(Lauren Mitchell, 2000)
(other versions below.)
A. Development of the state
1. States come about because we all have needs. We gather a group of people together where each individual has the ability to satisfy other individuals' requirements for living.B. Who should rule?
1. The most qualified elders must have the authority. Rulers must always act for the the good of the commonwealth.C. How should the citizens live?
1. The basic ideal states that in order for the state to be a success, then the citizen's are
1. Wisdom within the state is very important. Wisdom will come from the knowledge that resides in the smallest part, the leaders that govern the rest.E. The composition of the soul
1. The same three characteristics that exist within the state exist within the soul also.II. The Three Waves
A. Equality of women
1. In order for women to be able to do the same tasks as men, then the women must be taught the same knowledge.B. The abolition of the family
1. Throughout the commonwealth no one man and no one woman are to live together privately. "...Wives are to be held in common by all; so too are the children, and no parent is to know his own child, nor any child his parent."C. Philosophers must be kings
1. Because of their desire for wisdom, philosophers would be the best choice to hold the positions as rulers.D. Is the philosopher useless?
1. Philosophers are only useful if the citizens make use of them.E. Is the philosopher-king possible?
1. If the philosopher is concerned with the order of the world, then he has the ability to become godlike; however, even with the acquisition of such status there will still be room for doubt and criticism within the commonwealth.
Jonathan Lyons, 2006
-Plato concerned himself with fundamental questions like the meaning of justice, the right kind of life, the makeup of the human personality, and the purpose of political association.
-Plato describes the state as necessary to meet the needs of every individual. The state results from no individual being self-sufficient, individuals “lean” on one another for certain amenities.
-Plato believed the Athenian ideal of all citizens being involved in politics was ineffective; he believed ruling was a craft needing a group of trained rulers
-Plato believed that wisdom in the state is vital, and that wisdom comes from those who lead. Plato thought that elders (Guardians) should have authority and do what is best for the state, with younger men “auxiliaries” to enforce the rules of the elders.
-Guardians should have no earthly possessions and should live in a communal fashion, sharing meals together. Guardians should not have wives either, and upon the finding of a Guardian to have more than he should then he shall be sent back to the general population.
-The three elements of the soul were related to class and to the function of individuals in the state
-Courage-warrior-Plato believed that at birth certain individuals are identified as being spiritually enhanced with gold, silver, or brass (iron). Depending on the precious metal each person carried, they would be taught as this.
-Plato sought equality for men and women, he believed that in order for women to be on an equal plateau with men they should be taught what men are taught. Plato thought that the family should be abolished: Wives are to be held in common, children are not to know their parents. Plato thought that this would create universal emotions that would bond the commonwealth.
By Gabriel Thorn, 2002
Plato believes that we should look at acommunity as a way of coming up
with our own senses of justice.
St. Thomas Aquinas
by Rick Riley, Spring ’09
I. The Essence of Law
- It is a rule and Measure of the acts of manII. Various Types of Law
- Law is a dictate of reason coming from a ruler or gov’tIII. Eternal Law
- Eternal law is a type of divine wisdom directing all actionsIV. Natural Law
- First priority of natural law is to do good and avoid evil.V. Human Law
-Perfection of virtue is attained by trainingVI. Power of human law
-most people living under human law are not perfect in virtue
compromised the two conflicting viewpoints.
Essence of Law
Kinds of Law
Aquinas on Kingship
Danger of Tyranny
Sierra R. Turner, 2004
Luther advocated obedience to secular power. There was no possibility of resistance to authority, or of reconstruction of society.
Says that all the children of Adam should be separated
into 2 classes:
Those belonging to the kingdom of God are all true believers in Christ and are subject to Christ. These people need no secular sword or law.
All who are not Christians belong to the kingdom of the world and are under the law. Since few believe and still fewer live a Christian life, do not resist the evil, and themselves do no evil, God has provided for non-Christians a different government outside the Christian estate and God’s kingdom. ….
Every kingdom must have its own laws and regulations, and without law no kingdom or government can exist, as daily experience sufficiently proves.
God’s kingdom is a kingdom of grace and mercy, not of wrath and punishment. In it there is only forgiveness, consideration for one another, love, service, the doing of good, peace, joy, etc. But the kingdom of the world is a kingdom of wrath and severity. In it there is only punishment, repression, judgment, and condemnation, for the suppressing of the wicked and the protection of the good.
he basically divided the classes of people in these two categories:
Luther feels that secular power forces souls to external death because the law is not the law of God, and then the followers of those laws believes in lies and errors and counts that right which is wrong.
The Kingdom of God is of grace and mercy not wrath and punishment only forgiveness consideration for another, love, service, good , peace, and joy.
The Kingdom of the World is of wrath and punishment. In it is only punishment, repression, judgement, and condemnation and for the protection of the good.
He also says for people who confuse these two kingdoms and put god with wrath and world with mercy is like putting god in hell and the devil into heaven.
Laws for the Princes
4 duties of a prince
1. The first part is that the consciences of believers, when seeking an assurance of their justification before God, should raise themselves above the law and forget al the righteousness of the law.
2. The second part of Christian liberty, which is dependent on the first, is that their consciences do not observe the law, as being under any legal obligation; but that, being liberated from the yoke of the law, they yield a voluntary obedience to the will of God.
3. The third part of Christian liberty teaches us that we are bound by no obligation before God respecting external things, which in themselves are indifferent, but that we may indifferently sometimes use and at other times omit them.
Man is under 2 kinds of government- one spiritual, by which the conscience is formed to piety and the service of God; the other political, by which a man is instructed in the duties of humanity and civility, which are to be observed in an intercourse with mankind. They are generally, and not improperly, denominated the spiritual and the temporal jurisdiction, indicating that the former species of government pertains to the life of the soul, and that the latter relates to the concerns of the present state, not only to the provision of food and clothing, but to the enactment of laws to regulate a mans life among his neighbors by the rules of holiness, integrity, and sobriety.
The authority possessed by kings and other governors over all things upon earth is not a consequence of the perverseness of men but of the providence of holy ordinance of God, who has been pleased to regulate human affairs in this manner; for as much as he is present, and also presides among them, in making laws and in executing equitable judgments.
The first duty of subjects toward their magistrates is to entertain the most honorable sentiments of their function, which they know to be a jurisdiction delegated to them from God, and on that account to esteem and reverence them as God’s ministers and vicegerents.
"Where there is no vision, the people perish."
A kingdom not ruled by God is deceived by thinking they will have lasting prosperity.
The Idea of Christian Liberty
Christian Liberty consists of three parts:
1. The consciences of believers, when seeking an assurance of their justification before God, should raise themselves above the law and forget all the righteousness of the law. (Divine mercy alone, law leaves no man righteous and no small or big works will fix the debt which he owes to the whole law)
2. Their consciences do not observe the law, as being under any legal obligation; but that, being liberated from the yoke of the law, they yield a voluntary obedience to the will of God. (Law requires perfect love and we are incapable under the law to give perfect love)
3. We are bound by no obligation before God respecting external things, which in themselves are indifferent, but that we may indifferently sometimes use and at other times omit them. (We must be able to see the gifts that God has given us and use them accordingly)
…Let all men, in their respective stations, whether of poverty, of competence, or of splendor, live in the remembrance of this truth that God confers his blessings on them for the support of life, not for luxury…
Then Calvin says that our liberty should be used in loving our neighbors.
Man is under two kinds of government—one spiritual, by which the conscience is formed to piety and the service of God; the other political, by which a man is instructed in the duties of humanity and civility, where are to be observed in an intercourse with mankind.
The Need for Government
The Duty of Obedience
-Niccolo Machiavelli was a Florentine Renaissance
man, who in writing The Prince, sought to abolish religious or other emotional
factors from political practice.
-He is an outstanding example of a “Renaissance man,” because of his work as a diplomat, political philosopher, musician, and playwright, but, foremost, a civil servant of the Florentine Republic.
-Machiavelli believes that politics should be argued from a strictly political viewpoint, eliminating theological and moral arguments.
-Machiavelli is greatly opposed to the church, believing that it causes men to be humble, and thus weakening their ability to lead.
-Machiavelli wrote The Prince when he was 44 years old, but it was not published until five years after his death.
-The Prince's contribution to the history of political thought is the fundamental break between political Realism and political Idealism.
-Machiavelli wrote that “how we live is so far removed from how we ought to live, that he who abandons what is done for what ought to be done, will rather learn to bring about his own ruin than his preservation.”
-Machiavelli believed that a prince should make himself feared and avoid hatred.
-He lists two methods of fighting, one by law, and the other by force. Although he says “the first is of men, and the second of beasts,” moreover, he also says that “it is necessary for a prince to know how to use both.”
-His beliefs require the prince, or leader, to be a public figure above reproach, while privately acting without moral standards to achieve state goals.
-In his work, Discourses, he lists ways a republic should be started and structured, including the concept of checks and balances, the strength of a tri-partite, or a three branch, political structure, and the superiority of a republic over a principality.
The Prince, not officially published until 1532, achieved immediate success. Machiavelli advocated the use of history….
Machiavelli’s name has become synonymous with the devil largely because of his argument that evil means were sometimes necessary to achieve desired ends, that cruelty, deceit, terrorism, ruthless use of force and treachery were all permissible, desirable, on occasion.
Machiavelli had little interest in spiritual matters, none in theological. His was a public, not a private philosophy. His interest in religion was solely political. A prince did not have to be religious, but it was important for him to appear so.
Much of Machiavelli’s writing is considered with the need for a strong army, for a national militia, and the bringing to an end of the mercenary system.
In taking a state the conqueror must arrange to commit all his cruelties at once, so as not have to recur to them every day, and so as to be able, by not making fresh changes, to reassure people and win them over by benefiting them.
There are two methods of fighting, the only by law, the other by force: the first methods is that of men, the second of beasts; but as the first method is often insufficient, one must have recourse to the second. It is therefore necessary for a prince to know well how to use both the beast and the man.
Machiavelli asks the question whether it is better to be love more than feared, or feared more than loved. The reply is, that one ought to be both feared and loved, but as it is difficult for the two to go together, it is much safer to be feared than loved, if one of the two has to be wanted.
Princes and republics who wish to maintain themselves free from corruption must above all things preserve the purity of all religious observances, and treat them with proper reverence; for there is no greater indication of the ruin of a country than to see religion condemned.
Niccolo Machiavelli The Prince and The Discourses
-The Art of Politics- Those who become Princes, obtain their power with difficulty but retain that power quite easily. There is nothing more dangerous of difficult, than to initiate a new order of things. The reformer has enemies in all those who profit by the old order, and only lukewarm defenders in those who would profit by the new order.
-The new reformer will be attacked whole heartedly by partisans, and only half heartedly defended by new supporters, thus it is necessary for him to institute force to keep these people from overthrowing him, and that is the only way to success.
Once the reformer has overcome the doubt, and is looked upon with some veneration, and has suppressed those who envied him, they will remain powerful and secure.
-In taking a state, the conqueror must commit all of his cruelties at once, so not to have hem recur every day, thus he may then spend time benefiting the citizens.
-He who becomes prince by way of nobility has a tougher time maintaining it than one who is raised by the populace.
-It is necessary for a good Prince to learn how not to be good, and he must use this knowledge and not use it, depending on the situation.
-Is it better to be feared or loved? Machiavelli says that ideally it would be nice to be feared and loved; however, since the two rarely ever go together, it is much safer to be feared than loved.
-He says that it is safer to be feared than loved because, people are fickle, and if you are doing well and prospering, then they will give you their blood, loyalty, and even children; but, if times go badly, then they will revolt. Thus, friendships with the populace are dangerous.
-Still a Prince, if he is to be feared rather than loved, should atleast make sure that he is not hated.
Machiavelli explains that there are two methods of fighting: by law and by force, the first method is that of men, the latter is of the beast.
-Sometimes, fighting by law is insufficient, and so the Prince must know how to rely on the second method. He should know how to fight like a man and a beast.
-He uses Alexander VI, as an example of the prince who deceived his people, but he was more successful than many, thus it is necessary for a prince to be able to deceive.
-Machiavelli says that a prince must SEEM to have these qualities, mercy, faith, integrity, humanity, and religion.
-Thus, he says that a prince must concentrate on conquering and maintaining the state, and however he does this, the end will justify the means.
-Machiavelli also explains about the political value of Religion, by saying that Princes and Republics who wish to maintain themselves free from corruption must above all things preserve the purity of all religious observances, and treat them with the proper reverence
He says that there is no greater indication of a country’s ruin, than the condemnation of its religion. A prince must uphold the foundation of religion.
-Machiavelli is a strong anti-cleric, and he believes that if the Christian religion had been maintained according to the principles of its founder, then governments and states would be more united. He says that Italians owe the Church of Rome for becoming irreligious and bad.
-He also makes a comparison with Pagan religion, when he says that Pagan religions, supported those chieftains and warriors who achieved great glory on the battlefield, however, Christianity encourages men to be humble, and feeble in exchange for Paradise. Men of Paganism would try more for material needs and thus would be stronger individuals.
-He says that lack of education, and the false interpretation of their religion that has led to the lessening of the amount of republics.
-Concluding, Machiavelli says that now is the right
time for <?xml:namespace prefix = st1 ns =
Thus, Machiavelli often took a realistic rather than idealistic view of how a Prince should rule, but these principles have stood the test of time even till today.
The political development of the Renaissance was a secular concept of the state, "the state as a work of art," in which
decisions were determined by political, not religious or chivalric criteria
The Prince achieved immediate success
The achievement of Machiavelli was "opening up a new route," eliminating theological and moral argument, taking the secular state for granted, and inquiring scientifically into its behavior.
Machiavelli advocated the use of history as example; since human nature remained unchanged throughout history, historical situations repeated themselves, and therefore general laws of political behavior could be deduced from the past.
Political activity, to be successful, had to take account of these laws and base itself on imitation of great men.
Machiavelli was the first writer to use raison d'etat as an explanation and defense of political action.
The reformer has enemies in all those who profit by the old order, and only lukewarm defender in all those who would profit by the new order.
All armed prophets have conquered, and unarmed ones failed; for the character of peoples varies, and it is easy to persuade them of a thing, but difficult to keep them in that persuasion. And so it is necessary to order things so that when they no longer believe, they can be made to believe by force.
In taking a state the conqueror must arrange to commit all his cruelties at once, so as not to have to recur to them every day, and so as to be able, by not making fresh changes, to reassure people and win them over by benefitting them
Benefits should be granted little by little, so that they may be better enjoyed.
A prince must live with his subjects in such a way that no accident of good or evil fortune can deflect him from his course.
Of all things that a prince must guard against, the most important are being despicable or hated, and liberality will lead you to one or the other of these conditions.
Machiavelli asks the question whether it is better to be love more than feared, or feared more than loved. The reply is, that one ought to be both feared and loved, but as it is difficult for the two to go together, it is much safer to be feared than loved, if one of the two has to be wanted.
A prince should make himself feared in such a way that if he does not gain love, he at any rate avoids hatred; for fear and the absence of hatred may well go together,a nd will be always attained by one who abstains from interfering with property of his citizens and subjects or with their women. And when he is obliged to take the life of any one, let him do so where there is a proper justification and manifest reason for it; but above all he must abstain from taking the property of others, for men forget easily the death of their father than the loss of their patrimony.
It is very laudable for a prince to keep good faith and live with integrity, and not with astuteness.
There are two methods of fighting, the one by law, the other by force: the first method is that of men, the second of beasts; but as the first method is often insufficient, one must have recourse to the second. It is therefore necessary for a prince to know well how to use both the beast and the man.
A prince being thus obliged to know well how to act as a beast must imitate the fox and the lion, for the lion cannot protect himself from traps, and the fox cannot defend himself from wolves. One must there fore be a fox to recognize the traps, and a lion to frighten the wolves.
It is not necessary to have all of the qualities needed to be liked, but it is necessary to seem to have them
Thus it is well to seem merciful, faithful, humane, sincere, religious, and also to be so; but you must have the mind so disposed that when it is needful to be otherwise you may be able to change to the opposite qualities.
The Political Value of Religion
It is therefore the duty of princes and their countries, for then it is easy to keep their people religious, and consequently well conducted and united.
Gabe Thorn, 2002
It is difficult for a ruler to begin a new system because itis very difficult to begin a new system.
After the new system is initiated, however, it is maintained with relative ease.
New laws are hard to implement because the people
who benefit from the old laws protest the
A ruler must use his own strength to get things
done. If he has to rely on the strength of others, he
You can make men believe in something if you order them to.
If the majority of the people governed support
a ruler orraised him to power then he will have a much
If the nobles elect a ruler to power, he will have
a harder time because the nobles will think
The goals and aims of the common people are more virtuous and honest than those of the nobility.
A ruler must seem noble and honorable, but at the
same time he must know when to be dishonest
The people must both fear and love a ruler.
If he cannot be both, however, it is far safer to be feared,
A ruler may be loved and feared, but he must do
everything in his power to prevent being hated.
A ruler should only take a life for a just cause.
He should never take a man's land or
There are two ways of fighting. One can fight
by law. Law is the way of men. Or one can fight by
A ruler must display five attributes: he must be
human, faithful, merciful, religious, and sincere. The
If a ruler wishes to keep corruption out of the society, religion is a very important factor. If a populace is deeply religious, they will be united by their morals.
It is a proven fact that when religion begins to decline, so does the civilization.
By Blair Casebere, Spring 2015 (other versions below)
The body of law is concerned with the mutual relations among states.
Out of the source of pacts, bodies of municipal laws have arisen.Relationships between one another is what governs the nature of law.
Individuals on their own are quite week.Carneades categorized all laws into the law of nature or the law of particular countries.
Carneades wrongly ridicules justice as folly.Though law is natural it is not entirely void of effort.
Justice is a protector.Human law is either 1.) municipal law, 2.)broader in scope that municipal law, or 3.)more restricted than municipal law.
1.) Municipal law is what emanates from civil power.
*Grotius - The Rights of War and Peace*
* The controversies which arise between peoples
or kings generally have the use of force and war as their referee.
- He also stated that there is no law of nature, because all creatures, men and animals, are driven by nature to do that which is advantageous to them.* Grotius says that man is an animal, but of a superior kind.
* One of the traits of man is a desire for a peaceful society and social life that is organized according to his intelligence—the Stoics called this “sociableness.”
* The mature man has knowledge and he is prompted to conduct certain actions when certain conditions arise. This adds to his desire for society and to satisfy that desire man possesses speech. He can know and act in accordance with general principles. So, he can follow rules. This is not common to all animals, but just man.
* The maintenance of the social order is the source of law. This sphere of law includes the ideals that one should leave alone what is another’s and the restoration to another of anything of his which we may have, together with any gain which we may have received from it, the obligation to fulfill promises, and the infliction of penalties on men who break the law.
* Man also holds a power of discrimination that enables him to decide what things are agreeable or harmful. Other creatures do not.
* This kind of law is derived from nature. Grotius says there is also another source, that of the free will of God.
- This tells us that we must obey, teaches us to obey.* God has made those fundamental traits more abundant, even to those who are less intelligent. He forbids us from yielding to impulses which draw us in opposite directions and that affect our own interest rather than the interest of others, so that our violent impulses are restrained within the proper limits.
* The nature of man leads us into the mutual relations of society and that’s the mother law of nature. The mother of municipal law is the obligation that arises from mutual consent and it derives its force from the law of nature—so the law of nature is the grandmother of municipal law.
* The laws of each state have in view the advantage of that state, and by mutual consent certain laws should originate between states. These laws have the advantage of a great society of states in mind. This is the law of nations.
* Carneades did not acknowledge this division; instead, he divided law into the law of nature and the law of particular countries. So, when looking at laws which are maintained between states he looked to war and things acquired by war.
- But Grotius says that the state which transgresses the laws of nature and of nations cuts away the ties which safeguard its future peace.* Justice brings peace of conscience while injustice causes torments and anguish. Justice is approved and injustice condemned by the common agreement of good men.
* Many believe that the standard of justice which is upheld by individuals within the state is not applicable to a nation or the ruler of a nation.
- Grotius disagrees. He says that there is no state so powerful that it may not sometime need the help of others outside itself, either for trade, or to ward off forces of other foreign nations.*If no association of men can be maintained without law, then obviously an association which binds together the human race or many nations together, NEEDS law.
* He concludes going back over the hierarchy of laws.
- Human law is either municipal law, or broader, or more restricted
-subject to be dealt with here is that law which is concerned with the mutual relations between states and the rulers of states ( because very few have touched on this subject.).
-Carneades argues there is no law of nature, because all creatures are impelled to seek ends which are advantageous to themselves.
-a mature man with knowledge also considers the well being os his offspring as well as the well being of those around him, more so than he is concerned with himself.
-“...maintenance of the social order... is the source of law.”
-Sources of law: nature, free will of God
-a rule of the law of nature is for men to abide by pacts (method of obligating themselves to one another.).
-“the law of nations”- law which originates in a view which is advantageous, “...of the great society of states,” rather than an advantageous view of one particular state.
-individual must sometimes forfeit their rights for what is best for a greater cause- the nation.
-“great states... contain in themselves all things required for the adequate protection of life.”
-“...law is not founded on expediency alone, “ no state is so powerful that it will never need help with its trading, or protection from outside enemies.
-the principles of the law of nature are clear.
-testimony of philosophers, historians, poets, and orators is one means which Grotius uses to prove the existence of the law of nature.
-distinguishing between the laws of nature and the law of nations is not always easy.
-Human Law may sometimes be Municipal Law, or it may be bigger in scope or more restricted in scope than Municipal Law. “Municipal Law is that which emanates from civil power. The Civil power is that which bears sway over the state.”
-The Law of Nations (“law which has received its obligatory force from the will of all nations, or of many nations.”) is broader in scope than municipal law
James I, “On Divine Right”
notes by Chanley Rainey, Fall 2008
• Monarchy is divinely ordained, king is accountable only to God, & is owed complete obedience
• This theory was challenged by Sir Edward Coke, Lord Chief Justice (among others) who claimed that the common law tradition did impose limits on the royal rightsThe True Law of Free Monarchies
• Written in 1589, 5 years before James would become King of England
• Claims Holy Scripture, the “fundamental Laws” of England, and the law of Nature as his supporting authoritative sources
• Laws of Nature
o King is like the head of the body• England’s laws- From him all judgment and foresight flowso King becomes a “naturall Father to all his lieges at his coronation”
o Coronation• Scripture- Claims it is an oath they give to God, not to their subjects, citing the Judeo-Christian tradition of hereditary monarchyo As it is unlawful for vassals to control or displace their lords and for citizens to displace their magistrates, it is so much more unlawful for the subjects to overthrow their king
o “Kings are called Gods by the prophetical King David”• King’s rights
o The king has ownership of all the lands and thus the master, having power over life and death, of every person that lives on the land of his kingdom
James I believed that the duties of a Prince are outlined in the Scriptures…..
By the Law of Nature the King becomes a natural “father” to all of his kingdom requiring him to care for the “nourishing, education, and virtuous government of his children= the king is required to care for all of his subjects.
The state of monarchy is the supremest thing upon earth...
Kings are often held on the same pedestal as gods because they are said to exercise a manner or resemblance of divine power on earth.
God has power to create, or destroy, make, or unmake
at his pleasure, to give life, or send death, to judge all, and to be judged
nor accountable to none: to raise low things, and to make high things low
at his pleasure, and to God are both soul and body due. And the like
power have Kings; they make and unmake their subjects: they have power
of raising, and casting down: of life, and of death: judges over all their
subjects, and in all causes, and yet accountable to none but God only.
James I, "The Right of Kings"
*James I believes that kings are above the law and held accountable only to God.
*When a king takes oath he promises three things:
o De Cive: Discussed the purpose and extent of civil powerSubjects have to follow the rules of the sovereign in order to have a stable society
-Hobbes neglected the concept of sovereignty
-He rejects Cartesian dualism and believes in the mortality of soul.
-rejects free will in favor of determinism, a determinism which treats freedom as being able to do what one desires.
-He says that men in a state of nature, that is a state without civil government, are in a war of all against all in which life is hardly worth living.
-The way out of this desperate state is to make a social contract and establish the state to keep order and peace.
-Because of his view of how nasty life is without the state, Hobbes subscribes to a very authoritarian version of the social contract.
-He believed that humans were basically selfish
creatures who would do anything to better their position.
-despite his distrust of democracy, Hobbes believed that a diverse group of representatives presenting the problems of the common person would prevent a king from being cruel and unfair.
Wrote Leviathan, explaining the creation and preservation of an authoritative government
Within Leviathan, Hobbes discusses the nature of man, the state of nature, the social
contract, the laws of nature, political power, liberty and law, and the sovereign power
It is the most logical, systematic treatise in British political theory
The Nature of Man
The State of Nature
The Social Contract
Law of Nature
By: Marie Wilkerson, 2003
The State of Nature
-Naturally all men are in a state of equality; without subordination or subjection
-They should have the freedom to do their actions and use their possessions as they see fit
-no person should have more than another
-Every man has the right to own his own property
*the labour of his body and of his hands are properly his
-Men can own land but it has limits also
*as much land as a man can work himself is his
"Nothing was made by God for man to spoil or destroy"
-People in the society have liberty but there cannot be liberty without laws.
-Liberty is acting accordingly to a mans own will and instructed by laws.
-In order for man to live in society together, all the men must agree live by the same rules.
-The original contract is agreed on during the first entering into the community.
-A son doesn't necessarily receives his father's possessions unless he is part of this community.
The End of Society and Government
-Fears and continuous danger makes man want to enter a government, although he is free
-The legislature is directed to carry out the laws in order to secure safety peace of the people
The Legislature Power
-The legislature is the supreme power of the commonwealth but it has limitations as well.
-A society must fund the government that protects them, in order to keep it running
-The society must pay taxes pay taxes. ( a majority consent)
The Separation of Power
-The making and executing the laws needs to be separate because there is much power in the
hands of on man to have power over the people. (executive, federative, and legislative)
-If society is unhappy with the legislature, they can reform it
The Possibility of Resistance
-Once a government or legislature is established a society there will always be a need for it.
-The commonwealth or the people who give it form, life, and liberty.
-The government may dissolve is the supreme executive power neglects and abandons the
Locke was in political exile several times
He used many of his ideas concerning epistemology to back up his political theories.
Disagreed with Descartes and many other philosophers about this.
Many say that he contridicts himself in his work.
(Todd Kelser, 1998)
the state of nature
the end of society and government
the legislature power
the separation of power
the power of the people
the possibility of resistance
By: Chanley Rainey, Fall 2006
Montesquieu shared with the Philosophes
(a French group of enlightened political thinkers) an intense opposition
to slavery and despotism and the abusive powers of the church, as well
as a demand for humane law and much needed tax reform. He was distrusted
by this group, however, b/c he rejected their ideas about the natural rights
of man and the social contract on the grounds that man was not an abstract
creature, similar under all conditions.
The Spirit of the Laws
Laws must be considered as they relate to other laws, the problems they are meant to address, the intent of the legislatures who constructed them, and also the events surrounding them – the combined effect of these related factors is the “spirit” of laws.
The Principles of Different Systems
? Defines only three species of govt.:
o Republican – the ppl. , partly or wholly, are sovereign (requires virtue)? Differentiates b/w the nature of govt. and the principle of govt.:
o Nature of govt. – its structure and make-upThe Corruption of the Principles of the Three Governments
? “The corruption of every govt. generally begins w/ that of its principles.”
o Democracies fail when there exists too much or too little equality? Montesquieu also insists on the significance of the size of the state in relation to which type of govt. it should employ
o Republics – small area? insists that a govt. must change its “nature” according to its size
? exists only where there is no abuse of power so “power should be a check to power” (familiar?)
? 3 powers inherent in every form of govt. which must be separated
? legislative power, the executive power of the state, and the judicial power
? judicial – elected for short terms
? executive and legislative - may be elected permanently
? Legislative power
o more practically exercised through representatives who meet frequently? Executive powers
o should belong to a monarch to avoid mixing with the legislative bodies(this would have been the difference b/w Nixon & Clinton had Nixon not stepped down)
? Judicial & legistative should not mingle but for 3 exceptions
o nobility should be tried before the legislature which is composed of noblesClimate and the Laws
? Categorizes men by their environment
o cold = strong & smart, warm = lazy & dumb? Advises that customs be changed by introducing and encouraging new custom rather than by force of law
Baron de Montesquieu
"The Irresistible Revolution"
By Russ Barnwell, Fall 2009
-De Tocqueville believed that a new era dawned with the French Revolution
-De Tocqueville was an admitted aristocrat, but he recognized that aristocrats were becoming a thing of the past.
-The movement towards equality was a universal trend with America at its forefront. De Tocqueville believed that movement towards equality could create uniformity, thus destroying liberty.
-Power of public opinion would lead to lesser individuality and therefore more mediocre individuals instead of outstanding ones.
-De Tocqueville argued the need for local self-government, decentralized administration, widespread ownership of property, and for voluntary associations to maintain political liberties, to obtain stability and to guard against the tyranny of the majority and the demands of authority