Theories of State Origin and Forms: A Comprehensive Overview

Theories About the Origin of the State

The origin of the state is a controversial issue that sparks two main responses:

1. The State Is Not Required (Anarchism)

This political movement argues that the state is not only unnecessary but also undesirable. Historically, the state has been seen as an instrument of oppression, favoring the powerful and generating ambition, hatred, and abuse. While life is inherently social, anarchists believe this doesn't necessitate a central, oppressive power. They posit that natural human goodness ensures solidarity without imposed control.

2. The State Is Necessary

This perspective is supported by two main arguments:

• Monopoly of Force: The state, by holding a monopoly on force, limits and controls potential outbreaks of violence. Competition, rivalry, and aggression are considered as natural to society as cooperation and solidarity. The state is presented as the only way to manage these tensions and conflicts that threaten social stability.
• Promotion of the Common Good: As private individuals and various associations within civil society focus on their own goals, the state is seen as an indispensable institution that safeguards the general interest.

The Social Contract

Some theories defending the necessity of the state are known as social contract theories. These aim to explain the origin of society and the state, justifying their existence. Contractual theories arise from a shift in perspective: from considering the state as natural to recognizing its conventional character. Laws, social norms, institutions, and organs of power are seen as human creations that can be modified or discarded. The state is viewed as the result of a covenant or contract, similar to the formation of a company or association. This theory is not meant to describe a historical fact but serves as a metaphor to highlight the conventional nature of the state.

Forms of the State

1. Authoritarian State

Characterized by unlimited authority, the authoritarian state is not subject to any form of control and doesn't recognize any legitimate criticism or opposition. Citizens cannot intervene in state affairs, elect rulers, or freely express their ideas. There are no independent judicial organs, leaving individuals defenseless against abuses of power.

• Absolutist State: Typical of the early modern age, the sovereign's power is virtually unlimited and unrestricted within the borders.
• Totalitarian State: A more extreme form, with comprehensive control over all social and personal aspects of life. Dictatorships control communication and education to maintain state hegemony.

2. State of Law

In this form, state authority is subject to the rule of law, aiming to protect individual rights against potential abuses by the state itself. Specific structures and operations vary between countries, but two key features are:

• Constitution: The supreme law governing the state's operation, based on fundamental principles.
• Division of Powers: Legislative, executive, and judicial powers are held by distinct and separate entities.

3. Social State of Law

This form builds upon the state of law, recognizing that legal recognition of individual freedoms is insufficient without a degree of social equality. Its main function is to protect individual rights while also working to ensure social welfare. It is also known as a welfare state.