General Theory of the State

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Questions and Answers

When studying the General Theory of the State, what fundamental questions must one consider?

  • The cultural practices and artistic expressions influenced by the state.
  • The economic impacts and social reforms initiated by the state.
  • The definition, origin, purpose, location of origin, elements, and roles of those elements in the legal order. (correct)
  • Only the historical origins and future predictions of the state.

Beyond the legal analysis of the term 'State', what else is required to fully understand different notions of the State?

  • Memorizing constitutional articles and legal codes.
  • Exclusively focusing on historical treaties and agreements.
  • Ignoring external influences and concentrating solely on internal legal structures.
  • Studying and analyzing other disciplines related to Law. (correct)

What is the primary function of a theory concerning phenomena in the universe?

  • To predict the future based on astrological signs.
  • To dictate how the universe should behave ideally.
  • To provide ideas that explain why a set of phenomena behaves in a specific manner. (correct)
  • To control and manipulate the environment.

What is the role of 'conjectures' in the context of theories?

<p>They represent simple or complex assumptions about the behavior of a sector of reality. (C)</p> Signup and view all the answers

What role do 'indications or observations' play in forming judgements?

<p>They form the basis for judgements about something. (B)</p> Signup and view all the answers

What are the two possible natures of theory?

<p>Philosophical and scientific (B)</p> Signup and view all the answers

What is the main purpose of a theory, according to the text?

<p>To describe and explain certain processes and phenomena with a logical and linguistic sense. (C)</p> Signup and view all the answers

What are the primary functions of a theory, according to the text?

<p>Description of phenomena under study, discovery of relationships, and identification of causal factors. (B)</p> Signup and view all the answers

What is the purpose of organized ideas or concepts in a field of knowledge?

<p>To explain and predict phenomena or events. (A)</p> Signup and view all the answers

What does the Naturalist theory defend about the State?

<p>The State is something natural and prior to the individual. (A)</p> Signup and view all the answers

According to the Contractualist theory, what is the relationship between the individual and the State?

<p>The individual is prior to the State, which results from an agreement and serves the individual. (D)</p> Signup and view all the answers

What do contractualist theories NOT seek to do regarding the origins of the State?

<p>Describe a historical event or real facts. (B)</p> Signup and view all the answers

What is the focus of the technical level of the Theory of the State?

<p>Verifying the possibility of a subject with faculties to exercise power, focusing on the fulfillment of a sovereign power. (D)</p> Signup and view all the answers

What is the nature of the object of science according to the General Theory of the State as a science?

<p>Concrete, particular, and determined. (A)</p> Signup and view all the answers

How does a philosophical approach of the Theory of the State proceed?

<p>Through mere reflection from general principles extracted from observing human nature. (B)</p> Signup and view all the answers

What is the philosophical current of thought based on regarding the creation of hypotheses in the Theory of the State?

<p>Appreciations of reflexive character. (C)</p> Signup and view all the answers

What concept does polisemia refer to in the context of language?

<p>A linguistic expression with multiple meanings. (A)</p> Signup and view all the answers

What is the purpose of grammatical reference(criterio gramatical) in the context of legal precepts?

<p>To find the meaning of the words that make up legal precepts. (A)</p> Signup and view all the answers

What does 'etimología' refer to?

<p>The origin of words, reason for existence, meaning, and form. (C)</p> Signup and view all the answers

What does the Real Academia Española (RAE) say about the definition of State?

<p>A form of political organization with sovereign and independent power integrating the population of a territory. (C)</p> Signup and view all the answers

What is the etymological meaning of 'teoría'?

<p>To see, vision. (D)</p> Signup and view all the answers

What characterized the earliest form of the social organizations, such as hordes?

<p>Nomadic human groups with possible simple leadership. (D)</p> Signup and view all the answers

Which is TRUE about early hordes?

<p>They displayed rudimentary social ties. (C)</p> Signup and view all the answers

What is the basis of unity in a clan?

<p>Bonds of kinship and ancestry. (C)</p> Signup and view all the answers

What defines a 'Tribu'?

<p>A social and political group sharing origin, language, customs, beliefs, and obedience to a leader. (A)</p> Signup and view all the answers

What is true about Aldeas?

<p>They are very small and controlled by a bigger entity. (A)</p> Signup and view all the answers

What is required for the "Forma de organización de la vida de los pueblos"?

<p>A legal system. (D)</p> Signup and view all the answers

What are the three elements of society?

<p>Population, territory, power. (D)</p> Signup and view all the answers

According to Article 39, where does national sovereignty essentially reside?

<p>In the people. (B)</p> Signup and view all the answers

What does Article 40 establish as the will of the Mexican people?

<p>To constitute a representative, democratic, secular, and federal republic. (D)</p> Signup and view all the answers

According to Article 41, how do the people exercise their sovereignty?

<p>Through the Powers of the Union and the powers of the States and Mexico City. (B)</p> Signup and view all the answers

According to Article 49, how is the Supreme Power of the Federation divided for its exercise?

<p>Legislative, Executive and Judicial. (A)</p> Signup and view all the answers

According to Article 80, who holds the exercise of the Supreme Executive Power of the Union?

<p>President of the Mexican United States. (B)</p> Signup and view all the answers

According to Article 50, where does the legislative branch in Mexico sit?

<p>A General Congress divided into two Chambers. (D)</p> Signup and view all the answers

According to Article 94, where is the exercise of the Judicial Power of the Federation deposited?

<p>A Supreme Court of Justice and Tribunals. (C)</p> Signup and view all the answers

According to Article 42, what does the national territory include?

<p>The parts integrating the Federation, islands, and specified marine areas and space. (D)</p> Signup and view all the answers

According to Article 43, what is the primary division of parts integrating the Mexican Federation?

<p>The 32 States. (A)</p> Signup and view all the answers

What is Ulpiano known for?

<p>Dividing law based on object and utility (B)</p> Signup and view all the answers

What best describes Ulpiano's 3 legal precepts?

<p>Be honest, don't harm others, give everyone their due. (B)</p> Signup and view all the answers

What does Nicolas Machiavelli best represent?

<p>The father of modern political science. (A)</p> Signup and view all the answers

What best represents Machiavelli's consideration about the choice between a republic and a monarchy?

<p>Republics with different voices are preferable. (D)</p> Signup and view all the answers

According to Machiavelli, what characteristic do princes who rise through their own abilities and resources display?

<p>Initial difficulties but secure positions due to earned respect. (C)</p> Signup and view all the answers

What is Maquiavelo adhere?

<p>The idea that humans are inherently malicious but evolve into statesmen focused on the public good. (C)</p> Signup and view all the answers

Jean Bodin is most known for?

<p>His theory of sovereignty as foundation of republics. (D)</p> Signup and view all the answers

What does the state have to ensure for Thomas Hobbes?

<p>Integrity and peace. (B)</p> Signup and view all the answers

Flashcards

¿Qué son las teorías?

Explains why phenomena behave the way they do.

¿Qué son conjeturas?

Simple or complex assumptions about reality's behavior.

¿Qué son juicios?

Conclusions based on evidence or observations.

¿Naturaleza de una teoría?

Philosophical or scientific in nature.

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¿Qué es una teoría?

Set of logical propositions describing processes and phenomena.

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¿Función de la teoría?

Describes phenomena, uncovers relationships, finds causal factors.

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¿Para qué sirve una teoría?

Ideas to describe and predict events in a field.

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Teoría naturalista del Estado

State is natural, predates the individual.

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Teoría contractualista del Estado

Individual precedes State, created by contract.

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¿Qué debe llevarnos a analizar la teoría del estado?

Legal analysis, study related disciplines to define terms.

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Teoría del Estado a nivel técnico

Verifies if it is possible a organ with faculties for exercise the goverment.

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Objeto de la ciencia

Concrete and specific, from known assumptions.

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Objeto de la filosofía

Abstract, broad, from unknown starting points.

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Finalidad de la Teoría General del Estado como ciencia

Observation, data, hypothesis, experiment, conclusion.

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Acercamiento filosófico

Goes from broad to specific with pure thought, following human nature.

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Pensamiento filosófica

Philosophical thinking creates theories about State forming.

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Polisemia

Multiple meanings of a linguistic form.

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Semántico

Related to the meaning of language.

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Referencia gramatical

Finds word meaning in legal rules.

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Etimología

Etymology: Word origin, reason, meaning, form.

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Estado (RAE)

Political form, sovereign power, integrates a population.

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Horda

A primitive social group, no organization.

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Clan

Group united by kinship or claimed common descent.

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Tribu

Social and political group having origins, language, customs.

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Aldea

Small town depending on a larger one.

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¿Una forma de organización de pueblos?

Organized life secured by law.

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Sociedad humana

Humanity in land, structured, law-governed.

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¿Elementos del Estado?

People, territory, power.

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Artículo 39 de la Constitución Mexicana

National sovereignty lies with the people.

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Artículo 41 de la Constitución Mexicana

Sovereignty exercised by the Union's powers, States, Mexico City.

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Poderes de la Federación (México)

Legislative, Executive, Judicial.

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Poder Ejecutivo (México)

The supreme executive power lies on one individual with direct vote.

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Poder Legislativo (México)

Legislative power rests in the mexico's Congress. Divided in two Chambers:

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Poder Judicial (México)

Ejecuta la ley con Corte Suprema.

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Territorio nacional (México)

Mexico's integral parts: land, islands, waters, airspace.

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Partes de la Federación (México)

States of Aguascalientes, Baja California, plus Mexico City.

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Importancia de la utilidad común- Ulpiano

Common utility distinguishes public law.

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Preceptos jurídicos fundamentales de Ulpiano

Live honorably, injure none, give each his due.

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Contrato social (Hobbes)

Social agreement for peace, equality.

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Embajada

A building with a staff in another country to represents their country.

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