• Thomas Aquinas
• Aristotle
• Jean Calvin |
• De Tocqueville 
• Hugo Grotius
• James I, "The Divine Right of Kings"|
• Thomas Hobbes 
• John Locke|
• Martin Luther
• Niccolo Machiavelli | 
• Baron Montesquieu| |NEW
• Plato |NEW

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.
2. Example: The farmer needs the builder, the builder needs the merchants; each citizen has a need for one another. More products will be available when each man is properly suited for his occupation.

1. The most qualified elders must have the authority. Rulers must always act for the the good of the commonwealth.
2. Young men known as "Auxiliaries" will enforce the Rulers' decisions.

1. The basic ideal states that in order for the state to be a success, then the citizen's are
not to possess any private property beyond the "barest necessaries."
2. Aim in establishing the commonwealth was not to make any particular class happy,
but to strive for happiness within the community as a whole.

D. The composition of a state

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.
2. Two important characteristics still remain to be addressed.

a. Temperance must be established within the community. Each man must have control of his emotions and his actions. 
b. Justice can simply consist of everyone minding their own business and not meddling in the affairs of others. The presence of justice within the commonwealth insures that wisdom and temperance will be present as well.

1. The same three characteristics that exist within the state exist within the soul also.
2. Example: "And so we call an individual brave in virtue of this spirited part of his nature, when, in spite of pain or pleasure, it holds fast to the injunctions of reason about what he ought or ought not be afraid of."

1. In order for women to be able to do the same tasks as men, then the women must be taught the same knowledge.
2. Some women will be fitted by nature to do certain jobs, while others will not. This depends on whether or not the women have the same qualities required of men that are selected for the jobs.

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."
2. The goal is for all citizens to feel universal emotions. These emotions are what creates their bond with one another.

1. Because of their desire for wisdom, philosophers would be the best choice to hold the positions as rulers.
2. Characteristics of a prospective leader

a. passion for knowledge
b. must be truthful and temperate in every aspect of life

1. Philosophers are only useful if the citizens make use of them.
2. The multitude can never really be philosophical on its own. Those individuals 
possessing the potential to be the philosophical rulers will stand out at an early age.

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.
2. It is the belief that until the philosophers are in power, neither states nor the  individuals will be acquitted of trouble. In this scenario, the imagined commonwealth will never be acknowledged. 

-Courage-warrior
-Reason-ruler
-Appetite (referring to satisfaction of physical desires) (laborer)

·       Plato believes that we should look at acommunity as a way of coming up with our own senses of justice. 
·       We should each have our own task for our societyto become as efficient as possible, and we must rely on each other for
themeans to complete our tasks. 
·       War is the conflict of desires between differentsocieties. 
·       The rulers should be the best of the society. 
·       The rulers should always act in the interest ofthe commonwealth even when it conflicts with their own interests. 
·       We must test the rulers through ordeals of toiland pain to see how they perform. 
·       The rulers must pass through the tests ofchildhood, youth, and manhood and those who come out unscathed are fit to
berulers over the commonwealth. 
·       We also need a religion to establish a divineright to rule. 
·       The commonwealth must keep the military educatedand content. 
·       We must keep the military focused on theirobjective instead of material wealth. 
·       A state should be allowed to grow only so far asit can increase in size without                      the loss of unity. 
·       A community needs to be in a cycle once itreaches a certain point. 
·       A state’s leadership must be wise, brave,temperate, and just. 
·       Plato argues that justice is the servitude ofthe strong to the weak. 
·       He also states that these four qualities existwithin the individual’s soul. 

Essence of Law
 Law is rule: Man is induced to act or restrained from acting through it. Law pertains to reason. He defines just as “which one adopted to produce and preserve happiness and its parts for the body politic.” Law holds the common good as its highest value.

Kinds of Law
 Law is a dictate of practical reason. Rule of God is called “Eternal Law.” Man’s law should respect and use God’s law as a guide. Because it is human nature for men to form differing opinions from other men, all laws should be in line with God’s law to prevent confusion in the people. Man’s law should mirror God’s law; in that way men can borrow the infallibility of God’s divine law. Tyrannical law is a perversion of the law as it is not based in reason.

Eternal Law.
 All laws must be derived from the Eternal law. All power comes from the lord God. Man shall be servants to God.

Natural Law
 The first precept of law is that good is to be done and ensued, and evil is to be avoided. All natural law is based on this. Man is naturally inclined to be good. Man has a natural inclination to know the
truth about God and live in society. Man is subject to the nature he shares with all other animals. Desire to preserve its own etc. A thing is said to belong to the natural law in two ways: First, because nature inclines thereto (example: that one should not do harm to another).
Second, because nature did not bring in the contrary.

Human Law
 Man is inclined to virtue. Some men are depraved and prone to vice, it is necessary for them to be restrained from evil by force and fear, in order that they might desist from evil doing. Through this those men may become virtuous. The force of law depends on the extent of its justice.
If at any point law deflects fro mthe law of nature it becomes a perversion of the law. Human laws should be proportionate to the common good. The purpose of human law is to lead men to virtue.
 Aquinas borrows from Augustine “The law allows and leaves unpunished things that are punished by divine providence”

Aquinas on Kingship
 Man is a social animal; therefore it is necessary for man to live in a multitude so each can assist his fellows. Because men will live together there must be some means by which the group can be governed. The aim of rulers should be to secure the welfare of those he governs.

Danger of Tyranny
 Tyranny is the worst kind of government. In a just government monarchy is better than aristocracy, aristocracy is better than polity. The opposite is true of an unjust government. Government must go to lengths to prevent tyranny. It is just and virtuous for man to kill a tyrannical king.

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:
1. those belonging to the kingdom of God and
2. those belonging to the kingdom of the world.

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:

• Kingdom of God-God is the only ruler
• Kingdom of the World- kings, princes, etc

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
if the prince prays and clings solely to God, God will grant him the power to carry out all laws, counsels, and actions in a proper and Godly way.

4 duties of a prince
toward god consists in true confidence and sincere in prayer
toward his subjects consists in love and Christian service
toward his counselors and rulers consists of an open mind and unfettered judgment
toward his evil doers consist in proper zeal and firmness

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. 

The Need for Government
Calvin criticizes many types of governments but insists that regulating power is important to not only the people but also to the leaders. We as citizens must respect the magistrates that have been placed in governing positions by God. Calvin believes that the leaders in place will work in accordance with God through the laws that they write. All laws are preposterous which neglect the claims of God and merely provide the interests of men.
For the minds of many lose their regard for equity and justice unless virtue be rewarded with due honor; nor can the violence of the wicked be restrained unless crimes are followed by severe punishments.

The Duty of Obedience
Obedience to magistrates who work for the public good is rendered by God. This includes submitting to their edicts, paying taxes, discharging public duties and bearing burdens for the common defense. 
Citizens should not dabble in public affairs. They should leave this to the ones appointed by God whether that be a legitimate king or an evil tyrant. This doesn’t seem right but we first should look at our transgressions against God to see if we as a people deserve these scourges. 
 
 

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. 

-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 =
"urn:schemas-microsoft-com:office:smarttags" />Italy to find its liberator, and he quotes Petrarch to conclude, as he is pushing his Prince to try and liberate Italy.  He states that this barbarous domination stinks in the nostrils of every one.

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 Prince
The Art of Politics
     Princes obtain their dominions with difficulty but retain them easily, and the difficulties which they have in acquiring their dominions arise in part from the new rules and regulations that they have to introduce in order to establish their position securely. 

     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
     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. 

     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. 

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
change. 

A ruler must use his own strength to get things done.  If he has to rely on the strength of others, he
has already failed.  He can use their strength,but he cannot rely on it. 

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
better chance of maintaining that power. 

If the nobles elect a ruler to power, he will have a harder time because the nobles will think
themselves equal to him and be impossible to rule. 

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
and ruthless. 

The people must both fear and love a ruler.  If he cannot be both, however, it is far safer to be feared,
for people are afraid to offend him.  Love without fear leads to comfort, and comfort leads to laziness.

A ruler may be loved and feared, but he must do everything in his power to prevent being hated.
Hatred leads to unrest, and unrest leads to guillotines. 

A ruler should only take a life for a just cause.  He should never take a man's land or
property after taking his life, because that causes intense grudges. 

There are two ways of fighting.  One can fight by law.  Law is the way of men.  Or one can fight by
force.  Force is the way of the beasts.  If law does not work, a ruler must be prepared to use force. 

A ruler must display five attributes: he must be human, faithful, merciful, religious, and sincere. The
most important of these five is religious, because it allows laws to be made in divine right and
prevents contestation of them. 

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. 

Curtis Volume 1- Hugo Grotius-The Rights of War and Peace 
Jamie Jordan, 2003 (Matt Glarrow's is below)

• 1583-1645
• was the official historian of the Dutch Republic at twenty
• chief magistrate of Rotterdam at thirty
• arrested and imprisoned as a leader of the Republican party
• escaped and fled to France where he wrote De Jure Belli ac Pacis (On the Rights of War and Peace)
• had been a lawyer for large commercial company engaged in international trade
• made probably the most influential contributions to international law
• above all concerned with the problem of war
• "War ought not to be started except for the enforcement of rights, and should be waged only within the bounds of law and good faith."

• Carneades
• "for reasons of expediency men imposed upon themselves laws, which vary according to customs and among the same peoples often undergo changes as times change; moreover that there is no law of nature, because all creatures, men as well as animals are impelled by nature toward ends advantageous to themselves; that, consequently, there is no justice, or, if such there be, it is supreme folly, since one does violence to his own interests if he consults the advantage of others.
• Does not mention any divisions of pacts among states. He divided all law into the law of nature and the law of particular countries.
• Ridicules justice as folly.
• "the national who in his own country obeys it’s laws is not foolish, even though, out of regard for that law, he may be obliged to forgo certain things advantageous for himself…."
• Grotius also notes that it is not human nature to look for the betterment of all or society. Animals as well do this. Also it certainly be taken for granted that all humans will do more than just look out for their own best interest.
• Municipal law
• It is the obligation of pacts that are the source from which the bodies of municipal law have arisen. This is because there is no "natural" way to accomplish such.
• Reinforcement of expediency
• We are forced to live together by our shortcomings which were designed by nature.
• Within States 
• The laws are made to benefit the inhabitants of that state
• However states cannot function alone and prosper; as people cannot function alone and prosper.
• Among States
• Certain laws should originate between all states for the advantage of all states (or a great many states)
• The original laws can be seen to have the advantage of the great society of states in it’s view.
• It is only logical that if it is not only advantageous, but also necessary for laws to exist within states that they should also exist among them.

• Why have International Relations?
• There is no state so powerful that it may not some time need the help of others outside of itself, either for purposes of trade or even to ward off the forces of many foreign nations united against it.
• Even the most powerful peoples and sovereigns seek alliances, which are quite devoid of significance to those who would confine law within the states.

The law of nations according to Dio Chrysostom ‘is the creation of time and custom.’

Curtis Volume 1- Hugo Grotius-The Rights of War and Peace
(Matthew F. Glarrow, 2001) 

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 believes that kings are above the law and held accountable only to God.

*When a king takes oath he promises three things:
1)To maintaine the Religion presently professed within their country, according
to their laws, whereby it is established, and to punish all those that should
press to alter, or disturbe the profession thereof.
2)To maintain all the lowable and good laws made by their predecessours:  to
see them put into execution, and the breakers and violaters thereof be punished
acoordin to the tenour of the same.
3)To maintaine the whole country and every state therein, in all their ancient
Priuiledges and Liberties, as well against all foreign enemies, as among themselves.
*and shortly a king should procure the wealth and flourshing state of his people.
*By law of the nature the king becomes a natural father to all his people.
** “And as the Father of his fatherly duty is bound to care for the nourishing,
education, and vertous gouernment of his children; even so is the king bound to
care for all his subjects.”
*Although the king is above the law, a good king will not only delight to rule
his subjects by the law, but even will conform himself in his own actions to the law.
        “a good king will frame all his actions to be according to the law”
*Since the king is not held to the law, one might ask who is he held accountable to. 
        ** the king is held accountable only to God because God is the only Judge for the king. 

Thomas Hobbes (1588 – 1679)
By Jason Rhodes, Fall 2006

o De Cive: Discussed the purpose and extent of civil power
o Leviathan: Concerns the structure of society.  He argues for a social contract and rule by a sovereign
? The Nature of Man

o He believed that the state power was a “mortal god to which we owe under the immortal God our peace and defense”
o Man desires power overall; riches, knowledge and honor are but different forms of power

? The State of Nature

o All men are created equal
o 3 causes of quarrel: Competition, Diffidence, Glory
o Defines war as: the time during which man lives without a common power 
o All other times are peace

? The Social Contract

o All men should be able to live without anything impeding their natural liberties

? Laws of Nature

o We are obligated to transfer our natural liberties to our rights
o Men perform their covenants made

? Men will follow through with their  promises
? Political Power

o Greatest of human powers is: that which is compounded by the powers of many men
o You will make a bigger statement with more people
o Representatives representing MANY people make a HUGE statement
o He states the laws of nature: Justice, Equity, Modesty, Mercy
And do unto others what you would have them do unto you
o He details a sovereign and a commonwealth
o He supports monarchal sovereignty because it keeps society stable

? Liberty and Law

o States that subjects should remain faithful until the sovereign loses the power to protect his subjects

? The Sovereign Power

o Sovereign’s power should be supreme
o All subjects must follow civil laws
o Civil law

? Those rules which the commonwealth hath commanded him, by word, writing, to make use at, for the distinction of right, and wrong; that is to say, of what is contrary, and what is not contrary to their rule

Thomas Hobbes
By: Krista Leachman Fall 2003

-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.
-People should not be trusted to make their own decisions.

-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.

Thomas Hobbes 
By Michael George, 2001

Leviathan
     The basis for agreement between men was not their common possession of reason 
     Any valid explanation of society and government must take account of the real nature of
     man 
     Man was the creator of his own society 
     Man was motivated by his appetites, desires, fear, and self-interest, seeking pleasure and
     avoiding pain 
     Since the powers men had were essentially equal, there was a natural strife as men sought
     to satisfy their desires 
     To escape this intolerable situation, where every individual lived for himself, and to obtain
     peace and order, men agreed to form a society 
     Men surrendered their rights of self-assertion in order to set up a power capable of
     enforcing its authority 
     They gave up their rights to defend themselves, made a social contract and created a
     sovereign 
     Order was secured by this sovereign 

    The Nature of Man 
     That which men desire, they are also said to love; and to hate those things for which they
     have aversion
     Because the constitution of a man's body is in continual mutation, it is impossible that all the
     same things should always cause in him the same reaction 
     The passions that most of all cause the difference of wit are the desire of power, of riches,
     of knowledge, and of honour 
     All of these can be reduced to the first, desire of power, for the rest are but several sorts of
     power 
     There is a general inclination of all mankind, a perpetual and restless desire of power after
     power, that ceases only in death 
     This is not only because man wants more and more power, but also because he cannot
     assure the power and means to live well 
     Kings, whose power is greatest, turn their endeavors to assuring power at home by laws,
     and abroad by wars 
     Competition of riches, honor, command, or other power, inclineth to contention, enmity,
     and war:  because the way of one competitor, for attaining his desire, is to kill, subdue,
     supplant, or repel the other 

   The State of Nature 
    Nature made men equal, in the faculties of body and mind; as that though there be found
     one man stronger in body or quicker in mind than another 
     For as to the strength of body, the weakest has strengh enough to kell the strongest, either
     by secret machination, or by confederacy with others that are in the same danger as himself 
     Therefore if any two men desire the same thing, which nevertheless they cannot both enjoy,
     they become enemies; and in the way to their end endeavor to destroy, or subdue one
     another 
     And because of this, there is no way for any man to secure himself 
     There are three principal causes of quarrel 
     The first is competition 
     The second is safety 
     The third is glory or reputation 

    The Social Contract 
     The right of nature is the liberyy each man has to use his own power as he chooses, for
     preservation of his own life 
     Liberty is the absence of external impediments 
     A Law of Nature is a general rule, found out by reason, by which a man is forbidden to do,
     which is destructive to his life, or takes away the means of preserving it 
     One general rule of reason is "that every man ought to endeavor peace as far as he has
     hope of obtaining it; and when he cannot obtain it, that he may seek, and use all helps and
     advantages of war" 
     The mutual transferring of rights, is that which men call Contract 

    Law of Nature 
       The laws of nature are immutable and eternal; for injustice, ingratitude, arrogance, pride,
     iniquity, acception of persons and the rest, can never be made lawful;  For it can never be
     that war shall preserve life, and peace destroy it

    Political Power 
       The greatest of human powers, is that which is compounded of the powers of most men,
     united by consent, in one person, natural, or civil, that has the use of all their powers
     depending on his will;  such is the power of the commonwealth 
     A commonwealth is when a multitude of men are made one person, when they are by one
     man, or one person, represented 
     The only way to erect such a common power, as may be able to defend the multitude from
     the invasion of foreigners, and the injuries of one another, and thereby secure them, is to
     confer all their power and strength upon one man, or upon an assembly of men 
     The commonwealth has power over everything 
     A sovereign power, whether monarchy or commonwealth is basically infallable 
     The care of the sovereign is to make good laws 
     A good law does not mean a just law, for all laws are just 
     A good law is one that is needful, for the good of the people 
     Therefore a law that is not needful is not a good law 
     A law may be conceived to be good, when it is done for the benefit of the sovereign;
     though it be not necessary for the people; but this is not so 
     The good of the sovereign and people cannot be separated 

His beliefs...
*  Knowledge was not innate nor revealed, nor resting on authority.
*  Any state is better than anarchy.
*  Power comes from the people, rulers were agents acting in the common good.
*  Political rights are not given to the propertyless.
*  Men being by nature all free, equal, and independent, no one can be put 
out of this estate and subjected to the political power of another without his consent.
 

the state of nature
that everyone is equal and they have to follow the same rules as everyone else

property
man can own land but not too much
"Nothing was made by God for man to spoil or destroy"

civil liberty
that people in society have liberty but there cannot be liberty without laws

social contract
in order for man to live in society, he must live by the same rules as everyone else

the end of society and government
basically directed to carry out the laws in order to secure safety peace of the people

the legislature power
it is the supreme power but it has limitations as well
society must give to the legislature to keep it running pay taxes

the separation of power
making and executing the laws needs to be separate because it is too much power for one person to have

the power of the people
if society is unhappy with the legislature they can also take it away

the possibility of resistance
once the legislature is established in the society there will always be a need for legislature.

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.
He wrote two books. The first was a critical satire of French politics called Persian Letters; the second was L’Esprit des Lois, from which our reading is taken. 

• ? Central thesis:  relativity of law; the actual words of a law are less important than the “spirit” behind them and the desire to use them for good or bad.
• ? Political beliefs:  everything is relative!! No one solution or govt. for every country, no one mold of civilization, govt. is formed by the conditions it arises to address given its particular country’s characteristics and must be judged on its responses to it’s particular demands and adaptation to its specific set of conditions. 

o Republican – the ppl. , partly or wholly, are sovereign (requires virtue)
o Monarchial – one person rules by firmly established laws (requires honor)
o Despotic – one person rules by his own will and whim (requires fear)

o Nature of govt. – its structure and make-up
o Principle of govt. – way in which it acts, the values and passions it supports
o Laws should relate to both equally

o Democracies fail when there exists too much or too little equality
(importance of moderation)
o Aristocracies fail when the nobles base their actions on personal whim rather than political laws

o Republics – small area
o Monarchial - moderate size 
o A large empire demands despotic govt.

o more practically exercised through representatives who meet frequently
o Divided into 2 parts, each armed against one another with the veto power

o should belong to a monarch to avoid mixing with the legislative bodies
o power to reject legislation; no share in public debate
o executive must control the army, but be kept from its loyalty
o legislature should not have power over executive but may examine actions
o legislature may not accuse or try him based on “person” nor “conduct”

o nobility should be tried before the legislature which is composed of nobles
o the legislature reserves the power to lessen sentencing
o the legislative part which represents the ppl. must bring charges of impeachment before the legislative part which represents the nobility

o cold = strong & smart, warm = lazy & dumb
o fertile soil/flat land = desired & easily conquered
o mountainous = easily defended & since they have so little, they risk everything to keep what they have

•  Montesquieu displayed more interest in writing about law than in practicing law.
•  Believed that there was no one method in management that could be applied to all countries. ( For there are different ways of being civilized)
•  Believed that proper organization of a country depended on time, physical conditions, climate, and traditions of each country.
•  Launched what is known as the orthodox (standard) method of deliberating governmental organization.
•  Believed that if a person from either or the executive branch of government is exercised by the same individual or assembly liberty would be threatened. (Separation of powers each branch of government contains different personnel as well as exercising different functions.
•  His thinking influenced the writing of the Constitution.

•  The laws of each nation should be in relation to the nature and principle of each government: whether they form it, as may be said of public law; or whether they support it, as in case of civil institutions.

•  Believed that there are three species of government: republican, monarchical, and despotic (autocratic).
•  Republican: the or only a part of the people posses supreme power
•  Monarchial: a single person (hereditary) governs by fixed and established laws
•  Despotic: a single person directs everything by his own will and caprice

•  Believed that colder regions held people who were more uptight and that warmer climates held people who were more laid back and the government should be mindful of this when establishing laws for it’s citizens.

-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