MORAL JUSTIFICATION OF THE STATE INTERFERENCE WITH THE RIGHTS AND LIBERTIES OF THE CITIZENS
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- NGN 3000
ABSTRACT
In the history of political philosophy there have been different views as to what relationship should exists between the citizens and state in terms of state’s power, authority compared to individual right and liberties.
The state is seen as a people living in a given territory under one law with a single governmental system. Some exponents conceived of the state through its characteristics and nature, while others conceive it in terms of it’s function and aims.
The origin of the state poses a problem in political philosophy because it lacks the element history and anthropological works. Among the first questions which political theories raised are what is the origin of the state? Have men always liked under some forms of political organization? If they have not, what are the causes that brought the original establishment of modern state? Some of the theories concerning the beginning of the state are, the divine right theory, the material theory and the social contract theory.
The main aim of the state is the good of all in the society. The state Aristotle tells us originated for the purpose of life and the end of the state is therefore ethical. The state also performs more active function.
On good moral ground then a mere overseer, bearing in mind the modern challenges of state such as economic, education and technological development.
The state also provides good amenities and social services such as school, good roads, hospitals, water, electricity to mention a few. To achieve these aims for example, the state might be seen by having to impose taxation, which might been seen by the people as encroachment.
Right in the first place are generally defined as power of free actions. But according to H.L.A. Hart, right generally mean in the minimal sense, these conditions of social life without which no man can seek in general to be himself at this best. While, liberty could be seen as freedom exemption from restraints such as justly impose by law. But liberty has it’s negative and positive sides.
The relationship between the state and the rights and liberty of citizen is very close, according to Hegal, the state is order, legal and moral peace. The state providing for law enforcement agents to prevent violence that might obviate a peaceful atmosphere. This relationship is like that of father and son. The state performs paternal functions in protecting the rights and liberties of the citizen while, the citizen who are the son are duty bound to obeying the state in their potentials are to be actualized.
In order for the state to meet its focus or end, it has to set in taxation, law and this is what the citizen call encroachment.
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