Lecture II Flashcards
What is a social contract?
Agreement to be governed by a set of rules under an organization of power
Social contract assuming people are bad
- No society without social contract
- Subject cannot change Gov, Gov is result of sov, sov does anything to preserve peace
Commonwealth
- Everyone cedes some individual rights in exchange of others
- Defense and rule of law
SOVEREIGNTY
How to avoid slavery in social contract?
Laws: expression of General will and preserve liberties
What is distinguished in a social contract?
Difference between sovereign (population) and government (enacts law)
Social contract according to Rousseau
Can’t be too large, people who “lose” have to understand the reason
Social contract according to Rawls
Justice key element, principles of justice under veil of ignorance
- Individual has equal rights to the liberties of others
- Social/economic inequalities have to be solved
- Offices/positions must be open to everyone
What is the veil of ignorance?
Method to determine morality of something
What is constitutionalism?
Limitations of power of government
What is a constitution
Norms creating, structuring and limiting powers
EVERYONE subject to them (rulers as well)
John Locke’s theory
- Humans are bad by nature but capable of altruism
- State to protect property
- Right to revolution (if property isn’t respected)
Charles-Louis Secondat theory
- Distinction of gov. branches’ functions
- System of checks and balances
James Madison (US constitution)
- Inclusion of civil rights in constitution
- Vertical and horizontal limitation of national government
FEDERALISM
Concept of order without sovereignty
- Order comes from different individual’s self interest, leads to common outcome
- “Virtuous” individuals (think of common good) may cause harm
Example of order without sovereignty
- Mandeville (virtue prevents capital circulation)
- Smith (invisible hand)