Enlightenment Discussions of Government Chapter 2 Flashcards
what did the growth of the of the state mean for administration?
the separation of ruler from the administrative state
as the administration develops, it requries more ppl who have education
- ppl trained to be loyal to the functioning of the state
development of the separate state
war technologies = continuous standing armies
- soldiers in uniform
- supply systems to pay, feed, and house soldiers
who were the 3 enlightenment thinkers who discussed what constitutes good government? what did they say?
John Locke ( second treatise on government)
- having absolute monarchy is dangerous
- ppl are resonable in nature
- enter into an implicit contract which is intended to serve interests of the ppl
- good gov requires checks on monarch
Hobbes
- men are violent, selfish, and constantly fighting
- constant struggle for means of existence and possession of goods
- reason for govs and monarch is to instill order
- state authority absolute
Baron de Montesquieu (the spirit of the laws)
- diff levels of gov that function independently
- established legislature and justice dept. in Bourdeux
- persian letters -> getting perspective from outside ones own experience (think critically)
- religion from position of argument rather than holiness
Spirit of the laws was written in ____
1748
the spirit of the laws argues from a position of
experience and observation
what does the spirit of the laws state are critical for government?
The separation of powers
- Legislature
* responsible for making laws - Executive
* responsible for administration of laws
(NOTE: the 2 are separate functions; those making the laws should NOT be the ones implementing them)
- Judiciary
* test validity of the laws
What were the 3 forms of Gov that Montesquieu talk about int the spirit of the laws?
Republic (virtue)
- no king -> citizens whos views were represented with democratic process
- only possible in small political units
despotism (fear)
- rule constrained by law
- Despotic leader can rule on his own will without checks on his power
- eastern and russian nations represent this gov
Monarchy (honor)
- checks on monarch
- gov with a king with significant influence BUT cant do what ever he wants
- houses of parliament to check power
- intermediary powers
prior to the legal reform, how was the judiciary responding to crimes?
- trial and execution of Robert Damiens 1757
- tries to assasinate king
- brutal punishment for actions
- drawing and quartering
- public performance part of judicial proceedings
- done to demonstrate power of the state over ppl -> do something bad and your in trouble
- punishment is a public spectacle
what thinker was interested in the legal reform?
Becarria
How did Becarria suggest new reforms to the judicial system?
- change of judicial procedure and logic for punishment
- end judicial torture for extracting edivence (ends in latter part of 18th century)
- may be killing an innocent person
- punishments should be proportional to crime committed
- excessive punishment for petty offences = escalation of crime
- humaine acts of justice
- justice system should look for ways to correct behavoir
what was Rousseau’s most influential book?
the social contract
what does the social contract argue?
- argument of how and why gov exists
- all man are born free but everywhere he is in chains
- the sovereign is the collective association of individuals who joined through “social contract”
- ppl agree to give up rights in exchange to work collaboratively with each other
- benefits of security and order from collective agreements
- the general will of the people
- social inequality impacts governments acceptance and legitimacy
Rousseau’s Book challenged the established social order
True to the extent that it was banned in france and in switzerland
How did the public debate on government gain mobilization?
Jurgen Habbermass
- Public debate on government happening through the concept of the Bourgeois “public sphere
- the critics of the state
- development of groups in which ppl engage in discussion
- literary groups engage discussion -> novels and depictions of social realities
- coffee house descussions
briefly point out the differences that the enlightenment made in europe
- concepts of good government
- legal reforms
- equality before law
- consistent justice system
- punishments to be just with intent to rehabilitate
- public opinion
- Bourgeoisie public sphere to influence gov
what is the oxford english dictionaries definition of the enlightenment?
- shallow and pretentious intellectualism
