_The State is a legal relation by virtue of which a supreme authority
exists in a certain territory._
1. The State is a legal relation.
A legal relation is the relation, determined by legal norms, of an
obligated party, one to whom a procedure is prescribed, to an entitled
party, one for whose sake it is prescribed. Thus, for instance, the
legal relation of a loan is a relation of the borrower, who is bound by
the legal norms concerning loans, to the lender, for whose sake he is
bound.
The State is the legal relation of all the men who by legal norms are
subjected to a supreme territorial authority, to all those for whose
sake they are subjected to it. Here the circle of the entitled and the
obligated is one and the same; the State is a bond upon all in favor of
all.
To this it might perhaps be objected that the State is not a legal
relation but a person. But the two propositions, that an association of
men is a person in the legal sense and that it is a legal relation, are
quite compatible; nay, its attribute of personality is based mainly on
its attribute of being a legal relation of a particular kind; law, in
viewing the association in its outward relationships as a person, starts
from the fact that men are bound together by a particular legal
relation. A joint-stock corporation is a person not although, but
because, it is a legal relation of a peculiar kind. And similarly, the
fact that the State is a person is not only reconcilable with its being
a legal relation, but is founded on its being a peculiar legal relation.
2. As to the conditions of its existence, this legal relation is
involuntary.
A voluntary legal relation exists when legal norms make entrance into
the relation conditional on actions of the obligated party, of which
actions the purpose is to bring about the legal relation; for instance,
entrance into the relation of tenancy is conditioned on agreeing to a
lease. _Per contra_, an involuntary legal relation exists when legal
norms do not make entrance into the relation conditional on any such
actions of the obligated party, as, for instance, a patent is not
conditioned on any action of those who are bound by it, and the sentence
of a criminal is at least not conditioned on any action whereby he
intended to bring it about.
If the State were a voluntary legal relation, a supreme authority could
exist only for those inhabitants of a territory who had acknowledged it.
But the supreme authority exists for all inhabitants of the territory,
whether they have acknowledged it or not; the legal relation is
therefore involuntary.
3. The substance of this legal relation is, that a supreme authority
exists in a territory.
Public-domain text, read in full here on John Shaqi.
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