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Title: Political Theory
Description: In reading the works of major political philosophers, such as Locke, Plato, Aristotle... bigger thematic questions were at issue: what is justice? Limits of Government? Source of Rights - natural or we created them? Does the best leader change us or leave us to our own devices? Professor Rozinski, Touro College
Description: In reading the works of major political philosophers, such as Locke, Plato, Aristotle... bigger thematic questions were at issue: what is justice? Limits of Government? Source of Rights - natural or we created them? Does the best leader change us or leave us to our own devices? Professor Rozinski, Touro College
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POL 201 N
1
POLITICAL THEORY
Touro College
POL 201 N
Professor Rozinski
09
...
2012
Tears for Fears, “Everybody wants to rule the world” (1985)
• We establish through the course of lines, things that are standard for judging
• When we grow up and make decisions for ourselves, in a sense we are really ruling the
world
...
We have the ability to decide
for ourselves what is right and wat we should do
...
• Every day we make choices about things
...
• In a free thinking society, it’s inevitable
...
Rules we are looking at :
• Governing a political community
• We all have to figure out a way of living together and getting along with others without
killing each other and be able to achieve our various objectives
• We are looking at rules that 10 of most famous writers in history have come up with
• At same time, we can’t avoid subjecting their rules to our rules
...
• Second stanza: much of our lives is regulated by rules (made by others)
o What matters to us is less the things we have to do than the things we choose to
do something
...
o It’s when we make choices in society that we worry because that’s really wen we
express our freedom
...
POL 201 N
•
•
2
Stanza 3: why do people want a room where nobody can find you? You can do whatever
you want
...
Anonymity
...
I
...
people do this on the
Internet, by making a pseudonyms or screen name
...
It’s a modern conception of how we think about
our lives
...
We want to figure things out on our own before the walls are down and we
are exposed
...
“Some men se things as they are and ask ‘why?’ others dream things that never were, and ask
‘why not?’” – Kennedy
• Explains this course exactly
...
• These people’s names aren’t simply nouns, but also adjectives “Platonic Garden”
“Machiavelli Leader” “Marxist __ (anything!)”
• Songs create images that help us understand concepts
...
This is why politicians
seek to create an emotional tie of love
• Can’t love be fickle? People control their love
...
Some people fall in love with a particular way of
understanding how politics works
...
Republicans say that is not the role of
government, it’s the role of the individual
POL 201 N
•
•
•
3
What are the limits of Government? Can the Government spy on us, see everything we
do? They can develop any pattern on any individual
...
Obama can get more votes of the people
...
09
...
2012
Plato’s Republic, Book I
• People of Athens but S on trial, convicting him of corrupting youth of Athens and he was
sentence to drink cup of Hemolock – poison
• Book 1 is Plato’s attempt to recreate famous discussions that S had
...
• Characters are imp for ideas, most of what you need to do know of p’s ideas are from
book 2
(C)ephalus (pronounced Kefalis) – very wealthy, at (P)olemarchus house, and P’s dad
...
S begins with a principle argument: what if your friend lends you arms when he is in your right
mind, and tries to get back his arms when he is not in his right mind when asks for it back
...
There is a
standard of justice for S which is outside the notion of keeping to agreements
...
There is something higher than honesty
...
Justice is not simply determined by our own personal choices
...
POL 201 N
4
P doesn’t want to base justice just on an agreement made, it is also that you ought to do good
to friends, and evil to enemies
...
S defines friend: someone who seems good to you
...
S gives P the unrealistic assumption that you do always know if someone is good or bad
...
But S says if you’re doing just to your
enemies, because it will make them a better person
...
You’re moving them over toward the side of a friend (just) simply by
doing good to them
...
− Will you ever make them better if you act unjustly toward them? Yes
...
− Socrates isn’t talking about punishing someone who deserves punishment
...
But he’s talking about the injuring – in the
punishment when it is NOT necessary, and NOT just, i
...
whipping for NO reason, THAT
will never make the unjust person better
...
− P says you should treat him unjustly, give him evil
...
Act unjustly toward those
who are unjust
...
How you treat someone depends upon
how you classify them
...
Not people who do good or bad
...
− S says Justice is not so subjective
...
Being subjective
would be based on personal relations, which P believes
...
− S says what justice isn’t: acting unjustly toward enemies
...
(example of
deductive reasoning)
...
If you hurt someone you
are taking away from his or her perfection
...
You don’t treat somebody differently because of how you
feel about someone
...
e
...
But it is unjust
to treat them unjustly
...
Ex ante -‐ before (i
...
Lichatchila)
Ex post (facto) -‐ after the fact (Bidieved
02
...
2012
POL 201 N
5
(T)hrasymachus – it’s better to be unjust than just, because unjust people take what they want
and just people end up worse off
...
It’s more productive for you
...
You’re better off cheating than following the rules
• What he says about politics: unjust person can get away with more money because they
steal
• The most successful at doing what they want – those are those who are honored
...
e
...
• T’s idea of just might work if the ruler knows what is best for subjects
...
So this is the dilemma T gets caught in
...
His role is to help his subjects…
ruler/doctor/horseman get rewarded: with the art of pay
...
S is talking about professionalism; your primary interest is that
of the subjects
...
If there’s no pay, and his benefit is from rule – people are spared
...
The interests of the subjects are more protected this way
...
Basic idea: power you gain through injustice is
illusory and limited in time, because ultimately it will lead to your undoing
...
Don’t be bound by any existing laws or moral
codes if that impairs you from getting what you want
...
Ur injustice will act against you:
1
...
We are unique; we try to perfect our capacities
...
Acting unjustly will cloud our judgment and we won’t necessarily be happy because
we don’t understand justice
...
− S: people who act unjustly will be unhappy
...
S
agrees with T in the short run you can gain power, but it won’t last long
...
But once you get to the top, the only way to
stay there is to be just because if you’re unjust up there you’ll just go down
...
S
2
...
T
4
...
Are we meant to be kind -‐ S
6
...
T
8
...
S
10
...
SRather than make religious argument, he’s saying it’s for your own best interest to
care a bout others, irrespective of whether the gods think it’s best to care about others
...
− S & T are talking about means, not ends
Book II
Plato here is putting his ideas into Socrates’ characters
...
S
is useful for the refutation part
...
The rest of it is Plato making things up for
dramatic purposes
Glaucon & Adiemantus = two sons of Ariston – Socrates’ brother
...
Pleasures, enjoyments, delights = useful in themselves
b
...
Aren’t useful as ends, only useful as means to other goods – i
...
taking care of
sick people, gymnastics=exercising
− S puts justice is the middle category, but G most people would put it in the last category
...
He is comparing two different things
− Problem with this trichotomy – first and last categories don’t really exist
...
POL 201 N
7
− It doesn’t really matter what the spectrum looks like because essentially what he is
saying : justice is only useful is only as a means to an end, and he wants S to explain why
justice is meaningful in itself as opposed to accomplishing anything else
...
09
...
2012
G says injustice is more valuable than justice
...
He is saying: there is nothing inherently valuable in justice
...
As long as you’re seen as acting justly, you’ll have a
better reputation
...
• They challenge S to this: he contrasts:
o Unjust who appear just
o Just who appear unjust
• When you conduct an experiment, you have a control and variable
...
But G gives the wrong variables – you still can’t find the cause if you give two
extreme opposites
...
How can you really show what the advantage is – justice or unjust
...
It’s how you know that there’s no consequences of your bad
actions
...
Problem G & A have: same
problem all criminals have
...
Their
argument; people prefer order
...
• Chaos is by far a worse alternative, everybody wants order
...
If there is a few,
• He is creating an argument, many people believe: while you usually obey law, if you can
break law and benefit from it and get away with it, you should do it
...
POL 201 N
•
•
Obedience to law is not enough if law is unjust
...
(Back in South in 1950s when restaurants were for whites only)
o But now, most people think “is it in my best interest to do this?”
S’s notion of objectivity vs
...
Takes this on:
o Individuals don’t know their own interests
§ So you cant apply your subjective view to law and end up better off
o Better to take objective into account rather than doing what seems best for
individual self
...
− S begins with image of simple state
...
In a sense you might say it’s a form of utopia – an ideal community
...
− Once you’ve reached perfection, there’s no need to change it
...
What is fulfilling about that? Maybe it’s fun
for a while, but imagine if that is what you did every day for the rest of your life, you
wouldn’t feel challenged, we wouldn’t feel satisfied
...
They don’t need
anything more than the basics
...
− He’s saying the basic life vs luxurious life
...
Our
lives are filled with the pursuit of luxury
...
We are inevitably going to get involved in war
...
− We have a desire for acquisition, which comes with desire for luxury
...
This leads to conflict involving scarce resources
...
Wars
are motivated by conquest
...
Empirically,
this is true
− Only way you can have great wealth is through conquest of others
...
The countries that are wealthiest have been seen as conquerors
...
In order to build this state, you need to have a notion of controlling
people’s minds
...
− Nature decides your life, and there’s no arguing with that
...
− Everybody must learn this lesson: nature endowed you with soul of particular character,
that determines what life chances you’re going to have
...
He is trying to get us away from our idea that we should
pursue our subject of interest
...
− Point of Noble Lie – people need to buy into the idea that their capaicites are limited by
nature
...
Only way to do this is creating fiction story
...
Courage
a
...
i
...
: example of dye
...
If their children disregard their
values, it’s almost as if the dye didn’t take, or took imperfectly
...
Class of silver
d
...
It’s salvation, because it’s saving your values by not disregarding your values
f
...
It’s sticking with values you
have learned
2
...
Limited to small group of people who control state
3
...
Self control
b
...
“we all need to know
when is enough enough
...
We might enjoy eating/drinking/exercising
...
POL 201 N
10
d
...
At what
point do you start or stop
...
Everything we do is an aspect of self control
4
...
We have been searching for it in the woods, but really it is right with us
b
...
i
...
It’s doing what you’re supposed to be doing
...
To large extent, justice is doing what you are supposed to be doing
...
What is your life directed towards, what is your own responsibility
...
He is trying to show: people have diff places in society
...
so justice means accepting your role
in the state and not thinking “i know more than guardians I’ll make decisions for
them
...
Here, the minority makes decisions, not majority
...
24
...
So one
of the guys gets up and sings this song
− Q -‐ why is this song the essence of Plato’s Republic, and where are the four virtues in
this song?
− He says “you shouldn’t gamble
...
He’s challenging the wisdom of the group
− “Salvation Army” = Plato’s though of salvation as conservation of values
...
People on boat say, “you can’t let yourself do these
things
...
Guy on boat is not
fulfilling his role – being one person just rowing, but he wants to challenge it
...
Don’t presume you have better ideas
...
Just because you have a great idea,
doesn’t mean others haven’t had it before
...
− Plato is about Objective Justice
Book V
POL 201 N
11
− Analogy of dogs and humans-‐ we look at dogs and don’t say “oh you’re a female dog so
you won’t go and hunt” we don’t look at its gender
...
If
functions are equal, role should be equal
− Role of Women: same as men, just up to our capacity
− He is doing this that is Heretical
...
e
...
− Greek belief that women should be excluded from political leadership is wrong
...
o History is based on choice
o Nature is based on necessity
− Idea that it’s unnatural for women to rule has nothing to do with nature, it has to do
with prejudice
...
Historically,
women were excluded from politics because it was a choice
...
− Plato rejects history as a basis
...
let’s think about an
ideal state/ideal political community and we need to do away with this idea
...
It comes down to = can they meet
qualifications
− Other important role of women:
Procreation
− Guardians decide on the basis of breeding – if you want to breed guardians, find the
smartest people and have them create a child
...
− There are experts who raise the children – tell the right stories, teach that everybody in
society is their brother and sister – idea of adopted children who are accepted as if
− It’s not natural for us to raise children this way
...
The ideal way for us is to have procreation from best with best
− If you have unplanned children – retroactive abortion (China does this as well)
− Marriage is not something he includes in his society
− He recognizes some form of genetics – when you breed, you breed a certain type
...
The stupid ones can have
sex but should abort
...
Have more wise children, fewer inferior children
...
Less wise children cannot have children/have to abort their children
...
− Idea of giving preference to family members is a bad idea
...
− Communal child rearing – idea of Kibbutz, and communism
− Goal: to build perfect society: to have as many good people as possible
...
Very little
privacy but maximal opportunity to share as much as we can
...
− Unity is what matters: this is how you create unity
Book VII – Allegory Of The Cave
Four Levels of Knowledge:
1
...
a
...
Realm of Belief: You’re then loosened from your chains, so you go from realm of
images/shadows to belief
a
...
Discussing what you see with others
3
...
Solitary – you have to adjust to light yourself
b
...
Science/dialectic
a
...
15
...
– Idea of Africa and Kony
...
e
...
Guardians need to control education from when they’re
young
...
− He’s trying to say it’s going to be difficult to reach this – he says that to protect himself
from criticizing him
...
− Plato is trying to create society of people who are perfectly malleable
Five stages of development
− Plato thinks guardians wouldn’t be satisfied with just being guardians, they want
privileges
...
You only have honor because the government gives
it to you
...
They demand things for themselves
...
They work hard to make money
...
They don’t feel like working hard, they want to be free
...
We are all distracted by our desires, this is what is bad
...
But if you don’t know, you’re
constantly torn between different areas
...
This is his refutation of Glaucon
− Problem with democracy – everyone is is pushing the middle class which is the
entrepreneurs, the gov is the drones – they are the suckers of ‘blood’ and the workers
also want more, so everyone is squeezing the middle, so the entrepreneurs feel
squeezed
...
Characterized by
someone who comes in and says he has a vision, he wants to run things
...
Analogy to Hitler works
...
Gets rid
of the smart people (like he got rid of Jews)
− Plato predicts the path of power
...
That’s the ultimate form of degradation in politics
− Honor – wealth – democracy – tyranny
− Similar to France in late 18th Century, under leadership of Louis kings, we had
timocracy, then when the middle class gained more power, demanded a share instate,
they demanded a plutocracy, but it wasn’t enough, so they overthrew the
constitutional monarchy and so they created government based upon political
correctness and factions that fought for power, and it was rescued by a tyrant
Napoleon
...
He believed people
needed 1 clear set, and you had to eradicate the others
...
− Plato wanted to replace idea of human choice to submission to necessity, idea of : stop
rocking the boat, sit down
...
− Problem: he didn’t recognize that in fact people like having choices
...
Our society makes
allowances that there are conflicting obligations
...
People like different obligations and responsibilities
...
e
...
Idea of dorming
...
o Generals: they have wisdom
...
Goes on at service academies
...
They have commitment
to army values
...
They are characterized by temperance
...
They
recognize they can’t rock the boat; they’ll be dishonorably discharged
...
You do what matters to the whole
...
But for most people, this isn’t
their entire life
...
o Criticize of Plato – it’s so single mindedly focused
...
everything is subordinated
...
17
...
1
...
If everyone
is the same, everything is stagnant
...
If nothing
changes, nothing gets better
2
...
I
...
: cleaning up a lunchroom
...
If everybody owns it,
it’s nobody’s
...
When people share things, there is more quarrelling, because shared ownership
destroys privacy
4
...
5
...
− We reach our highest degree of fulfillment not as an individual/family/village, but as
part of a state or political community
...
What differentiates the state and family is lack of
consanguinity
...
But we need to
learn how to care about those who are not blood related to them… Aristotle says that
rather than throw out the most powerful tie = family, why don’t we expand that and get
the best of both
...
Aristotle says “Wait, the
most important thing is to care about others
...
” You do
that through the practice of creating a political organization
...
− Aristotle is very inclusive, Plato is exclusive
...
Plato only cares about the best
...
(page 75) there are some people who simply can’t live on their own, and
because they are a slave by nature, should be your slave and you take them into your
hands and care for them while they’re your slave
...
Book III
− How does the polis make people better?
− People can live together for many reasons, but that doesn’t make a state
...
− Defense and exchange don’t make a state
...
Question #3 – difference between good and bad constitutions, and what the six forms of
government are
...
Their role:
− power of electing officials
− They’re mixed together because they’re good judges, if they are a whole everyone
together will get it
...
− They serve as jurors
− They call magistrates to account
10
...
2012
Why is Aristotle so enamored with middle class?
− They don’t have the problems of the rich and poor classes
...
− (page 88) rich like to rule, but they don’t like being ruled
...
− The middle class isn’t like that:
Middle class is defined by:
1
...
Being able to rule
− unlike the other two groups
Who is middle class according to Aristotle?
− They are the only ones who are economically independent
...
o Rich have money but don’t want to work – so they need workers of
poor/middle classes
o Poor need money of middle and rich classes
− Aristotle is middle class because he’s an entrepreneur, he is actively involved in
working: he has a school
...
Masses must:
− Criticize government
− Jury
POL 201 N
17
− Collect tax?
If middle class is large, it will lead to factions = you’re more focused on your selfish interests
than you are on the good of the good of your community
...
− Entrepreneurial class is more concerned about the welfare of society, because they sell
to everybody; their market is to everybody
...
Poor just want money, rich just wants to keep what they have
...
− That’s another reason he’s so enamored with middle class; their interests are aligned
with the people
− Focus of political theorists: who cares most about people? If rulers’ interest is to be
good to community, country will do well
...
Things that protect government against threats:
1
...
If
you want an oligarchy, teach them with that
...
If you grow up
in a monarchy, your duty is to obey, and you’re taught why it’s important to
listen to the ruler
...
(page 90) breaking the law in small ways is worse than breaking the law in major
ways because you don’t realize it’s negatively affecting something when you
break it small
...
If people don’t have respect for small things, how can you expect them to
respect big things? Enforce all laws equally
3
...
(pg 91): “invent terrors and bring distant dangers near” after 9/11, patriotism
was high
...
So they need promote the people’s
dependence on government for security
...
–
you’re making people respect the government
5
...
Similarly, if there’s inflation which is also bad
...
He’s essentially talking about:
“updating laws to reflect economic conditions” if you’re not good at changing
things to reflect what’s going on, you’re going to go through a crises
...
Disperse rather than concentrate honors
...
(pg 92): separation of powers: checks and balances so they can check each other
...
POL 201 N
18
8
...
Establish laws to prevent official corruption
...
He is giving advice to everybody; for whatever type of government you have this is a handbook
...
The more restricted the functions of kings, the more people will
respect them
Monarchs gain power: (94) if nobles believe that somehow other nobles are conspiring against
them, they’ll choose king to help them
...
Balance and moderation make good government
Today we don’t have much balance and moderation
...
Aristotle would say government is the art of compromise
2 methods of Tyranny:
Bad guy: brute force approach
1
...
Discourage popular unity
a
...
Raise taxes, create war
4
...
Act like a king
2
...
Put on a
veneer)
3
...
Promote dignity and religion
5
...
Bad one is sincere, good one is
insincere/manipulative/spinning things
...
Plato:
1
...
Plato wanted to remake humanity, wanted to throw out our natural inclinations
...
That’s why
they don’t say there’s one perfect republic
POL 201 N
19
2
...
By Plato – all political issues were resolved from above, authority
3
...
Things were constantly evolving
a
...
You get to republic and then you stop
4
...
More is not better, sometimes less is more
...
Good king doesn’t want to exercise full power, he wants to limit
himself and create rights so people aren’t scared of threats
...
Plato: self control:
Two thousand years in between Aristotle and Machiavelli
...
Empires were based on idea of subjection to rule
...
It became more about structure, less about people
...
They then looked at things such as liquor, sport, religion
...
People found their fulfillment in non-‐government
activities
...
Up until then, public administration was done by novices
...
Greatest political theorist: Polybius
...
Don’t ever throw something out to become new
...
Many
manuscripts were lost
...
You need
to leave political behavior and go to religious leaders
...
Whoever fails to do so is a bad ruler
...
POL 201 N
20
Augustine’s principal contribution: idea of history
...
But
Augustine believed in the idea of progress, we’re ultimately getting better and learning more
...
Instead of history being a cycle, it was progress
...
Ban on clerical marriage was created to prevent people’s estates from leaving the church,
because under law at the time you could not change inherits
...
That’s how they came up the idea of celibacy
...
They kept their land together
...
What brought this all to an end: the Reformation
...
In reformation was questioning called the “divine right to rule” most leaders then claimed to
have the right to rule from god’s anointment, but people questioned god, so why do they have
listen to the rules, so why listen to the ruler?
10
...
12
− First two writers were academics –Plato and Aristotle – equivalent of professors in
ancient Greeks
− Machiavelli was actually involved in politics as well as in writing about it
...
Machiavelli says it’s better to write
about the real truth than the imagination of it
...
He’s writing about what people actually do, vs Plato who deals
with things that are unrealistic
...
− Machiavelli is saying your perspective on politics should be that you can’t think of
perfection when you’re thinking about politics
...
You have to
learn not to act virtuously
...
Sometimes you have to un-‐learn what society
wants you to do/what they say is what you’re supposed to do
...
Whatever works for your interests
POL 201 N
21
− Plato’s position: you don’t determine your own interests because you don’t understand
it
...
Essentially
this is what Glaucon is saying
...
Lion can use brute force and the fox can use tricks,
you need both
...
You also have to be clever
...
Principality – one controls
2
...
Collapses Aristotle’s idea of government of few and many
− Aristotle’s interest of government’s interests or people’s interest: Machiavelli does not
address this
...
They just are, he doesn’t distinguish what’s
good and bad
...
He doesn’t say there’s a form of government better than
another
...
His handbook does not presume to
impose values on the world
...
because P and A does address values to place
...
He allows reader to make his/her own choices
...
(1)Hereditary
2
...
(2) States can elect him: popular choice
2
...
(4) Alliance with nobles
i
...
How to Maintain Power in New Principality:
1
...
Benefit: you’ll take care of problem quickly
b
...
Establish colony – ordinary citizens living in your place, settling
...
Colonists try to
get along with the natives – incentive for harmony
a
...
Disadvantage: you’re not in charge, you’re giving it to others basically
3
...
Don’t care to get along with the natives
...
No
incentive for harmony
...
a
...
Disadvantage: spend a lot of money, as useless as the colony is useful
...
Best: colonies, they’re a medium between having your own country but you have people living
there for you
...
ruin: destroy, dismantle
...
Reside: make sure their old leader is gone, you’ve taken charge
...
Tribute: you’re saying give me money every year don’t be my opponent
...
They let the people run things but they have to abide by rules set by
new leader
Point: they’re essentially your tribute
...
USA has used last strategy
with territories: Puerto Rico, Cuba, Hawaii, Philippians
...
Philippians: we caught it
for 50 years but in 1948 we gave them their independence
...
Most
people don’t want to rule
...
He adds in that you should make sure they do need
you because if you’re not needed you won’t be their leader
...
− Must maintain power through: love, fear, hatred:
o Better to be both feared and loved, but impossible so better to be feared over
loved
...
You
don’t rely on them
o Problem with hatred: they’ll rebel if they don’t like you
...
Hatred you’re not
...
“ I don’t care if I’m going to die, I hate the prince so much I’ll rebel and get killed”
o Fear is rational, you don’t do something because you don’t want to be killed
...
Hatred is ridiculous and irrational
...
Prince can’t control that
...
The only thing prince can control is
fear
...
o So strongest element of control comes through fear
...
− Try to manipulate your relationship with them
− Take back balance of power, through close alliance with the people
...
Align with
one group that has power to check with the others
...
11
...
12
Plato & Machiavelli
− Plato: mattered was the polis/political community
...
So too with Plato – leaders
were important
− Machiavelli: when injuries had to be inflicted they should all be done at one time
...
Because the taste of injuries will fade over
time
...
do not
let the problem fester, deal with them right away because otherwise they will get
worse
...
Machiavelli & Aristotle
− Also shared with Aristotle – importance of history, because it was based on fundamental
importance
...
− Machiavelli never talks about what he did in the Prince
...
Two things Machiavelli talks about that Plato and Aristotle don’t address as principle factors
that ruler had to take into account
1
...
Why? you have to take advantage of
fortune, it’s an opportunity
...
Essentially the comparison to women is: if
there’s an opportunity – don’t wait around to meet the woman, take advantage and be
aggressive with fortune
...
Religion – it isn’t seen as very important with Plato and Aristotle
...
But Machiavelli lived in very catholic area of the world
...
Classic example is Bill
Clinton
...
He wasn’t religious
before he became president
...
Indians were poor tribe, and throughout American history
had been shuttled from place to place, kicked out of Georgia, sent to Indian territory,
Cherokees is what they’re called, finally sent to Oklahoma
...
They have tremendous investments in all parts of the economy
...
Advice Machiavelli gave here:
1
...
Pay tribute -‐ American's didn’t
3
...
There are 5 principals Machiavelli had that modern leaders have adapted:
1
...
People sent to Guantanamo, who were mostly sent back home
...
Osama Bin Ladin – we didn’t give him a trial, we just killed him
...
Primacy of National Security
a
...
Involve ordinary people in punishing evil-‐doers
a
...
When Obama was talking about putting on trial the legend mastermind of world
trade center bombers, he said “when the jury decides he’s guilty we will punish
him appropriately” the more the government makes someone to
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...
Do something right away even if it’s wrong
b
...
5
...
Last two pages: Machiavelli uses his own techniques to try to get Lurenza Dimedichi to get a
job
...
A
...
Stay loyal, and get people to remain loyal to you
C
...
Seize your opportunities
...
(118) where there are well arms they have good law
...
In other words, the ends justifies the
means
...
If you have the power to do something, go do it
...
In his own letter to Lorenzo, he uses the same strategies
and techniques
...
Aristotle didn’t
say the best way
...
In order to understand Hobbes, song of 1972 explains
...
Several protestors crossed police lines and went off road
...
Protest came about because of religious conflicts, which religion should be favored
...
They couldn’t vote, etc
...
In middle of 17th Century England, big civil war because
the Catholics and protestants and where the Catholics under Oliver Cromwell went to war,
ruled under dictatorship and then a new king came in and restored British monarchy in 1660
...
It’s like post American invasion in Iraq
...
He was a tutor at Oxford
University, his most important book “Leviathan”
Hobbes
Leviathan is the artificial person created, who is analogized to the state
He analogizes different parts of your body to different ranks of office
Difference is: immortality and mortality
...
There are no limits
...
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− Nosce Teipsum = read thyself
...
We all have similar
traits, motivations, characteristics
...
A
...
It’s not about what you do now, it’s
about what you can do in the future
...
Power is always related to what you choose, but not what is necessarily good for you
...
Hurricanes, etc
...
We are future oriented people – the
present is simply not enough
...
The control
of the future is what leads man into conflict
...
− Up until now, nobody believed people are all equal
...
(127-‐131) nature made men equal
...
Nature just did this
...
Proof of mental equality:
every man thinks he’s the smartest, they overvalue their worth
...
− Why do they fight?
1
...
diffidence – safety
3
...
With it, there’s war
...
There’s no inherent reason for why someone is inferior than
anyone else
...
No
one is so strong that they are immune to being killed by any other human being
...
There’s always some weakness
...
11
...
2012
people are equal because of their ability to kill one another
...
i
...
: judges are overvalued in times of peace and undervalued in times of war
...
Hobbes says objectively, everyone is relatively equal
...
We
have a belief that are people are equal, it’s a matter of faith
...
Potential, for Hobbes, is related to power
...
The question is, did he chose the right thing to base that point on: our ability to kill
...
Theory of rights: everyone has right to everything in nature
...
You wont be harmed because you’ll be in the same position as them
...
The only right you can never give up
is the right to preserve yourself
...
”
State of Nature:
Page 129: key concept > if each person only stands for himself, it won’t last very long
...
You can’t plan in nature because you don’t know
...
Time is the key concept
...
State of nature – life without a government, is the absence of time, no planning, no certainty
...
Justice & Injustice do not exist in the state of nature, because you need laws
...
The people create a political unit, or Commonwealth = group of people
...
Difference between American people and American
government
...
By
the plurality of voices
...
Their second decision is
they create a leader
...
They agree not to get rid of him (page 140-‐141) they committed to him
...
This is a donation of power to sovereign
...
Reason we can’t hold him
accountable because (141)
Sovereign cannot be obligated to people
...
(This happened in England in 1669
...
Preserve your life, seek peace
2
...
Therefore, you must obey the sovereign
Powers of the Ruler: this list is identical to Plato’s Guardians
1
...
No limits on rulers’ actions
3
...
Censorships of speech and writing
5
...
Judge all disputes
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...
Assign people to offices
9
...
Who is the Hobbesian leader? Leads to the song: Holding Out for a Hero (1984)
The hero/leader’s main concepts: strength and trust
...
He’s gotta be
sure
...
If you can find someone like this, that
person can be a good ruler
...
Leads
to Q 5
Two reasons why will the sovereign be the hero? (145)
We are essentially doing what we want
...
by essentially giving him this power we are doing what we want, even if it’s an
inconvenience, but it’s what we want
...
his own interest in gaining power will necessarily promote the public interest
...
Because the interest of the ruler is identical to the
interest of the state
...
11
...
12
Before Wednesday, look at notes and questions – whatever is on the questions is on the exam
...
he thinks you don’t have a choice
...
He thinks if you live
somewhere you’re required to do it, you don’t have an option about the government
...
• He wanted to say people agreed to obey, problem is his notion of consent merely means
physical activity
...
But he doesn’t think so
...
Our idea is if you choose to do
something, that’s a product of your own free will, by using our own free will we become
bound to something
...
If we agree to it, we’re bound by it
...
• Under Hobbes’ definition, rape doesn’t exist unless you’re killed after
...
In other words, people are “forced” or
obliged to do laws, based on that one moment of time where they made a choice to
obey
29
Issue of classifications of Government (144-‐145
Three types of government:
1
...
Aristocracy
3
...
His terms are evaluative
...
But Hobbes says
there’s no diff between monarchy and tyranny, etc
...
–
Government says what is what
...
They control education
...
i
...
: if we call operation Iraqi
freedom
...
By controlling
names the government is able to control knowledge
...
Hobbes believed
people should be prohibited from reading other political readings besides his own
...
He was chased out of England because of
his ideas
...
• There’s a lot of Hamilton’s argument in Federalist Papers of why we should have a
president -‐ that comes from Hobbes
...
One
person can be more secretive than few, and one person can be more consistent than
many
...
• What has Hobbes come to recognize?
o People had coherent view of world
...
Whole reason Plato was so consistent to try to force people to
listen to state because he was afraid that people would be too attracted to non-‐
states
...
Hobbes failed to
recognize most people want secret life too
...
Song of Billy Joel – reflects what Hobbes was getting at and reflects why his theory was so
attractive
...
• He’s running away from his family to his girlfriend –
• Half a mile away means – there’s a physical difference
...
It says you can have your private life as long as you obey
in the public life
...
Interesting thing about this song is it doesn’t say whether its good or bad, but it just
describes reality (147)
This idea on 147 shows why there’s freedom even in repressive states, because there
are simply certain things that the government can’t control
...
You know you can raise your family
in private time, as long as you don’t disobey what the laws are
...
There’s a notion of privacy over here
...
But he thinks it doesn’t make a difference who you marry or how many
children you have, difference between Hobbes and Plato is that Plato doesn’t believe
people have the ability to decide for themselves what to do; to make choices
...
Limits on Political Obligations:
• Certain circumstances under which individuals did not have to obey (148)
• When do you not have to obey/permitted to disobey? When the government wants to
capture you – when soldiers are pursuing you – you’re allowed to run away, because
you’re preserving your life
...
Government exists to protect
your life so you must obey every circumstance except when your life is at stake, or
someone wants to subject you to your control or kill you
...
If the sovereign is strong enough, he can
deal with any challenge to his authority by simply applying force
...
So you can “try” to preserve yourself, but
you’re probably going to fail
...
Theoretically you can be obliged to obey (149)
but Hobbes says there is a way of getting out of it, if they give a substitute soldier
...
If
defense of country is at stake you must serve
...
What if the
sovereign says go to war our country’s future is at stake, you may say “no I don’t think it
is” and therefore you can think you should give a substitute
...
Hobbes says their rebellion is not unjust
...
He’s saying these
people were deemed to be traitors by king so acted unjustly
...
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For Hobbes, this all makes sense because all your obligations are dependent upon
seeking peace and protection
...
When ruler uses less power than necessary in peace – lack of absolute power, (you need
absolute power voluntarily because you don’t know when you’ll need it
...
Separation between law and morality – for Hobbes, law is morality
...
Limitation of authority to law – ruler can’t be bound by the law, because that would
violate #1 (similar to #1)
4
...
5
...
This is bad for Hobbes
...
Because separation of powers means you don’t have enough power to do
things
...
(154) Separation of Church and State – would lead to collapse of Leviathan
...
Any time you allow independent Church, you
threaten the state
...
Concept of positive jurisprudence – legal positivism
...
It’s different than what Plato and Aristotle believed
...
Problem is like in Nazi Germany
...
Unifying natural and civil law
...
e
...
He created legal order that protected your
natural law
...
Priority of order to freedom – you need order to have peace
...
Power is potential
...
Separation between public and private life
...
There are things outside state that state will control that is private
...
11
...
12
Montesquieu grew up in nobel fam
...
Further, under regime of Louis the XIV, he served in Parlement
(administrative body, not law making body) and his responsibility : criminal division of French
courts
...
But there in civil law system, the court system does all
investigation itself, no difference between prosecutor and judge (executive and judicial
branches) as if judge does his own investigation and then and makes sentence, it’s an
inquisitorial system
...
He couldn’t write them and publish
them bec he would be guilty of treason, but Louis XIV died, so Louis XV took over and he was
young
...
They would be less restrictive about
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what got published, so M wanted to publish the Persian Letters, but couldn’t put his name on it
and so it was written bleakly
...
Requires you to come up
with conclusions based on what’s written, he doesn’t say what he means exactly
...
) this is idea of
how political criticism could be published back then
...
Therefore,
black eunuch can go into _ but not white women
...
White eunuch can have sex but cant have children
Chief black eunuch/king, chose the eunuch
...
Bureaucrats are afraid of person on top of them in addition to fact that they can tell
...
Life of eunuch is double – he doesn’t know what command he’ll get from day to day, because
sultan gets letter from one of his wives telling on eunuchs
...
But difference in democratic state
Something doesn’t exist in this system of eunuchs and wives, which does exist in our
democratic system: eunuch can’t say no to king, but citizens can say no to president
...
– (A) Rule of law – key component of Montesquieu’s idea of government
...
(Except two families)
Hobbes thought government would save nature, but here:
Troglodyte kingdom – government doesn’t help because they’re so bad, so Montesquieu’s
vision is even worse than Hobbes
...
Were happy and got along in unity
...
This family defends themselves
(having never fought before) they had motivation to defend homeland, which demonstrate a
principle of Machiavelli – non-‐mercenaries, but people who have stake in outcome
...
Want to elect most just man
...
He thinks it’s very bad, it takes away their natural inclination
to do good, because if you laws telling you what to do, you don’t need to be virtuous, all you
need to do is comply with the law, be law abiding
...
So by choosing a king, they’re finding a way out of
being virtuous
...
Because they fall from virtue
Opposite view of theory of Plato’s Republic – inversion of that
...
But this king is saying no the
people are virtuous
...
,
which means: all government presumes lack of virtue
...
It no longer becomes valuable to be
virtuous
...
Virtue and law cannot be based on each other
...
Letter 46
Particular religion of one doesn’t matter, but best way to devote yourself to creator is to obey
the law
...
Turk, Armenian, Jew
...
His view on religious toleration is good, it promotes obedience to authority, so stop fighting,
which form of ceremony, and let people serve their god
...
(A) Administrators, 2,9
...
So he has
discretion, but during same time, there is always a deep longing that he cant have the women
...
He is a slave for what the ruler requires and
women demand
...
Montesquieu thus proves how Hobbes is wrong; who says despotic state provides order
...
Administrators
2
...
Subjects
Weakness ruler has:
− By delegating loses some power because he’s at mercy of administrator’s control over
...
He doesn’t know what he’ll find
...
34
Letters 81, 103, 105
In every government, there will always be a problem when there’s reliance
...
Meaning: government is a cost
...
So we can’t force people to be virtuous
...
“ambition must check ambition” we assume people are acting selfish, and use their ambition to
help government
...
There’s a paradox…
Severity of punishment is relative
...
So if lesser punishments,
people won’t be ruined
...
There will always be crime
...
So if you
punish people harshly, you might cause civil war
...
So people don’t care because they know they always can be killed, similar to
Hobbes who says you don’t have to obey when your life is in danger
...
Stronger you appear, paradoxically the weaker
you appear
...
What administrators are doing
2
...
Essentially, everyone who signed declaration of
independence essentially committed treason, but at the end it was for a greater good, so it
wasn’t a crime
...
But once
the traitor wins, there’s no crime
...
Once
they won (1781) they stopped being traitors because they agreed to surrender York Town
...
boomer
(drop of notes in back of Montesquieu’s paper)
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11
...
12
⇒ books 2 & 9, discussed why administrators had to fear because the rulers have complete
control over them and subjects can threaten them to complain
...
Why? he feels like he’s not in power, he has no
control
...
How will it help him – he doesn’t have control so punishes people who supposedly care about
because that’s his only way of power
Feels “below worthless scum of humankind” because he has realized that with all the riches in
the world he cant get what he wants – myth of king mydos, turned everything into gold but he
couldn’t eat gold so died of starvation
This king doesn’t have the love
...
And ultimately he’s powerless
...
If they violate his commands, what can he do if he is far away?
Differs from our government because we have a respect for law
...
Montesquieu says fear loses its power, and if all you have
left and can rely on is fear, people won’t obey
...
Doesn’t have single friend in kingdom
Only people respond to his offer with / for money because there’s something they can gain
...
Despotism is found upon an eradication of ultimate communal ties
...
Picture here, stunning
...
They’re lonely and
just make everyone afraid of them
...
It harms administrators, rulers
and people
...
His message is to French nobility
...
This is a hint to Louis XV and other administrators in the future
...
If that’s
the case, there goes the principal reason for why you should be despotic ruler
...
Create regime of law where people know they have
security, things will be much better
...
He urges France to do exactly what Britain has done in
the Glorious Revolution
...
Because she was in love with one of the eunuchs and she has been treating
her husband by lying and deceiving him
...
Ultimately being a
subject takes away your enjoyment of life because you feel like you don’t have control over
your life, there’s nothing on which you can rely
...
if under control of someone who doesn’t know anything about
what’s going on, it’s worth the try
It’s a song about Richard Nixon’s continuation of war, how American’s shouldn’t continue the
war, and how he wants to stop the war
...
Montesquieu’s way of saying who he is… his nickname is Uzbek…
End Montesquieu with total failure of total control and psychological destruction of EVERYONE
in regard to absolute rule
...
26
...
Significance of consent for John Locke:
− Obligation = duty to obey
...
Why? for Machiavelli, it was
based on pure force
...
Power comes from
people -‐ people chose ruler, and therefore they essentially enter into a contractual (at
least from their standpoint) obligation
...
Because they made a commitment to do this
...
Tacit consent:
a
...
Concept is: we are receiving something for staying in
state, because the government protects our life liberty and property
...
In legal
theory: quantum meruit – to give value for benefits received
...
If you don’t, you’re allowed to
leave but you can’t take property with you but property belongs to society
...
(this is actually exactly how
obligation is formed according to Hobbes
...
Important difference tho: we talk in terms of Lockien consent
not Hobbesian consent, because the diff: for hobbes, once you giv consent, it’s
over and you never have choice again you can never take back co nsent for gov
...
For hobbes you’re allowed to take back your consent if gov tries to take your life,
that’s it
...
2
...
Two examples of where we have
this:
a
...
(1776 when Americans were rebels, and 1787 when they picked new form of
government)
b
...
Occurs in courthouses
every day
...
That is limited to
minorities of Americans
...
We are choosing to
obey, we accept the constitution
...
Regarding tacit obligation, page 173: uses fox and lion because Hobbes would say you must
obey
...
Question of withdrawal consent: h and L both wrote at time where it was easy to leave
country
...
Importance of Freedom to Locke:
− System of government for L is different from Aristotle’s system
...
Aristotle though tit was
...
− By hobbes you can only run away, you can’t attack
...
4 things that all laws must consist of is set forth on page 180
...
Legislature must act in public good
a
...
hobbes says soveriegns’ sinterst is identical for htos he governs
b
...
Locke says gov should do it but might not do
this on occasion, therefore he places limits on gov (pg 180)
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c
...
Meaning, someone who has power of attorney will do
whatever is the interst of the pwoerson who gave you the power of attorney
...
Lockian concept of agency – she can take it back if she
realizes you’re not using it in her good
...
Laws must consist in known and settled laws
a
...
Concept is like ex post facto you cant make law that is retroactive
...
Since gov’s primary purpose to protect ppl’s rights, ppl and representative must
authorize in advance must authorize taxation (taking property) it can’t do that under
basic lockien const
...
“no taxation
without representation” this was one of the big complaitns made by American colonists
...
Non-‐delegation doctrine: idea that legislative power must always be exercised by
legislature
...
e
...
− Locke says you can’t govern foreign affairs by law, (section 147, page 183)
− Foreign affairs involve actiiveiytes that happen without state’s prediction
...
Executive acts on his own in
foreign affirs, he represents staste and has talmost total discretion
− In domestic affair,s duty of execituve is to enforce law so he is more tightly constrained
o Judiciary power: there is no indedpent power for locke
...
Judegs are part of exec, bec judges are part of executive
...
o at time he wrote this was largely true bec of diea of jdugiical independence
hasn’t been accepted in anywereh in world
o In colonies, judge make decision that judge or general difnt like, they could bte
fired or transferred random
three branches of gov and they have diff names and positions
judicial indpenedence: subject to chief executve
...
Executive power does have important components:
POL 201 N
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− Legis power for L didn’t exist all the time
...
Bec of that, there are certain thigns they can do when legis is not passing
laws when tehre is an inconsistent law
...
Locke gives an example on (159) bush administrative to torture
people… but until 2006 only
...
Senator John McCain was
responsible he passed law to get president to stop torturing
− Executive prerogative is limited: by legislature
...
There’s nothing to do besides appeal to god
...
And it has been that way every since
...
Extraordinary rendition; practice to takeing terrorist suspects abroad and hviang htem tortured
until they spilled the beans
...
Then president bush came and established the
ssame thing much closer to America
...
Bec it was in
Guantanamo, which is part of USA
...
So Locke says “when you give people an inch, they take a mile”
Nixon biggest tyrant – acts against law
...
Tyrant goes beyond powers, govern dictatorially
...
The US in 1861, Lincoln threatened to take away their property because he freed their slaves,
according to Locke the people had the right to restrain, and
In 1861 Lincoln decided he wanted to preserve union and was willing to use force to use this,
Locke will justify the succession of the US
...
He does not permit
rebellion
...
So essentially Lincoln
was a rebel, under Locke’s definition bec he acted agasint the const and took people’s property
...
21
...
Robert Filmer says that in the bible God has chosen
a class of rulers and this has carried on to the British monarchy
...
He justified that all people are created equal
...
According to Filmer, authority goes from the top, down (God, king, nobles, people)
and Locke says it comes from the bottom, up (God is with the commoners, and then authority
goes up
...
Explain the differences between the state of nature for Hobbes and Locke
...
− Anarchy/chaos -‐ in anarchy we can find order
− Liberty = license -‐ “Liberty is no license”
Locke: when there is no government we will recognize that there is an inherent order, we
respect God’s view of the world, that we are all equal
...
2
...
Once
you put your labor into the land, it becomes your property
...
i
...
Eat your peas
b) Respect for others: can’t take someone else’s property
...
Don’t be a pig
ii
...
Property holds the same weight
for Locke that power does for Hobbes
...
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3
...
b) No impartial judge
...
− How to create a political society: (173)
a) Mutual surrender of natural liberty to whoever the majority choses (Hobbes says
that once you chose, that’s it
...
)
− Limit to rights given up:
a) Don’t give up your right to property-‐you create the state to protect your property
(you need it to have a life
...
Political contract is between the society and the ruler-‐Hobbes says it’s a donation, not a
contract
...
26
...
Something you have to do
...
For Locke, his concept goes back to Hobbes
...
So it therefore proceeds from a choice made by
the people
...
Locke has two ways:
3
...
Concept is: we are receiving something for staying in
state, because the government protects our life, liberty, and property
...
In legal theory: quantum
meruit – to give value for benefits received
...
If you don’t,
you’re allowed to leave but you can’t take property with you but property belongs
to society
...
(This is actually
exactly how obligation is formed according to Hobbes
...
− Important difference though: we talk in terms of Lockean consent not Hobbesian
consent, because the difference: for Hobbes, once you give consent, it’s over and
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you never have a choice again, you can never take back consent for government
...
− For Hobbes you’re allowed to take back your consent if government tries to take
your life, that’s it
...
4
...
Two examples of where we have
this:
a
...
(1776 when Americans were rebels, and 1787 when they picked new form of
government)
b
...
Occurs in courthouses
every day
...
That is limited
to minorities of Americans
...
We are choosing to
obey; we accept the constitution
...
Regarding tacit obligation, page 173: uses fox and lion because Hobbes would say you must
obey
...
Question of withdrawal consent: H and L both wrote at time where it was easy to leave
country
...
Importance of Freedom to Locke:
− System of government for L is different from Aristotle’s system
...
Aristotle though it was
...
− By Hobbes you can only run away, you can’t attack
...
4 things that all laws must consist of (page 180)
5
...
Not that different than what H would say: by definition legislature is acting in
public good because people delegate their powers to the sovereign to make laws
in society
...
Locke says it’s not true by definition
...
Agency: H and L have theory
H: government will automatically act for your good
L: they can violate your right, so you have right to kick them out
Agency law: idea of Power of Attorney:
POL 201 N
43
Power of attorney is an act of agency
...
Hobbes would say she could
never take back the power
...
Because she retains the right terminate agency, to vote people out of
office or remake government
6
...
Laws must be announced in advance, and there has to be some idea of stability
...
7
...
Locke says they can only do it if there is authorization
...
8
...
So
it cant say to president or court “make up laws because were too busy to do it” way this
has been interpreted in modern age: if legislature gives court or president power to
make rules, it must give them standards to go by, i
...
: to protect against hazardous food
...
− Locke says you can’t govern foreign affairs by law, (section 147, page 183)
− Foreign affairs involve activities that happen without state’s prediction
...
Executive acts on his own in foreign
affairs, he represents state and has almost total discretion
− In domestic affairs duty of executive is to enforce law so he is more tightly constrained
o Judiciary power: there is no independent power for Locke
...
Judges are part of executive
...
o At time he wrote, this was largely true because of idea of judicial independence
hasn’t been accepted in anywhere in world
o In colonies, judge make decision that general didn’t like, they could be fired or
transferred random
Three branches of government and they have different names and positions
Judicial independence: subject to chief executive
...
Executive power does have important components:
− Legislative power for L didn’t exist all the time
...
Because of that, there are certain things they can do when legislative
is not passing laws or when there is an inconsistent law
...
Locke gives an example on (159) bush administrative to
torture people… but until 2006 only
...
Senator John McCain was
responsible he passed law to get president to stop torturing
− Executive prerogative is limited: by legislature
...
There’s nothing to do besides appeal to god
...
And it has been that way ever since
...
Extraordinary rendition; practice of taking terrorist suspects abroad and having them tortured
until they spilled the beans
...
Then president Bush came and established the
same thing much closer to America
...
Because it
was in Guantanamo, which is part of USA
...
So Locke says “when you give people an inch, they take a mile”
Nixon biggest tyrant – acts against law
...
Tyrant goes beyond powers, govern dictatorially
...
The US in 1861, Lincoln threatened to take away their property because he freed their slaves,
according to Locke the people had the right to restrain
...
Hobbes just says you have the right to preserve yourself by running away
...
But Locke calls the rebels those sovereign leaders who go against he law
...
11
...
12
Locke differentiates between destruction of society and government
...
People live together, consider themselves 1 political unit
2
...
In that instance, subjects are at liberty to resist and attempt even after
conquer comes in to form their own government
...
Once
they take over and win, you have to submit power once you surrender
...
Way most boundaries changed was through conquest
...
L would be hero, which gets us into next part
...
Executive assumes legislative powers
a
...
b
...
Charles 1st dismissed parliament and ruled as autocrat
...
This is the rebellion of king against people
ii
...
iii
...
2
...
Government is formed to protect peoples’ rights, when it fails to do so people
are justified in rebelling
b
...
Locke is a hero in two countries because he justified both revolutions (two scenarios above)
3
...
Hobbes would agree with this
...
i
...
: William Orange invaded England in 1688, James the II ran away to France, to
hang out and avoid the imminent attack
...
c
...
There were no
police, army was dismantled, army sent home
...
And so we re-‐created our
government, largely founded upon the English principles created in their new
constitution in 1689
...
Concept of limited government
a
...
2
...
Success of government was the structure, not necessarily who was in charge
...
Hobbes was all about personalized authority
...
Theory of Property
a
...
) “work as hard as
you can and turn your surplus into good
...
“if you die with property, you wasted it
...
If you don’t use it, it goes to the people
...
Marx reads Locke of a
different definition of property
...
Morality is not identical to legality
a
...
People recognize they have spiritual and secular lives, they can deal
with this dichotomy
...
He accepted people lived two lives
Despite fact that Locke believed in separation of powers, recognized need for executive
prerogative
− Executive emergency powers
− Still an area that is debatable
− Our Constitution is not as broad as Locke’s ideas
MONTESQUIEU
− Persian letters made him famous, resigned job in government, and continued to work in
his family wine business
− Enamored with England, so moved there for 2 years
− He did not actually write “Spirit of the Laws” because he had bad eye sight
− No work that embodies what our constitution is about, before this
...
he accounted for them all
− We can only affect political laws, but there are many other laws that we can’t change, so
government must recognize other laws and create political system consistent with them
so there is least friction
− Test of political order is efficiency
...
People
might forget laws
Montesquieu’s idea of preservation:
(218)
1
...
Comes from diff place than Hobbes
...
For H, it’s conquest
b
...
(219) Seek nurture, because of weakness, enter into society
3
...
War begins when we enter into society
...
Why does
state of war begin now?
a
...
We want more – story of Plato’s Republic, when Socrates talks about simple
state
...
What prevents us from killing each other in society?
− laws we create (231) brings us back to state of peace
− “Laws pervade Montesquieu’s ideas”
for H, government and society is the solution to all problems
...
Republic: there’s a
a
...
aristocratic, small people are in charge
2
...
Have law
3
...
o Leader: to have state in mind
o People: can’t go around ruining everything that leader is trying to do
− That’s why English couldn’t establish democracy, because nobody was being virtuous
− Virtue for M is listening to all of the laws – religion, morality, society, etc
...
We should take
examples from upper class
...
They can be made by legislature but need to be ratified by the people
...
– when they enacted laws, they
forgot virtue
...
virtue is to follow all
laws of morality as well as political and religion…
Question #4: what is the operative principle of a monarchy? How do the nobles, the clergy, and
the judges impose checks on the monarch?
− Virtue doesn’t work in monarchy
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48
− You need honor in monarchy
− Honor = reputation
...
Cost of this:
rely on people’s ambition, in order to get more
...
− It works because we harness people’s natural desire to the service of state that is most
efficient
...
− Also same principle that Adam Smith would later use in his Wealth of Nations – invisible
hand of capitalism by private pursuit of selfish pleasure, people will create optimal
distribution of resources
...
12
...
12
Rousseau – terrific writer
...
If you want to send 2nd draft before final, that’s fine
...
It’s not about any other political theorist
...
Mostly explain things in your own words
...
Have a few quotes thrown in,
not your connection to political theorists
...
Why so great? (228) because
everybody is a good subject – even if they’re not good men, they’ll do what the king
wants them to do, because he sees in individual psychology a certain attribute of
individuals
...
People are ambitious, they want to get ahead
...
They’ll
want to get ahead
...
o Idea of Law Review in law school
...
o M says people will do great services to the state because they want to get ahead
o “Virtue is unreliable, it’s too difficult to keep for a long time, but selfishness
keeps for a long time
...
” Ambition checks ambition
...
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49
− People who framed constitution took M’s ideas and adapted it in theory and structure
...
Three checks on monarchy; three ways of preventing it from doing bad things
1
...
2
...
They have independent power to place limits
...
3
...
(224) Judges enforce the laws against monarchy
...
This is not judicial review on legislative action
...
This is the recognition of
independent judicial power
...
Without fear, people won’t obey
...
Appointed by monarch who runs
things without law, but according to whim of despot
...
”
− 229: if you don’t have power of army to “hold your hand up” you will be destroyed
− that’s why despotism is so unstable
− despotism is corrupt because they rely on fear – insecurity, so it destroys everyone in
the state
...
Inequality
a
...
Too much equality
...
= mob rule
...
231: Xenophon’s banquet: if people in democracy fail to recognize they have responsibility,
essentially we have tea party’s version of “Welfare State” it’s the complaint that if the masses
take too much power, they’ll become greedy and those who have power and money will end up
being losers
...
But if you’re poor, all
you need to do is take from the state, why should they work? M saw the failure of the welfare
state before it was even created
...
it’s an example of his vision
...
50
How monarchies are corrupted:
− When prince takes away restrictions on his own power
− Corruption = attempt of ruler to gain unrestricted power
− Corruption of monarchy is despotism
...
Best form of government for small medium and large states
− Republics only work in small states where everyone knows each other
− Once state gets big, monarchy is necessary
− If really big empire, can’t be controlled, only possibility is despotism but that will
ultimately be destructed anyways
...
So there needs
to be one person in charge
...
He has to
be able to make quick decisions, work as dictator – but eventually it will fail
...
Historically this is correct (hitler, napoleon)
Q#9: political liberty
...
− Liberty consists in the freedom to do what we ought to will, and to not do what we
ought not to will
...
Ought not to do = evil
...
o If the state forces you to do something evil, you don’t have liberty
...
His
definition of liberty is almost exactly the same as John Locke
...
Liberty isn’t licensed; it carries with it the
duty to obey laws of nature
...
o That’s liberty for M
...
o Because otherwise all citizens would have the same power
...
o For M, law should encourage you to do good things, and prevent you from doing
bad things, and not force you to do bad things
...
o That is defined in chapter #3
o Hobbes disagrees
Defined in chapter #6
...
Its freedom + responsibility to others
...
You can see in him the principles of Aristotle
...
Q#10
1
...
Executive – federative (according to Locke)
3
...
Main points of #10
− Jury of your peers
− Juries non-‐continuous – we have the same principle
− Making parentary challenge: you should be able to challenge individual jurors, that you
think will be bias against you
...
You need 3 legs on a table to stabilize it
...
If you don’t need to punish somebody you shouldn’t do
it
...
State should only regulate
what it needs to, in order to maintain order; otherwise they should leave people free
...
Liberality
...
− Most important thing for us to do is to banish fear
...
10
...
The Social man: physically weak,
morally corrupt, and selfish
...
– this is in his First Discourse
...
Question #1: Page #247: How does Rousseau (henceforth R) critique the states of nature
envisioned by Hobbes and Locke? Would he agree with any of Hobbes’ statement that the state
of nature is “solitary, poor, nasty, brutish, and short”?
− H assumed ppl are naturally bad just because they don’t know what good was
...
− H assumes people take things from others – idea of property, but that only exists in
civilized society
− Locke too, is only concerned about property, but that doesn’t exist in the state of
nature! Even though he doesn’t see men as aggressive as H
...
(p254)
R says: you’re not gonna take someone’s property because you don’t need it
...
”
But for R: there’s no time: it’s all about enjoying the moment
...
In the song,
there is no altruism, it sounds great, but everything is for yourself
...
R: in the SON: there is no inherent altruism, but there’s a natural compassion
...
(mother cow, deer, etc
...
You have a special
connection with your family members, innate, it doesn’t require choice
...
Aristotle says, “take good attributes and extend to all others”
But R says – it’s already there
...
But something made us the way
Hobbes explains we are
...
He creates image of the Noble Savage: somebody in SON who hasn’t been corrupted by
society
...
e
...
Fine being in isolation, man in SON is a hermit and is fine that way, with
who he is on his own terms
...
”
− In real SON, (255): there’s no account of time
...
Because in
the beginning it says, “we have to imagine…
...
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− He simply says we need to appreciate the SON for what it is – it’s not that bad! But it
doesn’t mean we should return to it
...
We create duties by establishing property
...
You have more obligations
...
We can’t do what our natural inclination is – which is to get
involved and try to do something
...
Question #4 What desire was the source of inequality between men? How did this inequality
lead to the creation of the state?
− (pg 256) man’s first feeling was that of his own existence, and his first care that of self-‐
preservation
− 257 – people started to create society, as they controlled property they had to make
sure others cant take it
...
− They do so by valuing one another
...
“I own a lot therefore I am wealthy, powerful,
etc
...
This relationship
that creates inequality is: (260) employment
...
Doesn’t matter what you do
...
Property
b
...
− There is no evil motive impugned in this
...
There’s nothing
inherently bad about that
...
12
...
Liberty is lost when
you get property
...
e
...
It creates obligations
...
Employers/masters
2
...
Process of property àchaos that makes us need a political state
...
SON = equality
Society: inequality, based upon economic power
...
So they attack property of
wealthy (262) which leads to chaos
...
The form it takes is
going to protect people’s rights: Lockean concept
...
How
can the same social contract free Lockeans but enslave Rousseauvians?
− Rousseau’s – it doesn’t help poor, because they don’t have property
...
− 264 – poor thought it would help them, so they agreed
...
− R says: it sounds good but you forgot about economics
...
These social contracts omit
the necessities of life
...
R: L and H’s contracts are bad because it doesn’t preserve your life, it only preserves your
property
...
How you eat is not the sovereign’s business –
idea of conservatives these days
...
Society based upon appearance,
which leads to:
• Mont: best way to run state is based on honor
...
We are not
true to ourselves anymore; we are prisoners of a state
...
Institutionalized starvation: poor are not being taken care of in state that focuses on
property
2
...
Way
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you succeed is by looking good, like Glaucon and Machiavelli talked about
...
Consequence: you don’t live past the superficiality
...
You can’t feel them
...
It may start out as a nice scene, “still life water color” – picture
of how life should be lived, get lost in conversation that is supposed to make you sound
smart
− Only line that doesn’t rhyme: because we are being separated by others by pursuit of
superficial appearances, we’re no longer able to relate to others because we’re no
longer allowed to be ourselves
...
We have created social regime in which
appearances control reality, wealthy control poor
...
What did R mean? Is man born free today, or in the past was
man born free?
− R doesn’t say: whether we truly can be free
...
At the end, we have to ask: what is his vision? Is this really a way out of the
problem or not?
− Section 4, criticizes Hobbes more
...
People surrender too much – because all they keep is their right to life
2
...
He treats them very well, even though he keeps them imprisoned
This is what Hobbesian government is all about, according to Rousseau
...
− 270: Heads I win, Tails you lose
...
− but R adds: “may still obey himself alone” wants authority as well autonomy,
− most important thing to H is security
− L: property
− Rousseau: freedom
− Only works to have government if government doesn’t take your freedom
...
So is there a way to do this
...
Everybody until now says “we have
to accept fact that others will control aspects of our lives”
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− H gave us drop of hope that some things we’ll be in free in, but limited that to what the
sovereign wanted
...
They can place
limitations on you through majority rule
− Being able to do this is what the social contract is all about
...
Stop thinking of the way that we have been in the past;
just for ourselves
...
General Will can be considered what’s
best for all of society
...
− 271: “each of us puts his person and all his power in common under the supreme
direction of the general will” – Rousseau
...
”
− We have to give ourselves up to the sovereign
...
H:
keep right to life, Rousseau doesn’t have any exceptions
...
− We give up more than what we give up in Hobbesian state
...
− Hobbes says: if you exclude people they lose their freedom
...
Book IV #2 page 288-‐9
− “force to be free” == everyone can vote, but we follow majority
− but once majority votes, you must follow it
...
”
− If we agree that part of being apart of society is doing what’s best for everyone -‐ so
you’re not voting for what YOU THINK is good for everyone, you’re voting for what the
general will thinks is what’s best for them
...
Everyone has different
situations, and its hard to imagine yourself with a diff life
...
Way we create this is by voting for
everyone
− Idea; we live in society where there are rich and poor-‐ but we’re not sure if we are rich
or poor
...
So when we vote, we don’t know what’s best for us, so we
have to vote for what we think is going to be best for the general person – because
you’re the general, you don’t have a specific preference
...
He wants to maximize your freedom
...
H: we won’t choose sovereign who doesn’t have our
POL 201 N
−
−
−
−
−
57
interest so sovereign always has general will
...
The question Plato asked guardians: when a person asks guardian what should you do
with your life, he says he has to figure out your kind of soul, he says you should live your
life accordingly
...
So in the interest of society, this is what you should do
...
You have to care about everyone
Plato substitutes general will for guardians
...
Democracy is the only way to
maintain personal freedom, but nobody is claiming it’s the best way
...
Rousseau says the smart people don’t
make decisions, the general does
...
17
...
Therefore there’s no possibility of an unconstitutional question
...
has ceased to exist
...
People shouldn’t be constrained by a constitution
...
R: people must always have power not just in extraordinary examples Locke talks about, but
even on a daily basis R says
...
R’s belief in the role of citizen
...
Q#6: What is the General Will? (GW) How does it differ from the will of all? Why is it always in
the right? How does it create law? (II:3-‐6)
GW: takes into consideration common interest
...
Will of all is
everybody’s particular wills put together
...
− Will of all is a common interest + personal interest
...
Be objective but you can create detail but you can’t assign it to a group, because
gw must always be general
...
− But how do you communicate with out factions? Communicate not by trying to
persuade but by explaining
...
We should just explain what we
think, listen to what people say, but don’t try to persuade
...
− When you’re voting, you don’t do what’s best for society, but for what society thinks is
best for society (GW) if everybody votes on what they think society believes is best for
society, GW will always prevail, which allows R to say this will say this forces people to
be free
...
So if you lose, it simply means that you were wrong, you
thought gw was something, fine its something else
...
− 275 gw creates law: it’s always right, you always need to act in accordance with what tis
best interest for society as defined by society
...
Q#7: Who is Rousseau’s Legislator? What is his principal purpose? Is he correct in describing
Moses’s role as a Legislator? (II:7)
− legislator is not biased, he is not the LEGISLATURE
...
He isn’t part of society
...
Communal structure
...
Community matters most
...
R has one guardian: the legislator, serves the same
role, the Guardians (G) are ongoing leaders, but for R it’s got to be someone who’s
capable of doing amazing things
...
− P
...
It’s rare that you’ll find community who
will be capable of what these leaders were (276): they have to change human nature
(Plato did this) it’s very similar to Plato
...
Within society, guardians make
decision, but here the people make decision
...
democracy
...
Idea of GW must only come from god or
religion = R’s idea
...
R is saying religion isn’t necessarily correct, but it’s effective
− Religion is instrumentally necessary even though it may not be true
...
You need religion to talk them into doing it
...
Book III
Q#8: How does Rousseau define government? (III:1) What is the difference between the
POL 201 N
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corporate will and the General Will? (III: 2)
− 280: government is executive
...
So
legislation is done by the people who are sovereign
...
But they’re
carried out by government which is a subclass of people who carry them out
...
− Corporate will: common will of magistrates, which is the executive
o Should be subordinate to general will
...
But within executive
branch, is guided by corporate will, which is the will of government
...
e
...
” – Attitude
that people are fools, government can do better when they make decisions for
people
o R says this is a problem that needs to be recognized
...
19
...
Hobbes and Rousseau were both enamored with Math
...
Formula on pad
What does government mean for Rousseau? It’s the executive – they enforce the law
...
If we take power of
member of government as being the number of people it controls in this state of government is
100
...
Within government we have phenomenon called “controlled Loss’ because you have to control
people in government
...
Government must control itself as well as perform functions that its required to by the
sovereign
...
i
...
:
president controls the entire executive branch
...
− We also elect “comptroller” in NY state
− Also the attorney general – our attorney general is Eric Shneiderman
...
Page 283:
Q#10: Why does Rousseau prefer monarchical government to aristocratic, and aristocratic
government to democratic? (III: 3-‐5) Is Rousseau endorsing Plato at the bottom of 283 when he
says, “it is the best and most natural arrangement that the wisest should govern the many,
when it is assured that they will govern for profit, and not for their own
...
Explain which of Machiavelli’s
ideas he accepts and which he rejects
...
If they could do it by being loved, then it
would be great for everyone
...
− It’s teaching us that it’s bad to be under absolute monarch
...
Montesquieu also said it’s a bad idea (troglodytes + people will stop being virtuous)
− In order for king to rly rule, he needs to keep people submissive
...
Machiavelli is book of republicans, because it’s not
limited to governments run by prince
...
Who ever is in power wants certain things
...
− If the prince suppresses the sovereign and breaks social treaty, all people in state lose
their freedom
...
They have the
right to not obey, they’re not even rebelling
...
R
agrees with Locke if there’s usurpation or despotism, the people are no longer obliged
to obey
...
democracy becomes ochlocracy = mob rule
2
...
monarchy becomes tyranny
POL 201 N
61
− Hobbes says it’s the same thing – just someone who doesn’t like it
− The first 3 forms (left) of government are ruling for GW, the second three (right) are for
the corporate wills or government
...
(III:12,13, 18
− Chapter 15: people need to be actively involved
− Active citizenry
− Responsibility people have – be very involved, can’t be passive,
− Page 287: highlighted, must be constant civic vigilance
...
2 questions that must be asked at these periodic elections:
1
...
e
...
) radical, but allows him to preserve
argument that people choose government
...
We don’t really do this!
2
...
put one person in charge, still enforcing the laws
2
...
People could pic
dictatorial power
...
Its inherent
in office, only limited by people/legislature otherwise the power will increase
...
No limits on a dictator
...
Tall and narrow (Rousseau) vs
...
He recognizes there is no sure way to do this
...
Hitler is an example of unlimited dictatorial power with no duration limit
...
Religion of the Gospels _ idea of devotion to god in pursuit of an after life
...
Consequence: this
life doesn’t really matter
...
These people
don’t make good citizens
...
They are
disinterested citizens
2
...
Problem for Rousseau:
religion becomes politics, and effect: someone who breaks the law will be considered
evil, a heretic, and need to be repressed (292) makes people warlike… do things like
engage in Crusades, jihad
...
They need to fight evil in order to
become strong
3
...
Having 2 rulers: spiritual and civilian ruler
...
Can never have GW
R’s idea of good religion is a; Civil Religion (page 293)
We need religion for 2 purposes
1
...
Once we have state, need development of civil religion: recognition of a god that he’s
powerful and good, that the just get rewarded wicked get punished, idea that social
contract is sacred
...
We have followed Rousseau more
than any other place
...
We are the only one in the world who have a sacred
constitution
...
His early life –
carefree existence, then material life, then political life – he was criticized, and offer to become
musician
...
He was thinking about what he wants to do
...
, 1968)
− He turned the king down
− And became writer for the rest of his life
...
R is an absolute democrat
...
If you look at R in social contract, it’s more invidious form of totalitarianism than
Plato – being controlled by legislator who sets up GW, and everyone must do
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63
everything even it means a death sentence
3
...
R wrote social contract to prove that there is no such thing is freedom,
we can never have reconciliation between freedom and authority, and shows how
difficult it would be if we tried to create government that we keep us free
...
”
R hero in two countries
1
...
But they believe he is the person who
exposed hypocrisy of society, promoted authenticity, promoted YOUR THEORY
...
2
...
Down to fact that people in
Switzerland vote for more things than anywhere else in the world
...
26
...
Due jan 4
...
But Alexis de Tocqueville was
...
T believes the world has grant themes – which can be seen
1
...
297) equality
− Relevant in USA because we have an avatar – ahead of its time, avatar for the world,
because the principal of equality ahs taken over
− He’s writing at time where France is undergoing difficult transition from monarchy to
democracy
Question #1 what evidence convinces T that European politics has become increasingly
egalitarian over the past seven centuries? (297-‐298)
− Page 297
...
Priests can’t get married
− This also destroyed principle that you gain power because you inherit it from your
family
...
− Church worked through recruiting smart young men who were trained for long period –
well over a decade, we would see if they advanced over a level to priests
...
The structure had effect of giving people alternate of gaining
Clerical prohibition on marriage
...
(p 297) it’s the notion of
meritocracy breaking down aristocracy leading to democracy
...
As you had more capitalism – not just because you
had large estate with surfs, but because you were able to create business through trade
...
e
...
Scientific innovation –scientists make new innovations, sell results, and they start
building companies/becoming wealthy
the formula: aristocracy divided by meritocracy = democracy
...
T calls this an inexorable process – unstoppable
...
As much as he has problems with it, there’s nothing he can do to stop it, its going to
happen no matter what
If we recognize there are problems with aristocracy and meritocracy is good, how can
we keep good features of merit in demo? Or does demo simply mean a general level?
If merit means death of aristocracy, does it destroy everything and create total equality?
– this is what T talks about
...
He laments the loss of some things in an aristocratic era
People are selfish and only concerned about what happens for what they get out of it
...
He was someone devoted to concept of public service
...
When he
realized he cant rely on aristocratic upbringing, he competed for office and effectively
did so
...
Biggest fear: thru egalitarian rev, people wanted liberty but put equality over
liberty
...
Too many opinions
so its hard to differentiate between them, what’s true and false, because we say every
POL 201 N
−
−
−
−
−
−
−
−
−
−
−
65
opinion is right and everyone claims to be right
...
Is it merely going to be
destruction of everything achieved before, or will there be new excellence?
If we tear down what used to be important, what are we putting in place?
o Idea of destroying Bagdad – destroying, it but what do we do now? same idea ,
didn’t have answer for several years
...
How to set up? Need guidelines
...
” We need to study demo as set of political
institutions
...
What is he afraid of? Bad outcome? – (page 303) people, in attempt to be equal, will
only think about self interest, so people on bottom will want to drag down people on
top
...
o Idea of Xenophon – would rather be poor and on welfare because people will
just say
o T fears what Romney tried to talk about it during his campaign
...
So poor can pull down rich, but something else that can happen, a possible good
outcome:
P 301: we cud imagine good scenario, where people rationally obey law in which they
make
Which way we are going is up in the air
Fear about Europe (p 302), since with the destruction of aristocracy, there’s a lack of
communal feeling
...
Everyone is in it for
themselves
...
It’s from loss of hierarchical
structure of society
...
Those up in
power are responsible for everyone else
...
We are
seeing their fears
...
Europe can end up on any side of the spectrum
...
− And then he says “we are becoming democratic and we don’t have a choice about this
...
Since then, most countries have turned to democracies as their form
of government
...
− He’s inventing new type of politics
...
Famous quote there
...
Hobbes
...
Locke –
everyone has rights we know H is wrong, but will we have something better with Locke’s
type?
− What happened in the USA: when we revolted from England, had every intention to
establish demo government
...
There was no restraint
...
There were no rights
...
1787 put in constitution that was an anti-‐democratic
constitution
...
They can only elect representatives
...
New party gets elected; everyone there must leave because new people are
elected
...
(322)
...
Question #3 what does T fear the loss of aristocratic power? Why does he see the development
of individualism as a threat to political freedom? (310-‐322, 326-‐327)
− Afraid of tyranny of majority
...
− Individualism disconnects people from each other
...
319) nesting,
people want to hang with their families at home
...
You don’t care about others – Aristotle thinks its good, but its’ not here
...
− Rousseau said this would happen
...
Aristocracy would make those sacrifices, but without this you don’t care
...
In democracy,
nobody cares about others
...
Democracy makes every man forget
his ancestors
...
It frees man from his links, not in freeing way that R
described it, but enervating mode that takes away concern for everyone else
...
But this is one extreme of democracy – individualism
...
A
medium, is solitary, it can turn to libertarian
...
He fears that we’ll have a bunch of people who will only care
about others for how it will help them
...
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12
...
12
Question #4: What does T mean by tyranny of the majority? What are the harms it imposes on
the citizens of the United States (310-‐314)
− Tyranny of majority: there’s nothing that can balance the power of majority
...
Bill of rights did not apply to the states, it was meant only to restrict the
federal government
...
− It doesn’t matter about intelligence of the representative: same explanation as Aristotle
...
A was proponent of the masses make good
decisions
...
T says you have to
follow majority’s decisions
...
bec democracy: maj
shud rule and minority to submit
...
= T says theres no
diff
...
Makes no dif whether maj says you cant do certain
things or whether despot says you can
...
Minority shud follow will of maj
...
Role of masses in making laws: they didn’t
...
Idea of majority of
tyranny: majority gets way and too bad if minority suffers
...
W
...
− Idea: truckers like it because there are tons of trucks in a row, It’s neat and “aint no one
gonna get in our way” but it’s irritating for everyone else and they don’t care
− In the beginning (line 13) it’s a little convoy
...
Result: people suffer
...
People get so enamored with excitement of building
up some sort of majority and forget about people trapped in their ways
...
− Not just cold dictator fia, but popular excitement about something we rly like
...
Prohibition
a
...
Anti communist frenzy
a
...
Prevented people from being on
airways
...
− Harms that it poses on citizens of the USA:
1) Violates rights of minority
2) If you’re wronged about something, you can’t turn to anyone because it
would be the majority who wronged you and they don’t care that they
wronged you
3) Page 314: if you disagree with the public opinion, you will be shunned
...
Issues of social prohibition: being homophobic
...
We need to care about public opinion because people will get
shunned, mocked, laughed at
...
Song: JANIS IAN, “Society’s Child” (1965)
− She internalizes the values of society
...
− Isn’t majority tyranny worse than dictatorship? Because dictatorship doesn’t even allow
there to be a public opinion
...
− Social tyranny controls people in democracy, but doesn’t exist in dictatorship
− There’s no privacy here; that’s the problem
...
Prevents tyranny
b
...
Because people
are not beholden to the state for jobs, they might administer laws
differently in different places
...
Laws are enforced differently in different states – Marijuana is not
considered ac rime in California
...
This is important because: takes away from ruling party because each
POL 201 N
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association needs to be listened to
...
People want to help out because
they look at the law as their thing
...
Now, people feel committed to the law
...
Passé canitatus = vigilant gang = people get involved to track down
criminals
...
g
...
If someone comes into power as
tyrant and wants to run things, the majority will say, “no, that’s not
the way we do things
...
So this will help people from stopping tyranny: participation makes
people strong… so the ruling party won’t be so strong
...
i
...
)
j
...
The
majority doesn’t give its power to only the majority of people
...
Divergent minds band together and demand to be listened to
b
...
i
...
: corporations, organizations, people building
town-‐school house
...
This happens in the
USA but in Europe
...
In Europe, people look to the government to solve
problems
...
Page 310: writing at time when American government was dominated
by the Spoils System: spirit of working together for getting elected
...
i
...
: during prohibition, people opposed the constitutional
amendment so they formed associations to make alcohol (because it
wasn’t illegal to make alcohol, only to sell
...
01
...
13
third thing – continuation from last class’s list:
freedom of the press – allow people to complain about government officials
...
lawyers slow things down
...
In 1830s to become a
lawyer you trained as premise with another lawyer
...
Just be able to read and write, when you learned enough, contacted local judge
...
It was very democratic, in the sense that today its aristocratic, it requires a lot of money to
become a layer, then it didn
...
Idea of platonic guardians who tell the masses “no you don’t want to do that
...
They check people’s passions
...
Superstitious attachment to what is old: precedent
Habitual procrastination to its ardent impatience : many times lawyers are not as punctual
...
Lawyers are preventing tyranny of the majority – this is all pages 315-‐318
...
Page
316 he says something that isn’t even true
...
They put themselves above others because they got their
law degrees
...
JURIES p 318:
1
...
2
...
Montesquieu also said that
therefore, citizens must serve on juries
...
they know their actions must be responsible
...
Laws must be based on customs of nations; they know it because they’re part of the
nation
...
Identity between laws and customs – makes it
easier to run the country
...
Idea of common law
...
Imbues all classes with respect for laws and communicates spirit of laws in the people
...
Increases natural intelligence of people – analogizes to the institution on public school
...
We learn more about civil juries – because its more applicable to our lives, it happens a
lot
...
– This is a way of teaching people what
their rights are
RELIGION ( #6)
• What helps prevent tyranny of majority is that fact that there is freedom of religion in
USA
• In Europe you’re forced to choose religion and political legion at same time
• In USA, religion largely kept out of politics, people can keep religious views even though
political regime may change: You don’t have religion constantly being uncertain
...
− One of the reasons tyranny of majority doesn’t get crazy is because people are religious
...
− People take their political skepticisms and turn it into skepticism of church
...
71
Last q on T:
− What does the USA do that combats what he saw as real fear of democratic state? Idea
of individualism
...
Opens field for tyrant to take over
...
− He says: Americans believe in self – interest rightly understood tis the analogue to
Aristotle
− It’s the idea that our self-‐interest comes from helping others because were all
interdependent
...
− Idea of community – at that item, if you wanted something, you had to do it
...
− Bottom page 320 and top 321
...
straight out of Montes
− Self interest rightly understood, again: p 325: Montesquieu said if we rely on honor, we
can get ppl to make sacrifices to government
...
self interest rightly understood for T replaces honor part of Montesquieu’s
theory
...
: because
you’re focusing on your general interest
...
T says you don’t have to give it up just know that your selfish interests are for others
T’s contributions to political theory:
1
...
He populized the term
...
Fact that majority votes for
something doesn’t mean its what you should od
...
There’s nothing special about majority voting for something
2
...
Its idea of taking pic of your mom when she
was young and seeing hey I can see a similarity to what she looks like now
...
Identified the importance of legal profession in judiciary
...
If majority decides it
wants to go pass bill of attainder, judges would strike it down as unconstitutional
...
What the USA did was give the rest of the world idea of judiciary
...
Page 326-‐7 highlighted In 1830 the world was very big, countries are diff
from each other
...
Creating homogeneous world culture
...
POL 201 N
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2
...
We were a small time country
...
Workman becomes weaker, more limited,
more dependent
...
We don’t have ta welfare state, this was a warning to friends
of democracy
...
He preceded marks in this idea
3
...
Both growing,
advancing
...
Both different, paths never pass each
other
...
He foresaw the Cold War
...
He was dominant philosophy of soviet bloc
...
He put
together ideas that existed, in a new way to create a theory
...
T talked about the world making people more equal, and had more opportunity to participate
in politics and we would be world dominated by democratic countries
...
Idea that things are getting worse and worse
...
People saw their futures or future of their children
...
Same type of frustrations that Marx wrote about and why he appealed to working man in
Europe
...
Wrote for many of them, including NY Herald Tribute
...
− Shares with R that protection of property rights is only important for rich because
they’re the only who have property
...
He latched onto R’s argument
about how rich coopted the poor into social contract that protects property
...
If we only own labor, we are the employer (2)
Relations of production are relations of master servant
...
(4) This is the base of society
...
Our economic system determined by
companies who make things
...
Economics
comes before politics
...
Dependent on
economic system
POL 201 N
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History followed history
As technology changed, changes mode of production/means of production, and then this
change in means of production leads to change in economic base and eventually political
system
...
Ex: start with decentralized
...
Create fabricated goods, create the guild
system-‐ system of small proprietors
...
As
technology change increases, you have factory level and had more changes
...
Even though it was autocratic leaders
...
They became powerful, weren’t members of existing royalty and demanded a
political voice
...
Class of capitalists
are the bourgeoisie
...
Ex: because anyone could become successful economically, idea of dominant religion
had to be replaced
...
Religious pluralism
...
Classic change in law: status to contract
...
Employee: Means your master is responsible for taking care of you
...
More people became more
independent, we think its great – we don’t have to live at employers and eat their food, but if
you get fired, sucks for you
...
Predicted by T
...
Difference between self interest rightly understood – you understand everything will be good
for you but you still do things for others
Individualism: only doing things for other people when it helps you
...
In middle
ages, workers are used to making things on their own
...
Marx believes capitalism is powerful – economic forces have been hijacked by the bourgeoisie,
who are in control of means and forces of production
...
Proletariat have no source of income for other than their labor
...
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Most people in working class were told what to do by state (Plato) for Marx, analogy: they don’t
worry about state because they have small jobs, we only want to adopt few top people of
bourgeoisie
...
EFFECT:
Top 10% bourgeoisie
90% proletariat
capitalism is the rule of society by the people who possess means of production
...
Important they generate employment
...
Largely the ones who took care of their
workers
...
People are enslaved by machine… increasingly
separating of people of bourgeoisie _ successful, and everyone else who isn’t
...
So you have
unions
...
Form
union, and create reasonable workers with reasonable conditions
...
Establishes regulations on work 10 hour day movement
...
Workers compensation
...
Social welfare system: unions would say “if you get laid off you’ll get $ from state”
4
...
This gave workers
way to participate in politics
...
There will always be crises,
idea of over-‐production
...
Long series of crashing in
the 19th century
...
There will be group of enlightened members of bourgeoisie, and
they will become the leaders of proletariats, but members of bourgeoisie: they are called the:
(9) vanguard
...
Envision: 1% in charge, 99% working, vanguard would teach them how capitalism works
...
When police would kick them out, they would
convince police to join them
...
Same with military
...
They would occupy the property and take it over,
run it themselves crate new state called dictatorship of proletariat, or vanguards
...
Nationalized all ownership of means of production
...
So that people would only work 4 hours
a day and have time for their personal lives
...
List on page 359:
Revolutionary program:
#9 if people lived in village, wouldn’t be subjected to slums in cities
...
He doesn’t talk about the vanguard leaving their hierarchical
level
...
Wisest technocrats would have same job as Plato’s guardians
...
(10) 4 ways workers are estranged (361):
Effect of capitalism:
1
...
Now, you work in factory
...
2
...
Old days: you can choose how you want to work;
speed
...
But in factory you’re told exactly how to
pull down the leaver
...
Workers have no creativity
...
Separation between species
...
People
like doing things-‐ the like caring
...
Animals
will build nests, food, etc
...
You’re being separate from
being able to create fun stuff
...
You’re no longer so different because you’re man
4
...
Instead of helping each other we become competitive
with each other
...
We no longer have
freedom and must struggle with others to survive
...
Destroys the human community-‐ not just one of us becoming like horse and
mule…
Marx would describe factory the way Hobbes describes the state of nature
...
(11) Two types of capitalist mystification
...
Rouseuavien: we relate to others based on what they own
...
Your value is dependent on what you own
...
That’s how we think of success –
you think your value is based on what you own
2
...
that they worked hard, they did it
themselves
...
Really, mere ownership should come from labor
...
ROUSSEAU AND MARX agree on:
− Modern society prevents people form being themselves
...
Became slaves to those
who anted
o Marx: Excluded those who didn’t have property, so they became slaves of those
who had property
...
Only direct democracy is real democracy
o Marx: solution is not direct, but abolition of politics
...
There should be no need for
regulation/police… utopia
...
Evaluation of MARXISM
1
...
Hobbes: doesn’t matter what government gives you, always other people can be
themselves in private space
...
This was great for
poor people, because dictator wouldn’t care about poor
b
...
If it believes in wild distribution: can be
effectuated through direct democracy
...
Marx: workers should look forward of second coming as second type of
economic system, not upon control of capital, but based merely on labor
...
Marx emphasized importance of economics
...
Consequence of democracy is creation of capitalism
...
He reverses the causality that most people
believe in (most people believe that representative democracy causes capitalism)
3
...
a
...
Marx says what makes us human is not politics but free, un-‐coerced labor
...
Marx strong believer in idea of technological revolution – reformed 20th century
economics
...
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Analogize to Plato: unlearn before you learn
...
Strong believer that this is what motivated economic change
...
Weakest part: reliance on vanguard of bourgeoisie
...
They took advantage and said we are the
leaders
Title: Political Theory
Description: In reading the works of major political philosophers, such as Locke, Plato, Aristotle... bigger thematic questions were at issue: what is justice? Limits of Government? Source of Rights - natural or we created them? Does the best leader change us or leave us to our own devices? Professor Rozinski, Touro College
Description: In reading the works of major political philosophers, such as Locke, Plato, Aristotle... bigger thematic questions were at issue: what is justice? Limits of Government? Source of Rights - natural or we created them? Does the best leader change us or leave us to our own devices? Professor Rozinski, Touro College