Legal Dictionary

state

Legal Definition of state

Noun

A term of international law: those groups of people which have acquired international recognition as an independent country and which have four characteristics; permanent and large population with, generally, a common language; a defined and distinct territory; a sovereign government with effective control; and a capacity to enter into relations with other states (i.e. recognized by other states). The USA, Canada and China are examples of states. States are the primary subjects of international law. The United Nations is comprised of all the states of the world. Some large states have subdivided into smaller units each having limited legislative powers normally restricted to subjects which are more properly regulated at a local, rather than a national level. Thus, the states of the USA are not really "states" under international law. It is common for the general public and English dictionaries to use the word "nations" to refer to what international law calls "states."

Definition of state

Etymology

status

stare

Pronunciation

IPA: /steɪt/, SAMPA: /steIt/
Audio (US) ^[?]
Audio (UK) ^[?]
Rhymes: -eɪt

Noun

state (plural states)

Any sovereign polity. A government.

* 20C, Albert Einstein, as quoted by Virgil Henshaw in Albert Einstein: Philosopher Scientist (1949)
Never do anything against conscience even if the state demands it.
A political division of a federation retaining a degree of autonomy, for example one of the fifty United States.
A condition.

A state of being.
A state of emergency.

Further reading

A state is an organised political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union. Some states are subject to external sovereignty or hegemony where ultimate sovereignty lies in another state.

The state can also be used to refer to the secular branches of government within a state, often as a manner of contrasting them with churches and civilian institutions (civil society).

Definitions

There is no academic consensus on the most appropriate definition of the state. The term "state" refers to a set of different, but interrelated and often overlapping, theories about a certain range of political phenomena. The act of defining the term can be seen as part of an ideological conflict, because different definitions lead to different theories of state function, and as a result validate different political strategies.

According to the Oxford English Dictionary, a state is "a an organized political community under one government; a commonwealth; a nation. b such a community forming part of a federal republic, esp the United States of America". Max Weber's commonly used definition describes the state as a compulsory political organization with a centralized government that maintains a monopoly of the legitimate use of force within a certain territory. General categories of state institutions include administrative bureaucracies, legal systems, and military or religious organizations.

Types of states

States may be classified as sovereign if they enjoy a monopoly of the legitimate use of force and are not dependent on, or subject to any other power or state. Other states are subject to external sovereignty or hegemony where ultimate sovereignty lies in another state. Many states are federated states which participate in a federal union. A federated state is a territorial and constitutional community forming part of a federation. Such states differ from sovereign states, in that they have transferred a portion of their sovereign powers to a federal government.

References:

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