Tuesday, October 7, 2014
The Origin of The Formation of the State
Country of Origin Occurrence Facts And Theoretical
Origin of the state is divided into 2 In the Primary or the origin of the state based on the theoretical approach and In Secondary or origin of the state based on the facts.
The occurrence of the state is the primary stages, starting from the simplest legal community, and then evolved to the level of the more advanced and not associated with the pre-existing state. Thus the state is the primary basis to discuss the origin of the first countries in the world.
According to G. Jellinek, the state primarily through four phases (Phase), namely:
• Phase Guild humans.
• Phase kingdom.
• Phase State.
• Phase democratic State and Dictatorship
Stages of the State:
Genoot Schaft (Tribe)
There is a term that means the Primus interpares primary among others.
Rijk / Reich (Empire)
Here comes the awareness of property rights and land rights.
Awareness of the need for democracy and popular sovereignty.
The dictatorship Natie
Government led by a choice of the people who then ruled unanimously
The occurrence of the secondary states are discussing the new state associated with other countries that have been there before, in this regard, the recognition of other countries in the secondary theory is an important element of the establishment of a new country.
To determine the occurrence of new states can use factual approach is an approach that is based on reality and experience the history that actually happened.
According to historical fact, the occurrence of a state because:
a. Invasion / occupation (Occupasi).
An area no later occupied by the master of a nation. Examples: Liberia occupied negro slaves who were freed in 1847.
b. Relief (Proclamation).
An area of particular countries, including district and state independence escape. Example: Belgian escape from the Dutch in 1839, Indonesia in 1945, Pakistan in 1947 (the provinces of Hindustan), Bangladesh in 1971 (the territory of Pakistan), 1975 Papua New Guinea (the territory of Australia), three Baltic countries (Latvia, Estonia, Lithuania ) escapes from the Soviet Union in 1991, etc.
c. Melting into one (fusion).
Some countries have melting into one new country. Example: The Government of Germany (1871), Vietnam (1975), Germany (1990), etc.
d. Annexation / Possession (Anexatie)
A nation stands at a region dominated (annexed) by other people without meaningful reaction. Example: the state of Israel was formed in 1948 when many districts annex Palestine, Syria, Jordan and Egypt.
e. Unlearning and the formation of new states.
A country is broken and disappeared, then appeared on the territory of the new country.
Example: Germany into West Germany and East Germany in 1945.
f. Fusion - Melting two or more countries and form one country.
g. Acessie - Withdrawal. Increasing a region because the sea sedimentation a long period of time and is occupied by the group.
h.Cessie - Submission. A district handed over to other countries based on the agreement.
i. Innovation - A National burst, then disappear and bring new countries on it.
j. Separation - a region that is part of the country, then broke away from its parent country and declared independence. Example: Belgium in 1839 to escape from the Netherlands
In addition to studying the origin of the first occurrence of the country can also use a theoretical approach that is based on an approach that hipotesanya logical frame of mind has not been proven in a statement. On the basis of these approaches, there are several theories about the origin of the occurrence of the country:
a. Theory Godhead (theokratis).
The rationale for this theory is the belief that everything that exists or happens in this universe is all the will of God, as well as state occurs due to the will of God. The remains of theory theokratis symbol appears in the sentence contained in the Constitution of various countries, such as: "... .. Over the grace of Almighty God" or "By the grace of God".
This theory was pioneered by Augustine, Friedrich Julius Stahl, and Kraneburg.
b. Theory of Power.
According to this theory the state is formed because of the power, while power comes from those who are the most robust and powerful, so that the state is due to the people who have the power / authority to conquer the weak.
c. Theory Society Agreement.
According to this theory, the state is formed because a group of people who originally lived each individually entered into an agreement to form an organization that could hold a common interest. This theory is based on an understanding of human life is separated into two pre-state era (era naturally) and the state.
This theory was pioneered by Thomas Hobbes.
d. Natural Law Theory.
According to this theory, the formation of the state and the law by looking at human society before their own lives. Thoughts on the plato and Aristotle
e. Human face Agreement theory of natural conditions and violence arises. Mankind would be doomed if he does not change his ways. Humans also unite to overcome the challenges and using union in a single motion for the common good.
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