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67-555: In most cases, criminal prosecutions are pursued by the state in order to punish offenders, although some systems, such as in English and French law, allow citizens to bring a private prosecution . Conversely, civil actions are initiated by private individuals , companies or organizations, for their own benefit. Government agencies may also be a party to civil actions. Civil and criminal cases are usually heard in different courts. In jurisdictions based on English common-law systems,

134-467: A directly democratic form of government that was to have a long afterlife in political thought and history. During Medieval times in Europe, the state was organized on the principle of feudalism , and the relationship between lord and vassal became central to social organization. Feudalism led to the development of greater social hierarchies. The formalization of the struggles over taxation between

201-468: A federal union . A federated state is a territorial and constitutional community forming part of a federation . (Compare confederacies or confederations such as Switzerland.) Such states differ from sovereign states in that they have transferred a portion of their sovereign powers to a federal government . One can commonly and sometimes readily (but not necessarily usefully) classify states according to their apparent make-up or focus. The concept of

268-720: A unitary state or some type of federal union ; in the latter type, the term "state" is sometimes used to refer to the federated polities that make up the federation , and they may have some of the attributes of a sovereign state , except being under their federation and without the same capacity to act internationally. (Other terms that are used in such federal systems may include " province ", " region " or other terms.) For most of prehistory people lived in stateless societies . The earliest forms of states arose about 5,500 years ago. Over time societies became more stratified and developed institutions leading to centralised governments. These gained state capacity in conjunction with

335-441: A certain range of political phenomena . According to Walter Scheidel, mainstream definitions of the state have the following in common: "centralized institutions that impose rules, and back them up by force, over a territorially circumscribed population; a distinction between the rulers and the ruled; and an element of autonomy, stability, and differentiation. These distinguish the state from less stable forms of organization, such as

402-559: A country is sometimes called the " first-level (or first-order ) administrative division" or "first administrative level". Its next subdivision might be called "second-level administrative division" or "second administrative level" and so on. An alternative terminology is provided by the Nomenclature of Territorial Units for Statistics which terms the principal division as the second level or NUTS-2. Administrative divisions are conceptually separate from dependent territories , with

469-426: A given territory." While defining a state, it is important not to confuse it with a nation; an error that occurs frequently in common discussion. A state refers to a political unit with sovereignty over a given territory. While a state is more of a "political-legal abstraction," the definition of a nation is more concerned with political identity and cultural or historical factors. Importantly, nations do not possess

536-402: A government and its state is one of representation and authorized agency. Charles Tilly distinguished between empires, theocracies, city-states and nation-states. According to Michael Mann , the four persistent types of state activities are: Josep Colomer distinguished between empires and states in the following way: According to Michael Hechter and William Brustein , the modern state

603-406: A number of smaller entities. Within those entities are the large and small cities or towns, which may or may not be the county seat . Some of the world's larger cities culturally, if not officially, span several counties, and those crossing state or provincial boundaries have much in common culturally as well, but are rarely incorporated within the same municipal government. Many sister cities share

670-660: A particular independent sovereign state is divided. Such a unit usually has an administrative authority with the power to take administrative or policy decisions for its area. Usually, sovereign states have several levels of administrative division. Common names for the principal (largest) administrative divisions include: states (subnational states, rather than sovereign states), provinces , lands , oblasts and regions . These in turn are often subdivided into smaller administrative units known by names such as comarcas , raions or districts , which are further subdivided into municipalities , communes or communities constituting

737-616: A political philosophy of the state, and to have rationally analyzed political institutions. Prior to this, states were described and justified in terms of religious myths. Several important political innovations of classical antiquity came from the Greek city-states and the Roman Republic . The Greek city-states before the 4th century granted citizenship rights to their free population, and in Athens these rights were combined with

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804-536: A privileged and wealthy ruling class that was subordinate to a monarch . The ruling classes began to differentiate themselves through forms of architecture and other cultural practices that were different from those of the subordinate laboring classes. In the past, it was suggested that the centralized state was developed to administer large public works systems (such as irrigation systems) and to regulate complex economies. However, modern archaeological and anthropological evidence does not support this thesis, pointing to

871-427: A province, region, canton, land, governorate, oblast, emirate, or country. Administrative units that are not federated or confederated but enjoy a greater degree of autonomy or self-government than other territories within the same country can be considered autonomous regions or de facto constituent states of that country. This relationship is by some authors called a federacy or asymmetric federalism . An example

938-458: A slightly different definition of the state with respect to the nation: the state is "a primordial, essential, and permanent expression of the genius of a specific [nation]." The definition of a state is also dependent on how and why they form. The contractarian view of the state suggests that states form because people can all benefit from cooperation with others and that without a state there would be chaos. The contractarian view focuses more on

1005-408: A specific state. In the classical thought, the state was identified with both political society and civil society as a form of political community, while the modern thought distinguished the nation state as a political society from civil society as a form of economic society. Thus in the modern thought the state is contrasted with civil society. Antonio Gramsci believed that civil society

1072-407: A state faces some practical limits via the degree to which other states recognize them as such. Definitions of a state are disputed. According to sociologist Max Weber : a "state" is a polity that maintains a monopoly on the legitimate use of violence , although other definitions are common. Absence of a state does not preclude the existence of a society , such as stateless societies like

1139-416: A victim of a crime may incidentally be awarded compensation by a criminal court judge . Evidence from a criminal trial is generally admissible as evidence in a civil action about the same matter. For example, the victim of a road accident does not directly benefit if the driver who injured them is found guilty of the crime of careless driving. The victim still has to prove his case in a civil action, unless

1206-467: Is (by area or population), the fewer levels of administrative divisions it has. For example, Vatican City does not have any administrative subdivisions, and Monaco has only one level (both are city-states ), while such countries as France and Pakistan have five levels each. The United States is composed of states, possessions, territories , and a federal district , each with varying numbers of subdivisions. The principal administrative division of

1273-410: Is appealed). Most countries make a clear distinction between civil and criminal procedure. For example, a criminal court may force a convicted defendant to pay a fine as punishment for their crime, and the legal costs of both the prosecution and defence. But the victim of the crime generally pursues their claim for compensation in a civil, not a criminal, action. In France and England, however,

1340-402: Is composed of a specialized and privileged body of individuals, who monopolize political decision-making, and are separated by status and organization from the population as a whole. States can also be distinguished from the concept of a " nation ", where "nation" refers to a cultural-political community of people. A nation-state refers to a situation where a single ethnicity is associated with

1407-420: Is considered by some such as Adam Smith as a central function of the state, since these goods would otherwise be underprovided. Tilly has challenged narratives of the state as being the result of a societal contract or provision of services in a free market – he characterizes the state more akin as a protection racket in the vein of organized crime. While economic and political philosophers have contested

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1474-730: Is no fixed rule, for " all politics is local " as is perhaps well demonstrated by their relative lack of systemic order. In the realm of self-government, any of these can and does occur along a stretch of road—which for the most part is passing through rural, unsettled countryside. Since the terms are administrative political divisions of the local regional government, their exact relationship and definitions are subject to home rule considerations, tradition, as well as state statute law and local governmental (administrative) definition and control. In British cultural legacy, some territorial entities began with fairly expansive counties which encompass an appreciably large area, but were divided over time into

1541-485: Is the autonomous republic of Karakalpakstan within Uzbekistan . Due to variations in their use worldwide, consistency in the translation of terms from non-English to English is sometimes difficult to maintain. In many of the following terms originating from British cultural influence, areas of relatively low mean population density might bear a title of an entity one would expect to be either larger or smaller. There

1608-414: Is the primary locus of political activity because it is where all forms of "identity formation, ideological struggle, the activities of intellectuals, and the construction of hegemony take place." and that civil society was the nexus connecting the economic and political sphere. Arising out of the collective actions of civil society is what Gramsci calls "political society", which Gramsci differentiates from

1675-469: The Amazon rainforest , which are uninhabited or inhabited solely or mostly by indigenous people (and some of them remain uncontacted ). Also, there are so-called " failed states " which do not hold de facto control over all of their claimed territory or where this control is challenged. Currently the international community comprises around 200 sovereign states , the vast majority of which are represented in

1742-523: The Andes . It is only in relatively modern times that states have almost completely displaced alternative " stateless " forms of political organization of societies all over the planet . Roving bands of hunter-gatherers and even fairly sizable and complex tribal societies based on herding or agriculture have existed without any full-time specialized state organization, and these "stateless" forms of political organization have in fact prevailed for all of

1809-703: The Haudenosaunee Confederacy that "do not have either purely or even primarily political institutions or roles". The degree and extent of governance of a state is used to determine whether it has failed . The word state and its cognates in some other European languages ( stato in Italian, estado in Spanish and Portuguese, état in French, Staat in German and Dutch) ultimately derive from

1876-549: The United Nations . For most of human history, people have lived in stateless societies , characterized by a lack of concentrated authority, and the absence of large inequalities in economic and political power . The anthropologist Tim Ingold writes: It is not enough to observe, in a now rather dated anthropological idiom, that hunter gatherers live in 'stateless societies', as though their social lives were somehow lacking or unfinished, waiting to be completed by

1943-517: The growth of cities , which was often dependent on climate, and economic development , with centralisation often spurred on by insecurity and territorial competition. Over time, a variety of forms of states developed, which used many different justifications for their existence (such as divine right , the theory of the social contract , etc.). Today, the modern nation state is the predominant form of state to which people are subject. Sovereign states have sovereignty ; any ingroup 's claim to have

2010-655: The prehistory and much of human history and civilization . The primary competing organizational forms to the state were religious organizations (such as the Church), and city republics . Since the late 19th century, virtually the entirety of the world's inhabitable land has been parcelled up into areas with more or less definite borders claimed by various states. Earlier, quite large land areas had been either unclaimed or uninhabited, or inhabited by nomadic peoples who were not organised as states . However, even within present-day states there are vast areas of wilderness, like

2077-472: The " status rei publicae ", the "condition of public matters". In time, the word lost its reference to particular social groups and became associated with the legal order of the entire society and the apparatus of its enforcement. The early 16th-century works of Machiavelli (especially The Prince ) played a central role in popularizing the use of the word "state" in something similar to its modern sense. The contrasting of church and state still dates to

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2144-422: The "repressive state apparatus" (such as police and military) in reproducing social relations. Jürgen Habermas spoke of a public sphere that was distinct from both the economic and political sphere. Given the role that many social groups have in the development of public policy and the extensive connections between state bureaucracies and other institutions, it has become increasingly difficult to identify

2211-471: The 16th century. The North American colonies were called "states" as early as the 1630s. The expression "L'État, c'est moi" (" I am the State ") attributed to Louis XIV , although probably apocryphal, is recorded in the late 18th century. There is no academic consensus on the definition of the state. The term "state" refers to a set of different, but interrelated and often overlapping, theories about

2278-480: The Latin word status , meaning "condition, circumstances". Latin status derives from stare , "to stand", or remain or be permanent, thus providing the sacred or magical connotation of the political entity. The English noun state in the generic sense "condition, circumstances" predates the political sense. It was introduced to Middle English c.  1200 both from Old French and directly from Latin. With

2345-577: The State] v. Sanchez" in the United States and "R. ( Rex , Latin for " King " but spoken as "The Crown") v. Sanchez" in England and Wales, amongst other Commonwealth realms . But a civil action between Ms. Sanchez and a Mr. Smith would be "Sanchez v. Smith" if it were started by Sanchez, and "Smith v. Sanchez" if it were started by Mr. Smith (though the order of parties' names can change if the case

2412-413: The alignment and conflict of interests between individuals in a state. On the other hand, the predatory view of the state focuses on the potential mismatch between the interests of the people and interests of the state. Charles Tilly goes so far to say that states "resemble a form of organized crime and should be viewed as extortion rackets." He argued that the state sells protection from itself and raises

2479-427: The archaeological record as of 6000 BC; in Europe they appeared around 990, but became particularly prominent after 1490. Tilly defines a state's "essential minimal activities" as: Importantly, Tilly makes the case that war is an essential part of state-making; that wars create states and vice versa. Modern academic definitions of the state frequently include the criterion that a state has to be recognized as such by

2546-549: The boundaries of the state. Privatization , nationalization , and the creation of new regulatory bodies also change the boundaries of the state in relation to society. Often the nature of quasi-autonomous organizations is unclear, generating debate among political scientists on whether they are part of the state or civil society. Some political scientists thus prefer to speak of policy networks and decentralized governance in modern societies rather than of state bureaucracies and direct state control over policy. The earliest forms of

2613-429: The doctrine of collateral estoppel applies, as it does in most American jurisdictions. The victim may be able to prove their civil case even when the driver is found not guilty in the criminal trial, because the standard to determine guilt is higher than the standard to determine fault. However, if a driver is found by a civil jury not to have been negligent, a prosecutor may be estopped from charging them criminally. If

2680-476: The emergence of a social class of people who did not have to spend most of their time providing for their own subsistence, and writing (or an equivalent of writing, like Inca quipus ) because it made possible the centralization of vital information. Bureaucratization made expansion over large territories possible. The first known states were created in Egypt , Mesopotamia , India , China , Mesoamerica , and

2747-445: The evidence and decide what is most probable. Civil procedure is traditionally divided into inquisitorial and adversarial . State (polity) A state is a political entity that regulates society and the population within a territory . Government is considered to form the fundamental apparatus of contemporary states. A country often has a single state, with various administrative divisions . A state may be

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2814-455: The evolutionary development of a state apparatus. Rather, the principal of their socialty, as Pierre Clastres has put it, is fundamentally against the state. During the Neolithic period, human societies underwent major cultural and economic changes, including the development of agriculture , the formation of sedentary societies and fixed settlements, increasing population densities, and

2881-412: The exercise of chiefly power." The most commonly used definition is by Max Weber who 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. Weber writes that the state "is a human community that (successfully) claims the monopoly of the legitimate use of physical force within

2948-562: The existence of several non-stratified and politically decentralized complex societies. Mesopotamia is generally considered to be the location of the earliest civilization or complex society , meaning that it contained cities , full-time division of labor , social concentration of wealth into capital , unequal distribution of wealth , ruling classes, community ties based on residency rather than kinship , long distance trade , monumental architecture , standardized forms of art and culture, writing, and mathematics and science . It

3015-619: The fore: note the res publica of ancient Rome and the Rzeczpospolita of Poland-Lithuania which finds echoes in the modern-day republic . The concept of temple states centred on religious shrines occurs in some discussions of the ancient world. Relatively small city-states , once a relatively common and often successful form of polity, have become rarer and comparatively less prominent in modern times. Modern-day independent city-states include Vatican City , Monaco , and Singapore . Other city-states survive as federated states, like

3082-431: The former being an integral part of the state and the other being only under some lesser form of control. However, the term "administrative division" can include dependent territories as well as accepted administrative divisions (for example, in geographical databases ). Communities united in a federation under a federal government are more specifically known as federated states . A federated state may be referred to as

3149-437: The government is the particular group of people, the administrative bureaucracy that controls the state apparatus at a given time. That is, governments are the means through which state power is employed. States are served by a continuous succession of different governments. States are immaterial and nonphysical social objects, whereas governments are groups of people with certain coercive powers. Each successive government

3216-626: The international community. Liberal thought provides another possible teleology of the state. According to John Locke, the goal of the state or commonwealth is "the preservation of property" (Second Treatise on Government), with 'property' in Locke's work referring not only to personal possessions but also to one's life and liberty. On this account, the state provides the basis for social cohesion and productivity, creating incentives for wealth-creation by providing guarantees of protection for one's life, liberty and personal property. Provision of public goods

3283-411: The lack of war which European states relied on. A state should not be confused with a government; a government is an organization that has been granted the authority to act on the behalf of a state. Nor should a state be confused with a society; a society refers to all organized groups, movements, and individuals who are independent of the state and seek to remain out of its influence. Neuberger offers

3350-473: The monarch and other elements of society (especially the nobility and the cities) gave rise to what is now called the Standestaat , or the state of Estates, characterized by parliaments in which key social groups negotiated with the king about legal and economic matters. These estates of the realm sometimes evolved in the direction of fully-fledged parliaments, but sometimes lost out in their struggles with

3417-489: The monarch, leading to greater centralization of lawmaking and military power in his hands. Beginning in the 15th century, this centralizing process gives rise to the absolutist state. Administrative division List of forms of government Administrative divisions (also administrative units , administrative regions , #-level subdivisions , subnational entities , or constituent states , as well as many similar generic terms) are geographical areas into which

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3484-552: The monopolistic tendency of states, Robert Nozick argues that the use of force naturally tends towards monopoly. Another commonly accepted definition of the state is the one given at the Montevideo Convention on Rights and Duties of States in 1933. It provides that "[t]he state as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with

3551-692: The nation-state, theoretically or ideally co-terminous with a "nation", became very popular by the 20th century in Europe, but occurred rarely elsewhere or at other times. In contrast, some states have sought to make a virtue of their multi-ethnic or multinational character ( Habsburg Austria-Hungary , for example, or the Soviet Union ), and have emphasised unifying characteristics such as autocracy , monarchical legitimacy , or ideology . Other states, often fascist or authoritarian ones, promoted state-sanctioned notions of racial superiority . Other states may bring ideas of commonality and inclusiveness to

3618-439: The notion of the state as a polity. He stated that politics was not a "one-way process of political management" but, rather, that the activities of civil organizations conditioned the activities of political parties and state institutions, and were conditioned by them in turn. Louis Althusser argued that civil organizations such as church , schools , and the family are part of an "ideological state apparatus" which complements

3685-475: The organizational characteristics like geographic boundaries or authority figures and officials that states do. Additionally, a nation does not have a claim to a monopoly on the legitimate use of force over their populace, while a state does, as Weber indicated. An example of the instability that arises when a state does not have a monopoly on the use of force can be seen in African states which remain weak due to

3752-433: The other states." And that "[t]he federal state shall constitute a sole person in the eyes of international law." Confounding the definition problem is that "state" and "government" are often used as synonyms in common conversation and even some academic discourse. According to this definition schema, the states are nonphysical persons of international law , governments are organizations of people. The relationship between

3819-445: The party bringing a criminal charge (in most cases, the state) is called the "prosecution", but the party bringing most forms of civil action is the " plaintiff " or " claimant ". In both kinds of action the other party is known as the "defendant". A criminal case against a person called Ms. Sanchez would be described as "The People v. (= "versus", "against" or "and") Sanchez", "The State (or Commonwealth) v. Sanchez" or "[The name of

3886-462: The plaintiff has shown that the defendant is liable, the main remedy in a civil court is the amount of money, or "damages", which the defendant should pay to the plaintiff. Alternative civil remedies include restitution or transfer of property, or an injunction to restrain or order certain actions. The standards of proof are higher in a criminal case than in a civil one, since the state does not wish to risk punishing an innocent person. In English law

3953-404: The present day German city-states , or as otherwise autonomous entities with limited sovereignty, like Hong Kong , Gibraltar and Ceuta . To some extent, urban secession , the creation of a new city-state (sovereign or federated), continues to be discussed in the early 21st century in cities such as London . A state can be distinguished from a government . The state is the organization while

4020-411: The prosecution must prove the guilt of a criminal " beyond reasonable doubt "; but the plaintiff in a civil action is required to prove his case "on the balance of probabilities". Thus, in a criminal case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason (not just a feeling or intuition) for this doubt. But in a civil case, the court will weigh all

4087-497: The question about why people should trust a state when they cannot trust one another. Tilly defines states as "coercion-wielding organisations that are distinct from households and kinship groups and exercise clear priority in some respects over all other organizations within substantial territories." Tilly includes city-states, theocracies and empires in his definition along with nation-states, but excludes tribes, lineages, firms and churches. According to Tilly, states can be seen in

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4154-472: The revival of the Roman law in 14th-century Europe, the term came to refer to the legal standing of persons (such as the various " estates of the realm " – noble, common, and clerical), and in particular the special status of the king. The highest estates, generally those with the most wealth and social rank, were those that held power. The word also had associations with Roman ideas (dating back to Cicero ) about

4221-402: The smallest units of subdivision (the local governments ). Some administrative division names (such as departments , cantons , prefectures , counties or governorates ) can be used for principal, second-level, or third-level divisions. The levels of administrative divisions and their structure largely varies by country (and sometimes within a single country). Usually the smaller the country

4288-486: The state emerged whenever it became possible to centralize power in a durable way. Agriculture and a settled population have been attributed as necessary conditions to form states. Certain types of agriculture are more conducive to state formation, such as grain (wheat, barley, millet), because they are suited to concentrated production, taxation, and storage. Agriculture and writing are almost everywhere associated with this process: agriculture because it allowed for

4355-461: The use of pottery and more complex tools. Sedentary agriculture led to the development of property rights , domestication of plants and animals, and larger family sizes. It also provided the basis for an external centralized state. By producing a large surplus of food, more division of labor was realized, which enabled people to specialize in tasks other than food production. Early states were characterized by highly stratified societies, with

4422-481: Was differentiated from "leagues of independent cities, empires, federations held together by loose central control, and theocratic federations" by four characteristics: States may be classified by political philosophers as sovereign if they 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

4489-594: Was the world's first literate civilization, and formed the first sets of written laws . Bronze metallurgy spread within Afro-Eurasia from c.  3000 BC , leading to a military revolution in the use of bronze weaponry, which facilitated the rise of states. Although state-forms existed before the rise of the Ancient Greek empire, the Greeks were the first people known to have explicitly formulated

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