BABASAHEB BHIMRAO AMBEDKAR UNIVERSITY,

LUCKNOW

PROJECT REPORT ON
STATE

SUBMITTED TO: Dr. Asish Shahi

: SUBJECT:JURISPRUDENCE-II

SUBMITTED BY: MIHIR SINGH: 206614

[BBA LL.B. (HONS.)]
 ACKNOWLEDGEMENT
Any project completed or done in isolation is unthinkable. This project, although
prepared by me, is a culmination of efforts of a lot of people. Firstly, I would like
to thank my professor for helping me understand Jurisprudence-II, Without his
valuable suggestions towards the making of this project.
Further to that, I would also like to express my gratitude towards our seniors who
were a lot of help for the completion of this project. The contributions made by my
classmates and friends are, definitely, worth mentioning.
I would like to express my gratitude towards the library staff for their help. And all
my fellow colleges and dear ones.
 Contents
INTRODUCTION...........................................................................................................................4

DEFINITIONS OF JURISPRUDENCE..........................................................................................5

Functions of the State:.....................................................................................................................5

PRIMARY FUNCTIONS:...........................................................................................................7

SECONDARY FUNCTIONS......................................................................................................8

BIBLOGRAPHY:............................................................................................................................9
INTRODUCTION
The state is, arguably, the most contested term in political theory and it may refer to a great many
different things, such as a philosophical or ideological category, an institution, a territorial power
or a functional organizing principle. It is a topic covered extensively in the writings of political
philosophers since classical times, and certainly Plato, Aquinas, Machiavelli, Hobbes, Locke and
Marx are only a few of the writers who have tackled the subject of the state. In Criminology
different traditions have grown up which attribute varying attributes and motivations to the state.
In order to make progress, let us outline four basic and interrelated features of a state. First, the
state must have a working political organizational structure. In other words, it must have a set of
institutions which allow it to operate, such as the courts, a civil service and a police force.
Secondly, for a state to be a working entity it has to persist in time and space, i.e. it must control
a set territory and survive changes in its basic organization, as would be the case if an election
altered the government. Thirdly, it must be able to support a single political form of public order
and therefore it must have agency. It must be sovereign and be able to claim a monopoly of
political authority, law-making and power, and it must be autonomous. Fourthly, but closely
linked to the idea of the state as a single political form of public order, it must have the allegiance
of its members (citizens, subjects), who are subject to its laws and who have an obligation to
obey it. The political theorist John Charvet has noted that: ‘For Locke, as well as for Hobbes and
Rousseau, entry into political society from the state of nature is possible only if individuals
surrender their natural right of private judgment to the public judgment of the community or its
agent. The two most important features for criminologists are the first and third features. The
first feature, that the state is a particular form of political organization, is the dominant notion at
work in contemporary Criminology.
DEFINITIONS OF JURISPRUDENCE
Salmond- ‘State or political society is an association, of human beings established for the
attainment of certain ends by certain means’ ‘

Goodhart- “The purpose of state is to maintain peace and order within a particular society.
Therefore, the most essential purpose of state is to make life possible.”

Aristotle – ‘State is a union of families and villages having for its end, a perfect and self-
sufficing life, by which we mean happy and honourable life.

Woodrow Wilson- ‘state denotes a set of people organized for law within a definite territory’

Oppenheim- ‘a state comes into existence when people are settled in a country under their own
sovereign government’

Functions of the State:

The end of the State, we have seen, is to promote the welfare of its citizens as a whole, as
members of families, and as members social classes. Anyone who is inclined to doubt the
propriety of including the second and third of these clauses, will dismiss the inclination as soon
as he looks beneath formulas and fixes his attention upon realities. State exists and functions for
the sake of human beings. It attains this end primarily by safeguarding those interests that are
common to all the persons under its jurisdiction; for example, by resisting foreign invasion and
protecting life and property. If it stops at this point it will leave unprotected not only many
individual interests, but many elements of the common good, many aspects of the general
welfare. To neglect the integrity of the family or the prosperity of any considerable social class,
will sooner or later injure society as a whole. To take care of these interests is, indirectly at least,
to promote the common good. Nor is this all. Since individual welfare is the ultimate, though not
strictly the formal, object of the State, that object ought to be deliberately promoted by the State,
whenever it cannot be adequately furthered by any other agency. To deny this proposition is to
assume that men have been unable to achieve a political organization that is adequate to
safeguard their temporal welfare. However, it is neither desirable nor practicable for the State to
provide for every individual as such. It can promote individual welfare best by dealing with men
as groups, through their most important group relationships; therefore, as members of families,
and as members of social classes. When it provides for the needs that are common to members of
these two fundamental forms of association, it benefits most effectively the whole number of its
component individuals. What are the specific policies and measures by which the State can best
attain the objects described in the foregoing paragraphs? To answer this question will be to
describe the proper functions of the State. Among political writer a fairly frequent classification
of State functions is into necessary and optional or essential and non-essential. The former are
"such as all governments must perform in order to justify their existence. They include the
maintenance of industrial peace, order, and safety, the protection of persons and property, and the
preservation of external security. They are the original primary functions of the State, and all
States, however rudimentary and undeveloped, attempt to perform them." They may be
enumerated somewhat more specifically as military, financial, and civil. In the exercise of its
military function, the State defends itself and its people by force against foreign aggression, and
prevents and represses domestic disorder. The financial function of the State comprises the
collection and expenditure of funds for the maintenance and operation of government.
Regulations concerning individual rights, contracts, property, disputes, crime, and punishment,
constitute the State's civil function. The optional or unessential functions are calculated to
increase the general welfare, but they could conceivably be performed in some fashion by private
agencies. They comprise public works; public education; public charity; industrial regulations,
and health and safety regulations. Under the head of public works are comprised: Control of
coinage and currency in the conduct of banks; the postal service, telegraphs, telephone and
railroads; the maintenance of lighthouses, harbors, rivers, and roads; the conservation of natural
resources, such as forests and water power, and the ownership and operation of supply plants and
municipal utilities. Public education may include not only a system of schools, but museums,
libraries, art galleries, and scientific bureaus, such as those concerned with the weather and
agriculture. In the exercise of the function of public charity, the State establishes asylums,
hospitals, almshouses, corrective institutions, provides insurance against accidents, sickness, old
age and unemployment, and makes various provisions of material relief for persons in distress. In
the field of regulation, as distinguished from that of ownership, operation, or maintenance, the
State supervises public safety and industry. Regulations of the former kind relate to quarantine,
vaccination, and medical inspection of school children and of certain businesses and professions,
and protection of public morals in the matter of pictures, publications, theatres and dance halls.
Industrial regulation extends to banks, commerce, business combinations, and the relations
between employer and employee. The classification of State functions as necessary and optional
has the merit of presenting a comprehensive view of political experience. It enables us to see
how States have interpreted their scope, and distinguished between functions that are essential
and functions that are non-essential. While all fully developed States have regarded as essential
the functions which are so designated in the foregoing paragraphs, not all have agreed in
conceiving the so-called optional functions as of that character. Some of the optional functions
have been regarded by some States as primary and essential. And the number of optional
functions that have been undertaken varies greatly among the various States. The factor
determining the course of the States in this matter has been mainly, if not exclusively,
expediency. A somewhat analogous classification is used by many Catholic writers. While
conforming fully to political experience, it also based upon fundamental principles of ethics, and
it illustrates the principles of logic. It is thus stated in summary form by CathreinThe functions of
the State are First, to safeguard the juridical order, that is, to protect all rights, of individuals,
families, private associations, and the Church; second, to promote the general welfare by positive
means, with respect to all those goods that contribute to that end. Substantially the same
classification and principle is laid down by Meyer, Castelein, Croninand Lilly In a general way
the primary functions in this classification correspond to the necessary or essential functions in
the grouping made by the political writers. While the second group of functions denoted by the
Catholic writers resembles the second category of the political science manuals in a general way
as regards content, there is a considerable difference of principle. The secondary functions
described by the political writers are said to be optional, and their optional character is
determined mainly by the varying experience and practice of particular States; but the positive
promotion of general welfare is regarded by the Catholic writers as normal and necessary,
because required by the fundamental needs of human beings. According to the Catholic writers,
the difference between the primary and secondary functions of the State is not a difference of
kind but only of degree. As noted by Meyer, the primary functions are not sufficient. The State
must not only safeguard rights, but promote the general good by positive measures of
helpfulness.This is the general principle. In carrying it out, the State may properly undertake
some particular activities which are not obligatory, but only more or less expedient.

PRIMARY FUNCTIONS:

The concrete activities which fall under the primary functions of the State may be summarized as
follows. All natural rights must receive adequate protection. The State is obliged to safeguard the
individual's rights to life, liberty, property, livelihood, good name, and spiritual and moral
security. Whence it follows that laws must be enacted and enforced against all forms of physical
assault and arbitrary restraint; against theft, robbery, and every species of fraud and extortion;
against all apparently free contracts which deny the opportunity of pursuing a livelihood on
reasonable terms; against calumny and detraction; and against the spiritual and moral scandal
produced by false and immoral preaching, teaching, and publication. In the individualistic
theory, the first two classes of enactments are held to exhaust the functions of the State,
apparently on the assumption that they cover all the individual's rights. This is a grossly
inadequate conception. Reasonable opportunities of livelihood, reputation, spiritual and moral
security, are all among man's primary needs. Without them he cannot develop his personality to a
reasonable degree, nor live an adequate life. Therefore, they fall within the scope of his natural
rights. For natural rights include all these moral powers, opportunities and immunities which the
individual requires in order to attain the end of his nature, to live a reasonable life. Any arbitrary
or unreasonable interference with these is a violation of the rights of the individual. Hence the
unfair competition carried on by a monopoly, unreasonable boycotts, wage contracts for less than
the equivalent of a decent livelihood, untrue or otherwise unjustifiable statements derogatory to a
man's reputation, utterances and publications calculated to corrupt his religion or morals, -- are
all injurious to the individual, and are unreasonable interferences with the security and
development of his personality. All the foregoing rights should be safeguarded by the State, not
only as exercised by the individual, but also as involved in the reasonable scope of associations.
Hence the family, the Church and all legitimate private societies have a just claim to protection
by the State in the pursuit of all their proper ends. Men have a right to pursue their welfare not
only by individual effort but through mutual association. A corollary of State protection of rights
is State determination of rights. To a very great extent the reciprocal limits of individual rights
cannot be satisfactorily adjusted by the individuals themselves. This fact is most conspicuously
illustrated in connection with property rights, but it receives frequent exemplification in other
sections of the juridical province. While all the rights above described have a general claim
upon the State for protection, not all of them have an actual claim to adequate protection at any
given time. This is a question of prudence and expediency. What the State may normally be
expected to do, is one thing; what it is here and now able to do, is quite another thing; for
example, with regard to false religious teaching and scandalous moral teaching. Perhaps the most
comprehensive and practical principle that can be laid down is this: The State should not attempt
to protect any right beyond the point at which further efforts threaten to do more harm than good.

SECONDARY FUNCTIONS
These can be conveniently described by following the order outlined in the paragraph which
enumerated the so-called optional functions. In general, the secondary functions cover all
activities that cannot be adequately carried on by private effort, whether individual or corporate.
Public Works. Under this head are included all those industries and institutions which the State
not merely regulates, but owns and manages. The control of coinage and currency are
undoubtedly among the necessary functions of government. Almost equally necessary is the
government postal service. Telegraphs, telephones, railways, water supply and lighting may in a
sense are called optional functions, since the general welfare does not always require them to be
operated by the State. When public operation is clearly superior to private operation, all things
considered, the State undoubtedly neglects its duty of promoting the common welfare if it fails to
manage these utilities. It is a necessary part of the State's functions to provide such public
safeguards as fire departments, lighthouses, buoys, and beacons; to maintain such
instrumentalities of communication as roads, canals, bridges, and wharves; and to conserve such
natural resources as forests, water powers, and watersheds. None of these activities can be
satisfactorily performed by private enterprise.

CONCLUSION
In this assignment I Would like Conclude that a state single entity which has the autonomous
powers to run it self and its has duty towards it citizens these all acts conclude with that state is
very important part of the universal strucrure.

BIBLOGRAPHY:
BOOKS
Nomita Agrawal 2023
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