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GOVERNMENT AND LAW
Transcript of GOVERNMENT AND LAW
Functions of the State
The Social Structure of Politics
Friday, September 18, 2015
Vol XCIII, No. 311
Sociology of Politics
The Structure and Function of Philippine Politics
GOVERNMENT AND LAW
Power Beyond the Law
Other Political Ideologies
Direct opposite of Democracy
Government in the hand of one individual who has supreme power over the people.
Decisions are subject to neither external legal restraints nor regularized mechanisms of popular control except perhaps for the implicit threat of a coup d'état or mass insurrection.
Absolute monarchy or Dictatorship
There is a rule by the people (directly - direct democracy or through representatives - representative democracy)
"a government of the people, by the people, and for the people."
19th Century - liberalism initiated the theory of the democratic state as the referee
The state is formal structure of government. It is the institution whose functions are carried out by the government. Government is the working active arm of the state that provides social control through political processes, the laws it establishes and implements.
The same processes that were responsible for institutionalizing social control in the state have also been responsible for the creation of nations. Nation is a culture group of people residing within the territory of the political state.
The spirit of the nationhood makes a group of people a nation. People unify into a nation through factors such as geographic boundaries, commercial ties developed throughout geographical area, and knowledge of common language. Additional factors appear with the establishment of a central government such as an attempt to subordinate former loyalties to new political order.
Whether a nation is already existent or whether its people are still fighting for is independence, the ultimate goal is always the social, political, and economic stability of the people.
Nationalism, which is the ideology behind the nation – state has played a significant part in modern history.
Nationalism is a complex social phenomenon, made up of a set of beliefs about the capabilities and uniqueness of one's own nation and a defense of its interest, above all others.
The Struggle for power: Legitimacy and authority
making, interpreting and enforcing laws
Politics tend to encourage disagreement about goals and means to achieve them.
- foundation of our Political system
- overthrow of one political
system in order to establish
another, usually with the use
of violent actions.
COMMON GROUNDS OF REVOLUTION
establishment of new legitimacy
likened to a virus
Poverty reduction strategies will never be effective when corruption is rampant.
large gathering of unarmed people united by a set of political calls (David 2001;242)
As a political gathering, its objectives are concerned with political power
People Power I
- failure of 1986 snap elections
People Power II
- failure of the impeachment trial against Pres. Estrada
People Power III
- arrest and detention of Pres. Estrada
7 out of 10 countries scored less than 5 out of a clean score of 10
scored less than 2
developed countries that scored higher than 9
Transparency International Corruption Perceptions Index 2014
New Zealand (91/100)
North Korea (8/100)
*Philippines scored 38/100
acts of violence or the threat of violence employed by an individual or group as a political strategy
weak organization's strategy to harm an enemy
Comes from the Greek word
"affairs of the cities”
The “theory, art and science of government”.
It has 2 types: Formal and Informal
Legislating and enforcing laws
Providing social services
Conducting foreign affairs
Deciding on issues of war and peace
Set norms and values as to who will possess the
“monopoly of legitimate use of physical force within a given territory”
sociology of politics
The complex interplay between the state and society is the crux of political sociology
An organized political community living under a single system of government.
The concept of state as distinct from society developed gradually.
The need arose when groups within the society realized it is for their welfare.
Ideology is a system of values, ideas, beliefs and attitudes that a society or group share and accept as fact.
Political ideology is a blueprint for a good society.
A political ideology is a set of related beliefs about political theory and policy held by an individual, group of individuals or a particular social class.
Power or authority resides in the few persons who govern for their own interests.
These people could be distinguished by royalty, wealth, family ties, education, corporate, religious or military control
Referred to as Elitism.
the basis of power in the philippine politics
- a method for a group such as meeting or an electorate to make a decision or express an opinion --- often following discussions, debates, or electoral campaigns.
in cities and poblacions were consulted on political, legal, and other technical matters by voters.
- Straight buying and selling of votes operate with a network of personalized reciprocity. Jobs and services are bartered for votes.
molding of public opinion
- It would be essential to have strong and knowledgeable citizens that hold educated opinions that could be shared and expressed. Efforts to provide more scientific public opinion polling are done by professional statistical centers.
- It is a general vote by the electoral on a single political question that has been referred to them for a direct decision.
is a form of government in which a single family rules from generation to generation. Thus, it is transferred by hereditary succession and exercised for the benefit of both rulers and the ruled
the power is inherent in the ruler by “divine right”
Two main types of monarchy are
is a form of government in which all power resides with a few people or in a dominant class or group within the society. These groups of people may be distinguished by royalty, wealth, education, or military control.
oligarchs do not have to be connected by bloodlines in order to inherit power
the word "democracy" literally means "rule by the people"
the power is vested on the masses who, in turn, delegate this power to those whom they elect to represent them in the government
those elected may be removed or retained through periodic elections by the masses
It allows people to participate equally—either directly or through elected representatives—in the proposal, development, and creation of laws.
It requires that citizens be free to organize competing political parties, engage in political campaigns, and hold elections according to agreed-upon rules
Two common forms are the parliamentary and the presidential
Power is held by a small group who rules through coercive, not legitimate, force
it is a form of rule in which the government attempts to maintain total control over society, including all aspects of the public and private lives of its citizens.
It is an authority by a group within a society that allows for the administration of public resources and implement policies for society.
It is a basic force in the political process and in structuring society. The ability to influence decision-making is a significant measure of power.
“the probability that one actor within a social relationship will be in position to carry out his own will despite resistance”
abstract representation of the political system of a society. It has the authority to employ force or violence to implement social control.
Legitimate possession of power. Power becomes legitimate authority when members of society accept its use as right and proper.
It is one particular kind of power given to an individual or group.
GOVERNMENT IS LEGITIMATE WHEN:
its laws are followed and its officials respected by the majority of the people in the society.
CRISIS OF LEGITIMACY
it occurs when majority of the people believe that the government is not worthy or capable of upholding and enforcing the law. The people disregard the law and do not respect the enforcers.
STRUGGLE FOR POWER
acquisition, exercise, and maintenance of power.
persons or groups who support the political leadership in a society at a certain time.
Before any colonizers came, there were already tribes which were ruled by absolute monarchies called
Each was ruled by either datu or rajah.
The people traded with Chinese merchants.
SPANISH COLONIZATION (1565-1898)
the government was composed of two branches, the executive and the judicial. There was no legislative branch on that time since the laws were coming from Spain.
the only laws created in the Philippines are those who were ordered by the Governor General.
Philippine Revolution of 1896
The revolutionary leaders produced the Malolos Constitution in 1899 which was the basic law of the
First Philippine Republic
and established a republic which specified decentralization
AMERICAN CIVIL GOVERNMENT
Treaty of Paris of 1898,
was an agreement that resulted in the Spanish Empire’s surrendering control of the Philippines to the United States. It involved a payment of $20 million from the United States to the Spanish Empire.
the treaty was signed on December 10, 1898, and ended the Spanish–American War.
The American civil government pursued the policy of local self-government through centralization
The Philippine Commonwealth government and the Japanese puppet government operated simultaneously.
when the Philippines gained political independence after World War II, Filipinos sought the policy of local autonomy. Through this, the local government has the power to run its own affairs and can make its own laws and act upon them
Legal, quasi-legal, and extra legal forces have competed and conflicted in the making, interpreting, and enforcing of laws in the Philippines
Formation of the Philippine Council for Agrarian Workers and other federations and alliances
- Loose and weak
- No ideologies
- Campaigns focus on personalities
- Adaptation of a two part system from the uni-party system after the World War II
Labor sector, the young intellectuals, and a third party
Formal party system, electoral behavior in the pre-martial rule era
The Marcos authoritarian regime
- Traditional process not anymore realized
- 1978 and 1984 Batasang Pambansa elections
Party systems should be a catalyst for the expectations and aspirations of specific socioeconomic constituencies
Notable now: the new consciousness that is arising in the public mind
*According to political scientist
, it consists of four key elements:
A political system for choosing and replacing the government through free and fair elections.
The active participation of the people, as citizens, in politics and civic life.
Protection of the human rights of all citizens.
A rule of law, in which the laws and procedures apply equally to all citizens
As a form of social control, the government operates formally and impersonally through the state. As it operates politically, the following subsystems are discernible (Merton 1957:71-82; Chapin 1935:39)
the logistic, which is wholly regulated by the laws, whether in the international, national, or local spheres.
the quasi – legal, which is partly within the limits of the law and partly a matter of personal unofficial arrangements, as in the villages
the extra legal, which includes alliances of shady business and underworld dealings as in predatory economic-political-crime-vice networks.
“in most countries, socialism carries the connotation that whatever is good is socialist, whatever is bad originates in capitalism
“socialism implies egalitarianism and that people are living for society, while capitalism has been given the connotation of materialism, ‘greed,’ ‘selfish,’ ‘self-starving,’ and the likes
Communism (Marx & Engels)
proposes the abolition of private property and the nationalization of the major means of production and distribution.
all major aspects of society's life activities are rigidly regulated by a centralized state authority
Private ownership of the means of production is limited by a strict state control.
Monopoly of the means of communication
civil rights - curtailed
state - highly glorified
is a political system in which the state holds total control over the society and seeks to control all aspects of public and private life wherever possible.
Absolute power is not attained or maintained easily. It comes from a one party system and develops entirely new political institutions for controlling and supervising people.
there is monopoly of control in every phase of the people’s lives
it can banish people, imprison them, or put them to death.
monopoly of public communications
control of organized group life
arbitrary police power
It has features that are similar to constitutional democracy
its goal is for the industrialization of the nation and emphasizes participation among its people.
they focus on reducing the hardships raised by the capitalist economies, such as:
salary and wages
on the job promotion
rather than on the revision of the structure of societies.
- to combine or share
means of production - owned by public enterprises
individuals are compensated based on principle of individual contribution
outcry against capitalism (free enterprise)
Provision of protection of home
Maintenance of public welfare programs for the sick, crippled, insane, unemployed, widowed and orphaned, abused, and the like.
FROM THE FAMILY:
Resolution of labor-capital disputes
Limitation or regulation of production
Distribution and consumption of economic resources
Control of wages, prices, taxes
Allowances of fringe benefits
Regulation of the conditions for contracting and dissolving marriages
Provision of relief for the poor
FROM THE CHURCH:
Main functions of the state:
Maintenance of peace and order
Regulation and control of the lives of people
It is also expected to answer the needs of the citizenry
from the economy:
forms of government
Transparency International Corruption Perceptions Index 2002