State Power and Legality

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Questions and Answers

When did the concept of legal space and borders start to decline?

21st century

20th century

19th century

18th century (correct)

What is the definition of population in the context of a state?

Individuals who are under the jurisdiction of the state and subject to its legislation (correct)

Individuals who are economically active within a country

Individuals who are culturally affiliated with a particular nation

Individuals who are physically present within a country's borders

According to Hans Kelsen, what is the state in relation to its population?

A domain of personal validity of the State legal order (correct)

A protector of its citizens

A regulator of economic activity

A provider of public services

What are the two categories of population?

Nationals and foreigners Signup and view all the answers

What is the active side of citizenship?

Participation in elections Signup and view all the answers

What is the purpose of citizenship?

To stimulate belongingness to a large group Signup and view all the answers

What is a key characteristic of a legally organized state?

The state has the capacity to impose unilateral acts and norms. Signup and view all the answers

What is the significance of borders in defining a state?

Borders make it possible to separate two areas of application of legal norms. Signup and view all the answers

What is the relationship between the state and the law?

The state is both the source of and subject to the law. Signup and view all the answers

What is the significance of the state guaranteeing the effectiveness of rules?

It ensures that the state imposes sanctions and enforcement in the service of power. Signup and view all the answers

What is the territory in the context of law?

A 3-dimensional space where legal rules apply. Signup and view all the answers

Why are borders important in defining a state?

They make it possible to clearly separate two areas where different legal norms apply. Signup and view all the answers

What is the significance of the criterion of the state being the source of and subject to the law?

It is a declining criterion. Signup and view all the answers

What is an example of another source of political power that can decide about rules and ensure their implementation?

The European Court of Justice. Signup and view all the answers

What has been the dominant political system for around two centuries?

Nation-state Signup and view all the answers

What is the thesis of 'hollowing out' of the State, according to Jessop?

Erosion of State's power and sovereignty Signup and view all the answers

What is a result of the decentralization of power?

Emergence of new levels of power with a new division of powers Signup and view all the answers

What is an example of the supra-state level of power?

European Union Signup and view all the answers

What is a factor that supports the re-assertion of the central role of the State?

Need to deal with terrorism Signup and view all the answers

What is the term used to describe the system of governance of contemporary States?

Governance of multi-actors Signup and view all the answers

What is a result of the deterritorialization of power?

Loss of centrality of the State in the process of political socialization Signup and view all the answers

What is an example of the sub-state level of power?

Local bureaucracy Signup and view all the answers

What is the nature of the North-South axis in Europe, as described by Stein Rokkan and Seymour Lipset?

Religious Signup and view all the answers

What, according to Norbert Elias, drove the emergence of the modern state?

War and military conflicts Signup and view all the answers

What was the result of war in terms of taxation, according to the text?

Taxes were legitimized Signup and view all the answers

What did the state gradually become, as described in the text?

A specific institution, differentiated from society Signup and view all the answers

What is the outcome of the emergence of the modern state, as described in the text?

The institutionalization of the state Signup and view all the answers

What is the relationship between war, taxes, and the emergence of the state, according to the text?

War led to the emergence of taxation Signup and view all the answers

What is the result of the emergence of the modern state, as described in the text?

The emergence of a differentiated state administration Signup and view all the answers

What is the significance of war in the emergence of the modern state, as described in the text?

War led to the legitimization of taxes and the emergence of the state Signup and view all the answers

What is the main characteristic of power in the pre-modern state?

A private good that you own and can pass on to other generations Signup and view all the answers

What is the result of the fragmentation of power in the pre-modern state?

Low stability of political units Signup and view all the answers

What is the role of the bourgeoisie in the emergence of the modern state?

They supported the creation of a centralized power Signup and view all the answers

What is the relationship between the development of the modern state and market capitalism?

The development of the modern state is parallel to market capitalism Signup and view all the answers

What is the role of the Catholic Church in the emergence of the modern state?

The Catholic Church promoted the theory of the two legitimacies Signup and view all the answers

What is the result of the Reformation on the emergence of the modern state?

The Reformation contributed to the emergence of the modern state Signup and view all the answers

What are the three sets of factors that explain the emergence of the modern state?

Economic, religious, and cultural factors Signup and view all the answers

What is the characteristic of power in the modern state?

A centralized and powerful organization of power Signup and view all the answers

Study Notes

Characteristics of a State

A state has the capacity to impose unilateral acts/norms, whose validity doesn't rely on the consent of those who have to obey the norm.
The state is the source of all rules of law, and it guarantees the effectiveness of these rules.
The state is both the source of and subject to the law, although this criterion is declining, and other sources of political power have emerged.

Territoriality

A state must have a territory, which is a 3-dimensional space where legal rules laid down by the rulers apply.
The notion of territory induces that there are borders, which make it possible to separate two areas where different legal norms apply.
The state is rarely a natural geographical space, but rather defined by treaty-based limits.

Population

A population refers to the individuals who are under the jurisdiction of the state and are legally subject to it.
The population is not only passive but also active, with rights conferred to them, such as the right to vote, which stimulate belongingness to the large group.

The Decline of the Nation-State

The nation-state has been the political system of reference for around two centuries, but it has been challenged by various transformations over the last four decades.
The "hollowing out" of the state refers to the erosion of state power and sovereignty, with a decentralization of power and a shift of the focus of politics and activism.
However, some authors argue that the "hollowing out" thesis exaggerates the reality, and that sovereign states still have a great deal of autonomy.

Governance

The notion of governance refers to states in partnership with a wide range of social and economic institutions at different levels of power, overlapping system of governance.
Governance is a reality of the functioning of contemporary states, with a fragmentation of power and multiple centers of power.

The Emergence of the Modern State

The modern state is opposed to the characteristics of the medieval state, such as feudalism, fragmentation of power, and instability.
Three sets of factors have contributed to the emergence of the modern state: economic, religious and cultural, and political and military.
Economic factors include the development of market capitalism and the emergence of a centralized power.
Religious and cultural factors include the contribution of the Catholic Church and the Protestant Reformation to the legitimation of state power.
Political and military factors include the competitive dynamic between rival laws, wars, and the establishment of a bureaucracy to coordinate military activity.

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Description

This quiz explores the concept of state power, legality, and the role of the state in imposing and enforcing rules and norms.