Characteristics of the State

Abstract

The paper aims at identifying the constitutive elements of a State by giving account of the different natures and existing categories of legal systems, taking into consideration the most relevant theories elaborated throughout the most recent centuries. Afterwards, a comparison between norms having legal nature and non-legal norms is provided, with particular focus on the different effects and sources. Then, a brief overview of the historical development of the State from its most ancient examples in classical civilizations to the modern post-Westphalian State is offered. Before going through the elements commonly understood to recognize the existence of a State, the paper specifies why principles are of particular significance in comparison to other norms in a legal system. Finally, the work offers multiple views on how to identify a people and its distinghuishing features, how citizenship is commonly understood and works in modern States and what is generally considered as belonging to the territory of a State.

Keywords: Legal system, Legal norms, State elements, peoples, citizenship, territory