
Why Laws Are Created
May 25, 2025
Power
May 25, 2025What and Who is the State?
The State is more than just a government — it is the system of institutions, laws, and people that hold the authority to govern a country or territory. It exists to maintain order, enforce laws, provide public services, and protect its citizens.
What is the State?
At its core, the state is a political and legal organisation with the power to create and enforce laws within a defined geographical area. It is recognised both internally (by its citizens) and externally (by other states and international bodies).
The state has several key features:
Territory – A defined area of land where it has authority.
Population – The people who live under its rule.
Government – The ruling body that makes and enforces decisions.
Sovereignty – The ultimate power to govern without outside interference.
Legal System – The framework of rules that regulates behaviour and ensures justice.
Who Makes Up the State?
The state is made up of multiple institutions and actors, working together:
Government Officials – Politicians, ministers, and civil servants who create and implement policies.
Parliament and Legislators – Elected representatives who debate and pass laws.
Judiciary – Judges and courts who interpret and apply the law fairly and independently.
Law Enforcement – Police and security services who uphold laws and maintain public order.
Public Services – Teachers, healthcare workers, social workers, and others who provide state-funded services.
Bureaucracy – Administrative departments that manage state operations and resources.
Together, these groups form the machinery of the state, acting in the name of the public and (in theory) for the public good.
The State and Power
The state has a monopoly on the legitimate use of force — meaning it is the only body allowed to use or authorise physical force, such as through the police or military, to maintain law and order. This power must be balanced with accountability, transparency, and democratic control to avoid abuse.
Different Views of the State
Scholars, activists, and philosophers have debated the role of the state for centuries:
Liberal View: The state protects individual freedom and promotes justice and equality.
Marxist View: The state serves the interests of the powerful (often the ruling or capitalist class).
Anarchist View: The state is inherently oppressive and should be abolished or radically transformed.
The state is not a single person or institution. It is a complex system that exists to organise society, enforce collective rules, and provide stability. Who controls the state — and whose interests it serves — is an ongoing political and social question that varies across countries and historical moments.
Do Citizens Have to Obey the Law?
Yes — in every society governed by the rule of law, citizens are expected to obey the laws created by the state. This is part of the social contract: in exchange for protection, order, and public services, people agree to follow the rules set by the state.
Laws apply to everyone equally, regardless of their status, background, or beliefs. Obeying the law allows society to function smoothly and helps ensure that everyone’s rights and freedoms are respected.
What If a Citizen Breaks the Law?
When someone breaks the law — known as committing an offence or a crime — there are legal consequences. These vary depending on the type and seriousness of the offence:
Minor offences (e.g., speeding, littering) might result in a fine or warning.
Serious offences (e.g., theft, assault, fraud) may lead to arrest, trial, and punishment such as prison, community service, or probation.
The aim of punishment is not just to penalise but also to:
Deter others from breaking the law,
Rehabilitate the offender, and
Protect the public from further harm.
However, punishment must always be fair, proportionate, and carried out through a legal process that respects human rights.
What If the State Gets It Wrong?
The state is made up of human systems, and it is not perfect. Sometimes the state makes mistakes, or worse, causes harm — intentionally or through neglect. This might include:
Wrongful imprisonment
Police brutality or abuse of power
Unfair laws that discriminate
Neglect of vulnerable populations (e.g., poor housing, unsafe conditions)
Failure to protect human rights
In democratic societies, there are mechanisms in place to hold the state accountable, such as:
Judicial reviews – Citizens can challenge the law or government actions in court.
Independent inquiries and watchdogs – Investigate misconduct by state institutions.
Free press and media – Expose state wrongdoing and demand transparency.
Elections and political activism – Allow citizens to vote out or protest against unjust leaders or policies.
Compensation and apologies – In some cases, the state may offer legal redress to victims of state harm.
State Harm: When the State Becomes the Offender
This is a deeper issue studied in criminology and sociology. When the state — which is meant to protect — becomes the source of harm, it’s called state crime or state harm. These harms are often invisible, under-reported, or denied, especially when powerful interests are involved.
Examples include:
Racial discrimination in policing
Cover-ups of abuse in state institutions (e.g., prisons, care homes)
Unjust wars or policies that harm entire communities
Corporate collusion (e.g., blacklisting, environmental damage ignored by regulators)
In these cases, justice becomes complicated. Victims may struggle to get accountability because the same system that caused harm is the one expected to deliver justice.
Citizens have a duty to obey the law — but the state has a greater duty to ensure that those laws are fair, just, and protective. When the state causes harm, it betrays the trust of its people. True justice means not only punishing individual lawbreakers but also holding the state itself accountable when it fails to live up to its responsibility