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Concepts of State

Concepts of State. Prepared by Irene Ruth L. Villamor. Objectives:. To understand the meaning of a state, its elements, and how it originated. To analyze the theories given on how the state originated. What is a State?.

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Concepts of State

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  1. Concepts of State Prepared by Irene Ruth L. Villamor

  2. Objectives: • To understand the meaning of a state, its elements, and how it originated. • To analyze the theories given on how the state originated.

  3. What is a State? • A state 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.

  4. What are the elements of a state? • People- This refers to the mass of population living within the state.

  5. Territory- It includes not only the land over which the jurisdiction of the state extends, but also the rivers and lakes therein, a certain area of the sea which abuts upon its coasts and the air space above it. Thus, the domain of the state may be described as terrestrial, fluvial, maritime, and aerial.

  6. Government- It refers to the agency, through which the will of the state is formulated, expressed and carried out.

  7. Sovereignty- The term may be defined as the supreme power of the state to command and enforce obedience to its will from people within its jurisdiction and corollary, to have freedom from foreign control. It has two manifestations: • Internal or the power of the state to rule within its territory. • External or the freedom of the state to carry out its activities without subjection to or control by other states.

  8. Where did the state originated? There are several theories concerning the origin of states, among which are: • Divine Right Theory • Necessity or Force Theory • Paternalistic Theory • Social Contract Theory

  9. Divine Right Theory It holds that the state is of divine creation and the ruler is ordained by God to govern the people.

  10. Necessity or Force Theory It maintains that states must have been created through force, by some great warriors who imposed their will upon the weak.

  11. Paternalistic Theory It attributes the origin of states to the enlargement of the family which remained under the authority of the father or mother.

  12. Social Contract Theory It asserts that the early states must have been formed by deliberate and voluntary compact among the people to society and organize government for their common good.

  13. Reference De Leon, Hector S. Textbook on the Philippine Constitution Quezon City: Rex Company, Inc. 2005

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