Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Political Philosophy > Spirit of the Laws 1 > Flashcards

Spirit of the Laws 1 Flashcards

1
Q

Definition of law in general

A

Relation of beings to the laws and the relations of various beings to each other

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Dictates of justice prior to positive law (4)

A
  1. there is an established society, it is just to follow their laws (obedience)
  2. If someone is kind to another person, the other person should be grateful (reciprocity of gratitude)
  3. Dependence on creator (can’t offend church, can’t be atheist)
  4. If someone harms another person, they deserve the same harm in return (reciprocity of harm)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Difference between physical and intelligent world as regards law

A

Intelligent world is not governed as well as the physical world
The intelligent world has laws that do not vary; physical world laws do vary
Beings of the intelligent world do not follow their laws consistently; physical world beings do
Intelligent beings are limited by their nature and are subject to error
It is in their nature to act by themselves
Intelligent world beings do not consistently follow their initial laws or even the laws they gave to themselves

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Natural laws (4)

A
  1. Peace
  2. Seek nourishment
  3. Feeling pleasure when approached by own kind;
    charm the two sexes inspire in each other; the natural request they always make of one another
  4. Uniting, and the desire to live in society
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Dictate of right of nations

A

Laws governing relations between peoples (nations)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Subject of political and civil rights respectively

A

Political rights: laws within a society governing the relations between those who govern and the governed
Civil rights: laws governing the relations between citizens

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Government most in conformity to nature

A

One whose particular arrangement best relates to the disposition of the people for whom it is established

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Republican government

A

the people as a body, or only part of the people, have sovereign power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Monarchical government

A

one alone governs by fixed and established laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Despotic government

A

one alone governs without law and without rule; they draw everything along by personal will and caprices

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Aspects of voting to be regulated (4)

A
  1. How
  2. By whom
  3. For whom
  4. On what issues votes should be cast
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Evidence of people’s good judgment as regards

ministers

A

General: they very well know that a man has often been to war and had such and such successes
Praetor: they know that a judge is (careful and perseverant) and many leave court satisfied with their decision and that he is not corrupt
Aedile: their knowledge of his magnificence or wealth as a citizen
An aedile is “ magistrates responsible for public buildings and originally also for the public games and the supply of grain to the city”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Two kinds of voting

A 
By lot (democracy)
By choice (aristocracy)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Reasoning about public and secret ballots

A

Votes should be public (fundamental law of democracy)
Lesser people should be enlightened by principal people and subdued by the gravity of certain eminent men
Votes cannot be too secret in an aristocracy or in a democracy when the senate votes
Must guard against intrigues (“the secret planning of something illicit or detrimental”)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Best and worst kinds of aristocracy

A

Best: one in which the part of the people having no share in the power is so small and so poor that that the dominant part has no interest in oppressing it
Aristocratic families should be of the people as far as possible
Aristocracy more like democracy = more perfect (opposite monarchy)
Worst: the part of the people that obeys is in civil slavery to the part that commands

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Two things natural to monarchy

A
  1. Intermediate powers (nobility) (sword - warriors)

2. Depository for the laws (can’t be nobility - parlements) (robe - lawyers/judges)

17
Q

Natural result of despotic power

A

The one man who exercises (power) has it likewise exercised by another

18
Q

Principle of each kind of government

A 
Republic: virtue
Democracy: virtue
Aristocracy: moderation based on virtue
Monarchical: honor
Despotic: fear
19
Q

When democracy loses its principle, what takes its place

A

ambition

20
Q

Nature of principle of monarchy

A

To demand preferences and distinctions (honor is compatible with ambition)
Makes all the parts of the body politic move (honor holds the regime together)

21
Q

What constrains will of prince in a despotism

A

Religion
The laws of religion are part of a higher precept because they apply to the prince as well; but for natural laws, the prince is not assumed to be a man

22
Q

Education in a monarchy: qualities in each of three spheres

A
  1. Nobility must be put in the virtues
  2. Frankness in the mores (customs)
  3. Politeness in the manners
23
Q

In what the courtly air consists

A

Putting away one’s own greatness for a borrowed greatness

24
Q

Prescription of honor as regards obedience to the king

A

All laws, religion, and honor compel one to obey the prince
In turn, the prince should never prescribe an action that dishonors subjects because it would make us incapable of serving him

25
Q

Supreme rules of honor (3)

A
  1. We are allowed to give importance to our fortune, but forbidden to give any importance to our life
  2. When you are placed in a rank, do not show you consider yourself inferior to the rank
  3. What honor forbids is more forbidden if the laws do allow it, what honor requires is more strongly required when the laws do not enforce it
26
Q

Sum of education in a despotic state (2)

A
  1. Put fear in the heart

2. Teach the spirit a few very simple religious principles

27
Q

Why education is more necessary in a republic than in either monarchy or despotism

A

Everything depends on establishing a love for the laws and the homeland
Education should attend to inspiring it
Sure way - fathers teach their children because they can give their passion as well as their knowledge

28
Q

How a republic is like a monastery

A

putting aside our individual wants/passions and focusing on the needs of the general order will make us love our homeland more and make us happier because we live in such a great place. Not focusing on ourselves leads to a happier life because everyone is happy. Monks are deprived of everything that most people have to focus on, so by not having anything at all, they are happier

29
Q

Meaning of virtue in a democracy & consequences of this (3)

A

Meaning: love of republic = love of democracy = love of equality = love of frugality

  1. Service to the state
  2. Public expenditures must be magnificent/superfluous
  3. Private expenditures only as necessary
30
Q

Role of law in a commercial republic

A

The law giving all children an equal portion in the inheritance of fathers is very good
Seeks to instill a love for work

31
Q

Means to maintain good mores

A
  1. Intimidate the women and those who kept watch over them
  2. Extreme subordination of the young to the elderly
    Young are contained by the respect they have for the elderly-
    The elderly are contained by the respect they have for themselves
  3. Extreme subordination of citizens to the magistrates (for laws, not mores)
  4. Paternal authority
    The forces in a republic are the least repressive; the laws must be supplemented with paternal authority
32
Q

Two sources of disorder in aristocracies

A
  1. Extreme inequality between those who govern and those who are governed
  2. A similar inequality between the different members of the governing body
33
Q

Law dictated by an advantage of monarchy

A

Execution is more prompt, so laws introduce a certain slowness: they should not only favor the nature of each constitution, but also remedy the abuses that can result from this nature

34
Q

Richelieu’s error as to the excellence of a monarchy

A

Thought he had degraded the orders of the state too much, and requires so many things of the prince and his ministers
Required too much from his ministers; king is so wonderful

35
Q

Meaning of what Montesquieu calls the idea of despotism

A

“When the savages of Louisiana want fruit, they cut down the tree and gather the fruit. There you have despotic government.”

Despotism takes what it wants and leaves nothing for the future

36
Q

Why so many people are under despotic rule

A

In order to form a moderate government, one must combine powers, regulate them, temper them, make them act; one must give on epower a ballast, so to speak, to put it in a potion to resist another; this is a masterpiece of legislation that chance rarely produces and prudence is rarely allowed to produce
By contrast, a despotic government leaps to view, so to speak; it is uniform throughout; as only passions are needed to establish it, everyone is good enough for that.

Political Philosophy (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions