Lecture 1: General Introduction Flashcards
Sovereignty
Malberg identified 3 meaning.
1) Orginially, = supreme character of the State’s power
2) Whole range of the powers included in the State, synonomous with authority
3) Characterise the position occupied within the state by the highest organ of State’s authority
Nation
G. Fichte: Nation is bound by ethnic consideration, reuniting individuals of the same language, religion, values
Institutionalism
the social nature and the structure of political institutions are a product of history, ENDOGENOUS to State organization and consider PI as set of theoretical ideas and hypothesis governing relations between organizational groups
Theological theory / Divine Theory of the State
The theory explains how the state came into being. The supporters of this theory believed that the state doesn’t come into being by the people but it is the handiwork of God on the earth. The state was created by God and the King was the representative of God on the earth.
Efficient Cause
Aristotle: city sttate requires an efficeint cause, namely the ruler. A community of any sort can possess order only if it has ruling element or authority
Politeia
Aristotle:
1. constitution
2. constitutional government: masses are granted citizenship and govern with everyone’s interest in mind the best forms of government. Elements of Oligarchy + democracy –> finding compromise between demands of the rich and the poor
Nomethetês
Aristotle: the role of lawgiver: frame appropriate constitution for the city state. Enduring laws, customs, institutions for citizens
Demiourgos
Compares lawgiver to craftsman. Material –> finished product
Democracy / Polity
Aristotle: democracy is a corrupt form of government –> built upon the belief in majority rule. Whoever the majority may be they look out for own interests and ignore the minorities.
Aristocracy/Oligarchy
literally “the rule of the few,” to refer to a government controlled by a minority consisting of the wealthy. Unlike aristocracy, Aristotle believes that oligarchy is a deviant form of government, as the ruling faction governs solely in its own interests, disregarding those of the poor. Aristotle highly esteems aristocracy, literally “the rule of the best,” and considers it superior to oligarchy because it values everyone’s interests. He contrasts aristocracy with oligarchy, democracy, and politeia by pointing out that these forms of government concern themselves only with questions of wealth. Aristocracy, on the other hand, confers benefits on the basis of merit, with the result that those who most deserve to govern do in fact govern.
Kingship
An idealised form of monarchic government in which the king is an exceptional individual who governs with everyone’s best interests in mind. Aristotle acknowledges that finding such an outstanding leader is difficult.
Tyranny
The rule of an individual interested solely in his own benefit. A perverse form of kingship, tyranny is unpopular and usually overthrown. In Aristotle’s opinion, it is the worst type of government.
Natural law
Aristotle: natural law is a system of right or justice held to be common to all humans and derived from nature rather than from the rules of society, or positive law.
Plato: justice is a spirit, a habit of life that animates man’s action; the inner sense of justice, which is felt by the conscience, is something much higher in spiritual truth and content than the law of the State; natural law is eternal, like the gods who have given it to mankind.
The Westphalian State 1648
Birth of Nation States
principle of the sovereignty of States and the fundamental right to political self determination:
the principle of legal equality between states, the principle of non-intervention of one state in the internal affairs of another state
Jean Bodin
SOVEREIGNTY: absolute and perpetual power vested in a commonwealth.
Thomas Hobbes
Social and Political order:
how humans can live together in peace to avoid conflict.
Absolute power of the sovereign ultimately justified by the consent of the governed, who agreed in a hypothetical social contract to obey the sovereign in all matters in exchange for guarantee of peace and security.
Homo homini lupus
a man is wolf to man.
Hobbes: needs to be social contract for people to live together in a society and not be in a constant state of war. MEN AGREE ON SOCIAL CONTRACT OUT OF FEAR
Aristotle / Locke / Rousseau
Just and Equal contact.
Locke: setting up guideline for governments not to infringe on the rights of its citizen’s liberty
INALIENABLE RIGHTS which cannot be given away to sovereign. Naturally want to come together and create social contract.
Rousseau: refused individual freedom to be taken away by any government unless done by majority of people
Montevideo Convention of 1933
All states were equal sovereign units consisting of a permanent population, defined by territorial boundaries, a government, and an ability to enter into agreements with other states
Ernst Renan
Attributes of a NATION: social capital, common glories, common will, deeds of the past
“A nation is a soul, a spiritual principle. Two things, which in truth are but one, constitute this soul or spiritual principle. One lies in the past, one in the present”
Veil of ignorance
RAWLS: component of social contract theory allowing us to test ideas for fairness. Veil of Ignorance is powerful because usual opinions regarding what is just and unjust are shaped by our individual experience.
Harm principle
people should be free to act however they wish unless their actions cause harm to someone else. LIBERALISM = JOHN STUART MILL
Anti-Enlightenment doctrines
Burke: expansion of liberties = destructive to society –> instability, degradation of social norms . RELIGION SVPP
