Theories of State 1 | Muchamad Ali Safa'at ABOUT THE STATE

(1)

ABOUT THE STATE

(2)

ANCIENT GREEK

• _CONDITION:

– _{A city state (polis)} – _Society:

• _{Citizens (based on heredity)} • _Slaves

• _{Foreign or Metic}

– _{Struture of state:}

• _{Assembly or Ecclesia} • _Magistrate

(3)

ANCIENT GREEK THINKER

SOCRATES

• _{The duty of the state was to teach} people the virtue for the great

happiness and the higest soul.

(4)

PLATO

• _{The republic :}

• _{idea world and reality world} norm

• _{Idea world:}

– _Truth logic

– _Beautyness Aesthetic

– _Morality ethica

• _{The goal of the state was to teach the}

people what is and how to reach the idea world.

• _{The State should lead by the philosopher}

(5)

The statesman and the law

• _{4 types of state: Timocracy, oligarchy,}

democracy, tyrani, monarchy.

(6)

ARISTOTELES

• _{The Purpose of the state:}

– _{Fullfil the people interest} – to enforce the good life

• _{Ideal form: Monarchy, democracy,}

aristocracy.

• _{Corruption form: tyrani/despoty,}

oligarchy/plutocracy, mobocracy.

• _{Mixed= Polity (the second best)}_

(7)

HELEN – ROMANA

EPICURUS

• _{All men are essentially selfish and seek}

only their own good. The existence of Society because the need of human. There is no interest of society but the interest of every individual within the society.

• _{Materialism. There is no morality of}

virtue but happiness.

(8)

ZENO

• _{Law is the product from the}

reasonableness of human as part of the God will’s.

• _{God is eternal, so the Will’s is eternal.}

Law is eternal in every time and place. There is no constituendum and ius-constitutum.

(9)

THE CYNICS (Anarchism)

• _{Develop by Antisthenes}

(10)

POLYBIOS

• _{The cyclish verlop}

Aristocracy Monarchy

Tyrani Oclocracy

Democracy

(11)

The Roman

Cicero and Ulpianus

• _{Cicero (natural law)}

– _{State as bond of law (vinculum juris)} – _{Law is not the state product, but an}

antecendent. The state is the creation of the law.

• _Ulpianus

– _{Tractat between people with the Caesar}

(12)

The state of Roman

• _Kingdom

• _{Republic (by the consul)}

• _{Principat (the caesarismus)}

– _{solus publica suprema lex} – _{princep legibus solutus est}

(13)

MIDDLE AGE

• _{Agustinus: Civitas dei – Civitas Terena} • _{Thomas Aquinas: lex aeterna, lex}

duvina, lex naturalis, positive law.

• _{Marsiglio di Padua: People}

(14)

RENAISSANCE

• _{Niccolo Machiavelli}

“A prince being thus obliged to know well how to act as a best must imitate the fox and the lion, for the lion cannot protect himself from traps and the fox cannot defend himself from wolves. One must therefore be a fox to recognize traps, and a lion to frighten wolves”

• _{Jean Bodin} • _{JJ Rouseau} • _Montesqeiu • _{John Locke} • _{Paul Laband}

(15)