Theories of State Origin and the Rights of a State

Question 1

What is State?

Answer 1

State is a community of persons, more or less numerous, permanently occupying a definite portion of a territory, having a government of their own through which a great number of inhabitants render habitual obedience and enjoying freedom from external control.

Question 2

What is Divine Theory?

Answer 2

The state and its ruler derived its authority from a divine and superior being (God). The concept evolves to “Divine Rights of Kings” which became dominant in some parts of the world like England and France during the 16th and 17th centuries.

Question 3

What is Force Theory?

Answer 3

In this theory, one person or group forced all people within an area to obey their ruler. It happens through war, where the strong dominated the weak.

Question 4

Larger community dominates smaller ones.

Answer 4

Force Theory

Question 5

What is Instinctive Theory?

Answer 5

The state was brought about by the instinctive or natural propensities of men to live in a systemized society. Longing for political association. Instinct to stick together.

Question 6

Aristotle stated?

Answer 6

A state is good and came into existence because of man’s desire for social and political association.

Question 7

What is Patriarchal Theory?

Answer 7

Some anthropologists and sociologists claimed that the state arose through a process of evolution. State evolved from the smallest unit of society which is the family. Family to clan to tribe.

Question 8

Example of Patriarchal

Answer 8

Pre-colonial Philippines ancient barangays. Headed by a patriarch or datu.

Question 9

What is Social Contract Theory?

Answer 9

The state is essentially formed through a contract between the leader and the people or the people of the state with one another to form the state together with its ruler.

Question 10

Famous political thinkers that contributed ideas regarding social contract theory

Answer 10

Thomas Hobbes, John Locke, Jean Jacques Rousseau

Question 11

What is Hobbes’ Social Contract Theory?

Answer 11

Man naturally is selfish. Without a government, there will be chaos and men would violate the rights of others.

Question 12

What is Locke’s Social Contract Theory?

Answer 12

Locke argues that man is naturally bounded morally not to harm each other in their lives or possession, but without a government to defend them against those seeking to injure or enslave them; people would have no security in their rights and would live in fear.

Question 13

Difference between Locke and Hobbes’ Social Contract

Answer 13

In Hobbes’ theory, contract is between the people and the sovereign is the object of the contract. The people can’t oust the leader as they already surrendered their rights while in Locke’s theory the contract is between people and leader. The leader is part of the contract and can be removed by the people.

Question 14

What are the Fundamental Rights of a State?

Answer 14

1. Rights of Existence and Self- Defense
2. Right of Independence
3. Right of Equality
4. Right of Jurisdiction
5. Right of Property and Domain
6. Right of Legation

Question 15

What is the Rights of Existence and Self- Defense?

Answer 15

It is the most important right of a state. The state has the right to take such measures, including the use of force, as may be necessary to resists any danger to its existence.

Question 16

Article 2 Section 2 of 1987 Constitution

Answer 16

The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Question 17

Right of Independence

Answer 17

The right of the state to manage all its affairs whether internal or external without control or interference from other states.

Question 18

Preamble

Answer 18

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

Question 19

Right of Equality

Answer 19

All the rights of the state regardless of their number, must be observed and respected by the international community in the same manner that the rights of other states are observed and respected.

Question 20

Right of Jurisdiction

Answer 20

The right of the state to have an authority over persons and things within or sometimes outside its territory subject to certain exceptions.

Question 21

Extradition Treaty

Answer 21

An extradition treaty is an international agreement in which the Requested State agrees, at the request of the Requesting State and under specified conditions, to turn over persons who are within its jurisdiction and who are charged with crimes against, or are fugitives from, the Requesting State.

Question 22

Article 15 of New Civil Code of the Philippines

Answer 22

Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a)

Question 23

Right of Property and Domain

Answer 23

Meant the right of the state to hold and acquire in absolute ownership territorial and non-territorial possessions.

Question 24

Example of non-territorial possessions

Answer 24

Embassies

Question 25

Right of Legation

Answer 25

Known as the right of diplomatic intercourse, an essential aspect in diplomatic foreign relations. It is the right of the state to send and receive diplomatic envoys or representatives.

Question 26

What are the inherent powers of the state?

Answer 26

1. Police Power
2. Power of Taxation
3. Power of Eminent Domain

Question 27

Police Power

Answer 27

Power of the state to ensure general welfare, peace and order, public morals, and etc.

Question 28

Power of Taxation

Answer 28

Taxes are called as the lifeblood of the government. Government is paralyzed without taxes. Power of the state to levy and imposed financial burdens to its citizens to keep the government running.

Question 29

Power of Eminent Domain

Answer 29

Power to take private property for public use with just compensation.