ABOUT THE STATE AN HISTORICAL OVERVIEW

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ABOUT THE STATEAN HISTORICAL OVERVIEW
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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

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ANCIENT GREEK THINKERSOCRATES

• 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.

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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).

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The statesman and the law

• 4 types of state Timocracy, oligarchy,
  democracy, tyrani, monarchy.
• Mixed Stated Democracy - Monarchy

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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.

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HELEN ROMANAEPICURUS

• 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.

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ZENO

• Law is the product from the reasonableness of
  human as part of the God wills.
• God is eternal, so the Wills 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.

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THE CYNICS (Anarchism)

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

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POLYBIOS

• The cyclish verlop

Monarchy
Oclocracy
Democracy
Tyrani
Aristocracy
Oligarchy
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The RomanCicero 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.

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The state of Roman

• Kingdom
• Republic (by the consul)
• Principat (the caesarismus)
• solus publica suprema lex
• princep legibus solutus est
• Dominat

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MIDDLE AGE

• Agustinus Civitas dei Civitas Terena
• Thomas Aquinas lex aeterna, lex duvina, lex
  naturalis, positive law.
• Marsiglio di Padua People souveregnity.

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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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• THE NATURE OF STATE