Abstract
This chapter examines the nature, structure, and functions of power and the state through a legal lens, situating them within the broader framework of societal organization and legal theory. The chapter opens by exploring various types of power in society—political, economic, religious, charismatic, legal, and introduces distinctions such as legal versus legitimate power and formal versus shadow power. It then turns to the state as the central wielder of public power, defining its unique features including sovereignty, universality, legislative monopoly, and its public and institutional character. The state is analyzed as both a political and legal organization, with emphasis on its role in upholding the rule of law, advancing public welfare, and mediating collective interests. The chapter provides a detailed overview of historical and contemporary theories of state formation, including classical Greek thought, Hegelian idealism, Marxist materialism, the civilizational approach, and the libertarian model. It presents various typologies of state such as ethnic, class-based, individual-political, and natural-positive, and outlines forms of governance (monarchy, republic), territorial structure (unitary, federal, confederal), and political regimes (liberal, authoritarian). The functions of the state are categorized as law-making, law-implementing, human rights protection, and external (international) functions, reinforcing the legal and moral obligations of statehood. Finally, the chapter addresses the structure and functioning of the state mechanism, highlighting its legal framework, challenges in post-Soviet contexts, and key strategies for reforming bureaucratic inefficiencies to build a rule-of-law-based, people-centered state.