The State: Its History and Development Viewed Sociologically — John Shaqi
The State: Its History and Development Viewed SociologicallyOppenheimer, Franz
History
The State: Its History and Development Viewed Sociologically
Oppenheimer, Franz
State, The
This treatise regards the State from the sociological standpoint only,
not from the juristic--sociology, as I understand the word, being both
a philosophy of history and a theory of economics. Our object is to
trace the development of the State from its socio-psychological genesis
up to its modern constitutional form; after that, we shall endeavor to
present a well-founded prognosis concerning its future development.
Since we shall trace only the State’s inner, essential being, we need
not concern ourselves with the external forms of law under which its
international and intra-national life is assumed. This treatise, in
short, is a contribution to the philosophy of State development; but
only in so far as the law of development here traced from its generic
form affects also the social problems common to all forms of the modern
State.
With this limitation of treatment in mind, we may at the outset dismiss
all received doctrines of public law. Even a cursory examination of
conventional theories of the State is sufficient to show that they
furnish no explanation of its genesis, essence and purpose. These
theories represent all possible shadings between all imaginable
extremes. Rousseau derives the State from a social contract, while
Carey ascribes its origin to a band of robbers. Plato and the followers
of Karl Marx endow the State with omnipotence, making it the absolute
lord over the citizen in all political and economic matters; while
Plato even goes so far as to wish the State to regulate sexual
relations. The Manchester school, on the other hand, going to the
opposite extreme of liberalism, would have the State exercise only
needful police functions, and would thus logically have as a result
a scientific anarchism which must utterly exterminate the State.
From these various and conflicting views, it is impossible either to
establish a fixed principle, or to formulate a satisfactory concept of
the real essence of the State.
This irreconcilable conflict of theories is easily explained by the
fact that none of the conventional theories treats the State from the
sociological view-point. Nevertheless, the State is a phenomenon common
to all history, and its essential nature can only be made plain by a
broad and comprehensive study of universal history. Except in the field
of sociology, the king’s highway of science, no treatment of the State
has heretofore taken this path. All previous theories of the State
have been class theories. To anticipate somewhat the outcome of our
researches, every State has been and is a class State, and every theory
of the State has been and is a class theory.
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