Above we discussed separately each of the three main forms in which the state was built up on the ruins of the gentile constitution. Athens represented the purest, most classical form. Here the state sprang directly and mainly out of the class antagonisms that developed within gentile society. In Rome gentile society became an exclusive aristocracy amidst a numerous plebs, standing outside of it, having no rights but only duties. The victory of the plebs burst the old gentile constitution asunder and erected on its ruins the state, in which both the gentile aristocracy and the plebs were soon wholly absorbed. Finally, among the German vanquishers of the Roman Empire, the state sprang up as a direct result of the conquest of large foreign territories, which the gentile constitution had no means of ruling. As this conquest did not necessitate either a serious struggle with the old population or a more advanced division of labour, and as conquered and conquerors were almost at the same stage of economic development and thus the economic basis of society remained the same as before, therefore, the gentile constitution could continue for many centuries in a changed, territorial form, in the shape of a Mark constitution, and even rejuvenate itself for a time in enfeebled form in the noble and patrician families of later years, and even in peasant families, as in Dithmarschen.
The state is, therefore, by no means a power forced on society from without; just as little is it “the reality of the ethical idea,” “the image and reality of reason,” as Hegel maintains (Grunlinken der Philosophie des Rechts, § 257 and § 360). Rather, it is a product of society at a certain stage of development; it is the admission that this society has become entangled in an insoluble contradiction with itself, that it has split into irreconcilable antagonisms which it is powerless to dispel. But in order that these antagonisms and classes with conflicting economic interests might not consume themselves and society in fruitless struggle, it became necessary to have a power seemingly standing above society that would alleviate the conflict, and keep it within the bounds of “order” ; and this power, arisen out of society but placing itself above it, and alienating itself more and more from it, is the state.
As distinct from the old gentile order, the state, first, divides its subjects according to territory. As we have seen, the old gentile associations, built upon and held together by ties of blood, became inadequate, largely because they presupposed that the members were bound to a given territory, a bond which had long ceased to exist. The territory remained, but the people had become mobile. Hence, division according to territory was taken as the point of departure, and citizens were allowed to exercise their public rights and duties wherever they settled, irrespective of gens and tribe. This organisation of citizens according to locality is a feature common to all states. That is why it seems natural to us; but we have seen what long and arduous struggles were needed before it could replace, in Athens and Rome, the old organisation according to gentes.