barry (1980) Philosophy: A Text With Readings. (Chapter 3, Ethics, pp. 44-78 ; 113-124)
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UNIT 5
WHAT IS CIVIC EDUCATION
Contents
5.1 Introduction
5.2 Aims and Objective
5.3 Definition and Subject Matter of Civic Education
5.4 The ultimate goal of civics
5.5 The importance of civic education
5.6 Check your progress
References
5.1 Introduction
Dear student! Civic Education is very important to produce good citizens enable participate in the
public life of a democracy, identify and use their rights and to discharge their responsibilities and
duties with the necessary knowledge and skills that they acquire for their own and their country.
Its’ aim is equipping citizens with the necessary knowledge that enable them to be informed,
responsible, competent and active participant in all the three life aspects (political, social and
economic). After having the necessary knowledge and skill citizens are expected to develop attitude.
5.2 Objectives
Dear learner! The main objective of this unit is to explain the very nature, essence and intention of
civic education. And tries to give you the reason why you learn civics. It helps to exercise, self
administration, as democratic citizens we need to enjoy those rights that allow and encourage us to be
active participant. The most important political right, reserved to citizens is the right to participate in
governing their nation.
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 Identify and explain what civic education means
 Explain the goals of civic education
 Explain the purposes and uses of learning civics.
 Describe the interdependence between active participation of citizens and
 Building democratic system
 Discuss goal of civics.
 Understand the multi-disciplinary nature of civic education
5.3 DEFINATION AND SUBJECT MATTER OF CIVIC EDUCATION
Dear learner! The term came from Latin and civics means a citizen or free individual belonging to a
political community. The Latin term civis specifically refers to free native individuals belonging to a
civitas. Civitas is a Latin term, from which the English word city is derived, signified not merely
urban center or local municipality but the state or the political community as a whole. In the ancient
time the Greek small political units (city-states) were known as civitas. The inhabitants particularly
who were native and adult were termed as citvis.
Civics as a multi-disciplinary study, specifically deals with the following issues

 The meaning and essence of citizens and citizenship.
 Ways of acquiring citizenship.
 How law is made, executed and interpreted.
 The nature and importance of constitution.
 The structures of state
 Theories concerning the essence, origin and development of state
 Forms of government
 Rights, duties and responsibilities of citizens, government bodies and their officials.
 The growing multi dimensional interdependence of nations of the world.
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5.4 THE ULTIMATE GOAL OF CIVICS
When citizens actively participate in their own socio-economic and political affairs it is important for
the realization of a healthy democratic system. Democracy is a political system in which people are
decision makers on their own affairs. It is a system in which people exercise self administration (self
governance). Self administration demands the active participation of citizens. The participation
should not be for the sake of participation, but for the purpose of bringing change (betterment) in the
society.
The ultimate goal of civics is to enable students to participate competently and responsibly in the
monitoring and influencing of public policy. Democratic self government means that citizens are
actively involved in their own governance; they do not just passively accept the authoritative saying,
statement, or pronouncement of others. In a genuine democratic system citizens are expected to be
critical thinkers. They critically examine the government policy, behavior and activities. And when
ever need arises they influence the law making processes
5.5 THE IMPORTANCE OF CIVIC EDUCATION

To promote the development of democratic values and institutions requires careful attention
assiduous cultivation. Civic education aims at producing such kind of citizens who are competent,
vigilant, informed, and responsible citizens.
The active participation of citizens in their own socio-economic and political affairs is vitally
important for the realization of a healthy democratic system. Citizens require the necessary
knowledge, awareness and skills in order to actively participate in the political, economic and social
affairs. Taking civic education course involves acquiring the necessary knowledge, skill, and attitudes
for the students to become, active participant and responsible citizens. And it can play a significant
role democracy building with in a given country.
! Studying civic education is helpful because it enables citizens to

 have knowledge of democratic principles
 develop skills in interpreting political, social and economic activities and
 communication
 know concepts of democracy and citizenship;
 develop attitudes related to trust in government institutions, the nation, and
 Women’s Political Rights
 Effectively participate in civic-related and other aspects of their life.
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Checklist
 You have know complete the fifth unit and you need to check whether have understood the
5.6 SELF ATTEMPT QUESTION

I. Select the best answer among the given alternatives.
1. Civic education does not borrow ideas or theories from one of the following science. Which one
is that?
A. Economics C. Anthropology
B. Sociology D. Philosophy
2. Why are vigilant, informed, responsible and active citizens needed in a democratic society?
Because
A. in the system citizens administer themselves

B. they control the activity and behavior of their government
C. they can properly enjoy their rights and discharge their duties and responsibility
D. all of the above
3. As citizen is to civis ______ to civitas

A. state
B. political community
C. citizenship
D. none
4. All of the followings are uses of studying civic education except
A. It help us to know how government operates

B. It enables us to develop the skill of protecting our rights and involving in political
activities
C. Developing political, social and economic awareness
D. None
5. Which of the followings refer(s) to democracy?
A. It is a government of the people
B. It allows little participation of the people
C. It is a political system in which people are decision makers
D. A& B
E. A&C
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6. One of the following is not the purpose of civic education. Identify that one?
A. It focuses at enabling citizens to be competent, responsible, active participant

B. Providing the citizens with the necessary knowledge and skill that make them
capable of participating in different dimension of social life
C. Establishing a self-governing society
D. None
II. MATCHING ITEM

A B
1. Free people A. self-governance
2. Democracy B. Civis
3. Civic education C. Political community
4. State D. Civics
5. The Greek city states E. Civitas
F. minority rule
G. multi-disciplinary study
H. government
III.Define the following terms
Civic Democracy Rule of Law

Civic education Government Self-governance
Civic Participation Political Community State
Citizen
IV Questions for reflection
1. Why are citizens required to be watchful, alert, actively involving in the decision making process,
in democracy?
2. What kind of democratic system do you imagine in which the people are passive recipient of
orders?
REFERENCE
1. R.Ball Alan Modern Politics and Government Hong Kong, 1978.

2. H.Street, Freedom of the Individual and the Law, Great Britain, 1972.
3. R.Robert Calling All Citizens, 1952.
4. R.S.Peter, Ethics and Education, London, 1987.
5. C.Aleeds, Political Studies, 1975.
6. Odera H.Oruka The Philosophy of Liberty, USA 1976
7. W.E.Barker. Social Political Theory
8. Kassaye Amare (2003) Fundamental Principle of Civic Education(ii)
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UNIT 6
THE STATE AND GOVERNMENT
CONTENTES
6.1Introduction
6.2 Objectives
6.3 Origin and Essence of State.
- Definition of State
- Theories of state
- Divine Right Theory
- Social Contract Theory
- The Marxist Theory
- The Conquest Theory of the State
6.4 Structure of state
6.5 Forms of Government
6.6 State Organs
References
6.1 INTRODUCTION
Dear learner! The concept state has been understood, interpreted and defined in different ways, by
political philosophers and even by lay persons or non-scholars. Some of the questions raised by those
prominent philosophers are: What political system is more preferable and why? When, why and how
state came in to existence? What are the essence and functions of state? Who should rule and based
on what? Where does the political legitimacy rulers emanate from? Etc.
In this unit we will discuss important concepts like criticizes, state, territory, people, sovereignty and
government. And also, the interrelation among the above mentioned concepts, implicitly and
explicitly will be explained.
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6.2 OBJECTIVES
Dear student! At the end of this lesson students will be able to
 identify the elements of state and explain each and their interdependence relation.
 explain the difference between state and government.
 explain the different philosophical theories, concerning the origin and purpose of state.
 compare and contrast the purpose and functions of government in different political
systems.
 explain how participation is related to the purpose of our constitutional government.
 discuss the advantages and disadvantages of political participation.
 explain ways of acquiring citizenship.
 understand the importance of rule of law and exercise it.
6.3 ORIGION AND ESSENCE OF STATE
 Dear student how do define state by your own word?

Definition of State
Dear learner! The term state is interchangeably used with nation, country, land and government. To
some extent, the interchangeable usage of these concepts, substituting state is possible. In our day to
day life we use these terms interchangeably; that means one substituting the other. In casual language,
the idea of a "state" and a "country" are usually regarded as synonymous, although some speakers
make efforts to use "country" or "nation" for the sovereign entities. Others would primarily
understand "the State" as a synonym for "the Government ", or be careful to distinguish between a
territorial "country” and a "nation” of people. Generally, defined as “a state is an organized body of
people occupying a defined territory and living under a government entirely free from external
control.” Let us see each and examine th e difference among them.
I. Country:It is the geographical area that includes the landmass (plateau, plain land, mountain, hill
etc.) and water bodies (river, lake, sea, ponds etc.)/ Generally, it refers to the physical features.
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II. Nation:Nation designates a people. Actually in common usage the two words (Nation and State)
are exchangeable. In scholarly discussion there is a distinction especially when this topic is discussed
As Defined by the New Oxford Dictionary of English, “A Nation is a large aggregate of people
united by common descent, history and culture inhabiting a particular territory”.
A ‘people’ is also the problematic concept of a group of humans which are united by some common
factor. The sum total of individuals who have permanent existence; sharing common cultural
elements makes people. When individuals live collectively together, in a given area, they develop
tradition, custom, belief, language moral codes that evaluate the action and behavior of the members
and more or less similar way of life. Every member of a group acts and behaves according to the
normally or usually accepted ways. So, a mere sum total of individuals do not make people. It is the
existence of culture that makes possible the existence of people. People, that share more or less
similar cultural elements are designated as nation. This is true in the case of Ethiopia particularly in
the present time.
III. Land: Land may be used for "a country and its people" but also thought of as country
belonging to a nation or a monarch. For instance, in the ancient time, the present time northern part of
Ethiopia, Eritrea, and the western part of Yemen was ruled by queen Maceda or commonly known as
queen of Sheba, this area was called land of Sheba. So, Sheba refers to both the people and the
geographical area.
IV. Government: Government is the administrative agent of a state. It is responsible to execute the
laws. It is simply the law enforcing body. The State was a jurisdictional claim to territorial
sovereignty that persisted through time. The Government was the actual agency that acted to carry out
the laws, decrees and proclamations of the State. Thus, the Government might change from time to
time. It is the most dynamic element of state. Ethiopia experienced different governments or
administration systems. Through the development of state formation, Ethiopia had exposure to
different types of governments, but the state Ethiopia remains unchanged. The government of
Ethiopia in the reign Emperor Haileselassei I was different from that of the Derge period and the
present time government. Each government has its own features and ways of implementing laws. In
the present Ethiopia, the Government at Federal level is the Council of Ministers established and
headed by the Prime Minister.
49
The following Convention, in America provides us with working definition of state. The criteria for
statehood are generally accepted to be those set out in Article 1 of the Montevideo Convention
Signed at Montevideo on 26 December 1933 and entered into force on 26 December 1934.
The first article of the convention is read as follows,
The state should possess the following qualifications:
(a) A permanent population;
(b) A defined territory;
(c) Government; and
(d) Capacity to enter into relations with the other states.
There is still a controversy over the definition and essence of state. A major issue in defining state is
the difference between the constitutive and declarative theories of recognition of states. According to
the constitutive theory, a state exists only insofar as it is recognized by other states. The declarative
theory, by contrast, holds that the existence of a state is independent of its recognition by other states.
Which theory is correct is a controversial issue in international law.
 FOUR ATTRIBUTES (ELEMENTS) OF THE STATE
Traditional theories of international politics attribute four Characteristics to the state a fixed territory
a specific population, a government recognized as legitimate, and sovereignty over its territory and
population.
Territory: The presence of a distinct territory with in fixed bounders is the basic element of the state.
Boundaries are intended to be as clear as possible, surveyors plot out exact lines not only on the land,
but also through inland waters that form part of the border under contemporary international law the
territory of the state is considered to extend to the oceans, air space, and the various resources.
Population: The population of the state consists of two groups, citizens and aliens Citizens are
persons formally recognized under law as having membership in the state. The population of a state
may also include aliens, inhabitants who are not citizens of the state. According to international law,
states are entitled to admit or exclude aliens, but must observe standards of decent treatment toward
those who are admitted.
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Government: The third attribute of statehood is the possession of on effective government capable of
extending its authority throughout the territory of the state. Traditional theories of the state emphasize
that the government must be effective capable of exercising real control over the territory and
population, and must be viewed by the majority of the population as legitimate legitimacy requires
that the government be considered morally acceptable according to prevailing political norms.
Sovereignty: According to the theory of sovereignty, there is no higher authority above that of the
government of the state, and the state possesses supreme decision-making power with in its territory.
In other words, sovereignty means that the state is the supreme power, subject to the rule neither of
some external power nor of a rival power with in its own boundary.
 Theories of state
Throughout the history of political philosophy, the meaning, purpose, function and origin of state
have been perplexing problems that were critically analyzed by the philosophers existed in different
periods. In the coming sub-division of the unit you will study different political philosophers' theories
concerning the essence and origin of state.
Historically, when political thinkers have attempted to discover the essential nature of 'the State' and
whether it has legitimacy, they have looked to the origins of that institution for answers. In general,
there are four basic and somewhat overlapping theories of how the State originated. Each theory
carries different implications for the State's relationship to Society and individual citizens.
 Divine Right Theory
The first theory is a supernatural one which claims that the State, or at least a certain ruler, is in place
through the will of God. State and its institutions, according to this theory, are natural product. They
are purposefully instituted by God/s or Heavens/Divinity. In short the Super Natural entity created
the State, other institution like prisons, courts, police and military force etc. and appoints rules who
are placed to fulfill the will of the Creator.
This theory results in theocracy and the Divine Right of Kings. The Divine Right of Kings is a phrase
which refers to European political and religious doctrines of political absolutism. These are largely,
51
though not exclusively, associated with the mediaeval era, based on contemporary Christian belief
that a monarch owed his rule to the will of God, not to the will of people, parliament, the aristocracy
or any other competing authority and that any attempt to depose a monarch or to restrict his powers
ran contrary to the will of God. Both the 1931 and 1955(The Revised) constitution of Ethiopia
described the blood line and the divine legitimacy of the emperor. The following two articles (2nd and
4th Articles) are extracted of the Revised Constitution.
ARTICLE 2
The imperial dignity shall remain perpetually attached to the line of Haile
Sellassie I, descendant of King Sahle Sellassie, whose line descends without
interruption from the dynasty of Menlik I, son of the Queen of Ethiopia, the
Queen of Sheba, and king Solomon of Jerusalem.
ARTICLE 4
By virtue of His Imperial blood, as well as by the anointing which He has
received, the person of the Emperor is sacred. His dignity is inviolable and His
power indisputable. He is, consequently, entitled to all the honors due to Him in
accordance with tradition and the present Constitution. Any on so bold as to seek
to injure the Emperor will be punished.
From the above two articles we can understand that the source of political legitimacy (the reason why
people accept the authority of Monarchs) is Divinity. The people had no right to question, resist or
oppose the authority of the monarch, because he had Imperial blood and elected of God. Revolting
against the monarch means, revolting against God.
The following Articles of the constitution indicate that the people were subjects (ruled persons)
ARTICLE 45.
Ethiopian subjects shall have the right, in accordance with the conditions prescribed by law, to
assemble peaceably and without arms.
ARTICLE 47.
Every Ethiopian subjects has the right to engage in any occupation and, to that end, to form or join
associations in accordance with the law.
ARTICLE 49.
No Ethiopian subject may be banished from the Empire.
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In the Epistle to the Romans, ch. 13, St. Paul wrote that earthly rulers, even though they may not be
Christians, have been appointed by God to their places of power for the purpose of punishing
evildoers. St. Augustine, the prominent Christian philosopher in the medieval period, modified these
emphases in his work The City of God. While the City of Man and the City of God may stand at
cross-purposes, both of them have been instituted by God and served His ultimate will. God (or
Heavens/Divine power) has a "purpose" in creating the State, which is the establish God's rule on
earth; that is, "God's kingdom on earth". Even though the City of Man --- the world of secular
government --- may seem ungodly and be governed by sinners, even so, it has been placed on earth
for the protection of the City of God. Therefore, monarchs have been placed on their thrones for
God's purpose, and to question their authority is to question God.
- Examples of States that have justified themselves as creations of

Divine/Heavens/Gods/Religion
- Christian States of Europe in the medieval period
- Rome and Roman Empire under Caesars
- Many Native American empires of Central/South America
- The State in China from ancient times to early 1900s
- The State in Japan from ancient times to the 1945
 Social Contract Theory
Social Contract Theory is the view that human beings' moral and/or political obligations are
dependent upon a contract or agreement between them to form state.
What in your opinion is the main purpose of government?

How should government get the authority or right to make laws telling
people what they can and cannot do?
What should the people have the right to do if their government does not
serve the purposes for which it was created? Why should they have this
right?
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According to this theory human beings for the purpose of securing their life they deliberately agreed
to establish law , law enforcing institutions like police force, court, prison center etc and there by the
state. State is not created. It is a result of the development of society. Social Contract, agreement by
which human beings are said to have abandoned the "state of nature" in order to form the society in
which they now live. Hobbes, Locke and J.J Rousseau, each developed differing versions of the
social contract, but all agreed that certain freedoms had been surrendered for society's protection and
that the government has definite responsibilities to its citizens.
Socrates uses something quite like a social contract argument in the early Platonic dialogue, Crito,
Socrates makes a compelling argument as to why he must stay in prison and accept the death penalty,
rather than escape and go into exile in another Greek city.
! We admit of no government by divine right...the only legitimate right to govern is

an express grant of power from the governed.
William Henry Harrison (1773 - 1841)

U.S. president
Inaugural presidential address
He personifies the Laws of Athens, and, speaking in their voice, explains that he has acquired an
overwhelming obligation to obey the Laws because they have made his entire way of life, and even
the fact of his very existence, possible. They made it possible for his mother and father to marry, and
therefore to have legitimate children, including himself. Having been born, the city of Athens,
through its laws, then required that his father care for and educate him. However, Social Contract
Theory is rightly associated with modern moral and political theory and is given its first full
exposition and defense by Thomas Hobbes. After Hobbes, John Locke and Jean-Jacques Rousseau
are the best known proponents of this enormously influential theory, which has been one of the most
dominant theories within moral and political theory throughout the history of the modern West. This
theory is now widely implemented in many democratic nations of the world including Ethiopia.
54
A. Thomas Hobbes
Thomas Hobbes, (1588-1679), rejects the theory of the Divine Right of Kings or the Natural Power of
Kings. Its’ view held that a king’s authority was invested in him (or, presumably, her) by God, that
such authority was absolute, and therefore that the basis of political obligation lay in our obligation to
obey God absolutely. According to this view, then, political obligation is subsumed under religious
obligation. He argues, radically for his times, that political authority and obligation are based on the
individual self-interests of members of society who are understood to be equal to one another, with no
single individual invested with any essential authority to rule over the rest. At the same time, he
maintained the conservative position that the monarch, which he called the Sovereign, must have
absolute authority if society is to survive.
Hobbes' political theory is best understood if taken in two parts: his theory of human motivation,
Psychological Egoism, and his theory of the social contract, founded on the hypothetical State of
Nature. Hobbes has, first and foremost, a particular theory of human nature, which gives rise to a
particular view of morality and politics, as developed in his philosophical masterpiece, Leviathan,
published in 1651. The Scientific Revolution, with its important new discoveries that the universe
could be both described and predicted in accordance with universal laws of nature, greatly influenced
Hobbes. He sought to provide a theory of human nature that would parallel the discoveries being
made in the sciences of the inanimate universe. His psychological theory is therefore informed by
mechanism, the general view that everything in the universe is produced by nothing other than matter
in motion. According to Hobbes, this extends to human behavior. Human macro-behavior can be
aptly described as the effect of certain kinds of micro-behavior, even though some of this latter
behavior is invisible to us. So, such behaviors as walking, talking, and the like are themselves
produced by other actions inside of us. And these other actions are themselves caused by the
interaction of our bodies with other bodies, human or otherwise, which create in us certain chains of
causes and effects, and which eventually give rise to the human behavior that we can plainly observe.
We, including all of our actions and choices, are then, according to this view, as explainable in terms
of universal laws of nature as are the motions of heavenly bodies. The gradual disintegration of
memory, for example, can be explained by inertia. As we are presented with ever more sensory
information, the residue of earlier impressions ‘slows down' over time. From Hobbes’ point of view,
we are essentially very complicated organic machines, responding to the stimuli of the world
mechanistically and in accordance with universal laws of human nature.
55
In Hobbes' view, this mechanistic quality of human psychology implies the subjective nature of
normative claims. ‘Love’ and ‘hate’, for instance, are just words we use to describe the things we are
drawn to and repelled by, respectively. So, too, the terms ‘good’ and ‘bad’ have no meaning other
than to describe our appetites and aversions. Moral terms do not, therefore, describe some objective
state of affairs, but are rather reflections of individual tastes and preferences.
In addition to Subjectivism, Hobbes also infers from his mechanistic theory of human nature that
humans are necessarily and exclusively self-interested. Human beings are self- centered. All men
pursue only what they perceive to be in their own individually considered best interests - they
respond mechanistically by being drawn to that which they desire and repelled by that to which they
are averse. This is a universal claim: it is meant to cover all human actions under all circumstances –
in society or out of it, with regard to strangers and friends alike, with regard to small ends and the
most generalized of human desires, such as the desire for power and status. Everything we do is
motivated solely by the desire to better our own situations, and satisfy as many of our own,
individually considered desires as possible. We are infinitely appetitive and only genuinely concerned
with our own selves. According to Hobbes, even the reason that adults care for small children can be
explicated in terms of the adults' own self-interest (he claims that in saving an infant by caring for it,
we become the recipient of a strong sense of obligation in one who has been helped to survive rather
than allowed to die).
According to Hobbes, the justification for political obligation is this: given that men are naturally
self-interested, yet they are rational, they will choose to submit to the authority of a Sovereign in
order to be able to live in a civil society, which is conducive to their own interests. Thus the origin of
state is the desire of human beings to abandon the State of Nature and enter in to agreement to form a
state under the despotic monarch. Hobbes argues for this by imagining men in their natural state, or in
other words, the State of Nature. In the State of Nature, which is purely hypothetical according to
Hobbes, men are naturally and exclusively self-interested, they are more or less equal to one another,
(even the strongest man can be killed in his sleep), there are limited resources, and yet there is no
power able to force men to cooperate. Given these conditions in the State of Nature, Hobbes
concludes that the State of Nature would be unbearably brutal. In the State of Nature, every person is
always in fear of losing his life to another. In such condition men find themselves in the absence of
freedom, security and peace. They have no capacity to ensure the long-term satisfaction of their
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needs or desires. No long-term or complex cooperation is possible because the State of Nature can be
aptly described as a state of utter distrust. Given Hobbes' reasonable assumption that most people
want first and foremost to avoid their own deaths, he concludes that the State of Nature is the worst
possible situation in which men can find themselves. It is the state of perpetual and unavoidable war.
It is a situation in which every one is the enemy of every other. His Leviathan (1651) presents a bleak
picture of human beings in the state of nature, where life is "nasty, brutish, and short." Fear of violent
death is the principal motive that causes people to create a state, contracting to surrender their natural
rights and to submit to the absolute authority of a sovereign.
The situation is not, however, hopeless. Because men are reasonable, they can see their way out of
such a state by recognizing the laws of nature, which show them the means by which to escape the
State of Nature and create a civil society. The first and most important law of nature commands that
each man be willing to pursue peace when others are willing to do the same, all the while retaining
the right to continue to pursue war when others do not pursue peace. Being reasonable, and
recognizing the rationality of this basic precept of reason, men can be expected to construct a Social
Contract that will afford them a life other than that available to them in the State of Nature. This
contract is constituted by two distinguishable contracts. First, they must agree to establish society by
collectively and reciprocally renouncing the rights they had against one another in the State of Nature.
Second, they must imbue some one person or assembly of persons with the authority and power to
enforce the initial contract. In other words, to ensure their escape from the State of Nature, they must
both agree to live together under common laws, and create an enforcement mechanism for the social
contract and the laws that constitute it. Since the sovereign is invested with the authority and power to
mete out punishments for breaches of the contract which are worse than not being able to act as one
pleases, men have good, albeit self-interested, reason to adjust themselves to the artifice of morality
in general, and justice in particular. Society becomes possible because, whereas in the State of Nature
there was no power able to "overawe them all", now there is an artificially and conventionally
superior and more powerful person who can force men to cooperate. While living under the authority
of a Sovereign can be harsh (Hobbes argues that because men's passions can be expected to
overwhelm their reason, the Sovereign must have absolute authority in order for the contract to be
successful) it is at least better than living in the State of Nature. And, no matter how much we may
object to how poorly a Sovereign manages the affairs of the state and regulates our own lives, we are
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never justified in resisting his power because it is the only thing which stands between us and what
we most want to avoid, the State of Nature.
According to this argument, morality, politics, society, and everything that comes along with it, all of
which Hobbes calls ‘commodious living' are purely conventional. Prior to the establishment of the
basic social contract, according to which men agree to live together and the contract to embody a
Sovereign with absolute authority, nothing is immoral or unjust - anything goes. After these contracts
are established, however, then society becomes possible, and people can be expected to keep their
promises, cooperate with one another, and so on. The Social Contract is the most fundamental source
of all that is good and that which we depend upon to live well. Our choice is either to abide by the
terms of the contract, or return to the State of Nature, which Hobbes argues no reasonable person
could possibly prefer. Reason led men to abandon their previous worst condition of life, in the State
of Nature and agree to establish ordered life in a state. In a state there is no fear of death, no
insecurity, no lack of peace, etc
B. John Locke
According to John Locke, 1632-1704, the State of Nature is a very different type of place, and so his
argument concerning the social contract and the nature of men's relationship to authority are
consequently quite different. While Locke uses Hobbes’ methodological device of the State of
Nature, as do virtually all social contract theorists, he uses it to a quite different end. Locke’s
arguments for the social contract and for the right of citizens to revolt against their king were
enormously influential on the democratic revolutions that followed, especially on Thomas Jefferson,
and the founders of the United States.
His most important and influential political writings are contained in his Two Treatises on
Government. The first treatise is concerned almost exclusively with the argument intended to prove
that political authority was derived from religious authority, also known by the description of the
Divine Right of Kings was wrong. The second treatise contains Locke’s own constructive view of the
aims and justification for civil government, and is titled "An Essay Concerning the True Original
Extent and End of Civil Government".
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According to Locke, the State of Nature, the natural condition of mankind, is a state of perfect and
complete liberty to conduct one's life as one best sees fit, free from the interference of others. This
does not mean, however, that it is a state of license: one is not free to do anything at all one please, or
even anything that one judges to be in one’s interest. The State of Nature, although a state wherein
there is no civil authority or government to punish people for transgressions against laws, is not a
state without morality. The State of Nature is pre-political, but it is not pre-moral. Persons are
assumed to be equal to one another in such a state, and therefore equally capable of discovering and
being bound by the Law of Nature. The Law of Nature, which is on Locke’s view the basis of all
morality, and given to us by God, commands that we not harm others with regards to their "life,
health, liberty, or possessions" (par. 6). Because we all belong equally to God, and because we cannot
take away that which is rightfully His, we are prohibited from harming one another. So, the State of
Nature is a statue of liberty where persons are free to pursue their own interests and plans, free from
interference, and, because of the Law of Nature and the restrictions that it imposes upon persons, it is
relatively peaceful.
Property plays an essential role in Locke's argument for civil government and the contract that
establishes it. According to Locke, private property is created when a person mixes his labor with the
raw materials of nature. So, for example, when one tills a piece of land in nature, and makes it into a
piece of farmland, which produces food, then one has a claim to own that piece of land and the food
produced upon it. Given the implications of the Law of Nature, there are limits as to how much
property one can own: one is not allowed to take so more from nature than oneself can use, thereby
leaving others without enough for themselves. Because nature is given to all of mankind by God for
its common subsistence, one cannot take more than his own fair share. Property is the linchpin of
Locke’s argument for the social contract and civil government because it is the protection of their
property, including their property in their own bodies that men seek when they decide to abandon the
State of Nature.
Locke believed that, the State of Nature is not a condition of individuals, as it is for Hobbes. Rather, it
is populated by mothers and fathers with their children, or families - what he calls "conjugal society".
These societies are based on the voluntary agreements to care for children together, and they are
moral but not political. Political society comes into being when individual men, representing their
families, come together in the State of Nature and agree to each give up the executive power to
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punish those who transgress the Law of Nature, and hand over that power to the public power of a
government. Having done this, they then become subject to the will of the majority. In other words,
by making a compact to leave the State of Nature and form society, they make “one body politic
under one government” and submit themselves to the will of that body. One joins such a body, either
from its beginnings, or after it has already been established by others, only by explicit consent.
Because Locke did not envision the State of Nature as grimly as did Hobbes, he can imagine
conditions under which one would be better off rejecting a particular civil government and returning
to the State of Nature, with the aim of constructing a better civil government in its place. It is
therefore both the view of human nature, and the nature of morality itself, which account for the
differences between Hobbes' and Locke’s views of the social contract.
C. Jean-Jacques Rousseau
Jean-Jacques Rousseau (1712-1778) wrote during what was arguably the headiest period in the
intellectual history of modern France--the Enlightenment. He was one of the bright lights of that
intellectual movement.
He has two distinct social contract theories. The first is found in his essay, Discourse on the Origin
and Foundations of Inequality among Men, commonly referred to as the Second Discourse, and is an
account of the moral and political evolution of human beings over time, from a State of Nature to
modern society. As such it contains his naturalized account of the social contract, which he sees as
very problematic. The second is his normative or idealized theory of the social contract, and is meant
to provide the means by which to alleviate the problems that modern society has created for us, as
laid out in the Second Discourse.
Rousseau wrote his Second Discourse in response to an essay contest sponsored by the Academy of
Dijon. (Rousseau had previously won the same essay contest with an earlier essay, commonly
referred to as the First Discourse.) In it he describes the historical process by which man began in a
State of Nature and over time ‘progressed' into civil society. According to Rousseau, the State of
Nature was a peaceful and quixotic time. People lived solitary, uncomplicated lives. Their few needs
were easily satisfied by nature. Because of the abundance of nature and the small size of the
population, competition was non-existent, and persons rarely even saw one another, much less had
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reason for conflict or fear. Moreover, these simple, morally pure persons were naturally endowed
with the capacity for pity, and therefore were not inclined to bring harm to one another.
According to Rousseau, was the invention of private property, which constituted the pivotal moment
in humanity's evolution out of a simple, pure state into one characterized by greed, competition,
vanity, inequality, and vice. For Rousseau the invention of property constitutes humanity’s ‘fall from
grace’ out of the State of Nature.
Having introduced private property, initial conditions of inequality became more pronounced. Some
have property and others are forced to work for them, and the development of social classes begins.
Eventually, those who have property notice that it would be in their interests to create a government
that would protect private property from those who do not have it but can see that they might be able
to acquire it by force. So, government gets established, through a contract, which purports to
guarantee equality and protection for all, even though its true purpose is to fossilize the very
inequalities that private property has produced. In other words, the contract, which claims to be in the
interests of everyone equally, is really in the interests of the few who have become stronger and richer
as a result of the developments of private property. This is the naturalized social contract, which
Rousseau views as responsible for the conflict and competition from which modern society suffers.
The normative social contract, argued for by Rousseau in The Social Contract (1762), is meant to
respond to this sorry state of affairs and to remedy the social and moral ills that have been produced
by the development of society. The distinction between history and justification, between the factual
situation of mankind and how it ought to live together, is of the utmost importance to Rousseau.
While we ought not to ignore history, nor ignore the causes of the problems we face, we must resolve
those problems through our capacity to choose how we ought to live. Might never make right, despite
how often it pretends that it can.
Rousseau says, "Man was born free, and he is everywhere in chains". Humans are essentially free,
and were free in the State of Nature, but the ‘progress' of civilization has substituted subservience to
others for that freedom, through dependence, economic and social inequalities, and the extent to
which we judge ourselves through comparisons with others. Since a return to the State of Nature is
neither feasible nor desirable, the purpose of politics is to restore freedom to us, thereby reconciling
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who we truly and essentially are with how we live together. So, this is the fundamental philosophical
problem that The Social Contract seeks to address: how can we be free and live together? Or, put
another way, how can we live together without succumbing to the force and coercion of others? We
can do so, Rousseau maintains, by submitting our individual, particular wills to the collective or
general will, created through agreement with other free and equal persons. Like Hobbes and Locke
before him, and in contrast to the ancient philosophers, all men are made by nature to be equals,
therefore no one has a natural right to govern others, and therefore the only justified authority is the
authority that is generated out of agreements or covenants.
The most basic covenant, the social pact, is the agreement to come together and form a people, a
collectivity, which by definition is more than and different from a mere aggregation of individual
interests and wills. This act, where individual persons become a people is "the real foundation of
society”. Through the collective renunciation of the individual rights and freedom that one has in the
State of Nature, and the transfer of these rights to the collective body, a new ‘person', as it were, is
formed. The sovereign is thus formed when free and equal persons come together and agree to create
themselves anew as a single body, directed to the good of all considered together. So, just as
individual wills are directed towards individual interests, the general will, once formed, is directed
towards the common good, understood and agreed to collectively. Included in this version of the
social contract is the idea of reciprocated duties: the sovereign is committed to the good of the
individuals who constitute it, and each individual is likewise committed to the good of the whole.
Given this, individuals cannot be given liberty to decide whether it is in their own interests to fulfill
their duties to the sovereign, while at the same time being allowed to reap the benefits of citizenship.
They must be made to conform themselves to the general will, they must be “forced to be free”.
Rousseau's social contract theories together form a single, consistent view of our moral and political
situation. We are endowed with freedom and equality by nature, but our nature has been corrupted by
our contingent social history. We can overcome this corruption, however, by invoking our free will to
reconstitute ourselves politically, along strongly democratic principles, which is good for us, both
individually and collectively.
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D. The Marxist Theory
The Marxist and the fourth theories are ones of conflict or straggle. The Marxist theory claims that
the State emerges due to internal warfare within the Society. Karl Marx popularized this view by
analyzing the State as an agency of class warfare by which the capitalists controlled the workers. For
Marx and his belief in inevitable class conflict, the State is an expression and protector of one
segment of Society at the expense of another segment. Marx and Engels asserted that the key to
understanding human culture history and the essence of state was the struggle between the classes.
They used the term class to refer to a group of people within society who share the same social and
economic status. The classes are antagonistic. According to Marx and Engels, class struggles have
occurred in every form of society, no matter what its economic structure, or mode of production:
slavery, feudalism, or capitalism. In each of these kinds of societies, a minority of people own or
control the means of production, such as land, raw materials, tools and machines, labor, and money.
This minority constitutes the ruling class. The vast majority of people own and control very little.
They mainly own their own capacity to work. The ruling class uses its economic power to exploit
workers by appropriating their surplus labor.
Marx, in order to understand the origin, essence and function of state, studied the selected past and
capitalist societies’ social, economic and political conditions. Marx in his analysis introduced five
social systems: primitive social system, slave owning, feudalism, capitalism, socialism and the last
social system communism, which is the Marxist dream. According to Marxists, state appeared at a
certain evolutionary development human society. State came in to existence with the appearance of
private property in the slave owning system. Private property resulted in the class division
(propertied, the slave master and property less, the slave). A state is a machine for the maintenance of
the domination of one class over another. Thus, when private property is abolished and when and
where there will be no class division (in a communist society) state gradually ‘weathers away’. Since
in the classless society (Communism) in which property is owned communally, the state has no
function of defending the economic interest of any class. At last, it brings about the no more existence
of the state.
The state did not always exist. Until the appearance of classes the state did not exist. In developed
communism there will be no state. Thus, state has historical beginning and end (in the communism).
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What is the earliest social system in which there was no class division and state? What were the
features of the society?
Prior to class division there appeared division of labor, in the antiquity societies (primitive societies).
At last, social division of labor gave birth to social classes division.
In other words, the emergence of the state is a product of the social division of labor. In the primitive
societies, the division of labor was based on nature. It was between males and females. So long as this
social division of labor is only at elementary or level, all members of the society in turn exercise
practically all its functions. There is no state. There are no special state functions.
In the primitive communal society, there is no private property. Any thing that is important for the
members belongs to the community. It is a communal and egalitarian society, in which everyone is at
equal status and enjoys communal property.
In the feudal society the feudal lord, and only he, exercises throughout his domain all the functions
enumerated above, functions that had devolved on the adult collectivity in primitive societies.
This feudal lord is the absolute master of his realm. He is the only one who has the right to bear arms
at all times; he is the only policeman, the only constable; he is the sole judge; he is the only one who
has the right to coin money; he is the sole minister of finance. He exercises throughout his domain all
the classic functions performed by a state as we know it today.
 What does the feudal lord then do?

He partially delegates his powers to others - but not to free men, since the latter belong to a social
class in opposition to the seigniorial class. The feudal lord delegates part of his power to people
completely under his control: serfs who are part of his domestic staff. Their servile origin is reflected
in many present-day titles: “constable” comes from comes stabuli, head serf of the stables; “minister”
is the serf ministrable, i.e., the serf assigned by the lord to minister to his needs - to act as his
attendant, servant, assistant, agent etc.; “marshal” is the serf who takes care of the carriages, the
horses, etc. (from marah scalc, Old High German for keeper of the horses).
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Needless to say, in the course of the evolution of society, the function of the state becomes much
more complex, with many more nuances, than it is in a feudal regime such as we have just very
schematically described.
 The modern bourgeois state

This new society is no longer dominated by feudal lords but by capitalism, by modern capitalists. As
we know, the monetary needs of the modern state - the new central power, more or less absolute
monarchy - become greater and greater, from the fifteenth to sixteenth century onward. It is the
money of the capitalists, of the merchant and commercial bankers, that in large part fills the coffers of
the state.
Ever since that time, to the extent that the capitalists pay for the upkeep of the state, they will demand
that the latter place itself completely at their service. They will make this quite clearly felt and
understood by the very nature of the laws they enact and by the institutions they create.
Several institutions which today appear democratic in nature, for example the parliamentary
institution, clearly reveal the class nature of the bourgeois state. Thus, in most of the countries in
which parliamentarianism was instituted, only the bourgeoisie had the right to vote. This state of
affairs lasted in most Western countries until the end of the last century or even the beginning of the
twentieth century. Universal suffrage is, as we can see, of relatively recent invention in the history of
capitalism.
The parliamentary institution is a typical example of the very direct very mechanical bond that exists
- even in the bourgeois state - between the domination of the ruling class and the exercise of state
power.
There are other examples. Let us look at the jury in the judicial system. The jury (a group of people,
usually twelve people, chosen to give a verdict (jury decision) on a legal case that is presented before
them in a court of law) appears to be an institution eminently democratic in character, especially
when compared to the administration of justice by irremovable judges, all members of the ruling class
over whom the people have no control.
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But from what social layer were - and still in very large measure today, are - the members of a jury
chosen? From the bourgeoisie, there were even special qualifications, comparable to property-holding
requirements for voting, for being able to sit on a jury - a juror had to be a homeowner, pay a certain
amount of taxes, etc. To illustrate this very direct link between the machinery of the state and the
ruling class in the bourgeois era. The parliament of Ethiopia in the reign of Emperor Haileselassie I
had such nature. Who were the members of the parliament, legislators? The then parliament was
bicameral (A parliament with two legislative chambers: having two separate and distinct lawmaking
assemblies) in its structure. The two chambers were Chamber of Deputy (“Yehege Memeria Meker
Bet”) and Chamber of the Senate (“Yehege Mewesegna Meker Bet”). Both chambers were composed
of nobilities, lords, princes, high rank persons, gentle men from well to do families etc. Serfs, the
majority were not represented in the parliament nor had totally the right to be elected. The 1955
constitution of Ethiopia explicitly shows that privet property or wealth was important requirement to
join the parliament. Article 96 and 103 are dedicated to separate the eligible’s from the nonstarters to
be parliamentarians. Article 96 prohibits those who are without property, to be the members of the
Chamber of Deputy. It says;
ARTICLE 96
To be eligible as a Deputy, a person must be, by birth, an Ethiopian subject who:
(a) has reached the age of twenty-five years;
(b) is a bona fide resident and owner of property in his electoral district, to the extent repaired
by the electoral law; and
(c) is not disqualified under any provision of the electoral law.
Among the legal requirements (age, property, nationality and loyalty to the Emperor) property is the
most difficult one to possess. Property was owned by few lords, princes, nobilities and the like
The majority of Ethiopian population was land or property less. These few propertied privileged
persons occupy sits in the parliament discuss issues, make laws and polices. Do you think that the
laws made by the propertied people reflect the interest of the majority, the property less? Never at all.
The laws made by the parliamentarians and the above two articles are not intended to satisfy the
majority or the poor. The propertied class uses the parliament as a means of fulfilling their desire.
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The appearance and withering away of law, similar to the appearance and withering of the state, is
connected with two extremely important historical limitations. Law (and the state) appears with the
division of society into classes. Passing through a long path of development, full of revolutionary
leaps and qualitative changes, law and the state will wither away under communism as a result of the
disappearance of classes and of all survivals of class society.
To sum up, the state for Marxism is a special organ that appears at a certain moment in the historical
evolution of mankind and that is condemned to disappear in the course of this same evolution. It is
born from the division of society into classes and will disappear at the same time that this division
disappears. It is not the agreement of the people as the consent theory says rather disagreement or
internal conflict between the antagonistic classes that gave birth to the state. It is born as an
instrument in the hands of the possessing class for the purpose of maintaining the domination of this
class over society, and it will disappear along with this class domination.
 The Conquest Theory of the State
All great civilizations, in their early stages, are based on success in war.
Kenneth Clark (1903 - 1983)

British art historian
Civilization
The conquest theory of the state stands in sharp contrast to the preceding social contract theory, and
attempts to ground the primitive State in historical fact rather than political conjecture. A common
expression of the conquest theory runs as follows: originally there were agricultural tribes who settled
in certain areas where they became dependent upon the land. Roving nomads, who were perhaps
herders, waged war on the more sedentary tribes for the obvious economic benefits to be gained. At
first, the nomads killed and pillaged, but they discovered it was in their long term economic interests
to enslave and extract tribute from the conquered people instead. This is used as the basic model for
how the institution of the State arose.
The advocates of this theory believed that material need was the prime motivator of human beings
and that progress is produced by economic causes, not by political ones.
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The 19th-20th century German sociologist Franz Oppenheimer spearheaded an analysis of these key
terms in his classic work The State. Oppenheimer defined the State, "I mean by it that summation of
privileges and dominating positions which are brought into being by extra-economic power....I mean
by Society, the totality of concepts of all purely natural relations and institutions between man and
man..."(xxxiii). (1) He contrasted what he terms 'the political means' with 'the economic means' of
acquiring wealth or power. The State uses the political means -- in other words, force -- to plunder
and exploit Society which used the economic means -- in other words, co-operation. The State may
be considered to be a continuing act of war committed against Society by a separate group. Thus, the
State was the enemy of Society.
Oppenheimer identified the two basic means by which men satisfy their material needs: through their
own labor or through expropriating the labor of others. The former is the economic means: the latter
is the political means.
Oppenheimer discovered the origin of the State within the 'economic impulse of man' -- or, rather,
within those men who wished to satisfy this impulse through the political means. He posited six
stages through which a conquering group typically passes in order to become a State. At first, a
warlike group raids and plunders another vulnerable one. Second, the victimized group ceases to
actively resist. In response, the raiders now merely plunder the surplus, leaving their victims alive and
with enough food to ensure the production of future plunder. Eventually, the two groups come to
acknowledge mutual interests, such as protecting the crops from a third tribe. Third, the victims offer
tribute to the raiders, eliminating the need for violence. Fourth, the two groups merge territorially.
Fifth, the warlike group assumes the right to arbitrate disputes.
Oppenheimer described the last stage in which both groups develop the 'habit of rule':
"The two groups, separated to begin with, and then united on one territory, are at first merely laid
alongside one another, then are scattered through one another...soon the bonds of relations united the
upper and lower strata."
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Thus the State that originated from external conquest evolves into one of continuing internal conquest
by which one group -- or a coalition of groups -- use the political means to attain wealth and power at
the expense of those who actually labor. The State arises and maintains itself as the enemy of Society.
Although the conquest theory has much greater historical validity than the consent theory, debate
continues as to what implication the origin of the State has upon the legitimacy of current states.
Do you see any similarity between the Marxist and conquest theory of the state?
Oppenheimer's position may resemble Marx's but there are at least two key differences.
1. He contends that, however the State may evolve, its origin is to be found in external conflict, not an
internal one. For Marx the origin of state is internal conflict between the propertied and property less
section of the society. But for the conquest theory the source of state is external conflict; that is, the
powerful ones control the weak.
2. He defines two classes as entirely separate entities -- those who use the political means (the State)
and those who use the economic means (Society), thus removing the inevitability of conflict within
Society. The State is an imposed cost upon Society, not an inevitable result of internal conflict.
6.4 structure of state

The states of the world are different in different ways. Their difference might be because of either
their structure (how power is distributed), the form of government (how the top official is selected)
that they have, the type of ideology that they use in order to the leaders have political legitimacy, how
and for how long the important public officials or the representatives of the people are elected.
Political legitimacy is the willingness of the population to accept decisions of the state, its
government and courts, which go against personal choices or interests.If the leaders are periodically
elected, the state in question is a republic. On the other hand if the head of the state is a monarch, it
will be believed that he (king) or she (queen) had divine right. As it has been mentioned above, in a
monarchic system of government the head of the state is elected by God to rule the subjects till the
time of his or her death. There is no periodic election. The next diagram may help us to observe the
different characteristics of the state.
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Forms of State
Structure o f Forms of Politico- legal system

State Government (Ideology)
Dictatorship Monarchic
Unita Presidenti
ry al
Federal Parliamentar Democrati Republ

y c ic
Confederal Semi-presidential
(A) Unitary state structure
It is a type of state in which a constitution vests all governmental power in the central government.
Most countries are unitary systems, with laws giving virtually all authority to the central government.
The central government may delegate duties to cities or other administrative units, but it retains final
authority and can retract any tasks it has delegated.
This type of state structure is appropriate in relatively homogenous society; that means, where there is
no a great disparity in terms of language, culture, religion etc. in the society. It is also appropriate in
geographically compact country. The central government in a unitary system is much more powerful
than the central government in a federal system. Cameroon, France, Italy, Japan, Kenya, Morocco,
South Korea, Sweden, Uruguay and Ethiopia, during the reign of Emperor Haile Selassie and Reign
of Dergue are examples of unitary systems.
(b) Federal State Structure

The word federal comes from the Latin term fidere, meaning “to trust.” Countries with federal
political systems have both a central government and governments based in smaller political units,
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usually called states, provinces, or territories. These smaller political units surrender some of their
political power to the central government, relying on it to act for the common good.
In federalism a constitution distributes powers between a central government and sub divisional
governments, giving to both substantial responsibilities and powers, including the power to collect
taxes and to pass and enforce laws regulating the conduct of individuals.
This state structure is common in the nations which have heterogeneous society and that are not
geographically compact (that is not easy for centralized administration). In a state whose people are
diversified in terms of ethnicity, language, tradition, custom, way of life, psychological make-up, etc.
implementing federal state structure is advisable.
In this state structure dual jurisdictions and dual systems of government exist. In a federal system,
laws are made both by state, provincial, or territorial governments and by a central government. In the
United States, for example, people who live in the state of Ohio must obey the laws made by the Ohio
legislature and the Congress of the United States. In Canada, residents of the province of Québec
follow the laws made by Québec’s legislature and those made by the Canadian parliament. The same
holds also true in Ethiopia, for example, the residents of the Oromia regional state are obedient to
both the federal state law and the Oromia regional state law.
The division of powers is set down in written constitution. The mere existence of both national and
state governments does not make a system federal. What is important is that a constitution divides
governmental powers between the national government and the constituent governments, giving
substantial functions to each.
In USA constitutional court exists to settle disputes between the two levels of government. In the
existing Ethiopia this is done by the House of Federation whose main task is interpreting the
constitution. In a federal system of government, neither the federal government nor the state
government has the right to take away power and authority constitutionally belonging to the other.
In the United States the subunits are called states (of which there are 50 Fifty) in Germany Lander
(10), in Austria also Lander (9) in Canada provinces (10) in Switzerland, cantons (26) in Ethiopia
also state or Kilele (9)
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Federal political systems divide power and resources between central and regional governments. The
balance of power between the two levels of government varies from country to country, but most
federal systems grant substantial autonomy to state or provincial governments. Central governments
decide issues that concern the whole country, such as organizing an army, building major roads, and
making treaties with other countries. In addition to the United States, Canada and Ethiopia countries
that are considered federalist include Australia, Brazil, Germany, India, Malaysia, Mexico, Nigeria,
and Switzerland.
(C) Confederal state structure
It is the kind state in which sovereign nations by a constitutional compact create a Central
government but carefully limit the power of the central government and do not give it the power to
regulate the conduct of individuals directly. A confederation is similar to a federal system but gives
less power to the central government. This political concept refers to a union of sovereign states each
of which is free to act independently. Some times this is termed as loose federation. The loose
alliances of countries or other political entities that make up a confederation seek to cooperate with
one another while retaining ultimate control of their own internal policies. Unlike federal systems,
confederations usually give each member nation absolute control over its citizens and territory. The
central government decides only issues that affect all members of the confederation.
6.5 FORMS OF GOVERNMENT

Regarding how the law should be implemented and what would be the power and function of the
head of state and head of government whatever government is one of these:
1. Presidential form of government

2. Parliamentary form of government
3. Semi-presidential form of government
1. Presidential form of government

It is a system of government that features a president as the nation's head of state and active chief
executive authority. The term is usually used in contrast to a parliamentary system.
72
According to this system, the central principle is that the legislative and executive branches of
government should be separate. This leads to the separate election by the electorate or an electoral
college of the president, who is elected to office for a fixed term of office, and only removable in
extreme cases for gross misdeamour by impeachment and dismissal. In addition he or she does not
need to choose cabinet members from or commanding the support of, a parliamentary majority.
In a presidential system, the president usually has special privileges in the enactment of legislation,
namely the possession of a power of veto over legislation of bills, in some cases subject to the power
of parliament by weighed majority to over-ride the veto. However, it is extremely rare for the
president to have the power to directly propose laws, or cast a vote on legislation. The legislature and
the president are thus expected to serve as a check on each other's powers. The fact that a presidential
system separates the executive from the legislature is sometimes held up as an advantage, in that each
branch may scrutinize the actions of the other. In a parliamentary system, the executive is drawn from
the legislature, making criticism of one by the other considerably less likely. According to supporters
of the presidential system, the lack of checks and balances means that misconduct by a prime minister
may never be discovered.
In this system, the legislature and the president have equally valid mandates from the public.
Presidential governments also make no distinction between the positions of Head of Government and
Head of State, both of which are held by the president. While many parliamentary governments have
a symbolic president or monarch whose constitutional prerogatives may generally be exercised by the
Prime Minister, presidents in presidential systems are always active participants in the political
process, and never symbolic figurehead, though the extent of their relative power or powerlessness
may be influenced by the political makeup of parliament, and whether their supporters or opponents
are dominant. In some presidential systems such as South Korea or the Republic of China (on
Taiwan), there is an office of the Prime Minister or premier, but unlike semi-presidential or
parliamentary systems, the premier is responsible to the president rather than to the legislature.
Countries with Presidential systems include the United States, Mexico, and most nations in South
America.
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2. Parliamentary form of government
In short it is a multi-party form of government in which the executive branch (the Cabinet) is
formally dependent on the Parliament's acceptance. The Cabinet, or single members thereof, can be
removed by the Parliament through a vote of non-confidence. In addition, the executive branch can
dissolve the legislature and call extra-ordinary elections. There is no clear-cut separation between the
Parliament (the legislature) and the other branches of government.
The leader of the executive Cabinet, the Prime Minister is usually the head of government - at least in
practice. In most parliamentary systems the Prime Minister and the members of Cabinet are also
members of the legislature. The leader of the leading party in the Parliament is often appointed to
Prime Minister. This is also true in the present Ethiopia.
Under the parliamentary system the roles of head of state and head government are more or less
separated. In most parliamentary systems, the head of state is generally a ceremonial position, often a
monarch or president, however sometimes retaining duties without much political relevance, such as
Civil Service appointments. In many (but not all) parliamentary systems, the head of state may have
reserve powers which are usable in a crisis. In most cases however, such powers are either by
convention or by constitutional rule only exercised upon the advice and approval of the head of
government.
Parliamentary systems vary as to the degree to which they have a formal written constitution and the
degree to which that constitution describes the day to day working of the government. They also vary
as to the number of parties within the system and the dynamics between the parties. Also, relations
between the central government and local governments vary in parliamentary systems; they may be
federal or unitary states.
In contrast in parliamentary systems, government is usually carried out by a cabinet headed by a
Prime Minister who in many instances are members of parliament, are directly accountable to
parliament and may by parliamentary vote be dismissed.
A fusion of power exists between the legislative and the executive in which the executive is not
independently elected as in a presidential system, but instead is elected by the members of the
majority party or parties in the legislature,
74
At the heart of the parliamentary system is the concept of responsible government cabinet
responsibility to the legislature the prime minister and the
3. Semi-presidential form of government
System in that it has a president who is not a ceremonial figurehead and it differs from the
presidential system in that it has an executive prime minister who has some responsibility to the
legislature.
How the powers between president and prime minister are divided can vary greatly between
countries. For example, in France the president is responsible for foreign policy and the prime
minister for domestic policy. In this case, the division of power between the prime minister and the
president is not explicitly stated in the constitution, but has evolved as a political convention.
Semi-presidential systems are sometimes characterized by periods of tense cohabitation, in which the
prime minister and president are elected separately, and often from rival parties. This can create an
effective system of checks and balances or a period of bitter stonewalling, depending on the attitudes
of the two leaders, the ideologies of their parties, or the demands of their constituencies. Some current
nations that feature semi-presidential systems include: France, Finland, Peru, Russia, and South
Korea.
6.6 STATE ORIGION
Dear learner! As I try to mention earlier, in the second chapter, any democratic state is expected to
have three benches or organs that are separated in power and function have a check and balance
relation. The three branches are (1) Legislative that has power to make laws; (2) Executive is
responsible to implement and administer laws and (3) Judiciary has the task of settling dispute and
interpreting laws.
Legislature: is a branch of government empowered to make, change, or repeal its laws and to levy
and regulate its taxes. Most modern legislatures are representative- composed of many members who
are chosen directly or indirectly by popular vote. Legislatures that provide direct representation are
usually considered more democratic in practice because they are less susceptible to being dominated
by a single faction.
75
Nearly all modern governments have a bicameral, or two-house, legislature. The so-called lower
house is generally elected on a basis of direct representation; and the upper house commonly on a
basis either of indirect representation or of direct representation limited to certain occupational,
territorial, or hereditary categories. The traditional theoretical justification for an upper house is that it
can exercise moderation and delay on legislation by the lower house and thus restrain the effects of
impulsive or excessive fluctuations of public opinion. Some states have unicameral, or single-house,
legislatures. For example, Ethiopia during the time of Derg had unicameral legislature (Shengo)
The various legislatures throughout the world are known by different names, such as Congress,
Parliament, Duma, Assembly and ‘Shengo’. Most are limited in their powers by the Constitution.
Executive (Government): This branch of state (government) has a law administering and
implementing power. According to the 1995 Constitution of Ethiopia, the executive power of the
state is vested in the Council of Ministers, whose head is the Prime Minister. The law is made by the
parliament (the legislative organ) administered and enforced by the Council of Ministers. In the US,
laws are written by the legislative branch (Congress), approved by the president who is the head of
the cabinet (the executive), and subject to interpretation by the judicial branch.
The executive branch has major departments and scores of separate agencies. Executive branch
agencies, departments, and other entities are all bureaucracies—large organizations composed of
clerks, administrators, and other workers. Executive branch bureaucracies disperse funds, manage
programs and police, provide services, and enforce regulations and laws. They also make rules that
have the force of law behind them.
Judiciary: The important task of the judiciary branch is interpreting and setting disputes. This refers
to courts at different levels. In different nations, courts are established to administer the civil and
criminal law. The independency of this organ from any other political organ or institution is very vital
for the realization of a healthy democracy. The present constitution of Ethiopia guarantees the
independency of the judiciary. In the present Ethiopia courts are found in three levels at federal and
regional state level.
The three court levels found at central or federal level and member states level:
1. the First Instance Court
76
2. the Higher Court
3. the Supreme Court
Checklist
 You have know complete the sixth unit and you need to check whether have understood the
6.7 SELF ATTEMPT QUESTIONS
I. Select the best answer 1. Identify the one that best describes the Marxian
theory of the state.
A. The state came in to existence when society is divided in to the antagonistic social classes. The
purpose of the state is to defend the interest of the economically dominant class.
B. The authority of political leaders emanate from the will of God. No authority exists without
God’s permission. The state emerges from consent of God.
C. The state came in to existence due to contractual agreement between the people and
the governing body.
D.The state exists for the purpose of defending the people from external invasion and
any injury in the territory of the state.
2. According to the social contract theory the head of the state is responsible to
A. the people C. parliament

B. the divine power D. either to the parliament or to the people
3. Identify the wrong proposition among the following

A. In the parliamentarian form government the president is directly elected
by the people.
B. The parliament during the time of Emperor Hileselassei I was structured
based on Bi-cameral
77
C. In the presidential system the president acts both as the ceremonial head of
the state and head of government.
D. None of the above.
4. As republic is to the representative of the people ______to the divine power.
A. Democracy C. Monarchy
B. Federal D. Authoritarian
5. Concerning its structure one of the following is different from the others
A. Unitary state B. Federal state

C. Amalgamation state D. Confederal state
II.True or False item
1. According to the social contract theory state theory, state has a historical mission to
serve the economic dominant class of the society to exploit the property less section
of the society.
2. According to the social contract theory, rulers are accountable to the people.
3. The very purpose of government is protecting the rights of citizens.

State Country Legislative
Government Land Executive
Territory Sovereignty Judiciary
People Legitimacy Social contract
Monarch Divine right
IV. Questions for reflection
1. What does the next passage indicate?
“Whenever any form of government becomes destructive of individuals life, liberty and the pursuit of
happiness it is the right of the people to alter or to abolish it.”
2. What conditions must prevail for the people to alter or abolish this type of government
mentioned above. (Question № 1)?
78
REFERENCES
● McDermott, Timothy. Aquinas Selected Writings. New York: Oxford
University Press, 1993.
● McInerny, Ralph. Thomas Aquinas Selected Writings. London:
Penguin Classics, 1998.
● Locke, John, 1690, The Second Treatise of Government, ed. C.B.
MacPerson, Indianapolis: Hackett 1980.
● Marx, Karl, 1875, Critique of the Gotha Program, reprinted in: Marx-
Engels-Werke (MEW) vol. 19, Berlin 1978, and in: Marx-Engels-
Gesamtausgabe (MEGA-B), Berlin 1975 ff., vol. I 25.
● McKerlie, Dennis, 1989, "Equality and Time," Ethics 99 (1989) 274-296,
reprinted in L. Pojman & R. Westmoreland (eds.), Equality. Selected
Readings, Oxford: Oxford University Press 1997
● R.Ball Alan Modern Politics and Government Hong Kong, 1978.
● Progress Publisher, The theory of the State and Law, Moscow, 1987
● R.S.Peter, Ethics and Education, London, 1987.
● The Ethiopian Constitutions (1931, 1955, 1987and 1995)
● Bernard Crick Basic Forms of Government, London, 1975
● Microsoft Encarta Reference Library 2003. 1993-2002 Microsoft Corporation.
● Franz Oppenheimer, The State. New York: Free Life Editions, 1975.
● As quoted in C. Hamilton's introduction to Oppenheimer's The State.
New York: Free Life Editions, 1975,
● Karen I. Vaugh, "John Locke's Theory of Property: Problems of
Interpretation" in Literature of Liberty, Vol.III, No.1,Spring 1980,
79
UNIT 7
CITIZENSHIP
CONTENTS
7.1 Introduction
7.2 Objectives
7.3 The Origin and Definition of the terms Citizen and Citizenship
7.4 Citizenship as the Totality of Rights, Duties and Responsibility
7.5 Full membership of citizens
7.6 Nationals, Citizens and Subjects
7.7 Ways of Acquiring Citizenship
REFERENCES
7.1 INTRODUCTION
Dear learner! Citizen means a legal and political member of the state. The sum total of rights and
duties that an individual has owing to his/her belongingness to certain political community is called
citizenship. In this unit students will be familiar with concepts like citizen, citizenship, subjects, law,
duty, responsibility and rights. The first part is the etymological meaning of citizen and citizenship.
And then an explanation concerning the characteristics of citizens will be presented. Plus to this, the
similarity and difference among the terms nationals, citizens and subjects will be explained.
Citizenship can also be understood as the legal and political relation between the state and citizens. It
is the political little that citizens possess. Finally, it dealing with the two ways and means of acquiring
citizenship.
7.2 OBJECTIVES
As citizens you are charged with some duties and responsibilities, and entitled to some rights which
you enjoy. Those who properly discharge their duties and responsibilities and enjoy their right are
good citizens.
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Dear learner! At the end of this unit you will be able to:
 explain the relation between state and citizens.
 identify and examine some problems likely to arise in situations where there is an absence of
rules or other effective authority.
 explain the definition of the terms citizen and citizenship.
 describe the characteristics of a citizen.
 appreciate and enjoy the advantages of being a citizen.
 take part in a problem-solving activity in which you learn of various forms of political
participation
7.3 THE ORIGION AND DEFINATION OF THE TERMS CITIZEN AND CITIZENSHIP
Encarta Reference Library 2003 E-Encyclopedia defined citizen as “in its most general sense, is an
individual member of a given political society or state; by extension, a citizen is one who owes
allegiance to and may lawfully demand protection from the government of that state.” The more
specific sense of the term citizen is closely in accord with the original meaning of the word. In the
free republics of classical antiquity, the term citizen signified not merely a resident of a town but a
free, governing member of the state, just as the Latin term civitas, from which the English word city
is derived, signified not merely a local municipality but the state as a whole.
As we have seen “Civis “a Latin term that has the English meaning “citizen” refers to those free
individuals who were the full members of the civitas and the right to participate in political decision
making process. Here by full membership we should understand that the term civis was used to refer
those who had the right to participate, directly and fully in the socio-economic and political affairs of
their Civitas, city-state, and political community or state to which they were Civis or citizens.
Aristotle, the ancient Greek philosopher expressed the Greek idea of citizens and citizenship. He
expressed citizens are those free individuals who had the right to participate in both the legislative
and judicial functions of their political community. This right was carefully guarded and was rarely
conferred on anyone of foreign birth.
In ancient Rome two classes of citizens were recognized. The first possessed the rights of citizenship,
including the privilege of voting in the public assembly; the other possessed these rights and the
additional right of holding offices of state. In the first category, the citizens had limited political
81
participation. They were excluded from holding political power in government office. They had no
chance to participate in a direct decision making process except in the case of giving vote. In our
state Ethiopia, the United States and other modern states, citizenship in Rome, although usually
acquired by birth, could also be attained by naturalization, or by special grant of the state.
Naturalization is a way of acquiring citizenship without birth related cases. It requires legal processes
to be a citizen of a given state.
7.4 CITIZENSHIP AS THE TOTALITY OF RIGHTS, DUTIES AND RESPONSIBILITS

Citizens of a given nation are charged with some rights, equalities, freedoms generally, benefits that
citizens enjoy because they are all both human beings and legal as well as political members of a
political community or state. They have also duties and responsibilities that they are required to
discharge, what they have been charged as citizens. Citizens discharge their duties and
responsibilities when they properly fulfill what they are expected to perform by the law of the state.
When somebody charges whatever rechargeable battery he is loading power which enables the device
to accomplish certain tasks. Analogy to this fact, citizen is loaded (charged) with those legal and
moral obligations.
A citizen is a person who is acknowledged as a legal member of a community (usually a nation). A
person obtains this status through birth, the nationality of a parent or parents, or by going through the
“naturalization” process through which he/she is legally made a citizen. It is presumed that a citizen
shows loyalty to a country. Citizenship refers to the status of citizens being a member of a state.
Citizenship implies that people owe allegiance to the government and are entitled to its protection and
political rights. In general, citizen is a legal and political member of the state. And citizenship is the
legal as well as the political status of citizens. Citizenship refers to the political and legal relation that
the citizens have with the state.
7.5 FULL MEMBER SHIP OF CITIZENS
Being a citizen is not merely limited to having a legal document like passport from the country in
which one is born, or being a resident of a particular city, state, or country. But Citizenship implies
certain rights (e.g., legal, economic, political, and social) and also responsibilities, (the well-being, or
common good, of society before private and personal interests.)
Responsibilities can be classified into two areas: personal and civic. Personal responsibilities include
taking care of ones, accepting responsibility for the consequences of one’s actions, taking advantage
82
of opportunities to become educated, and fulfilling responsibilities to one’s family, friends, and
neighbors. Civic responsibilities, on the other hand, comprise obeying laws, respecting the rights and
opinions of others, paying taxes, serving in the military, voting, and being informed and attentive to
the needs of one’s community and nation. Civic responsibility can also include the obligation to be
honest, compassionate, tolerant, fair, trustworthy, and respectful, open minded, and open to
negotiation and compromise.
Responsible citizens are expecting to involve socially and politically. Social activity might require
joining citizens’ groups that are devoted to solving societal problems, such as homelessness, social
relations, or neighborhood crime; social activity could also involve volunteering in a local hospital,
school, homeless shelter, or helping disabled individuals.
But Political activity is quite different from social activity. It refers to more than the simple act of
voting in periodic elections. And it might entail talking about public issues; writing letters to public
official; presenting a problem to a governmental council; staying informed about important issues by
reading the newspaper, listening to television news, or attending public meetings; or getting involved
in a political campaign.
Recent discussions of responsible citizenship have taken on new dimensions and have expanded to
include the concept of worldwide citizenship. As international travel, communication, and exchanges
have become easier and more common, citizens of different countries are becoming more dependent
upon one another. This interdependence has given birth to the notion of world citizenship that is,
being a citizen of the world. In general, as a new type of citizenship, requires new sets of individual
responsibilities.
7.6 NATINALS, CITIZENS AND SUBJECTS
Nationals were classed as citizens and non-citizens in ancient Greece and Rome, with citizens often
forming a minority of the population; this distinction still prevails in some countries.
Nationality is a legal relationship existing between a person and a state. The person becomes subject
to the state's jurisdiction even while not on the state's territory; in exchange the subject becomes
entitled to the state's protection and to other rights as well.
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The nationals of a state generally possess the right to reside in the territory of the state they are
nationals of, though there are some exceptions (e.g. British Nationality Law that made distinction
between subjects and privileged individuals or citizens).
During the monarchic administration, the Ethiopian people were treated as subjects not citizens. The
following articles which are taken from the 1955 Revised Constitution of Ethiopia indicate this fact.
The first Article of Chapter I states…”All Ethiopian subjects, whether living within or without the
Empire, constitute the Ethiopian People”. From this article we can understand that the people of
Ethiopia are all subjects.
Chapter III. Article 38. “There shall be no discrimination amongst Ethiopian subjects with respect to
the enjoyment of all civil rights.” The term ‘Ethiopian subjects’ is found elsewhere in the Revised
Constitution.
The 39th article of Chapter III made distinctions of subjects as it has been made by British
Nationality Law:
1. Born subjects
2. Naturalized subjects.
Chapter III, Article 39. “The law shall determine the condition of acquisition and loss of Ethiopian
nationality and of Ethiopian citizenship”. According to this article Ethiopian nationality refers to born
subjects whereas Ethiopian citizenship refers to naturalized subjects (those who later became subject
to the monarch. The Amharic version of this article translates the later as ‘zegenet’ referring the
naturalized one and the former as ‘tewelagenet’ referring the born subjects.
Nationality must be distinguished from citizenship: citizens have rights to participate in the political
life of the state they are a citizen of, such as by voting or standing for election; while nationals need
not have these rights, though normally they do.
84
Generally, nationality can be acquired by jus soli, jus sanguinis or naturalization. These are discussed
next. A person who is not a national of any state is referred to as a stateless person. The nationality of
a legal person is generally the state under whose laws the legal person is registered.
7.7 WAYS OF ACQUIRING CITIZENSHIP
Different states of the world provide different ways of acquiring citizenship. Generally, acquisition of
citizenship is divided in to two broad categories:
(I) By birth (related to the place of birth of the child or inheriting the citizenship of the parent or
parents).
(II) Naturalization (This refers to any way of acquiring citizenship, other than cases related to
birth). Naturalization is the process whereby a person becomes a national of a nation, or a
citizen of a state other than the one of his birth.
I. Acquisition of Citizenship by birth
It is related to the place of birth of the child or inheriting the citizenship of the parent or parents. The
following are the most commonly known acquisitions of citizenship by birth.
(A) Jus sanguinis (Latin for "right of blood") is a right by which nationality or citizenship can be
recognized to any individual born to a parent who is a national or citizen of that state. It contrasts
with jus soli (Latin for "right of soil").
Usually a practical regulation of the acquisition of nationality or citizenship of a state by birth to a

parent who is already a citizen of the state is provided by a derivative law called lex sanguinis. Most
states provide a specific lex sanguinis, in application of the respective jus sanguinis, but citizenship is
not normally automatically inherited. This is to avoid the creation of generations of overseas citizens
with no real connection with the state, but still being able to claim rights such as immigration and
protection from that state.
Common practice among states at the beginning of the twentieth century was that a woman was to
have the nationality of her husband; thus upon marrying a foreigner she would automatically acquire
the nationality of her husband, and lose her own nationality. Even once the nationality of a married
85
woman was made no longer dependent on the nationality of her husband, legal provisions were still
retained automatically naturalizing married women, and sometimes married men as well. This could
lead to a number of problems, including loss of the spouses' original nationality, the spouse losing the
right to consular assistance (since consular assistance cannot be provided to nationals under the
jurisdiction of a foreign state of which they are also nationals), and becoming subject to military
service obligations.
Article 6 (Chapter I) of the 1995 Constitution of Ethiopia, regarding the Ethiopian nationality, states
as follows:
1. Any person of either sex shall be an Ethiopian national where both or either parent is Ethiopian.
2. Foreign nationals may acquire Ethiopian nationality.
3. Particulars relating to nationality shall be determined by law.
Many states have both lex sanguinis and lex soli, including,Isreal,German, andIreland. Despite this,
the jus sanguinis laws of Israel are sometimes used to link Zionism and racism.
(B) Jus soli (Latin for "right of the territory") is a right by which nationality and citizenship can be
recognized to any individual born in the territory of the related state. It contrasts with sanguinis("right
of blood")
Usually a practical regulation of the acquisition of nationality or citizenship of a state by birth on the
territory of the state is provided by a derivative law called lex soli. Most states provide a specific lex
soli, in application of the respective jus soli, and it is the most common means of acquiring
nationality.
However, increasingly countries are restricting lex soli by requiring that at least one of the child's
parents be a national of the state in question at the child's birth, or a legal permanent resident of the
territory of the state in question at the child's birth, or that the child be a foundling found on the
territory of the state in question.
86
Checklist
 You have know complete unit seven and you need to check whether have understood the basic
concept in this unit. Try all the questions and if answer all questions go to the next unit. If not you
have to go back and read the appropriate section again until you grasp the important points.
7.8 SELF ATTEMPT QUESTIONS

I. Choose the best answer
1. One of the following does not characterize a citizen. Which one of that?
A. citizen is a person who is acknowledged as a legal member of a political
community.
B. A person becomes citizen if she or he is born in the territory of the state.
C. A citizen is a person who belongs to a state and has a status of full participation
in governmental affairs.
D. A person who is legally recognized and full member of the state is the citizen of
the political community.
E. A citizen is a person who resides in the territory of the state.
2. A male child was born in a certain territory and yet he had no chance to be the citizen
of the state in which he was born. From this we can understand , if the parents are not the
citizens of the state where the chilled was born
A. the state does not implement lex soli
B. the child is a naturalized citizen
C. he is a stateless child
D. the state does not implement lex sanguinis
3. What condition determines the child mentioned above (in question № 9)
to acquire the citizenship of the state.
A. The citizenship law of the state
B. The citizenship of his parents
C. The international convention on the rights of the child
D. None of the above
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II. True or False item
1. Citizens are individuals who are found in a dictatorial political system that enjoy their rights
and discharge their duties
2. Subjects as members of a state that don't exercise full rights.
3. A person can get a new citizenship through the method called naturalization.
III.Questions for reflection
1. What does the present constitution of Ethiopia regarding nationality refer to? Is it Jus soli or Jus
sanguine?
2. Can you identify and categories the above articles of the European Convention on Nationality in to
jus sanguine, jus soli and naturalization
3. Citizenship law that states “a child becomes a citizen of the state provided that either
of the two parents or both are the citizens of the state” often is related to racism. Do
you agree with idea? Whether your answer is yes or no give your justification.
IV. Define the following terms

Citizenship Citizen
Subject Lex soli
Jus soli Jus sangunise
Lex sangunise Naturalization
88
REFERENCES
● The Ethiopian Constitutions (1931, 1955, 1987and 1995)
● Microsoft Encarta Reference Library 2003. 1993-2002 Microsoft
Corporation.
● Karen I. Vaugh, "John Locke's Theory of Property: Problems of
Interpretation" in Literature of Liberty, Vol.III, No.1,Spring 1980,
● McKerlie, Dennis, 1989, "Equality and Time," Ethics 99 (1989) 274-296,
reprinted in L. Pojman & R. Westmoreland (eds.), Equality. Selected
Readings, Oxford: Oxford University Press 1997
● Wood, A., 1998, "Kant on Duties Regarding Nonrational Nature"
Proceedings of the Aristotelian Society Supplement, Volume LXXII.
● Benn, Stanley I. & Richard S. Peters, 1959, Social Principles and the
Democratic State, London: Allen & Unwin 1959.
89
UNIT 8
Constitution and Constitutionalism
Contents
8.1 Introduction
8.2 Objectives
8.3 Meaning of Constitution
8.4 Forms of Constitution
8.5 Constitutional Development in Ethiopia
8.6 Constitutionalism
8.8 Selected references
8.1 Introduction
Dear student! This unit tries to describe the ideas about the government and how to protect the basic
rights of people. And also helps to distinguish differences between limited and unlimited government.
You also learn the difference about nations have constitutions, but not constitutional governments
vice versa. The essential characteristics that differentiate constitutional government from autocratic or
dictatorial government include the idea that in a constitutional government the powers of a person or
group in government are limited by a set of laws and/or established customs (a constitution) which
must be obeyed. The constitution is a form of higher law, either written or unwritten that:
 sets forth the basic rights of citizens to life, liberty, and property;
 establishes the responsibility of the government to protect those rights;
 establishes limitations on how those in government may use their power;
 establishes economic, polices; and
 May not be changed without the widespread consent of the citizens.
Finally, you will see the historical development of constitution in Ethiopia.
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8.2 Objectives
Dear learner! At the end of this unit you will be able to:
 explain the concepts of constitution and constitutional government
 explain the essential characteristics of constitutional governments that differentiate them from
autocratic or dictatorial governments
 explain the essential characteristics of a constitution or higher law
 understand and explain the difference between limited and unlimited government, the
difference between written and unwritten constitutions,
 explain why a government with a constitution is not necessarily a constitutional government
 identify and explain the features of constitution
 describe the stages in which a constitution is formulated in a democratic way
 Compare and contrast the provisions and contents of the constitutions that Ethiopia
experienced till the present.
8.3 Meaning of Constitution
Constitution is a basic low of a country that establishes the main organs of a government; describes
their structure, powers and principal functions; and that provides the relation of the government with
the people.
And also constitution gives directions to the country’s foreign policy; the economic, political, and
social policies of a given country are also indicated in the constitution of that country.
In other words, a constitution is a document containing the basic principles on the structure and
distribution of governmental or state power. It establishes the relationship between citizens and the
state. That means it includes the power and responsibility of the government and the rights of
citizens. In that, it specifies the Limits of powers of the government. Constitution is different form
specific laws, because it is the supreme or fundamental law of a given country. As supreme law no
other laws may contradict the constitution. A constitution also provides the major principles to be
respected by any concerned body or organ.
8.4 Forms of Constitution
Generally, forms constitutions are written and unwritten. Let us see each tern by tern.
(A) Constitution: - are constitutions that are found as a single, handy, and readable document. They
are written down with several sections, chapters, articles & sub articles. Some nations of the world
which have written constitutional experience are Ethiopia, USA and India
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(B) Unwritten constitution: - those rules, regulations, declarations and laws passed by either a
parliament or other competent government body at different times and are at the same time not
compiled in a single document.
Examples of state which still experience unwritten constitution are Israel, New Zealand, Saudi Arabia
and United Kingdom (Britain).
What is crucial about constitutions, written or unwritten, is their content and not their form. It is their
content that indicates their respective roles in the consolidation of sate power in t heir societies.
8.5 Constitutional Development in Ethiopia

Until 1974, the political system in Ethiopia was set up on the basis of the divine right of king. One of
those earliest Ethiopian states was the Aksumite state that emerged in the north in first century A.D. It
was during the Aksumite civilization that Christianity was introduced to Ethiopia. Ever since,
Christianity had remained the dominant state religion ideology up to 1974. On the other hand, a
political system of monarchy was established in the very early times in Aksume on the basis of divine
right of kings.
Accordant to the divine right of kings, their rule was meant to be not only secular but also spiritual.
That means they were seen to be as partly human and partly supernatural beings. Such rulers
presented themselves, thus, as the only respected and trusted representative of God for the service of
the ruled or Subjects. With this ideology, they made their people believe and accept kings as
Unquestionable beings who cannot be challenged by the people so their reign is made to Continue,
while their subjects remain to obedient and loyal to them. Religion particularly Christianity served as
the ideology of the state. This, in fact, is far from the truth. It is only a political strategy of enforcing
and strengthening the authority of kings on their subjects. It is the method of influencing the people
not develops challenging attitudes and questioning mentality. As a result, until recent times, public
expressions such as," a king cannot be accused, as the sky cannot be ploughed” were part of the
tradition in our society.
A monarchical system of the divine rule of kings is a type of political rule with the belief that the
right to rule is given only to those who are believed to be born to rule. These are members of the
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families of kings. This political system being justified by the Orthodox Church established the
development of traditional constitution in Ethiopia. The traditional Constitution gave absolute power
to the monarchy over their “Subjects.” The basic traditional documents that used to serve as the
source of tradition constitution are the Fetha Negest, the kibre Negest and the serate Mengist. The
monumental Fetha Negest was basically a codex of Law provding for secular and religious legal
provisions rather than a constitution. The Kibre Negest colorfully wove the legend of a Solomonic
dynasty and there by served certain politico-religious needs of the times in the constitutional process.
The Serate Mengist of the 19thc entury also provided certain administrative and protocol directives
useful to the constitutional process. But none of these were constitutions in the modern sense even
though they were instrumental documents that served specific purposes with in the constitutional
process. Thus it is safe to say that prior to 1931 Ethiopia had no written Constitution.
Before the introduction of the first written and modern constitution in Ethiopia, in 1931 Ethiopia had
constitutional experience, but not a written type. It had unwritten constitutional experience. One
should hasten, though to make the point that the absence of a written constitution does not signify the
absence of a constitution. Indeed, Ethiopia had a sophisticated traditional, unwritten constitution.
Some of the major principles of rule stated in these traditional documents include: Only the
descendants of the Solomonic Dynasty have the divine right to rule, Kings must be members of the
Ethiopian Orthodox Church; only male descendants must be crowned as kings.
Therefore, Ethiopia had a complex traditional Constitutional experience. The change in 1931
involved the introduction not of a constitution, only of a written formal for the constitution.
! The 1931 Constitution: it was the first written constitution in Ethiopian history. This Modern
Written Constitution was introduced in Ethiopia in 1931 by Emperor Haile Selassie I. The
introduction of the Written Constitution however, does not mean that a new philosophy or ideology
was introduced to the Ethiopian political system instead; it was an attempt of simply changing the
unwritten dynastic claim in to a Written form. The fourth Article of the revised (1955) constitution
proves this fact.
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... He [the Emperor] is, consequently, entitled to all the honors due to Him in
accordance with tradition and the present Constitution. Any on so bold as to seek
to injure the Emperor will be punished.
In other words, the 1931 Constitution was founded up on the very idea of the divine right of kings.
You have seen this, in the previous unit that dealt with theory of state. Therefore, it did not; provide
genuine freedom to the Ethiopian peoples. Its main aim was to give the Country and the Imperial rule
on image of modernity. By and large, the measure aimed at guaranteeing the continuity of the rule of
the emperor. This can be clearly seen in the constitution of 1931 that the king was presented as the
representative of God. In the some constitution, the king is presented as Niguse Negest seyume
Egziabher, which literally means king of kings elect of God. Those who were participating in the
political leadership were only the noblemen. Even then, the power was absolutely in the hands of the
Emperor. Generally, the main objectives of the 1931 Constitution were to achieve or get diplomatic
recognition abroad and to strengthen the basis of political legitimacy i.e. to justify the rule of king.
The 1931 Constitution laid foundation for the modern government system such as:
1. Parliament system: The Constitution Created a semblance of a bicameral (two - house) parliament
– upper House and Lower House. The upper House (the senate) was strong Composed of important
members of the nobility selected & appointed by the Emperor. The Lower House (deputies) had on
advisory role, which was composed of individuals elected by the nobility in the upper house
therefore; there was no popular election of any of the members of the Houses.
2. Another innovation of the written constitution was the concept of a fixed annual budget for
government traditionally; authorization on expenditure was carried out through the mazeja- a written
order by the Ministry of pen on the Emperor’s instructions. During Scheduled audiences with the
Emperor, Known as Akabe Saat, individual ministers presented their requests. The Mazeja would
then authorize the transfer of government funds from the Ministry of Finance to respective ministries.
No over-all balance sheet had ever been prepared before the written constitution, which now expected
a Ministry of Finance budget proposal to deliberated up on by the chambers and submitted to the
Emperor for approval-The budget concept never became viable during the life-time of the
constitution of 1931 and remained an embarrassing paper model.
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3. Introduced a ministerial system of government: these were executive bodies which were
responsible to the emperor, not to the parliament. The constitution mentioned both individual and
collective ministerial responsibilities to the Emperor. All power emanates from the sovereign; it is an
inevitable, “logical” outcome of the centralization of power that the one closest to the sovereign
becomes the most influential.
4. Introduced judicial branches: it provided for two separate systems of courts regular courts &
administrative tribunals. The regular court would handle civil and criminal cases. Civil cases
affecting government, however, would be “with drown from the jurisdiction of ordinary (regular)
Courts and placed in the administrative tribunals. The head of the Court was the Emperor.
In general, the 1931 Constitution was Undemocratic because it didn’t give the right to self-
governance, democratic and human rights, fundamental freedom of citizens, nations, nationalities and
people. They remained “Subjects of the king.”
! The Revised Constitution of 195: this constitution was also a grant given by the Emperor to
“his subjects” the emperor has unquestionable power over the executive, the legislative and the
judiciary. The political principles and objectives of the revised constitution was similar to the 1931
Constitution But it was clearer in defining the power and Functions of the government. In that period
the social process had altered to such an extent that The Constitutional frame work provided by the
written constitution was visibly inadequate.
- The world war had affected Ethiopia tremendously
- The short Italian occupation had created closer ties with the out side world. The war had enhanced
the movement of goods, ideas, and people. The Italians left in their wake a modern communication
infrastructure
- In 1945 Ethiopia become a founding member of the United Nations organization
- Political alliances brought western ideas and socio-economic reorientation, Then in 1952 came the
Eritrean Federation. The General Assembly of the United Nations passed a resolution, the federal
Act, by which Eritrea, as an autonomous Unit, came Under the sovereignty of the Ethiopian crown.
This necessitated incorporation of the Federal Act in to the Ethiopian Constitutional system and the
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ratification of the Eritrean Constitution by the newly created Eritrean Representative Assembly and
the Emperor.
The written constitution, on the one hand, and the Federal Act and Eritrean Constitution on the other,
were poles apart in their ideologies and conceptions of government. The federal Act was modeled
after the declaration of Human Rights and contained progressive concepts.
For instance, according to the federal law Eritrea had an elected government while Ethiopia had an
absolute monarchy system. In the some sovereign state there were different political systems. The
Eritrean Constitution was Liberal and granted political and religious diversities and equality while in
Ethiopia political parties were illegal
Thus the legal engineering necessary to make the two systems function was an acrobatic feat. The
revised Constitution therefore, took over. The 1995 revised Constitution however, failed to guarantee
political and human rights of the people. The only individual rights guaranteed were Limited to
property, life and private affairs.
The Constitution of the people’s Democratic Republic of Ethiopia.(The 1987

constitution)
In 1974 there was a popular uprising that leads to the fall of the reign of Emperor Haile Sellasie I and
suspension of the 1955 revised constitution. Under the absolute rule of the Emperor, the large
majority of the Ethiopian societies suffered a great deal. The messes of the Ethiopian peasants
suffered from the economic relation of the Feudal system. The peasants were forced to share to the
land lord up to three-fourth of their small yield in every production cycle. The peasants had no
guarantee of ownership of the land
Due to these different challenges began to surface against the absolute monarchy. Among those
revolves was the 1961 coup d’etat, was not successful and the movement of students with slogan like
“Land to the tiller.” The second was the historical movement, which was based upon the basic
problems and voices of the Ethiopian peoples.
Peasants in different region made rebellions against the Imperial rule. Other forms of the struggle
included several strikes by Teachers, Taxi drivers and other workers. As Living standards
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deteriorated and oppression become worst, the Conditions for a revolution emerged throughout the
country, then, in 1974 the Imperial government was overthrown.
However, the popular Uprising was suppressed by military coup d’etat Known Derg which took
power. The 1955 constitution was suspended and the country was ruled by decrees and proclamation
until 1987. The Junta nationalized all lands, extra houses, industries, commercial farms, private
school etc and monopolized political power.
In 1987, a new constitution was ratified and a new government was formed called people’s
Democratic Republic of Ethiopia (PDRE). The new constitutions justified the power of the junta
(Derg).
The 1987 Constitution was different from the previous constitutions because it was drafted by
popular participation (though limited to voting) which was major contribution for constitutional
development in Ethiopia. It incorporated some democratic principles. It declared the source of the
government to be the National shengo (a legislative body). However in reality the national shengo
was nominal supreme organ of the state. The national shengo led the responsibility to endorse the
election of the presidents and other higher officials.
Recognized the cultural identify and equality of nations and nationalities.
However, the 1987 constitution failed to address the national question in Ethiopia. The state organ
was highly centralized.
The constitution officially took effect on February 22, 1987, when the People's Democratic Republic
of Ethiopia was proclaimed, although it was not until September that the new government was fully
in place and the Provisional Military Administrative Council (PMAC) formally abolished. The
document, which established the normative foundations of the republic, consisted of seventeen
chapters and 119 articles. The preamble traced Ethiopia's origins back to antiquity, proclaimed the
historical heroism of its people, praised the country's substantial natural and human resources, and
pledged to continue the struggle against imperialism, poverty, and hunger. The government's primary
concern was proclaimed to be the country's development through the implementation of the Program
for the National Democratic Revolution (PNDR). In the process, it was assumed that the material and
technical bases necessary for establishing socialism would be created.
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The Social Order
Chapter 1 of the constitution defined Ethiopia's social order. The People's Democratic Republic of
Ethiopia (PDRE) was declared to be "a state of working peasants in which the intelligentsia, the
revolutionary army, artisans, and other democratic sections of society participate." The commitment
to socialist construction was reaffirmed, as was the idea of egalitarianism within the context of a
unitary state. The official language remained Amharic. The functioning and organization of the
country was proclaimed to be based on the principles of democratic centralism, under which
representative party and state organs are elected by lower bodies. The vanguard character of the WPE
was asserted, and its roles as well as those of mass organizations were spelled out.
Chapter 2 dealt with the country's economic system. The state was dedicated to the creation of a
"highly interdependent and integrated national economy" and to the establishment of conditions
favorable to development. In addition, the constitution committed the state to central planning; state
ownership of the means of production, distribution, and exchange; and expansion of cooperative
ownership among the general population.
Chapter 3 addressed social issues, ranging from education and the family to historical preservation
and cultural heritage. The family was described as the basis of society and therefore deserving of
special attention by means of the joint efforts of state and society. In addition, the constitution
pledged that health insurance and other social services would be expanded through state leadership.
National defense was the subject of the first article asserted the nation's need to defend its sovereignty
and territorial integrity and to safeguard the accomplishments of the revolution. It was declared that
the Ethiopian people had a historical responsibility to defend the country. The defense force was to be
the army of the country's working people. The army's fundamental role would be to secure peace and
socialism.
Foreign policy objectives were spelled out in four brief articles in Chapter 5 and were based on the
principles of proletarian internationalism, peaceful coexistence, and nonalignment.
Citizenship, Freedoms, Rights, and Duties

Chapters 6 and 7 were concerned with defining citizenship and spelling out the freedoms, rights, and
duties of citizens. The language was egalitarian, and Ethiopians were declared to be equal before the
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law, regardless of nationality, sex, religion, occupation, and social or other status. They had the right
to marry, to work, to rest, to receive free education, and to have access to health care and to a fair
trial. Ethiopians were guaranteed freedom of conscience and religion. As was not the case in imperial
Ethiopia, religion and the state were proclaimed to be separate institutions. Citizens were assured the
freedoms of movement, speech, press, assembly, peaceful demonstration, and association. Regarding
political participation, citizens had the right to vote and the right to be elected to political office. Their
duties included national military service, protection of socialist state property, protection of the
environment, and observance of the constitution and laws of the country.
In spite of the attention the constitution paid to basic freedoms, until the last days of the regime
international human rights organizations were virtually unanimous in condemning the Mengistu’s
regime. Summary execution, political detention, torture, and forced migration represented only some
of the violations cited by these groups.
National Shengo (National Assembly)
The constitution's most detailed sections related to the central government's organization and
activities. In these sections, the document described the various state organs and explained their
relationship to one another.
The supreme organ of state power was the National Shengo (National Assembly). Its responsibilities
included amending the constitution; determining foreign, defense, and security policy; establishing
the boundaries, status, and accountability of administrative regions; and approving economic plans.
The National Shengo was also responsible for establishing the Council of State; the Council of
Ministers, ministries, state committees, commissions, and state authorities; the Supreme Court; the
Office of the Prosecutor General; the National Workers' Control Committee; and the Office of the
Auditor General. In addition, the National Shengo elected the president and officials of the Council of
State and approved the appointment of other high-ranking authorities.
Candidates to the National Shengo had to be nominated by regional branches of the WPE, mass
organizations, military units, and other associations recognized by law. Balloting for seats in the
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National Shengo was required to be secret, and all individuals eighteen years of age and above were
eligible to vote. Elected members served five-year terms, and the body met in regular session once
each year. These sessions were usually public but might on occasion be held in camera. In 1987 the
National Shengo had 835 members.
Council of State
The Council of State, consisting of the president of the republic, several vice presidents, a secretary,
and other members, was an organ of the National Shengo. The Council of State served as the most
active oversight arm of the government, and it exercised the national legislative role when the
National Shengo was not in session. In addition to its normal functions, the Council of State was
empowered to establish a defense council and might be assigned special duties by the National
Shengo . The Council of State had the further authority to issue decrees in the pursuit of the duties
stipulated by law or assigned by the National Shengo. The power of this organ was evident in the
constitutional provision that stated, "When compelling circumstances warrant it, the Council of State
may, between sessions of the National Shengo, proclaim a state of emergency, war, martial law,
mobilization or peace."
The President
The 1987 constitution established the office of president. Theoretically, the Council of State ruled
along with the president and exercised legislative oversight in relation to other branches of
government. In reality, however, the office of the president in particular and the executive branch in
general were the most powerful branches of government. The president was able to act with
considerable independence from the National Shengo.
Although the constitution stipulated that the president was accountable to the National Shengo,
Mengistu demonstrated repeatedly that there was no authority higher than his own office. By law he
was responsible for presenting members of his executive staff and the Supreme Court to the National
Shengo for election. At the same time, the president, "when compelling circumstances warrant it"
between sessions of the National Shengo, could appoint or relieve the prime minister, the deputy
prime minister, and other members of the Council of Ministers; the president, the vice president, and
Supreme Court judges; the prosecutor general; the chairman of the National Workers' Control
Committee; and the auditor general. The National Shengo was by law supposed to act on such
decrees in its next regular session, but this appeared to be only pro forma.
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The president, who could be elected to an indefinite number of successive five-year terms, had to
submit nominations for appointment to the Council of Ministers (his cabinet) to the National Shengo
for approval. However, by the time nominations reached the National Shengo for consideration, their
appointment was a foregone conclusion. In practice, President Mengistu would chose individuals for
particular offices without any apparent input from the National Shengo, the WPE, or the Council of
State.
The president, who was also commander in chief of the armed forces, was also responsible for
implementing foreign and domestic policy, concluding international treaties, and establishing
diplomatic missions. If he deemed it necessary, the president could rule by decree.
Council of Ministers
The Council of Ministers, defined in the constitution as "the Government," was the government's
highest executive and administrative organ. The body consisted of the prime minister, the deputy
prime minister, the ministers, and other members as determined by law. Members were accountable
to the National Shengo, but between sessions they were accountable to the president and the Council
of State. Members of this council were chosen from regularly elected members of the National
Shengo and served five-year terms, unless they resigned or were removed by the president. For
example, in early November 1989 Prime Minister FikreSelassie Wogderes resigned his office,
allegedly for health reasons. However, some reports maintained that he was forced out by Mengistu
because of his apparent loss of enthusiasm for the regime's policies. At the same time, Mengistu
reshuffled his cabinet. Significantly, these events occurred weeks after the annual session of the
National Shengo had concluded.
The Council of Ministers was responsible for the implementation of laws and regulations and for the
normal administrative functions of national government. It prepared social and economic
development plans, the annual budget, and proposals concerning foreign relations. In their respective
areas of responsibility, members of the Council of Ministers were the direct representatives of the
president and the government; and because they typically held parallel offices within the WPE, as a
group they tended to be the most significant political actors in the government.
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In 1991 there were twenty-one ministries. Portfolios consisted of the Ministry in Charge of the
General Plan and the ministries of agriculture; coffee and tea development; communications and
transport; construction; culture and sports affairs; domestic trade; education and fine arts; finance;
foreign affairs; foreign trade; health; industry; information; internal affairs; labor and social affairs;
law and justice; mines, energy, and water resources; national defense; state farms; and urban
development and housing. In addition to these ministries, there were several other important state
authorities, such as the Office of the National Council for Central Planning, the Institute for the Study
of Ethiopian Nationalities, the Relief and Rehabilitation Commission, and the National Bank of
Ethiopia.
Judicial System
The constitution provided for Ethiopia's first independent judiciary. Traditionally, the Supreme Court
and various lower courts were the responsibility of the Ministry of Law and Justice. After Haile
Selassie's overthrow, much of the formal structure of the existing judicial structure remained intact.
Over the years, regional and district level courts were reformed somewhat. However, the new
constitutional provisions had the potential to change Ethiopia's national judicial system significantly.
The constitution stipulated that judicial authority was vested in "one Supreme Court, courts of
administrative and autonomous regions, and other courts established by law." Supreme Court judges
were elected by the National Shengo; those who served at the regional level were elected by regional
shengos (assemblies). In each case, the judges served terms concurrent with that of the shengo that
elected them. The Supreme Court and higher courts at the regional level were independent of the
Ministry of Law and Justice, but judges could be recalled by the relevant shengo.
The Supreme Court was responsible for administering the national judicial system. The court's
powers were expanded to oversee all judicial aspects of lesser courts, not just cases appealed to it. At
the request of the prosecutor general or the president of the Supreme Court, the Supreme Court could
review any case from another court. Noteworthy is the fact that, in addition to separate civil and
criminal sections, the court had a military section. In the late 1980s, it was thought that this
development might bring the military justice system, which had been independent, into the normal
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judicial system. However, it became evident that it would be some time before the Supreme Court
could begin to serve this function adequately.
Between 1987 and 1989, the government undertook a restructuring of the Supreme Court with the
intent of improving the supervision of judges and of making the administration of justice fairer and
more efficient. The Supreme Court Council was responsible for overseeing the court's work relating
to the registration and training of judges and lawyers. The Supreme Court Council's first annual
meeting was held in August 1988, at which time it passed rules of procedure and rules and
regulations for judges. Although the government reported that the courts were becoming more
efficient, it admitted that there was much to be done before the heavy case burden of the courts could
be relieved.
Chapter 15 of the constitution established the Office of the Prosecutor General, which was
responsible for ensuring the uniform application and enforcement of law by all state organs, mass
organizations, and other bodies. The prosecutor general was elected by the National Shengo for a
five-year term and was responsible for appointing and supervising prosecutors at all levels. In
carrying out their responsibilities, these officials were independent of local government offices.
Local tribunals, such as kebele tribunals and peasant association tribunals were not affected by the
1987 constitution. People's courts were originally established under the jurisdiction of peasant
associations and kebeles. All matters relating to land redistribution and expropriation were removed
from the jurisdiction of the Ministry of Law and Justice and placed under the jurisdiction of the
peasant association tribunals, whose members were elected by association members. In addition, such
tribunals had jurisdiction over a number of minor criminal offenses, including intimidation, violation
of the privacy of domicile, and infractions of peasant association regulations. The tribunals also had
jurisdiction in disputes involving small sums of money and in conflicts between peasant associations,
their members, and other associations. Appeals from people's tribunals could be filed with regional
courts. Kebele tribunals had powers similar to those of their counterparts in peasant associations.
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The Charter of the Transitional period (July 22, 1991 August 21, 1995)
After the down fall of Derg a transitional government was established in July 22, 1991 and terminated
on August 21, 1995. During this period, our country was led by the transitional period Charter of
Ethiopia.
A charter is a document of important principles and lows that serve as a highest low in the country in
place of a constitution. In other words, the Charter was a basic legal & general document similar to
that of a constitution that addressed the problems of the period The Transitional factors that
necessitated the transitional period charter included.
- The period between the over thrown of the military regime & the formation of a new government
required marinating peace & stability by introducing low & order;
Attempts had to be made to solve some of the problems inherited from the previous regime; The Derg
institutions & practices of repression had to be terminated
Mutual Confidence among people had to be brought for long period of time with positive attitudes;
Disintegration had to be avoided and the way for peaceful transition to a democratic Order paved.
Based on the transitional period Charter a Transitional Government came in to being by convening a
peace and Democratic Transitional conference in Addis Ababa between July 1 and 5, 1991 to ensure
its democratic nature the conference represented different political entities, national Liberation
movements, religious institutions and intellectuals from various sectors. This conference drafted,
discussed and ratified the charter. The peace and democratic conference established the major
principles and ideas by which the country was to be governed Until a Constitutionally Limited
government was formed. The charter gave opportunity for self-governance & recognized the diversity
of the Ethiopian Societies and laid down foundation for the 1995 Constitution.
The F.D.R.E. Constitution (The 1995 constitution)

The Constitution of the Federal Democratic Republic of Ethiopia was different from the Previous
Constitution. It was formulated through popular participation based up on the reality need and
demand of the people was based up on major UN Human Rights instruments and other international
Conventions endorsed by Ethiopia.
The formulation of the 1995 (F.D.R.E) Constitution
The 1995 Ethiopian Constitution has passed through three stages
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1. Drafting
2. Discussion and Development
3. Adoption/ratification.
1. The drafting stage

A special body known as a Constitutional commission carried out the drafting task. The Commission
took enough time and conducted a number of activities. Various seminars and workshops have been
held in order to come up with the initial from of the constitution. Moreover, experts with a good deal
of experiences form other countries were invited to such seminars and workshops that have helped
immensely in sharing others’ experience.
2. The Discussion and development stage

The Second stage is the form of popular ratification of the initial draft of the constitution. That was
the opportunity given to all citizens of the country where by they examined, commented and
improved the various tentative provisions of the draft constitution.
That was important since it enabled citizens to know the tentative provisions that would be parts of
their final Constitution. Amend or improve the provisions before they are enforced in to action and to
participate in the formulation of their own constitution. In the nationwide discussion on the initial
draft, different ideas and views have been shared and obtained that enriched the final form of the
constitution.
3. The Ratification stage

This was the final phase of the series of decisions on the draft to be rationally accepted as the
constitution of the country. A Constitutional Assembly –a Specially Constituted body of elected
representatives of the nations, nationalities and people of Ethiopia-accomplished the historic task of
ratifying or endorsing the draft Constitution In the constitutional Assembly 538 elected Citizen
participated. The Assembly thoroughly discussed on the draft constitution for three weeks. Each
article of the draft Constitution was passed by vote.
Finally, The Constitutional Assembly ratified the Constitution of the Federal Democratic Republic of
Ethiopia on 8 December 1994. It established the new federal structure where power is shared between
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central and regional government. The constitution came in to effect on the 21st day of August, 1995.
The new government began its five-year term in August of the same year.
CONTENTS OF THE F.D.R.E. CONSTITUTION (1995) MEMBER STATES It explicitly

recognized that Ethiopia is to have a Federal system and parliamentarian form of government. In this
course of action there are at present nine member states that formed the Federal Democratic Republic
of Ethiopia whereby member states of the Federation have equal rights and powers. By and large the
Federal Democratic Republic of Ethiopia comprises the Federal Government and the State members
with their own legislative, executive and judicial powers. Based on the constitution a general election
was held and EPRDF won the election and formed a government at federal level.
At state level, from the nine member states of the Federation, the majority party, EPRDF won a
majority only in four states, i.e., the State of Tigray, Amhara, Oromiya, and Southern Nations,
Nationalities and Peoples. In the rest five States i.e. the State of Afar, Somalia, Benishangul Gumuz,
Gambella peoples and the Harari People the minority parties won the election and formed
government.
THE PARLIAMENT
The present federal parliament is having two houses: the House of Peoples' Representatives (HPR)
and the House of the Federation (HF). Members of the HPR are directly elected by the people for a
term of five years on the basis of universal suffrage by secret ballot. HPR is the highest authority of
the Federal Government. Currently there are 548 members who have been elected from different
parties and independent members by way of democratic electoral processes. Out of the 548 seats
EPRDF has the majority seats of 496 and the rest are under minority parties and independent
members. Each member of the HPR represents 100,000 constituencies. By the same token, they are
representatives of the Ethiopian People at large and have the power of legislation in all matters
assigned by the constitution to Federal jurisdiction. There are nine standing committees in the HPR of
which two of them are being chaired by the members of minority parties. This shows that the
minority parties have shared power in the parliament with the majority party, EPRDF. It is not only in
the parliament that the minority parties shared power with the majority, but also in the government
i.e. they are members of the cabinet. In order to share parliamentary experience with other countries
eight parliamentary friendship groups have been formed and have started functioning so as to
cultivate friendly relationship with other countries.
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1. The House of Federation
It is composed of representatives of Nations, Nationalities and Peoples of Ethiopia. Each Nation,
Nationality and People is to be represented by at least one member and by one additional
representative for each one million of its population. Members are to be elected by the State Council
or by the people of the State directly. At present there are 108 members in the House. The House has
the power to interpret the constitution, decide on the issues relating to the rights of Nations,
Nationalities and Peoples to self determination including the right to secession, strive to find solutions
to disputes or misunderstandings that may arise between states, determine the division of revenue to
the States and the like. The House of the Federation holds at least two sessions annually and its term
of mandate is five years.
As it has been mentioned above the House of Federation has unique duties and responsibilities such
as interpreting the Constitution and protecting the rights of the nations, nationalities and peoples of
Ethiopia. In many countries, matters of constitutional interpretation are decided by the Constitutional
Court (as in the case of Germany) or by the Supreme Court (as in the case of USA). The
Constitutional Assembly, elected to ratify the Constitution, decided that because of the multitude of
nations and nationalities in Ethiopia, the House of Federation would be the best place to protect and
ensure the rights of all nations and nationalities.
Article 62 (3-11) of the Constitution gives the House of Federation responsibility for
 interpreting the Constitution;
 organizing the Council of Constitutional Inquiry;
 deciding on claims based upon the rights of nations, nationalities, and peoples to self-
determination, including their right to secession;
 Promoting the equality of the peoples of Ethiopia enshrined in the constitution and
 promoting their unity based on their mutual consent;
 exercising the powers and the functions concurrently entrusted to it and the Council of
 Peoples’ Representatives;
 Striving to find solutions to disputes or misunderstandings that may arise between
 States;
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 determining the division of revenues derived from joint Federal and State tax sources
 and the subsidies that the Federal Government may provide to the States;
 identifying civil cases that require legislation by the House of Peoples’
Representatives
 Ordering Federal intervention if any State, in violation of this Constitution, endangers the
constitutional order
The House of Federation has 108 representatives who are elected by the state governments for a five-
year term of office. The composition of the House of Federation is determined according to a system
of proportional representation where each nation and nationality is entitled to at least one member and
one additional representative for each one million of its population. The House holds at least two
sessions annually, each lasting a week, and also holds a joint meeting annually with the House of
Peoples' Representatives at the start of the Parliamentary session. Both Houses hold a joint session
concerning election of the president of the Republic, at the commencement of the annual session of
the parliament, human rights problem, amending the constitution etc.
The members of the House of Federation are usually members of their state governments as well and,
in this way, they are close to the issues of their people.
The House of Federation is semi-autonomous in that its budget is submitted for approval to the House
of Peoples' Representatives. Regarding this article 65 says that “The House of the Federation shall
submit its budget for approval to the House of Peoples’ Representatives”.
2. The House of Peoples' Representatives

The members of House of Peoples’ Representatives are the representative of the Ethiopian People as
a whole” (Article 54 Sub-article 4). It has 548 members elected for a term of five years. One month
before the expiry of the House’s term election for a new House shall be held. The House of
Representatives has one annual session from October to June. Decisions are made if they are
supported by the majority members of the House.
The House of Peoples' Representatives is a powerful legislative body with its legitimacy based on
popular election and representation. It is granted broad legislative powers in a large number of areas
and it controls the purse strings of the national government, which cannot levy taxes or spend money
without its approval.
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The Constitution entrusts Parliament with significant electoral, legislative and budgetary powers.
Article 55 of the Constitution lists the legislative powers of the House of Peoples' Representatives,
which include the power to legislate in the areas of:
 Land and natural resources;
 Inter-State and foreign commerce;
 Transportation, postal and telecommunication services;
 Enforcement of political rights;
 Nationality and immigration;
 Standards of measurement and calendar;
 Patents and copyrights;
 The possession and bearing of fire arms;
 Labor, commercial and Penal Codes
 Civil laws "which the Federal Council deems necessary to maintain and sustain one economic
community" and the organization of national defense, public security and national police force.
 In addition, the Constitution gives the House of Peoples’ Representatives important fiscal and
budgetary powers, including the power to:
 Approve general policies and strategies of social and economic development, and fiscal and
monetary policy of the country;
 Enact laws on matters relating to the administration of the National Bank, exchange of foreign
currency, and local currency;
 Levy taxes and duties on revenue sources reserved to the Federal State. It shall ratify the Federal
budget.
THE PRESIDENT
The President of the F.D.R.E is the Head of State. The President is elected by a two-thirds majority
vote of a joint session of the House of Peoples' Representatives and the House of Federation. The
term of duty is six years and the President shall not be elected for more than two terms.
Prime Minister and the Council of Minister

The highest executive powers of the Federal Government are vested in the Prime Minister and in the
Council of Ministers. The Prime Minister is elected from among members of the House of Peoples'
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Representatives and power of government shall be assumed by the political party, or a coalition of
political parties, that constitutes a majority in the House of Peoples' Representatives. The Prime
Minister is the chief-executive, the chairman of the Council of Ministers and the Commander-in-
Chief of the National Armed Forces.
Judiciary
A notable feature of the Constitution of the Federal Democratic Republic of Ethiopia is that it accords
a dignified and crucial position to the Judiciary. Ethiopia's judicial machinery is well ordered and
well regulated, with the Supreme Court at the top. The Ethiopian Government is federal in nature.
Ethiopia has a dual system of courts - a Federal Judiciary with the Supreme Court at the top along
with a separate and parallel judicial system in each Regional State. The Federal Supreme Court, the
Federal High Court and the Federal First Instance Court constitute a single Federal Judiciary, having
jurisdiction over all cases pertaining to federal matters. Likewise, there is a similar court structure in
each Regional State that has jurisdiction over all regional matters. The Judiciary in Ethiopia has been
assigned a significant role. It has to dispense justice not only between individuals, but also between
the state and the citizens. It interprets and applies all the laws of the land. To enable the courts to
discharge their functions impartially, without fear or favor, the constitution of the Federal Democratic
Republic of Ethiopia contains provisions which guarantee and safeguard independence. Thus,
independence of the Judiciary is enshrined in the Constitution for the first time, which is rightly
considered a historic landmark. The Judiciary is independent. Judicial powers, both at Federal and
State level, are vested in the courts. Judges shall exercise their functions in full independence and
shall be directed solely by the law. The Federal Supreme Court shall have the highest and final
judicial power over Federal matters.
The judges of the Federal Courts are appointed by the House of Peoples' Representatives and the
Regional State judges are appointed by the Regional State Council, after consultation with those most
competent to advise on the subject - the Federal Judicial Administration Commission and the State
Judicial Administration Commission.
Once appointed, the judges hold office until they reach pension age, and thus their tenure is
independent of the will of the executive. A special procedure has been laid down for removal of
judges on the grounds of incompetence, inefficiency or misbehavior. Judges are supposed to exercise
their function in full independence and shall be directed solely by the law. The Federal Supreme
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Court draws up and submits the Federal Court budget to the House of Peoples' Representatives for
approval and, upon approval, administers the budget.
 Protection of Rights and Freedoms

Articles 13 to 42 of the Constitution of the Federal Democratic Republic of Ethiopia pertain to
fundamental rights. The fundamental rights have been grouped under several headings. The
Constitution guarantees rights and freedom, equality before the law, equal protection of laws,
freedom of speech and expression, freedom of religion, belief and opinion, freedom of assembly and
association, freedom of person, freedom against jeopardy and ex post fact laws, the right to property.
In this regard, the Judiciary has the power and duty to ensure effective and speedy enforcement of the
rights of individuals. To ensure the fundamental rights effectively and speedily the courts in Ethiopia
have yet to develop full capacity. Towards this end, special efforts are underway to build the capacity
of the courts. One such effort is focusing on increasing the supply of qualified lawyers, with
impeccable integrity and honesty for appointment as judges. Given the independence of the Judiciary,
which is enshrined in the constitution, the unreserved efforts to fully build the capacity of the
Judiciary and the commitment, sincerity and good intention of those on the bench, individuals surely
have remedies in the case of infringement of their rights.
8.6 Constitutionalism
Constitutionalism is descriptive of a complicated concept, which subjects the officials who exercise
governmental powers to the limitations of a higher law or constitution. Constitutionalism proclaims
the desirability of the rule of law as opposed to rule by the arbitrary judgment or mere flat of public
officials (Rule of Man). Thus Charles H. Mcllwain has written that the essential quality of
constitutionalism is that “it is a legal limitation on government; it is the antithesis of arbitrary rule...”
(Constitutionalism:
Ancient and Modern, p. 21). Another eminent scholar of constitutional law, Howard Jay Graham, has
observed that “constitutionalism... is the art and the process of assimilating and converting statute and
precedent, ideals and aspirations, into the forms and the Rule of Law—into a Fundamental and
Supreme Law” (Everyman's Constitution, p. 6).
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The concept of constitutionalism is that in political society government officials are not free to do
anything they please in any manner they choose; they are bound to observe both the limitations on
power and the procedures which are set out in the supreme, constitutional law of the community. As
you have seen in the previous unit, one of the important tasks of constitution is limiting the power of
governors. It may therefore be said that the touchstone of constitutionalism is the concept of limited
government under a higher law.
! Liberty lies in the hearts of men and women; when it dies there,
no constitution, no law, no court can save it.... While it lies there, it
needs no constitution, no law, no court to save it.
Learned Hand, jurist
The higher law of the constitution is not subject to formal alteration by ordinary legislative
procedures, and the constitution, unlike statutes, emanates directly from the whole body of citizens in
the form of an organic document written and ratified in some special way which stresses that the
people are the ultimate repository of political power, and that their enduring will must be obeyed by
government officials.
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Checklist
 You have know complete unit eight and you need to check whether have understood the basic

I. Read each of the following questions carefully. Select the best answer
among the given alternatives.
1. Which of these is not included in a constitution?
A. government structure and functions
B. powers and functions of the legislative organ of the state
C. The socio-economic policy of the country
D. Rights, duties and responsibilities of citizens
E. None of these
2. Which one of the following is wrong about the president of the federal
Democratic Republic of Ethiopia
A. The head of state
B. Elected by the House of peoples’ Representative
C. The term of office of the president is six years
D. He shall award medals, prizes and gifts in accordance with conditions & procedures
established by law
E. None of these
3. What do you understand from the following statement?
The constitution is the supreme law of the land any law, customary practice or decision
of an organ of state or public official which contravenes this constitution shall be no
effect
A. The sovereign Authority of the people
B. Supremacy of the Constitution
C. Separation of state & religion
D. Separation of power
E. All of these
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4. One of the following does not refers to the 1931 constitution
A. It is the first written constitution in Ethiopia
B. It introduced parliamentary system
C. Its main aim was to give the country and the Imperial rule and image of
Modernity in the minds of the Westerners
D. It was drafted by popular participation
E. None of these
5. The 1987 constitution was different from the previous constitutions because it
A. Incorporated some democratic principles
B. Recognized the cultural identify and equality of nations and nationalities
C. was founded upon the very idea of the divine right of kings
D. A& B
E. B &C
6. Which of the following best describes constitution?
A. Constitution is a document that contains the fundamental principles
in which a given state is established and governed whether embodied
in the low, custom or convention
B. A government document that contains different rules principles.
C. Constitution is concerned with how decisions are reached, how power
distributed
D. It is a document that limits governmental authority.
7. From which constitution of Ethiopia is the following passage taken?
‘Ethiopian subjects shall have the right in accordance with the
conditions prescribed by law to assemble peaceably and without
arms.’
A. from the revised constitution
B. from the first written constitution
C. from the 1955 G.C constitution
D. from the present constitution
E. both A and B are correct
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II.True or false
1. The 1931 constitution of Ethiopian did not include the Universal Human
Rights.
2. Constitutionalism refers to that public officials and ordinary citizens act and behave according to
the law
3. By unwritten constitution we mean the highest law of the state which is not in the text form but that
orally transmitted from generation to generation.
Constitution Rule of law

Constitutionalism Unwritten constitution written constitution
IV. Questions for reflection
Consider the following passage and answer the questions that come after
the passage.
It shall, on its own initiative, request a joint session of the House of the
Federation and of the House of Peoples’ Representatives to take
appropriate measures when State authorities are unable to arrest
violations of human rights within their jurisdiction. It shall, on the basis
of the joint decision of the House, give directives to the concerned State
authorities.
1. What is the structure of the state mentioned in the passage?
2. Does the state have a parliament? If it does what type of parliament does the
states have?
3. From which constitution of Ethiopia is the passage taken?
4. What do you understand from the passage?
5. What is the form government that the state mentioned in the passage has?
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8.8 REFERENCES
● Charles H. McIlwain, Constitutionalism and the Changing World
(New York, 1939)
● Charles H. McIlwain, Constitutionalism: Ancient and Modern (Ithaca, 1947).
Howard Jay
● Graham, Everyman's Constitution (Madison, 1968);
● Fasil Nahum Constitution for Nation of Nations The Ethiopian perspectives
Asmara Red sea press Inc
● The Ethiopian constitutions (1931,1955, 1987 and 1995)
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UNIT 9
The theory and Practices of Democracy
CONTENTS
9.1 Introduction
9.2 Objectives
9.3 Origin and definition of democracy
- democracy and democratic system
9.4 Types of Democracy
- Direct/Pure democracy
- Indirect /Representative democracy
9.5 principles and values of a democratic system
9.6 Constitutional Democracy and Participation of Citizens
References
9.1 Introduction
Dear learner! Theories of governance can be classified in to two broad categories. These are
authoritarian government, which allow little or no participation in decision making by individuals and
groups outside the upper reaches of the government. The other one is democratic a government which
allows much broader and more meaningful participation.
The term democracy is as old as the golden age of Greek. The Athenians, in the fifth century BC
reached at the highest level in democratic development in comparison with other city-states of the
time. In a short period of time, they were able to promote it surrounding world. In the existing world
many nations are building the political system in which the citizens are in the process of self-
governance.
In Ethiopia, the word democracy is commonly used, but some people wrongly understand. In this unit
you learn the meaning of democracy; what democracy is all about; the two ways of implementing
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democracy; the features of democracy the necessity of rule of law for effective and full participation
of citizens in the process of building constitutional democracy.
9.2 OBJECTIVES
Dear learner! At the end of this lesson you will be able to:
 explain the meaning of democracy
 identify and explain the two ways in which citizens exercise democracy
 describe how the historical development of democracy proceeded
 identify and explain the roles played by citizens in the building up process of democracy
 identify and explain the fundamental principles of democracy `
 develop the value of the culture of tolerance, skills of conflict resolution and
 respect for the rule of law
9.3 Origin and definition of democracy
The term democracy and the classical conception of democratic rule are firmly rooted in Ancient
Greece. “Demo” means people, and “kratien” means to rule. Therefore in democracy the people are
the source of political power.
 Democracy and democratic system

Democracy is a concept that has very complex and wide meaning the following definitions are among
the common ones;
1. Democracy is a system of government in which the supreme political power resides in the people
2. Democracy is a form of government in which political control is exercised by the people either
directly or through their elected representatives
3. Democracy (rule by the people) is a system of government in which all adults with the exception
of disqualified by criminal behavior or mental incapacity have the right and the means to exercise
some form of genuine control over government
4. In the phrase of Abraham Lincoln democracy is a government ‘ of the people , by the people and
for the people’
A democratic system is systems of government in which people are governed by persons whom they
elected are their leaders. Democracy is the way to social and economic development of the people.
One reason people need to build democracy is to secure sustainable social and economic development
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of the people. One reason people need to build democracy is to secure sustainable social and
economic development in democracy involves fair distribution of resources.
Democracy is management of conflict, composed of values of tolerance co-operation Compromise,

consensus pragmatism, compassion, civility etc. These values are instruments to resolve differences
peacefully therefore; democracy is peaceful resolution of differences.
9.4 Types of Democracy

Dear learner! As we have seen, democracy is a political system in which the citizens administer or
govern themselves. But how do people administer or govern themselves? For this and some other
season there are two types of democracy, such as:
1. Direct
2. Indirect democracy
1. Direct democracy (pure democracy/ participatory democracy): it is classically termed as pure

democracy, is any form of government in which all citizens can directly participate in the decision-
making process. All citizens, without the intermediary of elected or appointed officials can participate
in making public decisions. A political system that does not participate citizens directly, in decision
making process is not democracy. It is when citizens are able to pass decisions on their own affairs
that can be said that they are governing themselves. At theoretical level democracy means a political
system in which all eligible citizens directly involve in law making, implementing and interpreting
activities.
Nowadays, at manageable population size level for example keble, town meeting, community and
trade union, direct democratic system is practical. Referendum and election are two processes in
which people exercise direct democracy. In these processes not the representatives but the citizens
themselves appear in person and pass their own decision. In this system the people pass decision on
behalf of themselves. But in the case of indirect or representative democracy, the representatives pass
decision on behalf of the people.
2. Indirect /Representative democracy: is at best, a limited and indirect form of democracy It is

Limited in the sense that popular participation is both frequent and brief being reduced to the act of
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voting every few years depending on the length of the political term It is indirect in the sense that the
public is kept at arm’s length from government the public participate only through the choice of who
should govern it, and never, or only rarely exercise power itself.
Some advocates of representative democracy argue that it is the only practicable form of democracy
in modern conditions Because, a high level of popular participation is possible with in relatively
small Communities in that face-to-face communication can take place between and amongst citizens
moreover, to consult the general public on each and every issue, and permit wide-ranging debate and
discussion threatens to paralyze the decision- making process and make a country virtually
ungovernable
The most fundamental objections to direct democracy is however, that ordinary people lack the time,
maturity and specialist knowledge to rule wisely on their won behalf. In this sense, representative
democracy merely applies the advantages of the division of labor to politics specialist politics able to
devote all their time and energy to the activity of government, can clearly do a better job than would
the general public.
9.5 principles and values of a democratic system

1. Sovereign Authority of the people: - It is the with mate power vested in all the people rather than
in some of them to make political decisions
 Sovereignty:- Supreme power, or the ultimate decision making power
 Vestment (dispositions) in the people power possession of the people or the source of power is in
the people
 The ‘People’ all adult citizens (Citizens who are in the legal –maturity)
Therefore, sovereignty of the people implies the ultimate decision making power of the people
2. The rule of law (The supremacy of the constitution)
Democracy is characterized by the rule of low In democracy Constitutional government lead the
political order In such Cases, both public officials and citizens live and behave according to the low
public officials abide by constitution their power is granted and limited by low The transfer of power
is also made peacefully through periodic elections this is essential features of the prevalence of the
rule of low
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3. Separation of powers:- It avoids the concentration of political power at the centre or in the hands
of the few Instead, political power is shared among different organs and levels of government In
democracy decision making is usually shared among three branches of government These are the
legislative the executive and the judiciary this helps to check and balance political power among
independent bodies of the government separation of power therefore, avoids the possession or control
of political power by a single body
4. Human and Democratic Rights democracy provides to the people (citizens) fund mental rights &
freedoms these rights includes the most basic ones such as the right to life, liberty, equality, and other
economic social and political rights and freedoms because without which one can not think of a
democratic system
5. Conduct and accountability of government
This refers to the transparent activity of government that enables the people to make the government
officials accountable for the failure that they committee to discharge their official duties
6. Majority Rule and minority Rights
In the system of democracy, decisions are usually made based on majority vote the opinion and
believes supported by majority members would be accepted and implement by minorities who oppose
it. However, the basic rights of the minority would be protected and served and their voices is also
heard (Listened)
7. Multi-party system
In a democratic political system there exist two or more political parties competing peacefully for
political power the parties generate different views, ideas or opinions etc, for the benefit of society. In
multi-party system elections are conducted fairly, freely and periodically. The winner party assumes
power independently or in coalition with minority parties. The activities of the party in power which
is checked and observed by other parties which are not in power
8. Free, Fair and periodic Elections

In the process of democracy Periodic election is common. And public officials are chosen to positions
at every specified time through this process citizens determine those who assume leadership. Not all
elections serve this purpose but those that are Characterized for being free from biases and corruption,
fair for allowing the opportunity for all eligible persons and periodic in that the government is
constantly renewed by citizens’ political participation
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Generally, in democracy the people exercise self-governance either directly or through their chosen
representatives. Democratic government means popular government in theory; the people are
fundamentally responsible for their own political well-being. However, the people are the source of
governmental power, they can’t simply do anything they wish virtually every democracy imposes
Limitations on majority rule. Furthermore, well-established rules and regulations usually dictate the
procedures according to which government operates where governments are determined by
meaningful elections and where such limitations are in force, the government is said to be a
constitutional democracy
9.6 Constitutional Democracy and Participation of Citizens

Civic participation refers to the active involvement of citizens in the political, economic and social
affairs which are their own. Providing human and democratic right constitutional democratic system
facilitates the active participation of citizens in the three spheres mentioned above.
As it has been cited in the previous unit, a constitution is defined as sets of laws, principles, policies
etc serving as guiding and the highest law of the state. It describes a government and its operation. It
has also a function of issuing of rights, freedoms, equalities, and liberties to citizens to play active
role in socio-economic and political affairs of their own. Thus, constitutional democracy (democratic
system based on constitution) has a great importance for the active participation of citizens and in
turn a great contribution for the healthy development of constitutional democracy.
The government bodies and their officials have the duty to obey and observe the constitution. The
government is expected to protect not violet, the rights of citizens issued by the constitution. The
rights include
 Right of Thought, Opinion and Expression

 The Right of Assembly, Demonstration and Petition
 The Right to Vote and to be Elected etc.
Constitutional democracy depends on a participation of enlightened citizens, those who control their
representatives (public officials). Limited government remains limited only by vigilance of citizens
who prevent on protest ethical and constitutional violation. It is only through thoughtful participation
of citizens that the promises can be achieved and a healthy democracy can be established.
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Checklist
 You have know complete unit nine and you need to check whether have understood the basic

1. As hereditary authority is to monarchy __________is to democracy.
A. periodic election
B. republicanism
C. Federalism
D. parliamentarianism
E. Both A and B
2. Sovereign Authority of the people implies
A. Public officials have absolute power over the people
B. People are the source of Political power
C. Political power comes by force
D. Peaceful Transition of political power
E. All of these
3. Which one of the following is not the principle of democracy?
A. It enables the people to be sovereign.

B. It recognizes and protects the individuals as well as group rights, liberties
and equality.
C. Rule of Law
D. Decision is made based on majority vote system.
4. In an Indirect democracy, decisions are passed by
A. All citizens
B. peoples’ Representative
C. Investors
D. Media
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5. Which one of the following best express sovereignty
A. It refers to the supremacy of rulers in implementing laws.
B. It is an attribute of the state
C. It refers to having an ultimate law making and implementing power.
D. It refers to power of the people to elect their representatives.
II. True or false

1. At present time implementing direct democracy at community level is possible.
2. Uni-party system is one of the important features of democracy.
3. There is interdependence relation between civic participation.
4. Periodic election of rulers is one of the important values of democracy
II. Define the following words and phrases
Democracy Representative Democracy

Sovereignty Majority Rule and minority Rights
Rule of law Constitutional Democracy
Participatory democracy Direct Democracy
Indirect Democracy
Accountability of government
III. Questions for reflection
1. Mention the reason why indirect democracy is sometimes said to be representative democracy.
2. Is there any means of implementing direct democracy in the present condition of the World? Give
your justification for your answer
4. List any of two indicators of constitutional democracy
9.8 REFERENCES
● Markoff, John, Waves of Democracy, 1996,
● Muhlberger, Steve, Phil Paine, Democracy's Place in World History, Journal of
World History.
● Charles Tilly, Contention and Democracy in Europe, 1650-2000, Cambridge
University Press, 2004, Google Print
● Miller L(ed)(): Questions that Matter 1984
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UNIT 10
Fundamental Human Rights
CONTENTS
10.1 Introduction
10.2 Objectives
10.3 Meaning and Nature of Human Rights
10.4 Principles of Human Rights
10.5 Families of Human Rights
10.6 Universal Declaration o Human Rights
10.7 The Present Ethiopian Constitution and Human and Democratic Rights
10.9 references
10.1 Introduction
Dear learner! Rights define as a liberty or choice about having in a certain way with which other
must not interfere. Now a day, human Rights are the great ethical measure that is used to measure a
government's treatment of its people. A broad consensus has emerged in the twentieth century on
rhetoric that frames judgment of nations against an international moral code prescribing certain
benefits and treatment for all humans simply because they are human. On the other hand Natural
rights are those which appertain to man in right of his existence. Of this kind are all the intellectual
rights, or rights of the mind, and also all those rights of acting as an individual for his own comfort
and happiness, which are not injurious to the natural rights of others.
This unit deals with natural rights as well as human rights. In this unit you will introduce working
definition and features of human rights. And also introduce important principles of natural benefits of
human beings. Generally you will learn about different types of human rights as well as natural
rights.
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10.2 Objectives
Dear learner! At the end of this unit you will be able to
 define human rights
 explain what the nature of human rights is
 identify and explain the features of human rights
 identify and explain the different branches of human rights
 develop a positive attitude towards the protection or□ enjoyment of human rights
 identify and exercise the rights included in the present constitution of Ethiopia
10.3 Meaning and Nature of Human Rights

Human rights are the rights available to human beings by virtue of their being human and natural
rights which a human being acquires simply through birth. That is why Rights are our advantages or
benefits that we obtain as the member of community in which we belong.
There are some rights which we enjoy because of our nature (human being). These are rights that are
considered by most societies to belong automatically to everyone, for example, the rights to life,
freedom, justice, and equality, liberty etc. Thus, they are inalienable and inviolable rights of all
human beings living in whatever country and political system.
10.4 Principles of Human rights

 Inalienability: human rights are inalienable and cannot be separated from human
beings;
 Inviolable: human rights are secured from infringement, violence or attack
 Universality: human rights are universal and are available to all individuals and
peoples without discrimination on the basis of gender, political affiliation, race, religion
and so on;
 Indivisibility: human rights are indivisible and all rights are dependent on other
rights. There are no hierarchies of human rights. And human rights cannot be
applied selectively (this does not mean that all states have accepted and
implemented all rights contained in the Universal Declaration and the
international human rights conventions).
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10.5 Families of Human Right
(1) Civil and Political rights;
(2) Economic and Social rights;
(3) Minority and Group rights; and
(4) Environmental rights.
(1) Civil and Political Rights
Everyone has the right to freedom of thought and expression. This right includes freedom to seek,
receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing,
in print, in the form of art, or through any other medium of one's choice. (American Convention on
Human Rights, Article 13.1)
Everyone has the right to freedom of peaceful assembly and to freedom of association with others,
including the right to form and to join trade unions for the protection of his interests (ECHR, Article
11).
Every citizen shall have the right to participate freely in the government of his country, either directly
or through freely chosen representatives in accordance with the provisions of the law. 2. Every citizen
shall have the right of equal access to the public service of his country. 3. Every individual shall have
the right of access to public property and services in strict equality of all persons before the law
(African Charter, Article 13).
These rights fit the general idea of human rights suggested above. First, they are political norms that
primarily impose responsibilities on governments and international organizations. Second, they are
minimal norms in that they protect against the worst things that happen in political society rather than
setting out standards of excellence in government. Third, they are international norms establishing
standards for all countries -- and that have been accepted by more than 140 of the world's countries.
Finally, it is plausible to make claims of high priority on their behalf, and to support these claims of
importance with strong reasons. Consider the right to freedom of movement. One approach to
justifying this right and its high priority would argue the importance of free movement to being able
to find the necessities of life, to pursuing plans, projects, and commitments, and to maintaining ties to
family and friends. A related approach argues that it is impossible to make use of other human rights
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if one cannot move freely. The right to political participation is undermined if a person is not
permitted to go to political rallies or to the polls (that means in the electoral process).
Civil and political rights are not absolute, and they may sometimes be suspended. Some civil and
political rights can be restricted by public and private property rights, by restraining orders related to
domestic violence, and by legal punishments. Further, after a disaster such as a hurricane or
earthquake free movement is often appropriately suspended to keep out the curious, to permit access
of emergency vehicles and equipment, and to prevent looting.
(2) Economic and Social Rights
Besides the "civil and political" rights just discussed, the UDHR includes "economic and social" (or
welfare) rights. For example, the UDHR included a putative right to holidays with pay (Article 24),
and such a right pertains to a good life, not to a minimally good life. In addition to this there are
equality and nondiscrimination for women and minorities, access to employment opportunities, fair
pay, safe and healthy working conditions, the right to form trade unions and bargain collectively,
social security, an adequate standard of living (covering adequate food, clothing, and housing), health
care, and education. These rights were made part of international law by treaties such as the European
Social Charter, the ICCPR which amended the American Convention on Human Rights. Whether
economic and social rights are genuine human rights is discussed below.
The International Convention on Economic, Social and Cultural Rights (ICESCR's) list of rights
includes nondiscrimination and equality for women in the economic and social area (Articles 2 and
3), freedom to work and opportunities to work (Article 4), fair pay and decent conditions of work
(Article 7), the right to form trade unions and to strike (Article 8), social security (Article 9), special
protections for mothers and children (Article 10), the right to adequate food, clothing, and housing
(Article 11), the right to basic health services (Article 12), the right to education (Article 13), and the
right to participate in cultural life and scientific progress (Article 15).
Article 25, sub-article (1) of the Universal Declaration of Human Rights is read as follows:
“Everyone has the right to a standard of living adequate for the health and well-being of himself and
of his family, including food, clothing, and housing and medical care and necessary social services,
and the right to security in the event of unemployment, sickness, disability, widowhood, old age or
other lack of livelihood in circumstances beyond his control.”
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These are as important rights as others. To show their importance we better to use two welfare rights
as examples: the right to an adequate standard of living, and the right to free public education. These
rights require governments to try to remedy widespread and serious evils such as hunger and
ignorance.
The significance of food and other basic material conditions of life is easy to show. These goods are
essential to people's ability to live, function, and flourish. Without adequate access to these goods,
interests in life, health, and liberty are endangered and serious illness and death are probable. The
connection between having the goods the right guarantees and having a minimally good life is direct
and obvious -- something that is not always true with other human rights.
In the modern-day world lack of access to educational opportunities typically limits (both absolutely
and comparatively) people's abilities to participate fully and effectively in the political and economic
life of their country (Hodgson 1998). Lack of education increases the likelihood of unemployment
and underemployment.
Another way to support the importance of welfare rights is to show their importance to the full
implementation of civil and political rights. If a government succeeds in eliminating hunger and
providing education to everyone this promotes people's abilities to know, use, and enjoy their
liberties, due process rights, and rights of political participation. This is easiest to see in regard to
education. Ignorance is a barrier to the realization of civil and political rights because uneducated
people often do not know what rights they have and what they can do to use and defend them. It is
also easy to see in the area of democratic participation. Education and a minimum income make it
easier for people at the bottom economically to follow politics, participate in political campaigns, and
to spend the time and money needed to go to the polls and vote.
In support of this UDHR Article 26, (2) says this: “Education shall be directed to the full
development of the human personality and to the strengthening of respect for human rights and
fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations,
racial or religious groups, and shall further the activities of the United Nations for the maintenance of
peace”.
(3) Minority and Group Rights
Regarding to the rights of minorities is a longstanding concern of the human rights movement.
Human rights documents emphasize that all people, including members of minority ethnic and
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religious groups, have the same basic rights and should be able to enjoy them without discrimination.
The right to freedom from discrimination figures prominently in the UDHR and subsequent treaties.
The ICCPR, for example, commits its participating states to respecting and protecting their people's
rights "without distinction of any kind, such as race, color, sex, language, political or other opinion,
national or social origin, property, birth, or social status."
Individual rights are especially important to ethnic and religious minorities, including rights to
freedom of association, freedom of assembly, freedom of religion, and freedom from discrimination.
Human rights documents also include rights that refer to minorities explicitly and give them special
protections. For instance, the ICCPR in Article 27 says that persons belonging to ethnic, religious, or
linguistic minorities "shall not be denied the right, in community with other members of their group,
to enjoy their own culture, to profess and practice their own religion, or to use and develop their own
language."
Minority groups are often targets of violence and human rights norms call upon governments to
refrain from such violence and to provide protections against it. This work is partly done by the right
to life, which is a standard individual right.
(4) Environmental Rights
Environmental rights often defined as rights of animals or of nature itself. Conceived in this way they
do not fit our general idea of human rights because the right holders are not humans or human groups.
But more modest formulations are possible; environmental rights can be understood as rights to an
environment that is healthy and safe. Such a right is human-oriented: it does not cover directly issues
such as the claims of animals, biodiversity, or sustainable development.
The right to a safe environment can be sculpted to fit the general idea of human rights suggested
above by conceiving it as primarily imposing duties on governments and international organizations.
It calls on them to regulate the activities of both governmental and nongovernmental agents to ensure
that environmental safety is maintained. Citizens are secondary addressees. This right sets out a
minimal environmental standard, safety for humans, rather than calling for higher and broader
standards of environmental protection.
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10.6 UNIVERSAL DECLARATION OF HUMAN RIGHTS
After the slaughter of Jews by Germen during World War II (1939-1945), the UN adopted a
Universal Declaration of Human Rights. The declaration affected the terms of several national
constitutions that were written after World War II. The declaration was adopted on December 10,
1948, which is now celebrated annually as Human Rights Day. It is an international document
affirming the dignity and rights of all human beings.
The Universal Declaration of Human Rights was prepared by the Commission on Human Rights of
the Economic and Social Council (ECOSOC) of the United Nations.. French jurist and Nobel laureate
René Cassin was the declaration’s principal author. In 1968 René Cassin was awarded the Nobel
Prize for Peace.
The rights described in the 30 articles of the Universal Declaration of Human Rights include the right
to life, liberty, and security of person; to freedom of conscience, religion, opinion, expression,
association, and assembly; to freedom from arbitrary arrest; to a fair and impartial trial; to freedom
from interference in privacy, home, or correspondence; to a nationality; to a secure society and an
adequate standard of living; to education; and to rest and leisure. The declaration also affirms the
rights of every person to own property; to be presumed innocent until proven guilty; to travel from a
home country at will and return at will; to work under favorable conditions, receive equal pay for
equal work, and join labor unions at will; to marry and raise a family; and to participate in
government and in the social life of the community.
It proclaims that “all human beings are born free and equal” (Article 1) and the second article of the
declaration mention the entitlement of all human races with out any discrimination to these basic
rights. Article 2 says that “Everyone is entitled to all the rights and freedoms set forth in this
Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status.
10.7 The Present Ethiopian Constitution and Human and Democratic Rights
The Revised Constitution of Ethiopia (during the reign of Hileselassie I) included Universal
Declaration of Human Rights for the first time. The 1955 constitution was different from that of the
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1931 because the former included human rights following the Universal Declaration of Human
Rights. The following are some of the human rights provisions of the constitution:
Article 41 Freedom of speech and of the press is guaranteed throughout the Empire in
accordance with the law.
Article 45 Ethiopian subjects shall have the right, in accordance with the conditions
prescribed by law, to assemble peaceably and without arms.
Article 46 Freedom to travel within the Empire and to change domicile therein is assured to all
subjects of the Empire, in accordance with the law.
Article 47 Every Ethiopian subject has the right to engaged in any occupation and, to that end to form
or join associations in accordance with the law.
Article 56 No one shall be subjected to cruel and inhuman punishment.
Article 61 All persons and all private domiciles shall be exempt from unlawful searches and seizures.
The latest, 1987 constitution also included the basic human rights. Chapter Seven (Article 35- Article
58) was concerned with the issuance of human and democratic rights. Article 35, sub article 1
guaranteed all Ethiopians would enjoy equality before the law, regardless of nationality, sex, religion,
occupation, and social or other status. They had the right to marry (Article 37), to work, to rest, to
receive free education, and to have access to health care and to a fair trial. Ethiopians were
guaranteed freedom of conscience and religion. As was not the case in imperial Ethiopia, religion and
the state were proclaimed to be separate institutions. Citizens were assured the freedoms of
movement, speech, press, assembly, peaceful demonstration, and association. Regarding political
participation, citizens had the right to vote and the right to be elected to political office (Article 50).
Sub-article 1&2 of the 2nd article says that all Ethiopian nationalities would be given equal
recognition in the republic.
The existing constitution of Ethiopia made distinction between human and democratic rights. The
chapter three that deals with fundamental rights and freedoms has two parts:
Part One (Article 14 - Article 28) contains Human Rights. The first three articles (Article 14, 15 and
16) are about the right to life, the security of person and liberty. This is based on the crucial point of
the Social contract theory which was the foundation of modern western states societies- all men are
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created equal as well as free. The above mentioned articles of the existing constitution of Ethiopia
prohibit arbitrary arrest, deprivation of life and liberty. They are made in conformity with article 3, 5
and 9 of the Universal Declaration of Human Rights. Article 18 of the present constitution is about
the prohibition against cruel or inhuman treatment-no serfdom or slavery. As any individual citizens
arrested, accused or those persons who are held in custody are all human beings. Thus, they are
expected to enjoy the human rights and be treated as any other human beings. Article 19, 20, 21, 22
and 23 are reserved to the rights of persons arrested, accused, held in custody and imprisoned. These
are human beings who are either suspected criminals or proved to be guilty (sentenced) but still
human beings. Thus, “All persons held in custody and imprisoned upon conviction and sentencing
have the right to treatment respecting their human dignity” (Article 21). They must obtain fair and
timely justice. This may remind us the famous saying; “Justice delayed is justice denied”. Referring
to this the 1995 constitution of Ethiopian says that “accused persons have the right to a public trial by
an ordinary court of law within a reasonable time after having been charged….” (Article 20). It also
indicates that arrested persons would be required to be told immediately, the reason why they were
arrested.” Persons arrested have the right to be informed promptly, in a language they understand, of
the reasons for their arrest and of any charged against them” (Article 19, Sub- article 1). “Persons
arrested have the right to be brought before a court within 48 hours of their arrest” (Article 19 Sub-
article 3). According to article 24 every Ethiopian has the right to respect for his/her human dignity,
the free development of his/her personality and recognition as a person. Article 25 guarantees that
all Ethiopians with no discrimination on the basis of social status, religion, political opinion, skin
color, sex, language etc. are entitled to equal treatment or protection of the law. The right to privacy is
another important right issued by the constitution. It prohibits arbitrary searches of citizens’ home or
his or her personal seizure. This includes the right of citizens to use their own telephone, postal
service, e-mail or any other means of correspondence without the interference of any political organ,
institution or person.
The second part of chapter three (Article 29 –Article 44) contents civil rights or democratic rights.
The first article of this part (Article 29) states the right of thought, opinion and expression. Every
Ethiopian citizen has the right to hold his/her personal view, freedom of expression that includes
“freedom to seek, receive and import information and ideas of all kinds, regardless pf frontiers either
orally, in writing or in print, in the form of art, or through any media of his choice”(Article 29, Sub-
article 2). Provided that the assembly and the demonstration are peaceful and not war propagating
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“every one has the right to assemble and to demonstrate together with others peaceably and unarmed,
and to petition….”(Article 30 Sub-article10). Freedom of association and movement are also the
other important freedoms included in the constitution. Article 31 and 32 respectively point out
freedom of association and movement. Every one has the right to be the member of any organization
or association whose purpose of establishment is not against the well-being of the society. Regarding
freedom of movement, any Ethiopian has the right to establish his residence any where in the territory
of the state. And any one is free to leave the state and return to the state at any time he wishes.
According to Article 35 women have equal rights with men in whatever respect: social, political and
economic. Children as the foundation of the coming society have to have some basic rights. The
rights of children ( Article 36) includes the right to life; a name and nationality; know and be cared
for by his or her parents or legal guardians; not to be forced to work which may cause hazard or harm
to his or her physical or psychological condition or well-being.
Article 38 assures that all Ethiopian citizens “…without any discrimination based on race, color
nation, nationality, sex, language, religion political and other opinion or other status… have the right
to vote and to be elected.
Article 39 is regarding group rights (Rights of Nations Nationalities, and Peoples). Sub- article 1 of
the same article states that “Every Nation, Nationality, and People in Ethiopia has an unconditional
right to self-determination, including the right to secession.”(Sub-article 1) .This means any Nation,
Nationality, and People of Ethiopia is free to separate (secede) itself from the union (federation) and
establish its own independent state. The Nations, Nationalities and peoples in Ethiopia have “the right
to speak, to write and to develop [their] own language; to express, to develop and to promote their
culture; and to preserve its history.”(Sub- article 2)
Articles 40, 41, 42 and 43 deal with economic, social and cultural rights. The right to own private
property is guaranteed by article 40. However this does not include land and other natural resources. “
…ownership of rural and urban land, as well as of all natural resources, is exclusively vested in the
State and in the peoples of Ethiopia.” It also goes on saying that “Land is a common property of the
Nations, Nationalities and Peoples of Ethiopia…”
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Every Ethiopian has the right to engage in whatever economic activity and choose his/her occupation
or profession. In order to protect their rights in group; improve their living and working conditions
civil servants, factory workers, farmers etc have the right to establish professional associations or
trade unions.
The last article of this chapter (Article 44) is about environmental rights. It indicates that every one
has the right to live in clean and healthy living area.
Checklist
 You have know complete unit ten and you need to check whether have understood the basic
1. Identify the one that indicates the universality of Human Rights

A. They cannot be separated from human beings;
B. They are available to all individuals and peoples without discrimination on
the basis of gender, political affiliation, race, religion and so on.
C. There are no hierarchies of human rights
D. No one shall be subjected to arbitrary arrest, detention, or exile"
2. Which one of the following does not characterize The Universal Declaration of Human Rights?
A. It is a declaration that includes natural rights which are interdependent
B. They are enjoyed the whole human race
C. All human rights are interrelated to one another.
D. Human rights are inalienable and natural rights.
E. All of the above
3. One of the following Ethiopian constitutions was the first to include the Universal Declaration of
Human Rights. Which one of that?
A. The 1931 constitution C. The revised constitution
B The 1955 constitution D. The 1995 constitution
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4. The following article is extracted from the 1995 constitution of Ethiopia. What does the article e
refer to?
Every Ethiopian has the right to choose his or her means of livelihood, occupation and profession.
A. Minority and Group Rights
B. Environmental Rights
C. Economic and Social Rights
D. Civil and Political Rights
II. True or false item
1. All human rights are for all human beings.
2. Let a person be in whatever political system, he is entitled with all the benefits that he obtained
naturally.
3. Democratic rights are established on the natural rights
III. Define the following words and phrases
Human Rights Duty

Democratic rights Declaration
Right
IV.Questions for reflection
1. What are the possible results of violation of human rights?

2. The important task of government is protecting the natural rights of citizens. Do you agree? Do you
think that this is true in whatever political system?
REFRENCES
● Thomas Paine, The Rights of Man, New York: Penguin Books, 1985
● Douglas Husak, "The Motivation for Human Rights", (1985)
● Jack Donnelly, Universal Human Rights in Theory and Practice, Ithaca: Cornell University Press,
1989
● Allan Gewirth, "Why There Are Human Rights", (1985)
● Douglas Husak, "Why There Are No Human Rights", (1984)
● John O'Manique, "Universal and Inalienable Human Rights, (1990)
● Gayle Binion, "Human Rights: A Feminist Perspective," (1995)
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UNIT 11
International Relations and Contemporary Global Issues
CONTENTS
11.1Iintroduction
11.2 Objectives
11.3 Meaning and Historical Development of International Relations
11.4 Contemporary Global Issues
 Political tension and armed conflicts:
 Globalization
 Terrorism
 Legal and Security Issues
11.4 The principles and objectives of the International Organizations
11.5 The Major International Organizations
REFERENCES
11.1 Introduction
Dear learner! The relation each regional state with the federal government as well as with other
states is known as international relation. It is true that there is no self-sufficiency at individual or
nation level. Due to lack of self sufficiency, there is interdependency among nations for the purpose
of fulfilling their demands. In addition to that a territorial dispute between or among the neighboring
countries may arise. For this or other reasons, the interaction among the world nation is unavoidable.
This unit deals with the international relations among the world nations. Under this lesson definition
of concept explain about international relations as well as you will discuss the important present
global issues.
On the other hand to resolve the problems that the world nations faced, they established regional or
international organizations. And you will learn the importance of that national and international
relation.
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11.2 Objectives
Dear learner! Citizens require an appropriate knowledge and understanding of the situations in
which the surrounding world is found. The problems that the world faces are the problems that affect
many people of the world. So the people should be fully aware of these problems and ways of solving
them.
At the end of this unit students will be able to
 internalize the value of the culture of tolerance, skills of conflict resolution and
respect for the international order;
 use their intellectual and participatory skills in investigating issues related to the affairs of
their community and their nation;
 develop awareness national policies and international relations
 Identify and explain the current global issues.
11.3 Meaning and Historical Development of International Relations

International relations (IR) is a branch of political science, regarding to the link and connection that a
certain country with other countries, including the roles of states, Inter-Governmental Organizations
(IGOs), Non-Governmental Organizations (NGOs), and Multinational Corporations (MNCs). These
are companies that operate in more than one country.
When we see the historical development of IR often traced back to the Peace treaty of Westphalia
which was, signed on October 24, 1648. The main participants were France and Sweden and their
opponents Spain and the Holy Roman Empire. By the terms of the treaty, the sovereignty and
independence of each state of the Holy Roman Empire was fully recognized, making the Holy Roman
emperor virtually powerless.
The peace treaty closed the Thirty Years' War and readjusted the religious and political affairs of
Europe. Thirty Years’ War is known in the history of Europe as series of European conflicts lasting
from 1618 to 1648, involving most of the countries of Western Europe, and fought mainly in
Germany. At first the struggle was primarily based on the profound religious antagonism engendered
among Germans by the events of the Protestant Reformation. Religious animosity, especially among
non-German adherents of the contending Protestant and Roman Catholic factions, broadened the war.
In 1648 the war came to an end and the peace treaty was signed in the German cities of Münster and
Osnabrück, in Westphalia.
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After this treaty the modern state system was developed ever before. Prior to this, the European
medieval organization of political authority was based on a vaguely hierarchical religious order.
Westphalia peace treaty instituted the notion of sovereignty, which essentially meant that rulers, or
sovereigns, would recognize no internal equals within a defined territory, and no external superiors.
Classical Greek and Roman authority at times resembled the Westphalian system, but both lacked the
notion of sovereignty. Westphalia encouraged the rise of the nation-state and the institutionalization
of diplomacy and armies. This particular European system was exported to the Americas, Africa, and
Asia via colonialism and the "standards of civilization". The contemporary international system is
established on and facilitated by the advancement of science and communication technology.
Today, many of the foundations of the interstate system are being challenged by changes in
technology and international norms. The idea of territorial integrity and a nation’s sovereignty—that
is, it’s absolute authority over its own internal matters—are being undermined. Neither ballistic
missiles nor television signals respect borders. Television, the mass media, telephones, and the
Internet are erasing the boundaries between nations, blending once-distinct cultures together and
expanding transnational connections. Mass communication is also drawing worldwide attention to
domestic issues that in the past were of little concern to other nations, such as human rights, the status
of women, environmental practices, and democracy. These may relate violation sovereignty. Thanks
to the development of science and technology, and the appearance of new phenomenon
(Globalization) the world nations interaction or relation is now very intense. It is because of this
reason that it was said the world was becoming a village. In addition, the territories of nations are
changing from time to time. Some nations are becoming integrated into larger entities—for example,
the European Union. Others are fragmenting into smaller units, as did the Soviet Union and Ethiopia.
Since the 1970s the importance of economics in international relations has grown and the study of
international political economy has received increased attention. Scholars in this field believe that the
primary force driving the interaction between nations is economic, not military. They focus on trade
and economic relations among nations, especially the political cooperation between nations to create
and maintain international organizations which benefit all nations involved, such as the World Bank
and the International Monetary Fund
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Conflicts among nations are inevitable since their political and economic aims and interests often
diverge. Cooperation does not refer to the absence of conflict but to the ability of nations to
peacefully resolve their differences in a way that is acceptable to all parties involved. When
cooperation fails, conflicts often escalate into coercion and ultimately war. As you know war costs so
many things including human life. Still some nations of the world find themselves in armed conflict
or war. In the following sub-unit you see ways of handling conflicts in a peaceful manner.
11.4 Contemporary Global Issues
Today the major issues and problems that confront the peoples and the world states at present are
related to political tension and armed conflicts, economic integration and globalization, terrorism,
legal and security issues.
Political tension and armed conflicts: Globally, political tensions manifest themselves through
ideological differences, territorial disputes, trade imbalances, dispute over utilization of natural
resources etc.
If political tensions are not properly managed, they could lead to conflicts and eventually to violence
or war. Therefore, it is essential to curb political tensions from maturing to armed conflicts through
proper mechanism of conflict management and resolution—peaceful ways of resolving conflicts.
Three peaceful ways of resolving conflicts are identified: Mediation, Arbitration and Negotiation.
Arbitration is the process of resolving disputes between people or groups by referring them to a third
party, either agreed on by them or provided by law, that makes a judgment (Arbitrator). In this case
the third party passes decision which is expected to be binding for the conflicting groups.
Negotiation is a process of reaching of agreement through discussion and compromise. In this case
there is no the third body that either passes decisions or that facilitates the resolution of the dispute. It
requires also the willingness of the conflicting parties (Negotiators) to settle their disputes through
discussion and compromise.
The third type of a peaceful way resolving conflicts is mediation. This way of settling disputes is
possible through the intervention by a third party (Mediator) between two sides in a dispute is an
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attempt to help them reach an agreement. The task of the third body is facilitating a favorable
condition in which those that are in conflict would come to agreement.
! Globalization: Thanks to the contemporary world development in science and technology,

conditions have been created for international economic integration, rather than, isolation and semi-
independence among the world nations. This new phenomenon in the world affecting all aspects of
life is called globalization. Microsoft Encarta Reference Library Encyclopedia gives a comprehensive
definition of globalization and it defines that “Globalization is [phenomenon] of integration and
democratization of the world’s culture, economy, and infrastructure through transnational investment,
rapid proliferation of communication and information technologies, and the impacts of free-market
forces on local, regional and national economies.” (Microsoft Encarta Reference Library
[Encyclopedia], 2003 Globalization: Microsoft Corporation 1993-2002)
Thanks again to the advancement of science and technology speedy communication and information
exchange among the world people are now possible. Due to the appearance of internet and satellite
communication which are incredibly speedy means of information exchange system, space
diminishes. According to physics speed is distance per time. From the relation among speed, distance
(space) and time we can say that as the speed is high the time required to link different areas becomes
negligible and thereby the distance between distant areas conceptually diminishes. Business people
on different continents now engage in electronic commerce (internet and communication satellite);
television allows people situated anywhere to observe the impact of terrible wars or terrorist attack
occurred far from the comfort of their living rooms; teleconference, a conference or seminar held
among people in different places by means of telecommunications equipment, made the physical
appearance of participants less important. Using this technology seminars or conferences are
organized in which participants are located at disparate geographical locations. The Internet allows
people to communicate instantaneously with each other notwithstanding vast geographical distances
separating them. Nowadays sending messages around the world in a split second becomes an easy
task. This situation enables corporations to manage far-flung operations and currency traders to make
their trades anywhere, anytime. In 1848 in the communist manifesto the German socialist theorist
Karl Marx pointed out that the historical development of capitalist production inevitably drove the
bourgeoisie (capitalists) to “nestle everywhere, settle everywhere, and establish connections
everywhere.” In Marx's account the international feature of industrial capitalism constituted the most
basic source of technologies resulting in the compression of space, helping to pave the way for
“intercourse in every direction, universal interdependence of nations.” (Marx, 1979 [1848]: 476)
Communications technology literally makes the global corporation and global markets easy. People
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around the globe are more connected to each other than ever before. The flow of information and
money, at global level became quicker than ever before. This is possible due to the existence of
transnational corporations here and there. Goods and services produced in one part of the world are
increasingly available in all parts of the world. International travel is more frequent. International
communication is commonplace. This phenomenon made the world a small village (“Global
village”).
Pros and cons of Globalization

Nowadays globalization is becoming a debatable issue different of scholars. There are two views
about globalization: the first view is in favor of globalization and the other one against it or it says
that the negative impact weighs more than its positive aspects. Let us see the two views below.
According to globalization advocates, globalization makes more goods available to more people,
disseminates new technologies, and encourages a more efficient allocation of resources among
nations. In addition, supporters note that trade helps hold down inflation and increase product quality
around the world because imports create competition that compels domestic industries to keep prices
down while producing better goods and services. Those who are in favor of this phenomenon are
telling us that free trade encourages the national or domestic industries that inevitably in competition
with those giant transnational corporations to produce good quality commodities. Thus, globalization
has a positive effect on the production of goods that have the highest or finest standard. On top of
this, they argued that globalization would promote international trade that would lift living standards
around the world. It favors the world nations in different aspects: it facilitates the rapid flow of
information from one corner of the world to the other; it encourages the development of industries.
The World Trade Organization (WTO) director-general Michael Moore noted that increased trade
was the best tool to raise living standards in developing nations. Through trade, he explained, a
country such as South Korea has living standards that rival those of many wealthy nations. Thanks to
trade, it has moved from having an agricultural economy to being an industrial powerhouse,
producing automobiles, television sets, and other sophisticated products. On the other hand, there are
those who are averse to globalization. Some scholars criticize globalization because it impoverishes
the developing nations while it enriches the industrial nations ever before. Developing nations are
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expected to implement liberal economy and democratize themselves, so as to get loans from IMF and
World Bank. The following article indicates how globalization suffered developing nations.
At the end of the 20th century many developing countries, especially in Africa, still lacked a strong
industrial sector.
These countries continued to rely on money earned from exports of cash crops and raw materials
to buy manufactured goods and service their debts. An emphasis on the export of cash crops and
raw materials leads to increases in production. As transportation became more efficient, countries
began to compete to sell the same goods and more goods and increased competition drove down
prices. This cycle perpetuated poverty.
Facing an inability to attract further investment or pay for imports, many debtor nations turned to
the World Bank and the IMF during the 1980s and 1990s for relief in the form of extended credit
and new loans. In exchange for this relief, debtor countries had to present a plan of reforms to the
lending institutions. These reforms often included privatization plans and reductions in
government expenditures. The measures were intended to ensure that these countries could repay
their loans, but reforms were often painful.
(Microsoft Encarta Reference Library Encyclopidia article: Life in the Global Marketplace, Microsoft
Corporation, 1993-2002.)
Globalization has an impact on the sovereignty of nations. Opponents of globalization argue that
freedom from outside interference and the right to self-government of states were violated by the
globalization that brought about economic integrity and interdependence. Governments themselves
are joining regional trade groupings to give themselves more size and power in a globalizing world.
European nations have submerged much of their national sovereignty in the European Union (EU), by
far the most evolved of these groupings. The EU nations are using a common currency, the euro. in
January 1999, and several others are expected to join. Over time, many analysts believe the common
currency will force EU nations to coordinate many other policies, such as budgeting and taxation (see
below). Analysist anticipated a single European government and euro is widely viewed as a decisive
step towards it. Despite growing regional cooperation, national governments have seen globalization
erode much of their ability to control their own economies as traders and corporations move beyond
the reach of national law. For the world's market-oriented democracies, erosion of national
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sovereignty means a reduction in the power of the ordinary citizen's ability to influence events
through the vote; hence, they concluded that it had the potential to erode democracy.
Terrorism: One of the problems that the present world faces is terrorism. “Terrorism”, defines
dictionary, “is violence or the threat of violence, especially bombing, kidnapping, and assassination,
carried out for political purposes” (Microsoft Encarta Dictionary, 2003).
Terrorism results in violation of the basic human rights; such as the right to liberty (kidnapping), the
right to life. In the present world terrorism is a great threat of the world that required the collaborative
effort of world nations. Regarding this the UN Secretary-General Kofi Annan pointed out that
! “Terrorism is a global threat with global effects; ... its consequences affect every aspect of the
United Nations agenda – from development to peace to human rights and the rule of law. … By its
very nature, terrorism is an assault on the fundamental principles of law, order, human rights, and
the peaceful settlement of disputes upon which the United Nations is established. … The United
Nations has an indispensable role to play in providing the legal and organizational framework within
which the international campaign against terrorism can unfold” (The UN office on Drugs and Crime
press release: Global Program against Terrorism on internet on Monday, 24 May 2004).
Terrorism often targets innocent civilians in order to create an atmosphere of fear, intimidation, and
insecurity. Some terrorists deliberately direct attacks against large numbers of ordinary citizens who
simply happen to be in the wrong place at the wrong time. Terrorism disturbs the peaceful living
condition of civilians. It prefers war, threat or violence to round table discussion or peaceful ways of
resolving conflicts that has been discussed above. Terrorists attempt to introduce sudden feeling of
fear or anxiety, especially among the victims or their target country. Terrorism is therefore designed
to have psychological effects that reach far beyond its impact on the immediate victims or object of
an attack. Terrorists mean to frighten and thereby intimidate a wider audience, such as a rival ethnic
or religious group, an entire country and its political leadership, or the international community as a
whole.
A terrorist act is a political act “because it involves the acquisition and use of power for the purpose
of forcing others to submit, or agree, to terrorist demands. A terrorist attack, by generating publicity
and focusing attention on the organization behind the attack, is designed to create this power. It also
fosters an environment of fear and intimidation that the terrorists can manipulate. As a result
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terrorism’s success is best measured by its ability to attract attention to the terrorists and their cause
and by the psychological impact it exerts over a nation and its citizens.” (Microsoft Encarta Reference
Library, 2003 Encyclopedia article on Terrorism Microsoft Corporation. 1993-2002)
Legal and Security Issues: Among the legal issues that arise between states of the world are those
related with genocide, drug trafficking, international robbery, violation and abuse of human rights etc.
Border disputes, nuclear proliferation and building of war weapons, nuclear waste disposal, the
problem of the equitable use of international waters and natural resources etc. are referred as security
issues.
The relations among states are basically regulated by International Law. International Law is a body
of principles and rules of conduct that nations regard as binding upon them and, therefore, are
expected to and usually do observe in their relations with one another. It is a law of the international
community. The International Court of Justice, the UN judiciary organ is responsible to interpret and
execute this International Law.
Whenever legal or security disputes arise between states it is expected that the parties to the dispute
should resolve their differences with mutual comprehension or understanding. If they fail to come up
with a solution they possibly present their cases for arbitration to the International Court of Justice.
(see below for further explanation about the International Court of Justice)
11.5 The principles and objectives of the International Organizations

International relation is the method created to deal with the above mentioned current global issues
and problems. So as to deal their relations or problems world states establish international or regional
organizations.
The main conditions for the establishment of the regional or international institutions are:
 Due to the division of the world in to different states as independent political units.
 Due to the necessity of relations interdependence between the states.
 because states must develop an awareness of the problem which arise out of their
 coexistence
 states must also recognize the need for creation of systematic methods
 For regulating their relations with each other.
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The interdependence of nations in the modern world means that no single nation can dictate the
outcome of international conflicts. Nor can private groups and individuals rely on national
governments to solve major world problems. Therefore, both governments and individuals will
continue to turn to the International Organizations as an important way to address these problems and
to protect their own interests.
The following international and regional organizations are the results of development in the above
areas.
11.6 The Major International Organizations
The United Nations Organization (UNO): In 1945, representatives of 50 countries met in San
Francisco at the United Nations Conference on International Organization to draw up the United
Nations Charter. The Organization officially came into existence on 24 October 1945, when the
Charter had been ratified by the five veto powers: China, France, the previous Soviet Union, the
United Kingdom, the United States and a majority of other signatories. United Nations Day is
celebrated on 24 October. The charter is the constituting instrument of the United Nations, setting out
the rights and obligations of Member States, and establishing the Organization's organs and
procedures.
Purpose: The purposes of the United Nations, as set forth in the Charter one are to maintain
international peace and security; to develop friendly relations among nations; to cooperate in solving
international economic, social, cultural and humanitarian problems and in promoting respect for
human rights and fundamental freedoms; and to be a centre for harmonizing the actions of nations in
attaining these ends.
Structure: The six principal organs of the United Nations are the: General Assembly, Security
Council, Secretariat, Economic and Social Council, Trusteeship Council and International Court of
Justice. In addition to these the United Nations has 15 agencies and several programs and bodies that
assist the organization to perform its intended tasks properly.
The General Assembly
The General Assembly is the main deliberative organ of the United Nations. It is composed of
representatives of all Member States, each of which has one vote. Decisions on important questions,
such as those on peace and security, admission of new Members and budgetary matters, require a
two-thirds majority. Decisions on other questions are reached by a simple majority.
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FUNCTIONS AND POWERS
Under the Charter 4, article 10 of the UN the functions and powers of the General Assembly include:
● to consider and make recommendations on the principles of cooperation in the maintenance of
international peace and security, including the principles governing disarmament and arms regulation;
● to discuss any question relating to international peace and security and, except where a dispute or
situation is being discussed by the Security Council, to make recommendations on it;
● to discuss and, with the same exception, make recommendations on any question within the
scope of the Charter or affecting the powers and functions of any organ of the United Nations; to
initiate studies and make recommendations to promote international political cooperation, the
development and codification of international law, the realization of human rights and fundamental
freedoms for all, and international collaboration in economic, social, cultural, educational and health
fields;
● to make recommendations for the peaceful settlement of any situation, regardless of origin,
which might impair friendly relations among nations;
● to receive and consider reports from the Security Council and other United Nations organs;
● to consider and approve the United Nations budget and to apportion the contributions among
Members;
● to elect the non-permanent members of the Security Council, the members of the Economic and
Social Council and those members of the Trusteeship Council that are elected;
● to elect jointly with the Security Council the Judges of the International Court of Justice; and, on
the recommendation of the Security Council, to appoint the Secretary-General.
The Security Council

The Security Council is the most powerful body in the UN. It has primary responsibility, (under the
Charter, article 23) for the maintenance of international peace and security and for restoring peace
when conflicts arise. The same Chapter and article determined that the Security Council would
consist of fifteen Members of the United Nations. Its decisions are binding on all UN members. The
Security Council has the power to define what is a threat to security, to determine how the UN should
respond, and to enforce its decisions by ordering UN members to take certain actions. For example,
the Council may impose economic sanctions, such as halting trade with a country it considers an
aggressor.
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The Council convenes any time there is a threat to peace. A representative from each member country
who sits on the Council must be available at all times so that the Council can meet at a moment’s
notice. The Security Council also frequently meets at the request of a UN member—often a nation
with a grievance about another nation’s actions.
Out of the 15 members of the Security Council the five “great powers” hold permanent seats. The
Assembly elects the other ten members for two-year terms. The five permanent members—the United
States, Britain, France, Russia (formerly the Soviet Union), and China—have the most power. These
nations were the winning powers at the end of World War II, and they still represent the bulk of the
world’s military might. Decisions of the Council require nine votes. But any one of the permanent
members can veto an important decision. This authority is known as the veto right of the great
powers. As a result, the Council is effective only when its permanent members can reach a consensus.
This created problems during the Cold War, the post-1945 struggle between the United States and
Soviet Union that ended when the Soviet Union dissolved in 1991. The period of Cold War was a
situation in which the council has exhibited no further progress to solve the dispute between United
States and Soviet Union, because the two ideologically antagonistic states were unwilling to change
their positions or to compromise In the 1990s, increased cooperation between the United States and
Russia has enabled the council to become more effective.
The Council has a variety of ways it can try to resolve conflicts between countries. Usually the
Council’s first step is to encourage the countries to settle their disagreements without violence. The
Council can mediate a dispute or recommend guidelines for a settlement. It can send peacekeeping
troops into a distressed area. If war breaks out, the Council can call for a ceasefire. It can enforce its
decisions by imposing economic sanctions on a country, or through joint military action.
Since the 1990s, there has been growing controversy over which countries should have permanent
seats on the Council. Some nations believe that other countries beside the original five should be
included. For example, Japan and Germany are powerful countries that pay large membership dues
and make substantial contributions to the UN, yet they do not have permanent seats. There is no easy
solution to this problem. Political scientists argue that adding more permanent members would create
its own set of complications, including how to decide which countries get a seat and which do not.
For example, if Germany joined, three of the permanent members would be European, giving that
region an unfair advantage. Several proposals for addressing this problem have been considered,
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including adding Germany and Japan as permanent members, waiving the veto power of the
permanent members, and limiting Council membership to one year. Thus far, none of the proposals
have been adopted, partly because the present structure works well for the five permanent members
and they can veto any changes to it.
The Security Council, it has primary responsibility, under the Charter 5, article 23 for the
maintenance of international peace and security. The same Chapter and article determined that the
Security Council would consist of fifteen Members of the United Nations. The Republic of China,
France, the previous Union of Soviet Socialist Republics, the United Kingdom of Great Britain and
Northern Ireland, and the United States of America would be permanent members of the Security
Council. Ten other Members of the United Nations would be elected by the General Assembly to be
non-permanent members of the Security Council,
When a complaint concerning a threat to peace is brought before it, the Council's first action is
usually to recommend to the parties to try to reach agreement by peaceful means. Article 33, sub-
article 1 states the pacific settlement of disputes in the following manner.
“The parties to any dispute, the continuance of which is likely to endanger the maintenance
of international peace and security, shall, first of all, seek a solution by negotiation, enquiry,
mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or
arrangements, or other peaceful means of their own choice.”
When a dispute leads to fighting, the Council's first concern is to bring it to an end as soon as
possible. On many occasions, the Council has issued cease-fire directives which have been
instrumental in preventing wider hostilities. It also sends United Nations peace-keeping forces to help
reduce tensions in troubled areas keep opposing forces apart and create conditions of calm in which
peaceful settlements may be sought. The Council may decide on enforcement measures, economic
sanctions (such as trade embargoes) or collective military action.
A Member State against which preventive or enforcement action has been taken by the Security
Council may be suspended from the exercise of the rights and privileges of membership by the
General Assembly on the recommendation of the Security Council. A Member State which has
persistently violated the principles of the Charter may be expelled from the United Nations by the
Assembly on the Council's recommendation.
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Under the Charter, the functions and powers of the Security Council are:
● To maintain international peace and security in accordance with the principles and purposes of
the United Nations;
● To investigate any dispute or situation which might lead to international friction;
● To recommend methods of adjusting such disputes or the terms of settlement;
● To formulate plans for the establishment of a system to regulate armaments;
● To determine the existence of a threat to the peace or act of aggression and to recommend what
action should be taken;
● To call on Members to apply economic sanctions and other measures not involving the use of
force to prevent or stop aggression;
● To take military action against an aggressor;
● To recommend the admission of new Members;
● to exercise the trusteeship functions of the United Nations in "strategic areas";
● To recommend to the General Assembly the appointment of the Secretary-General and, together
with the Assembly, to elect the Judges of the International Court of Justice.
The Secretariat
The Secretariat is the UN’s executive branch. It oversees the administration of the UN’s programs
and policies and carries out day-to-day operations. This branch is headed by the secretary general,
who acts as the UN’s spokesperson.
The UN’s Secretariat staff includes administrators, experts on technical issues such as environmental
protection, and economic advisors working on various programs and projects in the member
countries. These workers have a variety of responsibilities, such as overseeing the operations of
peacekeeping missions, preparing studies on world issues, organizing international conferences, and
surveying economic and social trends. The largest concentration of staff outside New York City is in
Geneva, Switzerland, where several UN programs and agencies have headquarters.
One purpose of the Secretariat is to develop an international civil service of diplomats and
bureaucrats whose loyalties are not tied to any one country. The staff answers only to the UN and
takes an oath not to obey any outside authority. The UN charter calls on its members to respect the
independence and international character of the staff. However, the UN has had mixed success
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following through on this ideal. The secretary general is generally seen as an independent diplomat.
But member nations still compete to place their citizens in control of staffs that administer important
UN programs.
In the early 1990s the UN bureaucracy came under increasing criticism for inefficiency and even
corruption. Much of this criticism came from the United States, which believed it was bearing an
unfair share of the costs of supporting the UN. By the mid-1990s, these criticisms had led to a series
of reforms, including budget and staff reductions.
The secretary general

The secretary general is a powerful public figure who oversees the daily operations of the UN and
plays a major role in setting the organization’s agenda in international security affairs. The secretary
general under Article 99 of the charter can bring to the Security Council any matter that might
threaten world peace. The secretary general has the authority to serve as a neutral mediator in
international conflicts and to bring hostile parties together to negotiate. The secretary general’s
personal attention to a problem can often help bring about a resolution. For example, in the 1990s
Secretary General Boutros Boutros-Ghali personally mediated conflicts in Somalia, the former
Yugoslavia, and elsewhere.
The Economic and Social Council

The Economic and Social Council (ECOSOC) works under the authority of the General Assembly to
coordinate the economic and social work of the UN. ECOSOC has 54 member countries elected by
the General Assembly for overlapping three-year terms. Seats on the Council are allotted based on
geographical representation with fourteen allocated to African States, eleven to Asian States, six to
Eastern European States, ten to Latin American and Caribbean States, and thirteen to Western
European and other States.
The Economic and Social Council coordinates the work of the 14 UN specialized agencies, 10
functional commissions and five regional commissions; receives reports from 11 UN funds and
programs); and issues policy recommendations to the UN system and to Member States. The agencies
operate independently but work with other programs in the UN. Those programs include the World
Health Organization (WHO), the United Nations Educational, Scientific and Cultural Organization
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(UNESCO), the International Labor Organization (ILO), and the Food and Agriculture Organization
(FAO).
Under the UN Charter ECOSOC is responsible for promoting higher standards of living, full
employment, and economic and social progress; identifying solutions to international economic,
social and health problems; facilitating international cultural and educational cooperation; and
encouraging universal respect for human rights and fundamental freedoms. Article 62 of the Charter
lists the following powers and functions of the council.
1. The Economic and Social Council may make or initiate studies and reports with respect to
international economic, social, cultural, educational, health, and related matters and may make
recommendations with respect to any such matters to the General Assembly, to the Members of the
United Nations, and to the specialized agencies concerned.
2. It may make recommendations for the purpose of promoting respect for, and observance of, human
rights and fundamental freedoms for all.
3. It may prepare draft conventions for submission to the General Assembly, with respect to matters
falling within its competence.
4. It may call, in accordance with the rules prescribed by the United Nations, international
conferences on matters falling within its competence.
In carrying out its mandate, ECOSOC consults with academics, business sector representatives and
more than 2,100 registered non-governmental organizations. The Council holds a four-week
substantive session each July, alternating between New York and Geneva. The session includes a
high-level segment, at which national cabinet ministers and chiefs of international agencies and other
high officials focus their attention on a selected theme of global significance. This year, the high-level
segment will cover "Resources mobilization and enabling environment for poverty eradication in the
context of the implementation of the Program of Action for the Least Developed Countries for the
Decade 2001-2010". The Council will adopt a Ministerial Declaration, providing policy guidance and
recommendations for action.
The Trusteeship Council
In setting up an International Trusteeship System, the Charter established the Trusteeship Council as
one of the main organs of the United Nations and assigned to it the task of supervising the
administration of Trust Territories placed under the Trusteeship System. Trusteeship System refers to
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the administration of a country that is not self-governing by a foreign country under terms laid down
by the United Nations
Major goals of the System were to promote the advancement of the inhabitants of Trust Territories
and their progressive development towards self-government or independence. The Trusteeship
Council is made up of the five permanent members of the Security Council --China, France, Russian
Federation, United Kingdom and United States.
The aims of the Trusteeship System have been fulfilled to such an extent that all Trust Territories
have attained self-government or independence, either as separate States or by joining neighboring
independent countries. For example, Eritrea between the years was trust territory under the
administration of Britain (1942-1952) until it was unified with Ethiopia in 1952.
Under the Charter, the Trusteeship Council is authorized to examine and discuss reports from the
Administering Authority on the political, economic, social and educational advancement of the
peoples of Trust Territories and, in consultation with the Administering Authority, to examine
petitions from and undertake periodic and other special missions to Trust Territories.
The International Court of Justice

The International Court of Justice, also known as the World Court, is the principal judicial organ of
the United Nations. Its seat is at the Peace Palace in The Hague (Netherlands). It began work in 1946,
when it replaced the Permanent Court of International Justice which had functioned in
the Peace Palace since 1922(in the period of League of Nations). It operates under a Statute largely
similar to that of its predecessor, which is an integral part of the Charter of the United Nations.
Functions of the Court

The Court has a dual role: to settle in accordance with international law the legal disputes submitted
to it by States, and to give advisory opinions on legal questions referred to it by duly authorized
international organs and agencies.
Composition
The Court is composed of 15 judges elected to nine-year terms of office by the United Nations
General Assembly and Security Council sitting independently of each other. It may not include more
than one judge of any nationality. Elections are held every three years for one-third of the seats, and
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retiring judges may be re-elected. The Members of the Court do not represent their governments but
are independent magistrates.
The judges must possess the qualifications required in their respective countries for appointment to
the highest judicial offices, or be jurists of recognized competence in international law. The
composition of the Court has also to reflect the main forms of civilization and the principal legal
systems of the world. When the Court does not include a judge possessing the nationality of a State
party to a case that State may appoint a person to sit as a judge ad hoc for the purpose of the case.
AFRICAN UNION
Organization of African Unity (OAU) that preceded African Union, established in 1963 at Addis
Ababa, Ethiopia, by 37 independent African nations to promote unity and development; defend the
sovereignty and territorial integrity of members; eradicate all forms of colonialism; promote
international cooperation; and coordinate members' economic, diplomatic, educational, health,
welfare, scientific, and defense policies. The OAU was, at the time, the most significant result of Pan-
Africanism which anticipated the establishment of the United States of Africa. The organization
mediated several border and internal disputes and was instrumental in bringing about majority rule
and the end of apartheid in South Africa, which in 1994 became the 53rd nation to be admitted to the
organization. In 1997, OAU members established the African Economic Community (AEC),
envisioned as an African common market; the AEC signed an agreement with regional African
economic groupings that was intended to lead to harmonization of policies of those common markets.
A more radical expansion and transformation of the OAU was adopted at Lome, Togo, in 2000, in the
form of the Constitutive Act of the African Union (AU). The AU is a successor organization to the
OAU with greater powers to promote African economic, social, and political integration, and a
stronger commitment to democratic principles. The AU was first proposed in 1999 by Libyan leader
Moammar Gadhafi as a more effective institution for increasing prosperity throughout the region. In
general, it is hoped that the new AU will have the authority and the ability to achieve true economic
and political integration among its member states by promoting democratic values, defending human
rights and providing a forum for internal and regional conflict. The 53 African states who composed
the OAU are now members of the new inter-governmental organization, the AU, modeled after the
European Union (EU). It is headquartered in Ethiopia.
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The Vision of the AU
● The AU is Africa’s premier institution and principal organization for the promotion of
accelerated socio-economic integration of the continent, which will lead to greater unity and
solidarity between African countries and peoples.
● The AU is based on the common vision of a united and strong Africa and on the need to build a
partnership between governments and all segments of civil society, in particular women, youth and
the private sector, in order to strengthen solidarity and cohesion amongst the peoples of Africa.
● As a continental organization it focuses on the promotion of peace, security and stability on the
continent as a prerequisite for the implementation of the development and integration agenda of the
Union.
The Objectives of the AU

● To achieve greater unity and solidarity between the African countries and the peoples of Africa;
● To defend the sovereignty, territorial integrity and independence of its Member States;
● To accelerate the political and socio-economic integration of the continent;
● To promote and defend African common positions on issues of interest to the continent and its
peoples;
● To encourage international cooperation, taking due account of the Charter of the United Nations
and the Universal Declaration of Human Rights;
● To promote peace, security, and stability on the continent;
● To promote democratic principles and institutions, popular participation and good governance;
● To promote and protect human and peoples' rights in accordance with the African Charter on
Human and Peoples' Rights and other relevant human rights instruments;
● To establish the necessary conditions which enable the continent to play its rightful role in the
global economy and in international negotiations;
● To promote sustainable development at the economic, social and cultural levels as well as the
integration of African economies;
● To promote co-operation in all fields of human activity to raise the living standards of African
peoples;
● To coordinate and harmonize the policies between the existing and future Regional Economic
Communities for the gradual attainment of the objectives of the Union;
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● To advance the development of the continent by promoting research in all fields, in particular in
science and technology;
● To work with relevant international partners in the eradication of preventable diseases and the
promotion of good health on the continent.
The Organs of the AU
The Assembly
"Assembly" means the Assembly of Heads of State and Government of the Union.
1. The Assembly shall be composed of Heads of States and Government or their duly accredited
representatives.
2. The Assembly shall be the supreme organ of the Union.
3. The Assembly shall meet at least once a year in ordinary session. At the request of any Member
State and on approval by a two-thirds majority of the Member States, the Assembly shall meet in
extraordinary session.
4. The Office of the Chairman of the Assembly shall be held for a period of one year by a Head of
State or Government elected after consultations among the Member States
Powers and Functions of the Assembly

1. The functions of the Assembly shall be to:
(a) determine the common policies of the Union;

(b) receive, consider and take decisions on reports and recommendations from the other
organs of the Union;
(c) consider requests for Membership of the Union;
(d) establish any organ of the Union;
(e) monitor the implementation of policies and decisions of the Union as well ensure
compliance by all Member States;
(f) adopt the budget of the Union;
(g) give directives to the Executive Council on the management of conflicts, war and other
emergency situations and the restoration of peace;
(h) appoint and terminate the appointment of the judges of the Court of Justice;
(i) appoint the Chairman of the Commission and his or her deputy or deputies and
Commissioners of the Commission and determine their functions and terms of office.
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2. The Assembly may delegate any of its powers and functions to any organ of the Union.
Decisions of the Assembly
1. The Assembly shall take its decisions by consensus or, failing which, by a two-thirds majority of
the Member States of the Union. However, procedural matters, including the question of whether a
matter is one of procedure or not, shall be decided by a simple majority.
2. Two-thirds of the total membership of the Union shall form a quorum at any meeting of the
Assembly.
The Executive Council

"Executive Council" means the Executive Council of Ministers of the Union. It is composed of
Ministers or Authorities designated by the Governments of Members States. The Executive Council
is responsible to the Assembly.
1. The Executive Council shall be composed of the Ministers of Foreign Affairs or such other
Ministers or Authorities as are designated by the Governments of Member States.
2. The Executive Council shall meet at least twice a year in ordinary session. It shall also meet in an
extra-ordinary session at the request of any Member State and upon approval by two-thirds of all
Member States.
Decisions of the Executive Council

1. The Executive Council shall take its decisions by consensus or, failing which, by a two-thirds
majority of the Member States. However, procedural matters, including the question of whether a
matter is one of procedure or not, shall be decided by a simple majority.
2. Two-thirds of the total membership of the Union shall form a quorum at any meeting of the
Executive Council
The Commission
1."The Commission" means the Secretariat of the Union. 1. There shall be established a Commission
of the Union, which shall be the Secretariat of the Union.
2. The Commission shall be composed of the Chairperson, his or her deputy or deputies and the
Commissioners. They shall be assisted by the necessary staff for the smooth functioning of the
Commission.
3. The structure, functions and regulations of the Commission shall be determined by the Assembly
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The Permanent Representatives' Committee Composed of Permanent Representatives of
Member States accredited to the Union. The Permanent Representatives Committee is charged
with the responsibility of preparing the work of the Executive Council.
Peace and Security Council (PSC)

By decision AHG/Dec 160 (xxxvii) of the Summit of Lusaka, July 2001, a decision was made for the
creation within the African Union of the Peace and Security Council. The Protocol establishing the
PSC is in the process of ratification
Pan-African Parliament.
The Economic, Social and Cultural Council, an advisory organ composed of different A Pan-
African Parliament and organ to ensure the full participation of African peoples in governance,
development and economic integration of the Continent. The protocol relating to the
composition, powers, functions and organization of the Pan-African Parliament has been signed
by Member States and is in the process of ratification. It was in this year, 2004 that the pan-
African Parliament was established.
The Economic, Social and Cultural Council (ECOSOCC)
social and professional groups of the Member States of the Union. The statutes determining the
functions, powers, composition and organization of the Economic, Social and Cultural Council
have been prepared and will be submitted to Maputo Summit.
The Court of Justice

A Court of Justice of the Union shall be established. The statutes defining the composition and
functions of the Court of Justice have been prepared and will be submitted to the Assembly in
Maputo.
The Specialized Technical Committees
The following Specialized Technical Committees are meant to address sartorial issues and are at
Ministerial Level:
 The Committee on Rural Economy and Agricultural Matters;
 The Committee on Monetary and Financial Affairs;
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 The Committee on Trade, Customs and Immigration Matters;
 The Committee on Industry, Science and Technology, Energy, Natural Resources and
Environment;
 The Committee on Transport, Communications and Tourism;
 The Committee on Health, Labor and Social Affairs; and
 The Committee on Education, Culture and Human Resources.
 The Financial Institutions
 The African Central bank
 The African Monetary Fund
 The African Investment Bank
EUROPIAN UNION
Origins
The original impetus for the founding of (what was later to become) the European Union was the
desire to rebuild Europe after the disastrous events of World War II, and to prevent Europe from ever
again falling in disaster.
History
The body was originally known as the European Economic Community (informally called the
Common Market in the UK), this later changed to the European Community and then to the European
Union. The EU has evolved from a trade body into an economic and political partnership.
Member States
At present, the European Union comprises 15 member states. In 1950 the six founding members
were:
France Italy West Germany
Belgium Netherlands Luxemburg
Nine further states have joined in successive waves of enlargement:

in 1973: Ireland the United Kingdom and Denmark and
in 1981:Greece
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in 1987Spain and Portugal in 1995: Finland, Sweden and Austria
EU territories outside Europe
France: the four overseas departments d'outre-mer (DOM) of French Guiana in South America,
Guadeloupe and Martinique in the Caribbean Sea, and La Reunion in the Indian Ocean., Spain:
Canary Islands in the Atlantic Ocean, Ceuta and Melilla, in Africa.
Portugal: Azores and Madeira in the Atlantic Ocean.
France: French Polynesia, Wallis and Futuna, New Caledonia, Saint Pierre and Miquelon, Mayotte
and uninhabited territories...
Denmark: Greenland, FaroeIsland..
Extension of the EU
The total area of the European Union is 3,235,000 km2 Were it a country, it would be the eighth
largest in the world by area. The number of EU citizens (all EU member State citizens are EU citizens
under the terms of the Maastricht treaty) is approximately 379 million as of October 2001. In
population size this is the third largest in the world after China and India.
Economic Status
The EU, considered as a unit, has the second largest economy in the world, with a 2002 GDP of 8,447
billion euro, second only to that of the United States (9,239 billion euro, 2002 equivalent). The EU
economy is expected to grow further over the next decade as more countries join the union - although
the new States are usually poorer than the EU average, and hence GDP per capita over the whole
Union will fall over the short-term.
Main Policies
Free Trade of goods and services among member states A common external custom tariff, and a
common position in international trade negotiations
Removal of border controls between its member states (excluding the UK and Ireland, which have
derogations)
Freedom for citizens of its member states to live and work anywhere within the EU, provided they
can support themselves (also extended to the other EEA states).
Freedom for its citizens to vote in local government and European Parliament elections in any
member state
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Free movement of capital between member states and other EEA states. Harmonization of
government regulations, corporations law and trademark registrations
A single currency, the Euro (excluding the UK, Sweden and Denmark, which have
derogations).These three states still use their own monetary unit.
A large amount of environmental policy co-ordination throughout the Union.
A Common Agricultural Policy and a Common Fisheries Policy.
Co-operation in criminal matters, including sharing of intelligence (through EUROPOL), agreement
on common definition of criminal offences .A Common foreign policy as a future objective, however
this has some way to go before being realized. A Common security policy as an objective, including
the creation of a 60,000-member Rapid Reaction Force for peacekeeping purposes, an EU military
staff and an EU satellite enter (for intelligence purposes)
Common policy on asylum and immigration
Common system of indirect taxation, the VAT, as well as common customs duties and excises on
various products
Funding for the development of disadvantaged regions (structural and cohesion funds)
Funding for program in candidate countries and other Eastern European countries, as well as aid to
many developing countries
Funding for research
As the deadline for EMU approached, misgivings arose from many quarters that the economic
climate was not right, that levels of economic performance across the countries were still too
disparate, and that several countries had not strictly met the Maastricht criteria. However, the EU
officially agreed in May 1998 to adopt a single European currency—the euro—for 11 of the 15
member countries beginning on January 1, 1999. This agreement also created the European Central
Bank (ECB) to oversee the new currency and to take charge of the monetary policies of the EU. The
countries that adopted the euro were Austria, Belgium, Finland, France, Germany, Ireland, Italy,
Luxembourg, The Netherlands, Portugal, and Spain. Greece adopted the euro in January 2001,
becoming the 12th member of the euro zone.
The United Kingdom, Sweden, and Denmark met the economic criteria to join in the adoption of the
euro but decided not to participate. Greece had hoped to be included in the first wave of countries to
adopt the euro but did not meet the criteria. On January 1, 1999, the 11 nations began to use the euro
for electronic money transfers and for accounting purposes, while continuing to use their individual
161
currencies for other uses. In 2002 the ECB will begin issuing euro coins and banknotes. At that point
the currency of the countries that have adopted the euro will cease to be legal tender.
STRUCTURE OF THE EU
The members of the EU cooperate in three areas, often referred to as pillars. At the heart of this
system is the EC pillar with its supranational functions and its governing institutions. The EC pillar is
flanked by two pillars based on intergovernmental cooperation: Common Foreign and Security Policy
(CFSP) and Justice and Home Affairs (JHA). These two pillars are a result of the Maastricht
agreement to develop closer cooperation in these areas. However, because the members were
unwilling to cede authority to supranational institutions, policy decisions in these pillars are made by
unanimous cooperation between members and cannot be enforced. For the most part, the governing
institutions of the EC pillar have little or no input in the other two.
The CFSP and JHA pillars are based entirely on intergovernmental cooperation, and decisions have to
be made unanimously. CFSP is a forum for foreign policy discussions, common declarations, and
common actions that work toward developing a security and defense policy. It has successfully
developed positions on a range of issues and has established some common policy actions; however,
the CFSP has failed to agree on a common security and defense. Some countries, led by France, want
an integrated European military force, while others, especially the United Kingdom, insist that United
States involvement via the North Atlantic Treaty Organization (NATO) is vital for European security.
This second argument was reinforced when the EU failed to resolve the Yugoslavian crisis that began
in 1991. Between 1991 and 1992 the Yugoslav republics of Slovenia, Croatia, Bosnia and
Herzegovina, and Macedonia declared independence, leaving a Yugoslavia that consisted only of the
republics of Serbia and Montenegro. The Croatian and Bosnian secessions were strongly opposed by
Serbia, and violent conflict resulted between ethnic Bosnian, Croat, and Serb populations. The EU
attempted to find a settlement for these conflicts. However, these efforts were ineffective because EU
members could not agree on how they should be involved, and they feared being dragged into
military intervention. The Yugoslav crisis underlined the difficulties in achieving a common foreign
policy for the EU. Effective international intervention in Yugoslavia ultimately came only with U.S.
and NATO involvement, acting under the auspices of the United Nations. (Microsoft Encarta
Encyclopedia 2003. ar1993-2001 Microsoft Corporation.)
162
The EC pillar contains all the governing institutions of the EU. The major organs of the EU are the
European Commission, the Council of the European Union, the European Parliament, the European
Court of Justice, and the Court of Auditors. In addition, there are many smaller bodies in the EU,
such as the Economic and Social Committee, and the Committee of the Regions.
European Commission
The European Commission is the highest administrative body in the EU. Unlike the European
Council, which oversees all three pillars of the EU, the commission concentrates almost solely on the
EC pillar. It initiates, implements, and supervises policy. It is also responsible for the general
financial management of the EU and for ensuring that member states adhere to EU decisions. The
commission is meant to be the engine of integration, and it spearheaded the preparations for the single
market and the moves toward establishing the euro.
Currently there are 20 commissioners, who are appointed by the member governments and are
supported by a large administrative staff. The United Kingdom, France, Germany, Italy, and Spain
each appoint two commissioners; the other countries appoint one each. The policy of each member
state selecting a commissioner has become an issue with the possibility that the EU will become
larger during the next decade. If each country in an enlarged EU were allowed to appoint at least one
commissioner, the commission would be much larger, making it too unwieldy to be an effective
executive and decision-making authority. In addition, the fact that the commission is appointed by
member governments and not elected by the people has raised questions about how much power it
should be allowed to exercise. The lack of democratic accountability has become a more important
issue with the expansion of EU control into different policy areas and the intention to admit more
countries into the EU.
Council of the European Union

The Council of the European Union (formerly called the Council of Ministers) represents national
governments. It is the primary decision-making authority of the EU and is the most important and
powerful EU body. Although its name is similar to that of the European Council, the Council of the
European Union’s powers are essentially limited to the EC pillar, whereas the European Council
oversees all three pillars of EU cooperation.
163
When the Council of the European Union meets, 15 government ministers, one from each member
state, are present. However, the minister for each state is not the same for every meeting. Each
member state sends its government minister who is most familiar with the topic at hand. For example,
a council of 15 defense ministers might discuss foreign policy, whereas a council of 15 agriculture
ministers would meet to discuss crop prices.
The Council of the European Union adopts proposals and issues instructions to the European
Commission. Paradoxically, the council is expected to further EU integration while at the same time
protecting the interests of the member states—two goals that are not always compatible. This
contradiction will probably become more difficult to reconcile as the EU continues to expand.
Decision making in the council is complex. A few minor questions can be decided by a simple
majority. Many issues, however, require what is called qualified majority voting, or QMV. In QMV
each country has an indivisible bloc of votes roughly proportional to its population. It takes two-
thirds of the total number of votes to make a qualified majority. QMV was introduced in some areas
to replace the need for a unanimous vote. This has made the decision-making process faster and
easier as it prevents any one state from exercising a veto. QMV was extended to more areas by the
Single European Act. Many important decisions, however, still require unanimous support.
The European Parliament
The European Parliament (EP) is made up of 626 members who are directly elected by the citizens of
the EU. Direct elections to the EP were implemented in 1979. Before that time, members were
appointed by the legislatures of the member governments. The European Parliament was originally
designed merely as an advisory body; however, its right to participate in EU decision making was
extended by the later treaties. It must be consulted about matters relating to the EU budget, which it
can reject; it can remove the European Commission as a body through a vote of no confidence; and it
can veto the accession of member states. The European Parliament was originally designed merely as
an advisory body. The European Parliament’s influence is essentially negative: It can block but rarely
initiate legislation, its consultative opinions can be ignored, and it has no power over the Council of
the European Union. Its effectiveness is limited by two structural problems: It conducts its business in
164
11 official languages, with consequent huge translation costs, and it is nomadic, using three sites in
different countries for its meetings. Unless changes are made, these weaknesses will most likely
intensify as the union grows larger. At the same time, there have been frequent calls for expanding
the power of the European Parliament, which would increase the democratic accountability of the EU.
The weaknesses of the European Parliament can be remedied, however, only by the national
governments.
European Court of Justice (ECJ)

The European Court of Justice (ECJ) is the judicial arm of the EU. Each member country appoints
one judge to the court. The ECJ is responsible for the law that the EU establishes for itself and its
member states. It also ensures that other EU institutions and the member states conform to the
provisions of EU treaties and legislation. The court has no direct links with national courts and no
control over how they apply and interpret national law, but it has established that EU law supersedes
national law.
Historically, the ECJ has declared both for and against EU institutions and member states. Its
assertion that EU law takes precedence over national law, and the fact that there is no appeal against
it, have given the ECJ a powerful role in the EU and have on occasion drawn criticism from both
national governments and national courts.
Historically the ECJ had a very high caseload, but this was eased in 1989 when the Court of First
Instance was created. This court hears certain categories of cases, including those brought by EU
officials and cases seeking damages. Rulings by the Court of First Instance may be appealed to the
ECJ, but only on points of law.
Court of Auditors
The Court of Auditors is made up of 15 members, one from each EU member state. The court
oversees the finances of the EU and ensures that all financial transactions are carried out according to
the EU budget and laws. The court issues a yearly report to the Council of the European Union and
the European Parliament detailing its findings.
165
European Central Bank (ECB)
The European Central Bank (ECB) began operations in 1998. It is overseen by a six-member
executive board that is chosen by agreement of the EU member governments and includes the ECB
president and vice president. The ECB has exclusive authority for EU monetary policy, including
such things as setting interest rates and regulating the money supply. In addition, the ECB played and
continues to play a major role in overseeing the inauguration and consolidation of the euro as the
single EU currency. Its authority over monetary policy and its independence from other EU
institutions make the ECB a very powerful body. There are misgivings that the ECB has been given
too much independence, leading to a debate over whether it should be subject to political direction.
Other Bodies
Other important bodies in the EU include the Economic and Social Committee and the Committee of
the Regions. The Economic and Social Committee is a 222-member advisory body drawn from
national interest groups of employers, trade unions, and other occupational groups. It must be
consulted by the European Commission and the Council of the European Union on issues dealing
with economic and social welfare. The Committee of the Regions, also with 222 members, was
formed in 1994 as a forum for representatives of regional and local governments. It was intended to
strengthen the democratic credentials of the EU, but it has only a consultative and advisory role.
IMPORTANT FEATURES AND POLICIES OF THE EU

One of the major goals of the EU has been to establish a single market in which the economies of all
the EU members are unified. The EU has sought to meet this objective in three ways: by defining a
common commercial policy, by reducing economic differences among its richer and poorer members,
and by stabilizing the currencies of its members.
The 1957 Rome treaties obliged the EU to adopt a common commercial policy. The EU adopted
several common policies, the main ones being the Common Agricultural Policy (CAP) and the
Common Fisheries Policy (CFP). By 1968 the EU had also created a customs union in which all
tariffs and duties among members were eliminated. Finally, members had defined uniform
commercial practices for trade with nonmember states.
166
The EU has attempted to address regional economic differences through agencies such as the
European Social Fund, the European Regional Development Fund, the Cohesion Fund, and the
European Investment Bank (EIB). These agencies provide money through loans or grants to further
economic development in the poorer areas of the EU.
Finally, the EU attempted to stabilize the currencies of its members with the European Monetary
System (EMS). The EMS was prompted not only by the desire for a single market, but also by
international economic problems and fluctuations in exchange rates. These problems also convinced
the EU of the importance of Economic and Monetary Union (EMU), in which both the economies
and the currencies of the members would be unified.
Checklist
 You have know complete unit eleven and you need to check whether have understood the basic
Self attempt question

I. Select the best answer
1. Which one of the following best describes Globalization?
A. It is a new phenomenon of cultural proliferation
B. It is integration and democratization of the world’s culture, economy, and
infrastructure through transnational investment,
C. It is rapid proliferation of communication and information technologies, and the
impacts of free-market forces on local, regional and national economies
D. It is a process in which the world becomes a small village.
2. International relation deals with:
A. the current problems of the world nations
B. the multi-dimensional relations among world political units
C. how the international organizations facilitate smooth relations among the
member states
D. All of the above
4. One of the following is not an advantage of globalization
167
A. It facilitates the speedy flow of ideas as well as commercial items.
B. It encourages scientific and technological development.
C. It makes quality goods available at lowest price.
D. None
II.Define the following words and phrases

International relations Armed conflicts
Treaty Arbitration
Assembly Negotiation
Security Council
Peace Mediation
Trusteeship Globalization
International Organizations
Terrorism
III.Questions for reflection
1. Identify any of one current global issue and explain the reason why it is global issue?
2. Mention any of two reasons why regional or international organizations established?
3. What do you understand from the next passage?
Karl Marx pointed out that the historical development of capitalist production
inevitably drove the bourgeoisie (capitalists) to “nestle everywhere, settle
everywhere, and establish connections everywhere.”
168
REFERENCES
Rour Ke. John T. (1993) International Politics on the world stage 4th ed. USA. Dushkinpus
Company
S.J.R.Bilgramii, International Organization, Bombay, 1970.
W.E.Barker. Social Political Theory
R.Ball Alan Modern Politics and Government Hong Kong, 1978.
169

Civic and Ethical Education

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Civic and Ethical Education

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Oxfo Business & Technology College

Module for the Course

Civics and Ethical Education

Wisdom at the source of Blue Nile

 Familiar with key concept like civics, ethics and profession

Icons and what they indicate

Icon What indicates

Dear learner, discuss with your colleagues about ethics?

1.4 relationships of ethics with other fields

Ethics and Philosophy

1.5.1 Normative Ethics

i. General Normative Ethics:

1.5.2 Non-normative ethics

i. Scientific or descriptive ethics

Normative Ethics Non-normative

General normative Applied

1.7 Self attempt questions

5. Which of the following is an example of normative statements?

II Define the following terms

IV Questions for comprehension and reflection

Cryssides D. George and John H. Kaler. (1993) An Introduction to Business Ethics.

2.4. Platonism: the ethical theories of Socrates and Plato

Socrates and his philosophical life

2.5 Nicomachean Ethics: ethical theory of Aristotle

But what is this “happiness”? Is it success? fame? Pleasure? Or what?

2.6 Relevance of the classical ethical theories

2.7 Self attempt questions

5. What is the virtue or highest good according to Platonism?

II Define the following terms

IV Questions for reflection

Consequentialist/Teleological ethical theories are theories that emphasize consequences of actions as

3.5 Egoistic hedonism: Epicureanism and Cyrenaicism

3.6 Utilitarianism/social hedonism

! Hedonism + benevolence principle= utilitarianism

Act and Rule Utilitarianism

IV Questions for reflection and comprehension

His ethic is composed of a variety of deontological ethics as opposed to teleological ethics. As we

conceived which could be good without qualification except a good will.” I.

It is also a moral imperative, a description of what ought to happen in human relationships.

Categorical imperative as a test of moral actions

Different versions of the categorical imperative

!Tree versions of Kant’s categorical imperative

Alternative approach to Kant’s theory

4.5 Divine command theory

4.6 Self attempt questions

II Define the following terms

III Say true or false

5.3 DEFINATION AND SUBJECT MATTER OF CIVIC EDUCATION

Civics as a multi-disciplinary study, specifically deals with the following issues

5.5 THE IMPORTANCE OF CIVIC EDUCATION

! Studying civic education is helpful because it enables citizens to

5.6 SELF ATTEMPT QUESTION

A. in the system citizens administer themselves

3. As citizen is to civis ______ to civitas

A. It help us to know how government operates

A. It focuses at enabling citizens to be competent, responsible, active participant

II. MATCHING ITEM

III.Define the following terms

Civic Democracy Rule of Law

IV Questions for reflection

1. R.Ball Alan Modern Politics and Government Hong Kong, 1978.

6.3 ORIGION AND ESSENCE OF STATE

 Dear student how do define state by your own word?

The first article of the convention is read as follows,