The Origin of the State
Divine Origin Theory
Oldest theory for the origin of the state
It advocates for the theory that a King rules by God's will,order, and authorisation. State is a divine institution rather than a human institution
King is a representative of God on Earth
Commands of the King have to be obeyed as dictates of God and disobedience of this is not just a crime but also a sin
Main features
State is a creation of God
State is a divine institution
King is the agent of God on this Earth
King rules by the divine right to rule
King's commands are to be obeyed by all
Monarchy is hereditary. The king passes on the divine right to his successor
No one has the power to limit or take away the King's rights or powers
Main advocates
The jews
Hindus
Greeks and Romans
Christianity
Criticism
Not based on facts
Unhistorical
Fails to stand the test of morality
Explains only kingship
Against Democracy
Religious theory rather than a political theory
Dangerous theory
Not applicable to modern states
Conservative theory
Atheists do not accept this theory
The Divine Origin Theory was rejected and began to decline in the 17th Century. It reached its end when the people of England staged the Glorious Revolution and accepted the principle of sovereignty of the British Parliament.
Gilchrist suggested that there were three reasons for the decline of this theory
emergence of social contract theory
separation of church from state and subordination of religion to politics
emergence of nationalism as a potent force and the birth of democracy causing the rejection of monarchy
Social Contract Theory
Projects the view that originally people lived in the state of nature and then they decided to come out of the state of nature for various reasons (including anarchy and chaos) and they entered into a contract which led to the birth of the state
State is a human institution and came into being through a voluntary contract
Exponents - Hobbes, Locke, and Rousseau
Hobbes
Hobbes was an Englishman who was a tutor for King Charles II. He believed firmly in the absoluteness of sovereignty and its rulers.
In his work 'The Leviathan' he expounded his theory and used it to assure the absolute sovereignty of the ruler.
He supported the king in the struggle between the British King and Parliament and he used his theory to back his views.
He believed 1) the contract was made under the natural right of each to voluntarily enter any contract and 2) they ended the state of nature because it was nasty, brutish, and short.
He supported extreme absoluteism
He believed state of nature was both pre-political and pre-social
Locke
He came out with another social contract theory which was in stark contrast to Hobbes' theory.
He supported the parliament and not the King in the Glorious Revolution
He favoured the concept of sovereignty of community and he believed that people should have the right to change their ruler if the ruler was violating their natural rights
He believed nature was pre-political but not pre-social
He believed two contracts were made - a civil one to set up society, and a political one to set up state
He was an indvidualist and he is known as the Father of Individualism
He presented his thoughts in his works: 'Two Treatises on Government'
Rousseau
Jean Jacque Rousseau was a French Revolutionary who came forward with his idea of the social contract theory in his works The Social Contract.
His theory took points from both Hobbes and Locke and combined them. His initial thoughts were more like Locke's but he ended up with conclusions similar to Hobbes'
Human Nature - he believed that man used to be carefree and had no concept of mine and thine. They lived blissfully and without limitations. However, selfishness took birth in the form of private property and caused problems like war. Man wanted to go back to the state of nature but had no way of going there
State of Nature - Like Hobbes he believed the state of nature was both pre-social and pre-political. However in contrast, he believed man was happy at this time and was not selfish or quarrelsome until the introduction of private property. This led to wars and property disputes and destroyed the happiness of pre-historic times. To come out of this, man decided to create civil society and came into a social contract
General Will - Through entering the social contract, each individual surrendered their individual will to the collective or general will of the state. By doing so, they gained more than they lost and the general will was usually beneficial to all citizens. The general will of the sovereign was the real will and according to him it was undeniable, absolute, and infallible.
Represents bad history (unhistorical - history does not represent the creation of a social contract), bad law (conceives of a binding contract without the sanction of a sovereign authority) and bad philosophy (conceives the state to be an artificial machine made by man)
Unhistorical
State of nature is a fiction
State is not a man made machine
Contract could not have been made without State and law
Contract is only binding for the parties and not for their successors
Membership of state is not voluntary
Dangerous theory
Evolutionary Theory
Universally accepted and most valid theory of the origin of the state - it says that the state has been a growth and not a make. It originated through a natural process of historical evolution. The state came into existence out of a process of historical evolution.
Key factors that have played a role in the evolution of the state
Natural human social instinct
Kinship and family
Religion
Wars and Conflict
Economic factors
Political Consciousness