Unit I- TOPIC - Definition, Nature and Scope of Political Science and its Relevance to LAW

Transcription

1 Unit I- TOPIC - Definition, Nature and Scope of Political Science and its Relevance to LAW Meaning and Definition of Political Science It is the most controversial topic of social life. These days everybody acknowledges the fact that politics is influencing every aspect of human life. Election of the rulers by the voters and the effort to solve the problems of the citizens is the most significant problem of the modem times. The solution to this problem gave birth to politics. It is because of this relationship of politics with common's man life that Aristotle has called man, a political being. Politics is involved in the mutual relations of men, in the relations of citizens and rulers and in the efforts of satisfying the unlimited needs of man with limited means. When Aristotle called politics, the Master Science, he tries to prove that the knowledge of politics is extremely essential to understand the environment around the man. In the views of Aristotle, political aspect of man's existence is the most important aspect and this aspect determines the other aspect of human life. He has said that legally politics tells us as to what we should do and what not. The relationship between politics and individual life being so important, it is extremely essential to study it systematically. Definitions of Political Science 1. Paul Janet Political Science is that part of social science which treats of the foundations of state and principles of the government." 2. Garnet Political Science begins and ends with the state. 3. Getter "Political Science is the study of both the state and the government." 4. Catlin Politics is the study of power. 5. Harold Lasswell "Political Science is the study of who gets What, When and how." Nature of Political Science Different Views about the Nature of Politics All the points of view from the ancient Greek to the present day are given as follows: 1. Ancient Greek View Systematic study of politics started with the Greek philosophers. Plato and Aristotle provided it with a definite basis. Aristotle named his book itself as "Politics". It is a derivative of1a Greek word "polis" which means "city-state. "No city state has a population of more than a few thousand citizens. The slaves, foreigners and women did not have the rights of citizenship. The philosophers did not make distinction between the state and society.

2 According to Aristotle, state has an independent identity and it is natural and has not been created by man. The aim of the state is to develop moral qualities in citizens and to do their welfare. Greek philosophers were idealistic and they produced the idea of an ideal state. However, Aristotle gave scientific basis to politics and named it the master science. 2. Traditional View It means that view which the political thinkers adopted up to the decades in the beginning of the 20th century. The thinkers of this period kept their study limited to the state, the govt. and the political institution concerned with them. Therefore, their views become narrow, formal and institutional. They named politics as Political Science. There are three institutional bases of traditional view: 1. Political Science is concerned with the state - The proponents of this view are Bluntschli and Gamer. 2. Political Science deals with the Government - The champions of this view are Seeley and Leacock. 3. Political Science deals with both, the state and the government- Paul Janet, Gilchrist, Gettel and Demock advocated this particular view point. 3. Modern View In the 20th century, emphasis was laid on the modem point of view of politics which may be discussed in brief as under: 1. Allocation of scarce resources is politics - David Easton says that politics is the process by which scarce resources (human, material, spiritual)are allocated within a social unit for the purpose of providing for human needs and desires. Harold Lasswell also advocated this view. 2. The study of politics is wider than the study of state and government - Politics is concerned with everything which is related with the political life of the individual and which may not be directly related with the state or government. Lipson is the champion of the above mentioned view. 3. Politics is the art and practice of government of the human societies. - According to Bismarck "Politics is the art of the possible". 4. Politics is the study of power Lass well, Oppenheimer; Max Weber advocated this view point.

3 5. Politics is an effort to bring about the rule of order and justice - There are two aspects of politics in this context. Firstly, Politics protects the privileges of the minorities and secondly, politics teaches about the organized unity of the individuals as society. 2. Behavioral View In Politics, Behavioralism started in 20th century. It is based on the dissatisfaction with the methods of traditional political science. The thinkers like David Truman, Robert Dahl, David Easton, Kirkpatrick, Graham Wall as study the attitudes, motivations, perceptions of man through his political behavior with the help of which political processes may be studied in a scientific way. 1. It is a study of the individual behavior 2. It is inter-disciplinary. 3. It lays emphasis on scientific methods. 4. It is capable of predicting. 5. Politics should concern primarily with observable behavior. 6. Lays emphasis on Quantification of data. Scope of Political Science Political Science tries to answer the questions like what is the present nature of the state, what it was in the past and what is the ideal form in the future.4 This makes the scope of the subject. The scope can be divided into two parts: A. Study of the Modern Form of the State We study the modem form of this most powerful organization that is the state in its various aspects. We generally include the following things in its study: 1. Ends of state - The end of the state are to think of the all-round development of its citizens. Its end is not merely to achieve glory for itself. 2. Study of Government as a Means - The govt. acts as the agent of the state. 3. Study of different Forms of the Government - The forms may be different according to the nature of the central authority. 3. Study of relationship between the people and the government. These aspects have been 4. Described by Gettel as the analytical study of what the state IS.

4 B. Study of state in Historical Perspective It implies the study of the growth of state in its various phases and forms in different states of history. It includes the following: 1. When and How the State comes into Existence 2. State in Different Ages 3. Study of the change in thinking in different ages through development of the various the ories regarding the origin, nature and functions of the state. 4. Study of the Behavior of the Bureaucracy. 5. Study of the Behavioral concept 6. Study of the methods of Election and voting Behavior. 7. Study of Political Parties and Pressure Groups. 8. Study of Social, Economic And Geographical conditions 9. Study of Developing Nations 10. Study of International Politics and International Organization. Political Science and Law It is a matter of common knowledge that the legal system essentially deals with the legitimacy, the distribution and the control of state power in political societies. Derived from the Greek word 'polis', meaning city state, politics deals with those activities designed to shape the decisions of politicians and officials who exercise state power in a manner subservient the aspirations of the people and conforming to the framework of the constitution. Since politicians and civil servants formulate their decisions according to law or at least under the apparent authority of law, politics indeed is law, institutionalized or formalized in acceptable patterns. Public opinion influences legislative opinion and shape the nature and content of law. Political scientists study the new legal structures and techniques in their interaction with people and officials and modify their findings thereby contributing their knowledge on political behavior and social development. It is therefore included in behavioral sciences. Following political interactions, the necessity for a legal regime was felt which led to the emergence of the institutions and processes that gave International Law a respectable place in academic disciplines and scholarly pursuits. The legal order got shaped and reshaped in the aftermath of wide ranging changes in political

5 processes and activities. The ultimate victory in this continuing process of political history is the universal acceptance of the inalienable rights of man and the obligation of the state to honor them through appropriate institutions and processes. This development has been by far the most remarkable manifestation of Law and Politics. Today, human right is a matter of law and politics. It is the yardstick by which govt. are assessed. It is the weapon with which arbitrariness of the govt. is controlled. It is the norm which binds diverse political societies and makes them accountable to common universal values. Public law grows under its influence and promises a legal regime far superior to any of the existing models. Indeed, politics divested of its baser elements is an. exciting and rewarding area for serious study and reflection on the part of every lawyer whether he plays the role of a policy planner, advisor, litigator or jurist. The Importance of Political Science The importance of political science lies in the fact that all of us live within political systems and we are affected by the changes in the global political economy. With the advent of globalization, there has been a concomitant rise in the interest taken by the people of the world in understanding the political systems of other countries. Hence, political scientists become valued and important as they provide the lens through which we can understand the global political economy. There are many universities that provide graduate and higherlevel degrees in political science and in recent years, because of the renewed interest in political science as a field of study, there are many takers for these courses. This article sets the context for the subsequent discussion on the various aspects of political science and its relevance to the modern political economy. Post- Behaviouralism As David Easton admits, American political science had never been united in its acceptance of the theoretical and technical aspects of behaviouralism. The voices of protest did not demand to turn the clock back to traditional intuition and non-methodology. They saw deficiencies in behaviouralism but wanted to improve the quality of research by building upon the existing behavioral foundations. David Easton observed: Some may object to characterizing this new movement as a revolution and argue that if anything it is only a shift in emphasis. Whether it in fact penetrates far more deeply than a change in emphasis must be left to history to decide. It does seem to be encouraging profound changes in the character of the discipline, and this is all I would imply in labeling it a revolution. But to avoid arguments about degree, it would be equally acceptable to speak of the post-behavioral reformation. Post-behaviouralism also lack any firm methodological commitments. Some of the them are dedicated classicists but many others are rigorous scientists and empiricists. Neither does post- behaviouralism appeal to any one age group alone. Its adherents include all the generations from young graduate students to older members of the profession. This amazing verity-ideological, methodological and generational- is motivated by a deep desire to make the discipline more relevant and action-oriented.

6 Concept of State - The State and its Elements, Distinctions between State, Society and Government Meaning of State The state is the most universal and powerful of all social institutions. As the Greek writers have taught us to think, the state is both a natural and a necessary institution. Aristotle declares that man by nature is a political being.7 To him, to live in the state and to be a man were identical, for whoever was not a member of the state or was unfit to be one was either a god or a beast. Modem Writers mean that the state has its roots in the natural impulses of man and it cannot be easily eradicated. Definitions of State 1. Holland - "State is a numerous assemblage of human beings, generally occupying a certain territory among whom the will of the majority or of an ascertainable class of persons is by the strength of such a majority made to prevail against any of their number who opposes it." 2. Garner - "The state, as a concept of political science and a public law, is a community of persons more or less numerous, permanently occupying a definite portions of territory, independent or nearly so, of external control and possessing an organized govt. to which the great body of inhabitants render habitual obedience.8 3. MacIver - "The state is an association which acting through law as promulgated by a govt. endowed to this end with coercive power maintains within a community territorially demarcated the universal external conditions of social order." Elements From the above definitions, it is clear that the following are the elements of the state :- Physical bases of the State- POPULATION SOVEREIGNTY State TERRITORY Population GOVERNMENT

7 It is the people who make the state. Population is essential for the state. Greek thinkers were of the view that the population should neither be too big nor too small. According to Plato the ideal number would be According to Aristotle, the number should be neither too large nor too small. large enough to be self Sufficing and small enough to be well governed. Rousseau determined 10,000 to be an ideal number for a state. Greek thinkers like Plato and Aristotle thinking on the number was based on small city states like Athens and Sparta. Modern states vary in population. India has a population of 102,70,15, 247 people according to 2001 census. Territory There can be no state without a fixed territory. People need territory to live and organize themselves socially and politically. It may be remembered that the territory of the state includes land, water and air space. The modern states differ in their sizes. Territory is necessary for citizenship. As in the case of population, no definite size with regard to extent of area of the state can be fixed. There are small and big states. In the words of Prof. Elliott Territorial sovereignty or the superiority of state overall within its boundaries and complete freedom from external control has been a fundamental principle of the modern state life. 12 India has an area of 32,87,263 sq. km. Approximately India occupies 2.4% of the global area. Government Government is the third element of the state. There can be no state without government. Government is the working agency of the state. It is the political organization of the state. Prof. Appadorai defined government as the agency through which the will of the State is formulated, expressed and realized. According to C.F. Strong, in order to make and enforce laws the state must have a supreme authority. This is called the government. Sovereignty The fourth essential element of the state is sovereignty. The word sovereignty means supreme and final legal authority above and beyond which no legal power exists. The concept of sovereignty was developed in conjunction with the rise of the modern state. The term Sovereignty is derived from the Latin word superanus which means supreme. The father of modern theory of sovereignty was Jean Bodin ( ) a French political thinker. Sovereignty has two aspects: 1) Internal sovereignty 2) External sovereignty Internal sovereignty Means that the State is supreme over all its citizens, and associations. External sovereignty means that the state is independent and free from foreign or outside control. According to

8 Harold J. Laski, It is by possession of sovereignty that the state is distinguished from all other forms of human association. Functions The state cannot perform all functions. In practice the state is not capable of fulfilling all the necessities of individual. According to MacIver and Page, there are four distinct categories of functions of the state. They are Functions peculiar to the state Although there is a general difference of opinion as to this kind of function it must be admitted that state alone can perform these functions. No other agency can execute such functions, it lone can guarantee equal facilities and opportunities to all members, it can fix up minimum standard for decent living. Nor is this all. The state can organize justice, peace, education and determine the scales of measurement. All these functions can alone be performed by the state. 1. Functions for which the state is well adopted These are the functions which the state can perform more successfully than any other organization. Such functions include the conservation of natural resources such as forests, fisheries, wild animals and minerals. Another function of the state consists in the provision of education to all the members. The state consists in the provision of education to all the members. The state can consists in the provision of education to all the members. The state can contribute to the development of science and art also. Apart from these things, the other functions such as the provision of public parks, museums, play grounds etc. are included in this category. 1. Functions for which the state is ill adopted There are some functions which the state cannot perform as effectively as some other agencies. In this category we included many cultural, religious and class addicted activities for welfare which the state is ill adopted to perform. These functions can be performed in a better way by other private organizations. 2. Functions which the state is incapable of performing There are many functions which cannot come under the control of the state. For example, the state cannot control public opinion, it cannot regulate the conduct of the individuals, it cannot change the customs, traditions, conventions of the society, it cannot control religion. It short, the state cannot control the details of conduct and culture. All these things remain outside the sphere of state control. It can be concluded the state cannot perform all the functions. It does so possess supreme power in so far as these functions are concerned. Society

9 Societies may also be structured politically. In order of increasing size and complexity, there are bands, tribes, chiefdoms, and state societies. These structures may have varying degrees of political power, depending on the cultural, geographical, and historical environments that these societies must contend with. Thus, a more isolated society with the same level of technology and culture as other societies is more likely to survive than one in closer proximity to others that may encroach on their resources. A society that is unable to offer an effective response to other societies it competes with will usually be subsumed into the culture of the competing society. Importance Society is important because it provides us with a system and a platform to work together for the betterment of the world. With the collective efforts of the society, we are able to improve our living and social conditions.... We are advancing due to the collective social effortsiety. The Relation between State and Society According to Karl Marx 'The executive of the modern state is but a committee for managing the common affairs of the whole bourgeoisie. This is the clearest assertion of the basic tenet of Marxist theory of the state. The state acts in the interests of the dominant class. Marx never elaborates on the topic of the state - the task of putting forward a full theory of the state was one the aims of the incomplete Das Kapital. In order then to find a Marxist theory of the state, modern scholars must piece one together from the references scattered throughout Marx's work. The above quote, however, is by far the most succinct way of putting forward the basic message of a Marxist theory of the It exists to serve the interests of society as a whole. Conversely, Civil Society expresses the interests of individuals. It consists of the private relations between individuals within the laws and regulations of the Political State. All these relations can be seen as being motivated by self-interest. This includes non-political institutions such as the Corporation and marriage. Distinction between State and Society A human association organized with common desire and common interest is called society. Ancient scholars did not differentiate state from society. The city states were small and every individual had relations with other individuals. It was difficult to separate their social and political activities. Even in modem times, according to idealist scholars like Hegel, Bradley and Bosanquet, there is no distinction between them. They took the state as a divine organization and the citizens as the devotees of the state. Still, there are significant differences between the two which are as follows 1. Society comes into existence before the state - MacIver says "kinship created society and society at length creates the state.

10 2. A territory is essential for the existence of the state and not for the society. 3. The purpose of the state is fulfilled by the govt. In contrast, there are many social groups existing even today without any political organization. 4. State is a sovereign association - It can punish its citizens if they disobey its orders. society doesn't possess any such power and individual's conduct is regulated by social customs, traditions and conventions. 5. State is a political association and so its aim is limited. It looks upon individual as a political being. Whereas the aim of the society is social, cultural, educational, religious, economic etc. the scope of society is wider than state. 6. State exists within society. Society is prior to the state and it embraces all communities organized.9 Society and state are inter-dependent. State cannot be imagined in the absence of the society and in the absence of the state, society becomes disorganized and disorderly. Barker said "The state and the society overlap, they blend, they borrow from one another." Government The government 'regulate the relationships among members of a society and between the society and outsiders' and that they 'have the authority to make decisions for the society' to meet goals and maintain order. While all of these definitions help us grasp the meaning of the word 'government,' they provide a lot to remember, so let's summarize. Government, whether we refer to the system or institutions in operation, the group of people in charge, or the process in use, is the authority that sets rules for a society, helps its members relate to one another and to others, and keeps it running smoothly, securely, and peacefully. Functions- 1. 'To form a more perfect Union. 2. To establish Justice'. 3. 'To insure domestic Tranquility'. 4. 'To provide for the common defense' 5. 'To promote the general Welfare'. 6. 'To secure the Blessings of Liberty'. Distinction between State and Government 1. State is permanent but govt. can change. The state ceases to exist when it loses its sovereign power. 2. State is wide. It includes various associations working in different field. But govt. includes only a handful of people who carry on the will of the state.

11 3. State is master. The state form govt. according to its aims and transfer power according to its needs. 4. The form of the state hardly changes. But govt. can have different forms like parliamentary, presidential, federal, unitary etc. 5. State is not visible but govt. can be seen. We can see govt. employees working under different departments. 6. It is not possible to agitate against the state but one can definitely protest against the oppressive government. But one can say with certainty that government is an integral part of the state. Govt. works for it and implement the wishes of the state. Theories of Origin of State Divine Right Theory The theory of divine origin of the state treats the state as synonymous with kingship; it is usually invoked to uphold the divine right of the king. It holds that (a) the institution of state was established by the will of the, god; (b) the king or ruler was appointed by the God himself;(c) the king is solely accountable to God, not to any other authority. A systematic exposition of this theory was made by Robert Filmer in the "Patriarcha" In short, the belief in divine origin of the state may be treated as a matter of faith rather than as a theory based on any evidence. It was sharply attacked by John Locke an a bid to establish the will of the people as the source of all authority in civil society. The main points in the doctrine of the divine right of kings may thus be summed up 1. Monarchy is divinely ordained and the king draws his authority from God. 2. Monarchy is hereditary and it is the divine right of a king that it should pass from father to son. 3. The king is answerable to God alone; and 4.Resistance to the lawful authority of a king is a sin. The theory of divine origin was popular for a long time but later on it began to decline on account of many factors. Criticism The theory of divine origin has been criticized on many grounds. To say that God selects this or that man as ruler is contrary to experience and common sense. God cannot be expected to do such worldly things for human beings. The theory is dangerous because it

12 pinpoints the unlimited and arbitrary power of the kings. The theory of divine origin of the state advocates only monarchical form of government. The monarchical form of government is practically disappearing from the world. No wonder the theory of divine origin also does not find its supporters in modern times. We all believe in the theory of evolution. Everything in the world has grown up by slow degrees and consequently the same must have been the case with the state. It is too much to believe that one day God thought of creating the state and created one. The theory put emphasis on revelation and not reason. In modern times we attribute everything to reason and hence it is not accepted today. Although the theory has many defects and is no longer accepted today, it cannot be denied that it )had its utility.the theory of social contract with its emphasis on consent, was a great deadlock to the theory of divine origin. It was maintained that state was created by individuals by means of a contract and not by God. The separation of the church from the state was also partly responsible for the decline of the theory. The Theory of Force The force theory of the origin of the state holds that the state is the product of use of force by the strong against the weak. When the state is regarded as an outcome of subjugation of the weak by the strong, it is portrayed as an embodiment of the injustice. The force theory is therefore, usually invoked in order to show that freedom of the individual could be secured' only by restraining or destroying the state. Criticism Force indeed has played an important part in the origin and development of the state. Some of the greatest empires of today have been established through blood and iron. The theory of force unduly emphasis the principle of the survival of the fittest. It means that might is right and those who are physically weak should go to the wall. It is dangerous to employ such a principle in the internal existence of the state. Every state will be at perpetual war with the rest. This is a condition of chaos, pure and simple endangering the peace and security of the world. The attention and efforts of every state will be directed towards war preparedness and to win the war if it comes. War which is an alias for murder, glorifies brute process, suppressing the moral forces. This is the mean self of man and not his real self. This theory justifies despotism. It is opposed to the idea of freedom. It is too much to believe that the state is created and maintained by sheer force and the spiritual and moral values have absolutely no place in life. The theory of the Social Contract The theory of the social contract presents a typical version of the origin of the state from the liberal point of view. This theory treats the state as a product of the mutual agreement of men, created with a definite purpose, to serve certain social needs. According to this

13 theory, the state is not a natural institution, but an artificial device or instrument invented by men for their mutual benefit; it is intended to serve the interests of all individuals or all sections of society. It regards the state as the product of the will of the society; hence it is an expression of the "superior will". This theory was systematically formulated at a particular point of European history, an order to drop a curtain on the values of the feudal system and to introduce the new values of the capitalist system. Thomas Hobbes ( ), John Locke( ) and Jean Jacques Rousseau( )are regarded as the main exponents of social contract theory. This theory held the field in Europe in the 17th and the 18th centuries. It is important to note here that the whole theory is based on speculation. It seeks to trace the origin of the state through logic, not through historical or scientific evidence. State of Nature The state of nature denotes how men live or would have lived without the authority of civil law, state or political control. Hobbes Hobbes draws a gloomy picture of the state of nature. In the absence of law and justice, the state of nature is characterized by a perpetual struggle, ceaseless conflict and constant warfare, In pursuance of his own pleasure, man wants power over others; but as the physical and metal powers of all men are alike, nobody is able to overpower other. Hence men stand in natural fear of one another. It is a state of total insecurity. Locke Locke draws an entirely different picture of the state of nature. In his view, it is not a state of constant warfare. On the contrary, it is a state of "peace, goodwill, mutual assistance and preservation. "The majority of people at this stage obey the law of nature i.e., the law of inward morality. If man become judges in their own cases, justice would not be secured in this respect, the state of nature proves to be inconvenient. When men enter into political society, they surrender their natural rights to be judges in case of breach of law-this power is now vested in the community instead of individuals; but they still retain their natural rights to life, liberty and property. Rousseau Rousseau in his essay' Discourse on Inequality, presents a fascinating picture of the state of nature. He describes natural man as a noble savage living a life of idyllic happiness and primitive simplicity. He states that men in the state of nature are equal, self-sufficient and Contended. But with the rise of civilization inequalities raise their head. With the development of arts and science, private property comes into existence, with the consequent division of labor. This necessitates establishment of civil society. The state is thus an evil; its formation becomes necessary due to inequalities among men.

14 Terms of Contract Hobbes Hobbes postulates a single contract by which men abandon the state of nature and establishes state and society together. Through this historical fiction he tries to convey a philosophical truth-that the govt. does not rest on sheer force; it rests on the will of the people. Since the state and society comes into existence together through a single contract, repudiation of the contract would result not only in the overthrow of the govt. but a disintegration of the society itself. That's why Hobbes treats sovereignty as absolute, indivisible and inalienable. Locke Locke believes that society and state were created in different steps: creation of society is the primary step; setting up of the govt. is the secondary step. So, if the govt. is dissolved, society does not disintegrate. Order will be restored by setting up of the govt. in its place. Locke places the govt. under the control of the society. This leaves no scope for absolutism. Rousseau Sovereignty, according to Rousseau, is not vested in a ruler apart from society. Instead, it is vested in the people themselves. When people enter into a social contract, they relinquish their natural rights in their natural capacity; they surrender their natural rights to their collective whole. Thus, what they lose in their individual capacity, they get back in their corporate capacity. No one is a looser in bargain; everybody is a gainer, because when anyone is attacked, society as a whole comes to its rescue. The creation of a popular sovereignty by vesting it in the "General Will" is a unique contribution of Rousseau which laid the foundations of the modem democracy. Historical-Evolutionary Theory of the Origin of the State The historical-evolutionary theory of the origin of the state primarily relies on a scientific approach to this problem. It creates the state as a product of historical development. During the process of organizing their social life, they gradually evolved certain forms of organization which eventually led to the emergence of evolution of the state were: kinship, property, custom(including magic and religion),power and citizenship. Kinship MacIver declares "Kinship creates society and society at length creates the state". Kinship implies blood relationship. The sense of the family gives rise to a greater community. When each generation of the family goes beyond it to another family. The process-of transition from the family to a greater society starts taking place.

15 Property The process of domestication has now advanced and because of a relatively settled pastoral life and agriculture, possession of wealth becomes the dominant feature of social organization. The patriarchal family is characterized not only by possession of property but also by inheritance of the property. With this, the importance of ancestry grows. The name of the father becomes the symbol of heir ship. Eventually, the authority of the father passes into the power of the chief. Thus, new socia1fonns arise from the bond of kinship which transcends this form. Custom A new development in this process is evident in the form of the custom which permeates and regulates the conduct of the members of the community. It is well-established customs which in due course leads to the evolution of the social institutions and patterns of leadership. In this process of differentiation, formal organs of government begin to take shape. Power Patterns of leadership give rise to exercise of power. Those who assume the role of directing the others become more interested in preserving their privileges and power than in the welfare of the community. In due course the organization of power takes more complex forms. It takes the form of hierarchy which implies a class structure. The powers of the rulers take a political character. Thus, war and conquest sharpen the structure of domination and subordination in society which assist the growth of political power and the institutional structure of the state. Citizenship The definite forms of state comes into existence only when political organization is developed further so as to embrace some more characteristic features, viz; territorial exclusiveness ;its subjective character of citizenship in its various expressions, of which nationalism is perhaps the most complete and its institutional criterion in the form of political sovereignty and law. Marxist Theory of the Origin of the State In order to understand the Marxist position on the origin and the nature of the state, it is essential at the outset, to distinguish between the foundation or base of society and the structure above its foundation or the superstructure, In this building like metaphor, it is assumed that the character of the superstructure will depend on the character of the base. The forces of production constitute the basis of all social relationships; they belong to the base or sub-structure. Legal and political structure, religion, morals and social customs belong to the superstructure. Accordingly the state like other parts of the superstructure of society rests upon the prevailing economic conditions. Marxists believe that state comes

16 into existence for the protection of the private property. According to Marx, the state is an Argon of class rule, an organ of the. oppression of one class by another, it is the creation of order which legalizes and perpetuates this oppression by moderating the conflict between the classes. Marxists have found it to be a symbol of social injustice. Characteristic Features of the State Engels has identified four important characteristics which attend the birth of the state: a. Division of subjects according to territory b. Establishment of public power c. Right of levying taxes and contracting public debts d. Privileged position of officials. Nature and Functions of the State in Liberal and Marxist Theory Liberal Theory of the Nature and Function of the State Early Liberalism or Classical Liberalism which started taking shape in the 18th century and was systematically formulated in the 19th century placed the individual at the centre of its philosophy. It sought to argue that the individual is endowed with the faculty of reason which enables it to find out what is most conducive to his interests. Classical liberalism therefore advocated the individual's right to freedom of trade, freedom of contract, freedom to bargain and freedom of enterprise. The profit motive of the individuals and their open competition were regarded as functional and hence conducive to social progress. Laissez Faire Individualism Classical liberalism with its emphasis on the individual as the centre of importance advocated the policy of laissez faire, a French term which means 'leave alone'. The exponents of laissez faire individualism include Adam Smith, Jeremy Bentham, James Mill, Herbert Spencer and J.S. Mill. Adam Smith He asserted that everyone has a natural propensity to trade. The selfish motive of the enterpriser is conducive to promotion of general good; it harmonizes with national prosperity benefiting all-govt., business and labor. He postulated a system of natural liberty-implying perfect freedom of commerce and industry in order to promote national prosperity. According to this system of natural liberty the role of the govt. is confined to the defense of nation from foreign aggression, establishing an exact system of administration and justice and the erection and maintenance of public works which don't give any profits to the private individual.

17 Jeremy Bentham There was only one absolute standard of regulation of human affairs viz. that of absolute expediency. These of the individual should furnish the yardstick of utility and when a decision is to be taken for the whole society the controlling principle should be the' greatest happiness of the greatest number'. Thus Bentham postulated that pleasure and pain were susceptible to measurement. he accorded a central place to the individual on questions relating to public policy and legislation. The interest of the community could likewise be discovered by adding the interests of all the individuals who composed it. Accordingly the business of the govt. of to promote the happiness of the society by a system of punishments and rewards. It had no other justification for existence. Each individual should be treated as one unit and that none should be given special consideration:' each to count for one and no one for more than one." Transition to Positive Liberalism The success of capitalism in the 19th century demonstrated that the free-market society created large inequalities among human beings and promote oppression of the vulnerable sections-workers, peasants, consumers etc. J.S. Mill awes first prominent liberal thinker who started with a defense of laissez faire individualism but on realizing its weaknesses in the light of new socio-economic realities, he proceeded to modify it. After Mill, T. H. Green and L.T. Hothouse made important contributions to the theory of positive liberalism. J.S.Mill While in the political sphere he proved himself to be a strong supporter of constitutional and representative govt., in the economic sphere he showed socialist leanings and laid the foundations of the 'welfare state' He disagreed with the Bentham's view that happiness could be measured by quantitative differences of pleasures not by qualitative differences. He insists on liberty of thought and expression as well as liberty of conduct. He draws a distinction between two types of actions of men: 'self-regarding actions' and 'otherregarding actions'. Mill defends complete freedom of conduct for the individual Funless it adversely affects the community. Thus he was contemplating a positive role for the state in securing community welfare even if it implied curbing the liberty of individual to some extent. Harold Laski He was deeply concerned with the crisis of capitalism yet he saw no promise in the outcome of the socialist revolution. In the event, he sought to achieve the socialist goal through the mechanism of liberal democracy. Laski pins his faith on the perfectibility of the state. He hopes that if the state is made to fulfill certain functions, it can become an instrument of perfection of mankind. Any state can be made to serve the interests of humanity and if that is secured revolution can be averted. He does,not advocate total abolition of the capitalist system probably because he thinks that retention of liberal democracy must imply features of the capitalist system. Laski seeks to transform the

18 capitalist state by the democratization of economic power, i.e., by ensuring larger public control over vital instrument of production and distribution, reducing enormous economic disparities by a progressive system of taxation and establishing a democratic state increasingly concerned with the welfare of its citizens. Robert. M.Maciver The state has a limited sphere and cannot be identified with the whole activity of the society. It is society which meets all the needs of human personality. Men seek to serve their varied interests through several associations. The state is one of such associations. Law itself exists above the state but it is declared and, enforced by the state. The state comes into the picture only when the interests on one group encroach upon another. It can only harmonize different social interests originally expressed through human associations. The state is subservient to society, it derives its authority from society for which it fulfills certain conditions. The powers and prerogatives of the state are dependent on the services rendered by it. MacIver has therefore advanced the theory of the 'service state'. He tends to keep its authority within definite limits. MacIver is convinced that only a democratic state can perform the unifying function most effectively. The evolution of a democratic state-the state as an instrument of reconciliation of interests and resolution of conflicts, the state is an agent of social solidarity-is a unique achievement of modern civilization which marks a departure from its historical form. The modem democratic state stands to serve the interests of all society. This is precisely the true function of the liberal state. MARXIST THEORY OF NATURE AND FUNCTION OF THE STATE The precise functions of the state depend on the stage of its historical development. Each stage corresponds to a particular system of production. The Marxist theory broadly divides the history of the state into five stages: The Primitive-Communal System Society is not yet divided into dominant and dependent classes; it does not conform to' the idea of the state. It is a pre-state society-just a 'social state' instead of a political state... There was no concept of a private property, hence no exploitation of man by man. In the absence of the class-distinctions and consequent exploitation, there was no need for a special apparatus of coercion; the common affairs of community were managed collectively or entrusted to the most respected and experienced members of the community. The Slave System

19 This stage is characterized by the existence of private property not only in the means of production but also in the workmen themselves. The enslaved workers are treated as the property of their masters along with the material means and animals. With a view to crushing I any opposition from the slaves-a special apparatus of coercion -the state- is created by the dominant class. The chief function of the state is the protection of the private property of the slave-owners. In due course, when large-scale agriculture becomes the chief mode of production, the slave system is replaced by the feudal system. The Feudal System The means of production primarily consisting of land are owned by feudal lords while labor is done by peasants called serfs. The peasants have their personal belongings and after meeting their obligations towards their feudal lords, the product remains at their dispose. At this point the class-struggle between the lords and the serfs becomes more acute. The Capitalist System The working of the capitalist system is the main focus of the Marxist theory. It denotes the stage of advanced industrial production when the means of production are held in Ownership by a few capitalists while the larger majority of people are forced to live as wageworkers. The capitalist change the method of political rule monarchical rule gives way to parliamentary republic, suffrage is introduced civic liberty and equality before law is introduced. in this way the ruling class is able to evolve a more refined method of exploitation under the garb of constitutional rights and liberties. The Socialist System This system is characterized by social ownership of the means of production. The production relations of the socialist society are based on cooperation and mutual assistance. It envisaged as ushering in a stateless and classless society described as communist society. The socialist system is coterminous with the dictatorship of the proletariat. It is only a transitional stage from capitalism to communism. Communist society of the future will be governed by the rule: "from each according to his ability, to each according to his need". Functions of the State in Socialist Society a. Socialization of Production and Distribution b. Raising the Productivity of Labor c. Development of Science and Technology d. Transformation of the Bourgeoisie Culture.

20 Criticism a. No sharp division of society into classes, especially middle classes. b. Various welfare functions adopted by the capitalist societies. c. Inequality of power in socialist states. d. Shift of focus from base to superstructure. Conclusion Unfortunately, a large number of socialist countries including those of USSR and Eastern Europe suffered from a high degree of bureaucratic repression and administrative corruption. Popular protests against their regimes have led to the eventual collapse of socialism in these countries. Socialism itself is no panacea for the ills of mankind. It must be supported and reinforced by human values and styles of leadership. Important Questions:- Q. 1. Define Political Science. Discuss its relevance to Law. Q. 2. Discuss nature and scope of Political Science. Q. 3. What is state? Discuss elements of the state. Q. 4. Discuss the relation between state and society. Q. 5. What is the relation between state and government? Q. 6. Explain the Divine Origin and Force theory of the Origin of the state. Q.7. Discuss the Social Contract Theory of the Origin of the state. Q. 8. Discuss and critically analyze the Historical-Evolutionary theory of the Origin of the state. Q. 9. Explain the Liberal Theory of the Nature and Functions of the state. Q. 10. What is the Marxist Theory of the Nature and Functions of the state? Discuss in detail. Q. 11. Explain the Marxist Theory of the Origin of the state. Q. 12. It is said "Political Science begins and end with the state." Discuss. Q. 13. Discuss the Post- Behaviouralism.

21 Q.14. Discuss the Evolutionary theory of origin of State. Q.15. Define Political Science according to Traditional approach and difference between Politics and Philosophy. Q. 16. Explain the Welfare State. Q.17. When I see a good sit of examination questions headed by the word Political Science I regret not the questions but the title. Maitland. Discuss the statement. Q.18. Explain the function of the State. Q.19. Critically explain Social Contract theory. UNIT- II- MAJOR POLITICAL IDEOLOGIES Liberalism, Socialism, Marxism, Utilitarianism, Gandhiism and Sarvodya, Sovereignty. LIBERALISM MEANING Liberalism includes the viewpoint of those who oppose absolute monarchy, age-old feudal system and privileges of the church. It also includes the views of those who advocated individualism and later parliamentary democracy. The origin of the word 'liberalism' can be traced in the term 'liber' which means 'freedom or liberty'. Those who are in favor of liberty of the individual are usually called liberals. Thus, liberty of the individuals is the core of individualism. Liberalism and individualism are often identified with each other. This is not totally correct. Now, liberalism gives precedence to the society over the individual. It argues that welfare state can interfere in the activities unity can be ensured. Constitutional govt., liberty, equality, fraternity and secularism are important principles of liberalism. Its ideal is coordination between proper development of the personality of the individual and welfare of the entire community. The ideology of the liberalism first developed in England during the 17th and the 18th centuries. Liberalism is of two types: TYPES