ABOUT THE STATE AN HISTORICAL OVERVIEW

ANCIENT GREEK CONDITION: – A city state (polis) – Society: Citizens (based on heredity) Slaves Foreign or Metic – Struture of state: Assembly or Ecclesia Magistrate Council of fivehundred and popular juries

ANCIENT GREEK THINKER SOCRATES The duty of the state was to teach people the virtue for the great happiness and the higest soul. There are law and justice in the heart of every human. The law and justice shall be state guidance for the calm and pleasure.

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 (the Philosopher King).

The statesman and the law 4 types of state: Timocracy, oligarchy, democracy, tyrani, monarchy. Mixed Stated : Democracy - Monarchy

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)  Rechtstaats, Rule of Law, Constitutional Democracy.

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. Law and state exist to maintain security.

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 ius-constituendum and ius-constitutum. State is part of the pantheistic God. The begining of the Stoicism.

THE CYNICS (Anarchism) Develop by Antisthenes The wise man have to fullfil all the need by himself (self-sufficing) and cosmopolitan.

POLYBIOS The cyclish verlop Aristocracy Monarchy Tyrani Oclocracy Democracy Oligarchy

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 as civil law (lex regina). The Caesar absorb the power of the people.

The state of Roman Kingdom Republic (by the consul) Principat (the caesarismus) – solus publica suprema lex – princep legibus solutus est Dominat

MIDDLE AGE Agustinus: Civitas dei – Civitas Terena Thomas Aquinas: lex aeterna, lex duvina, lex naturalis, positive law. Marsiglio di Padua: People souveregnity.

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 George Jellinek

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