Theories of State Origin and the Rights of a State Flashcards
What is State?
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.
What is Divine Theory?
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.
What is Force Theory?
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.
Larger community dominates smaller ones.
Force Theory
What is Instinctive Theory?
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.
Aristotle stated?
A state is good and came into existence because of man’s desire for social and political association.
What is Patriarchal Theory?
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.
Example of Patriarchal
Pre-colonial Philippines ancient barangays. Headed by a patriarch or datu.
What is Social Contract Theory?
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.
Famous political thinkers that contributed ideas regarding social contract theory
Thomas Hobbes, John Locke, Jean Jacques Rousseau
What is Hobbes’ Social Contract Theory?
Man naturally is selfish. Without a government, there will be chaos and men would violate the rights of others.
What is Locke’s Social Contract Theory?
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.
Difference between Locke and Hobbes’ Social Contract
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.
What are the Fundamental Rights of a State?
- Rights of Existence and Self- Defense
- Right of Independence
- Right of Equality
- Right of Jurisdiction
- Right of Property and Domain
- Right of Legation
What is the Rights of Existence and Self- Defense?
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.
Article 2 Section 2 of 1987 Constitution
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.
Right of Independence
The right of the state to manage all its affairs whether internal or external without control or interference from other states.
Preamble
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.
Right of Equality
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.
Right of Jurisdiction
The right of the state to have an authority over persons and things within or sometimes outside its territory subject to certain exceptions.
Extradition Treaty
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.
Article 15 of New Civil Code of the Philippines
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)
Right of Property and Domain
Meant the right of the state to hold and acquire in absolute ownership territorial and non-territorial possessions.
Example of non-territorial possessions
Embassies
