Political Realism And Soveriegnty Flashcards
Dominant topics in the political philosophy in the modern era
- Political realism and the reason of state
It is important to answer the question: how is politics made effectively? Than speculating about why politics?or moral issues! - Sovereignty
The state is responsible for guaranteeing stability.
Therefore all power should be in one hand. - Social contract theory
How could political leadership be legitimated without the doctrine of divine right? - Natural law
Natural and thus universal laws exist ( to live, to learn, to reproduce, to worship and to live in an ordered society) f. De Vitoria: first steps towards international law - Separation of powers
How can we prevent the abuse of power? Through checks and balances (Montesquieu, constitutionalism, separation of powers) - Utopianism
Critiques of status quo through the description of an ideal (utopian) state
Modern era characterized by at least six new trends
- Rise of capitalism
Mercantilism( theory that state benefits by accumulating monetary reserves trough positive balance of trade) , colonization (encomienda and slavery) - Enlightenment
Kant: enlightenment is man’s emergence from his self-incurred immaturity
(Rationality rather than faith, science rather than religion or tradition) - Rise of modern state
Which came first, the nation of the nation state?
Idea of nation state ( people, territory, sovereign authority)
Peace of Westphalia - Urbanization
Decreasing importance of Knights and castles, increasing importance of cities, townsmen, craftsmen, salesmen - Technological innovation
Scientific revolution : heliocentrism, printing press, gun powder, world map
( kopernikus, Newton, Galilei, waldseemüller, Gutenberg) - Renaissance
Increasing orientation towards Greek philosophy, architecture, culture.
Human being as creative individual
Machiavelli and thw use of power
Key questions
Starting Point: evil human nature
Necessity of state to tame human nature
Two key questions:how does the leader come to power?
How does the leader stay in power?
Most important advice: take decision (don’t compromise) decisionism
Choice of means driven by overall goal of maintenance of power (appearance of religiosity etc. ) end justifies means!
Legitimate means of government:
Opportunistic behavior, cheating, cunningn(prince should be unscrupulous)
Niccolo Machiavelli ( 1469- 1527)
Radical revolution I history of political thought: final end of politics is accumulation of power
Analysis of political reality instead of moral speculation
History is the master of politics (empirical- analytical approach to politics)
Separation of ethics and politics: it does not matter whether power is legitimate
Key political book: il principe and diccorsi (both were banned by Catholic Church)
Historical background: many competing small states in northern Italy, permanent war and frequently changing coalitions
Machiavelli politician in Florence, but after change in leadership he was expelled and lived in his country house 15km from Florence
Five conditions of powerful political action
Virtue (virtu) : personal capability/ spirit (ability to adequately analyze a situation, knowledge of human nature, knowledge of history)
Necessita: necessity (ability to act according to the given circumstances realpolitik)
Occasione: opportunity (ability to recognize a bargain/ a favorable opportunity and to set one’s hand to task at the right moment )
Fortuna: luck/ chance (only partly in the hands of the prince, but virtu increases probability of luck )
Qualita dei tempi: circumstances / spirit of the time / Zeitgeist
Constitutions and their evolution
Types of constitutions ( il principe)
State ( all forms of organization of supreme political power, whether republican or princely)
Republics ( not occupied by anybody, citizens rule themselves)
And
Princedoms
New princedoms And Hereditary princedoms( easy to rule, subjects will be naturally well disposed towards him)
Conquest by fortune
And
Conquest by virtue
Mixed constitution and the cycle of governments
Good laws are made by wise legislators (who possess unlimited power, but who aim at the common good)
Good constitutions are mixed constitutions: prince, aristocrats and people have to check each others power, otherwise the state will perish f that the presumption of the great or of the lack of restraint for the people
States evolve according to a general pattern
Monarchy - tyranny - aristocracy- oligarchy - democracy -anarchy -monarchy/ tyranny
Bodin and the principle of sovereignty
Authority in absolutism
Natural law and divine law
God
King (sovereignty: monopoly of power)
Administration (officials)
Control (military)
Representation ( symbols)
people (subjects)
Jean Bodin (1529-1596)
After the war against the Hugenots in France: tolerance, separation of state and religion and strong statehood
Mutate action aims at public wealth (gemein wohl)
State has monopoly of legitimate use of force, this leads to security and order within a community
highest authority (sovereignty) uniquely in the hands of the leader
King is not bound by his own law, but his actions are bound by natural law and divine law ( only restrictions to sovereignty )
Subjects: families (not individuals)
Bodin’s analogy of state and family
Family
Family patriarch
Husband father lord owner
Family members
State
Monarch
Legislator judge commander
Subjects
Montesquieu and the separation of powers
Separation of powers
Judicial
Executive (control of judicial)
legislative (control of judicial)
Electorate (election of legislative and executive)
Final objective: freedom!
Charles de Montesquieu (1689-1755)main concern: scientific foundation of law and politics through empirical research
Key book: on the spirit of laws
Empirical reconstruction of law
Law is in the nature of things: habits, empirical law of certain polities are expressions of the “esprit general d’une nation”
Legislators have to adapt general legal principles to the specific conditions in its country
Political freedom only if there is separation of powers: “pour qu’on ne puisse abuser du pouvoir, il faut que, par la disposition des choses, le pouvoir arrete le pouvoir “
Legislative- executive- judicial
Classification of states and the concept of freedom according to Montesquieu
Aristocracy or democracy
Favored in real world by Montesquieu
Despotism (guiding principle: fear)
Legitimacy through fear
What is freedom?
Liberty is a right of doing whatever the laws permit.
Liberty can consist only in the power of doing what we ought to will and in not being constrained to do what we ought not to will.
Famous quotes by Montesquieu
There is as yet no liberty if the power of judging be not separated from legislative power and the executive.
If in the interior of a state you do not hear the noise of any conflict, you can be sure that freedom is not there.
An injustice to one is a threat made to all.
People have the government they deserve.
For we can not abuse power. By the arrangement of things, power must check power.
A thing is not just because it is law. But it must be law because it is just.
The government is like all things In the world: to preserve it, we must love it.
freedom is the right to do whatever the laws permit.
Federalism in political philosophy
Althusius, Kant and the federalists
Johannes althusius
Politica methodice digesta 1603
Often regarded as the father of modern federalist thought
argued for autonomy of his city Emden
Developed a theory of federations that prohibited state intervention in order to promote the right faith
Favored accommodation of dissent and diversity instead of subordinating political powers to religion
Immanuel Kant
On perpetual peace, 1796
Defended a confederation for peace second definite article of perpetual peace holds that the right of nations shall be based on a pacific federation among free states rather than a peace treaty or an international state. “This federation does not aim to acquire any power like that of a state, but merely to preserve and secure the freedom of each state in itself, along with that of the other confederated states.”
The federalists (Madison, Hamilton, jay) Federalist papers 1787/1788
Argued for the suggested model of interlocking federal arrangements
Suggested that the risk of tyranny by passionate majorities was reduced in larger republics where member units of shared interest could and would check each other.
Splitting sovereignty between member unit and center would also protect individual’s rights against abuse by authorities at either level
The federalist papers
Were a series of eighty- five essays urging the citizens of New York to ratify the new United States constitution
Were written by Alexander Hamilton, James Madison, and John Ray, the essays originally appeared anonymously in New York newspapers in1787 and 1788 under the pen name publius
Are considered one of the most important sources for interpreting and understanding the original intent of the constitution.
Content and intention (according to federalist paper number 1)
The utility of the Union to your political prosperity
The insufficiency of the present confederation to preserve that union
The necessity of a government at least equally energetic with the one proposed to the attainment of this object
The conformity of the proposed constitution to the true principles of republican government
Its analogy to your own state constitution
The additional security which its adoption will afford to the preservation of that species of government, to liberty and to prosperity
Summary of the arguments exchanges between federalists and anti-federalists
Federalists
favored constitution
Favored powerful federal government
Strong federal government needed to protect nation and to solve national problems
Bill of rights not needed, because federal government has only limited powers (checks and balances)
Anti-federalists
Opposed constitution
Favored weak federal government and strong state governments
Strong federal government would be a threat to individual and state rights
Bill of right needed to protect the rights of people
