Alvin Charles Lopez Political philosophy The Philosophy of Right

From Classics in Political Philosophy, Jene M. Porter, ed. 1989

AB Philosophy 4 September 12, 2011

The author of the selected reading is trying to present what are the different ideas of a state as defined with legal philosophical basis. The idea of a state as explained is only a realization of an ethical idea. It sprung up from the collective idea of the people of what is ethical meaning the people is the lifeline of the state wherein in rests customs and traditions of an individual. Furthermore, the existence of a state is reflected only from the self-consciousness of an individual base on is knowledge and his activity. Thus, without the individual the state is nothing. The state is also a realization of freedom, a spirit in which live and needs to be exercise to exist. It is present in the consciousness of an individual despite the evil and defects of the world. In a state everything depends on the unity of the universal and the particular, these two must exist in perfect harmony or otherwise will bring the state into chaos. In the ancient states the will of the individual is with the will of the state. However, in contrast, modern state its emphasis is on the individual wherein the individual is demanded of his/her own opinion, conscience and will. The state demands duty which is directly the right of the individual, since the state as stated is nothing but the organization of the concept of freedom, the state give directions of the individual will and in the state where an individual can only realize his/her individual will.

Therefore, it is a need of an individual to be a part of the state because the state provides opportunities to attain his individual needs. The state is described also as an organism, capable of living and sustaining itself. The state is capable of maintaining itself through a constitution which is rational, perpetual and divine. The constitution is not only created by a mass of individual for their own welfare for if this is so, it implies that there is no constitution at all but only a mass of atomic individuals. The constitution is an already existing thing that needs to be constantly revised according to the signs of times. However, subjective freedom exists in every society and therefore we can say that the constitution is also a product of the consciousness of the individual. The state must permeate in all situations in his own constitution because if this is not the case the constitution will be considered existing externally thus, rendering it to be meaningless to its people. The power of the state rests depending on its kind, take for example monarchy, it has its sovereignty present in the head of state which is the queen and king, the people has its sovereignty given to the leaders of the state however, the leaders also must maintain the certain connection the link this two proponents together because if this connection is not maintained the people will be exist as a formless mass and thus, rendering the state no longer a state since it does not meet the requirements to be one. Regardless who is the leader of the state the sovereignty lies with the people because from them came their individual will which is collected to form a general will which in turn the leader of the state act whether it is a law or something that is for the benefit of all. For the state to enact its constitution, there exist three bodies that govern the people. First, the executive body, which task is to make laws from the collective individual will. Second, the legislative body which to interpret and implement the law. Lastly, the judiciary body which holds sanctions for those who violate the laws implemented and interpreted of the other two bodies.