Political Globalization Flashcards
according to this sociologist state is a compulsory political organization with continuous operations
Max Weber
For the sociologist Max Weber, “[a] compulsory political organization with continuous operations will be called a ___
state
ts administrative staff successfully upholds a claim to the monopoly of the legitimate use of physical force in the enforcement of its order
what idea
state
Based on the given definition, state has the following elements (4)
It is a political organization;
It is a compulsory political organization;
It has continuous operation; and
It has the exclusive legitimate use of power in the enforcement of order [within its territory].
The state is a group of people organized for the purpose of promoting the common good.
what element of state
political organization
State has a formal structure of government; it works according to declared principles and policies; its powers are established, defined, and limited; and people’s rights and obligations are declared and enumerated.
what element of state
political organization
(a) the state is supreme and must be obeyed by the people at all times; (b) membership to it is conferred by the state according to the requirements it prescribes; (c) membership in the state entails corresponding rights and obligations which are demandable and obligatory; (d) and obedience to its commands is obligatory, which means that they must be complied with to avoid punishment.
what element of state
compulsory organization
The state is different from the government. The government is the agency through which the state expresses and carries out its will. People may come and go, the government may change its forms and powers, and its territories may change its size, but the state remains the same; it continues to exist for as long as it exercises its exclusive power to enforce obedience within its territory
what element of state
continuous operation
That the state has an exclusive legitimate use of force to enforce obedience among the people within its territory means that the state is sovereign.
what element of state
legitimate use of authority
is the power of of the state to effectively enforce obedience from its people absent any power over and above it. The state therefore exercises the supreme power to govern its members within its territory.
Sovereignty
Another definition of state, to which many of us may be familiar, is given by
James Garner
is a community of persons more or less numerous, permanently occupying a definite portion of territory, having a government of their own to which the great body of inhabitants render obedience and enjoying freedom from external control
state
The state, from the given definition, has the following elements (4)
people
territory
government
sovereignty
To constitute a state, there is no minimum number of members required.
what element of state (2nd)
people
t may be composed of about a thousand people just like the smallest state in the world
Batican
does not also require that its people should have common racial origin or that they should share common cultural traits, which is what a nation is
state
refers to the defined mass of land and water, including the airspace above it, in which its people cohabit and within which the state exercises sovereignty.
territory
is the administrative body through which the state exercises its sovereignty by enacting, implementing, and applying laws for the promotion of the common good
government
refers to the body of the people entrusted with the power to express and carry out the wills of the state
government
is the supreme power of the state to command obedience from its people within its territory.
Sovereignty
Sovereignty has two elements
internal
refers to the supreme power of the state to command obedience from its people
internal sovereignty
refers to the power of the state to direct its economic, political, social, and cultural affairs, without the interference of any external forces
external sovereignty
which was entered into by different states in 1648, which effectively diminished the power of the Roman Catholic Church and the Holy Roman Empire, and has cemented the sovereignty of the state.
Treaty of Westphalia
he Treaty of Westphalia, according to Patton (2019), has resolved three major issues, namely
(a) religious freedom was officially recognized, establishing the principle of the separation of church and state;
(b) the principle of international diplomacy as a mode of resolving conflicts (instead of war) was laid down; and
(c) third, which is considered the most important, the principle of the sovereignty of the state was solidified.
Accordingly, the Treaty of Wesphalia in 1648 established the rights, prerogatives,
and liberties of the state including the following: (4)
territorial right
religious right
political right
right against interference from the
church, the empire, and other state, in short, the right to sovereignty.
had recognized the rights of the state as a sovereign
political entity. It is this recognition which solidified the sovereignty of the
state and effectively diminished the power of both the Roman Catholic Church
and the Holy Roman Empire.
Treaty of Westphalia
which states that political power emanates from God
divine law theory
stating that positive laws should be patterned to natural laws
natural law theory
was created by the national sovereign whether king, president, parliament, or
congress
positive law
ended the idea that rulers were ultimately accountable to God
positivism
were at liberty todo what they decided was best for their countries. In international law terms, statescould not be forced to accept any international treaty they did not like.
Rulers
had then paved the way to the secularization of the states,
the effective transfer of the seat of political power from the divine to the human,
from the church to the sovereign chosen by the people
Treaty of Westphalia
book that was published three years after the Treaty of Westphalia, envisions of the
political society in which the powers of the sovereign emanate from the social
contract they have voluntarily entered into and not from the God as was believed
prior to the conclusion of the said treaty
Thomas Hobbes’ Leviathian
also provides that the powers of the government–legislative,executive, and judicial–emanate from the people exercised by their representatives
for the protection of their lives, liberties, and properties.
what book
John Locke’s Second Treatise
For Him, sovereignty resides in the people and all powers exercised by the government are just entrusted to it. The government, then, is accountable to the people and not to a divine entity as the divine right theory states.
John Locke
Based on the Westphalian idea of the state, international law adopts the following
fundamental principles which shall govern the relations of all states in the world (4)
States have exclusive domestic jurisdiction
States are equal
States have diplomatic immunity
States enjoy nonintervention
States are supreme in matters affecting its internal affairs. So as long as the state policy or decision does not affect others, they must be left alone to decide what they think is best for them.
what fundamental doctrines of international law
states have exclusive domestic jurisdiction
This means that heads of states and governments, including their official
representatives such as the ambassadors, cannot be sued for violating laws in
other states in recognition of the sovereignty of the states they represent.]
States have diplomatic immunity
States are independent; they must be left alone to decide what is good for
them.
States enjoy nonintervention
essential elements of equality of states
- “States are juridical equals;
- “Each state enjoys the rights inherent in full sovereignty.
- “Each state has the duty to respect the personality of other states.
- “The territorial integrity and political independence of the state are inviolable.
- “Each state has the right to freely choose and develop its political, social, economic and cultural systems.
- “Each state has the right to comply fully and in good faith with its international obligations and to live in peace with other states.” ( Suter 2003, 22-23)
his means that, under the law or in the eyes of the law, states are equal. Some states may be politically and economically powerful than others but they do not have special rights and privileges before the law. Regardless of their political and economic stature, states are equal before the law.
what elements of fundamental equality
equality
All states are sovereign. As such, they all enjoy all the rights inherent to the exercise of their sovereignty such as the right to determine their domestic and international policies and the right to enact and implement laws deemed imperative for their national interests.
what elements of fundamental equality
sovereignty
