Terms Flashcards

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0
Q

Utilitarianism

A

Between the extremes of anarchism and idealism, there is the utilitarian view, which construes the state is a pragmatic device through which the people can act to service their mundane needs for “collective goods”. This phrase covers a large domain of commodities and services that cannot be provided by private market transactions, from foreign-policy to roads and bridges

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1
Q

Constitutional

A

States contain institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry including those who may be in the minority

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2
Q

Hayek and natural law

A

Only a revival of the rule of natural law can counter the growth of power

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3
Q

Countervailance

A

Depicts a network of independent entities that contract with each other, with no supreme authority; or the dynamics of checks and balances

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4
Q

The Leviathan

A

1651

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5
Q

Second treatise on government

A

1689

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6
Q

Draco’s law

A

Under Drago, laws were written out for the first time, And that by his ordinances of 621 a council of 400 called the Areopagus was established

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7
Q

Solons reforms

A

Deprived the Areopagus of much of its judicial power by creating a system of law courts with Jerry is composed of men from all classes. These juries, among other things, could adjudicate charges of unjust treatment by officials

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8
Q

Seven Hellenistic features of modern constitutional democracy

A

1) a secular and utilitarian view of government.
2) the concept of an entrenched constitutional order,
3) the participation of a wide spectrum of the citizenry in the process of lawmaking.
4) a polity in which public opinion plays a continuous role.
5) the rule of law.
6) a system of justice in which individual citizens can plead cases before independent courts.
7) an institutional structure that constrains the ability of state officials to exercise their power arbitrarily

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9
Q

Dikai

A

Cases in which charges could be brought only by an injured party

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10
Q

Graphai

A

Cases in which charges were made against state officials

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11
Q

Theory of mixed government

A

Monarchy, government by the one – unity. Aristocracy, by the few - wisdom
democracy, by the many - freedom

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12
Q

Roman 12 tables

A

A constitutional document establishing the Roman Republic after the end of the Etruscan monarchy – as close as the Romans came to writing the constitution. It asserted that the welfare of the people must be the supreme law

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13
Q

Magistrate

A

Two consuls, eight praetors, aediles, quaestor, 10 Tribunes, 2 censors

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14
Q

Praetors

A

Judicial officers

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15
Q

Quaestor

A

Financial administrators who were responsible for keeping official records and the archive of state documents, as well as investigating some crimes

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16
Q

The social ladder of Roman politics

A

Cursus honorium

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17
Q

Rome’s unwritten constitution. The established order of things – observance of customs and ancestors. How things had always been done

A

Moi maiorum

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18
Q

Tribunes

A

Had the authority to veto a magisterial order of punishment

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19
Q

Polybius

A

argued that the Roman constitution had three advantages: provided political stability, protected individual liberties of the citizen, and facilitated foreign conquest

20
Q

Palpinian’s dictum

A

Lex est communis sponsio rei publicae. “Law is the common engagement of the Republic”

21
Q

John of Salisbury

A

English humanist, father of political science, friend of Thomas Becket. Policraticus and On Tyranny and Tyrannicide.

22
Q

Council of Constance

A

1414-1418

23
Q

League of Cambrai

A

A formidable alliance of France, Spain, the Holy See, the Holy Roman Empire, Hungary, and some Italian cities defeated Venice

24
Q

Battle of Lepanto

A

Venetian, Spanish, and Papel vessels defeat the Turks at Lepanto, breaking the momentum of the Turkish maritime advance

25
Q

Dieci

A

Endowed with special powers to act secretly and quickly without the restraints that would impose on the other offices of the state, dealt with charges such as sodomy, blasphemy, and counterfeiting

26
Q

Cittandini

A

The non-noble class of long resident citizens that were recruited for the bureaucracy of the various organs of the state

27
Q

Serrata

A

During the preceding two centuries, economic expansion generated rapid social mobility. The aristocracy was based on wealth rather than feudal rights, and in 1297 a closed, hereditary aristocracy was established. The immediate effect enlarged considerably the number of families recognized as noble who could participate in the GC

28
Q

Countervailance in the Venetian Republic

A

The great council checked the power of the doge by electing a six man to ducal council, two of which had to be present when the doge received visitors and dealt with memoranda or correspondence
The Doge presided over meetings of the great Council and the Senate. The ducal counselors and the three heads of the Quarantia Criminale, the most senior court, shared the podium with the Doge.

29
Q

Secularism in Venice

A

Venice’s view of the church was that it was subordinate to the state. In 1498 clerics were debarred; they couldn’t hold office or participate in the bureaucracy. Innocent III placed Venice under general Interdict.

30
Q

Countervailance Theory of Venice

A

Although all political power resided in the noble class, within that class it was institutionally dispersed, forming a complex of mutually controlling centers

31
Q

States General

A

A provincial assembly made up of representatives from seven provincial delegations. Each province had one vote. All proposals had to have unanimous approval for passage into law

32
Q

The Dutch republic

A

1581 (act of abjuration) - 1793 (Napoleon)

33
Q

Dutch federal political system

A

The town governments of the Republic – the base of its federal political system – were oligarchies. The Republic was not a democracy. A three-tiered federal system composed of 65 governmental entities: a states general, seven provincial states and 57 town governments.

34
Q

Treaty of Utrect

A

(1579) The northern seven provinces of the Netherlands become a political union. It provided that each person shall remain free of his religion and no one shall be investigated or persecuted because of his religion. The mandate was at variance with article 36 of the Dutch reformed churches confession of faith, which declared that the state is a divinely ordained institution that is obligated to promote the true religion – and also to suppressor heresy.

35
Q

Religious freedom in the Netherlands

A

In 1618 the town magistrates that the regents monopolized chose not to implement the counter remonstrance’s severe restraints on personal behavior and strict doctrinal tests for church membership

36
Q

Act of Abjuration

A

(1581) declared by the states general, rescinded the sovereignty of Philip II of Spain and focused upon the condition conditions under which it was legitimate for people to rebel against their established government. It was a formal declaration of independence of the Low Countries

37
Q

What was a major deficiency of the Dutch political system

A

The Republic never found a way of checking the power of the town governors by more orderly procedures

38
Q

Baruch Spinoza

A

Political philosopher who was expelled by the Jewish congregation of Amsterdam on its own initiative, his Tractatus Theologico-Politicus (1670) advocated that there is no free will

39
Q

Act of Supremecy

A

(1534) The monarch was declared to be the supreme head of the Church of England, thus officially uniting Church and State

40
Q

Bill of Rights

A

(1689) an act of the Parliament of England which was a restatement in statutory form of the declaration of right presented by the convention Parliament to William and Mary in March 1689, inviting them to become joint sovereigns of England. It lays down limits on the powers of the crown and sets out the rights of parliament and rules of freedom of speech in Parliament, requirement for regular elections in Parliament, and the right to petition the monarch without fear of retribution. It reestablished the liberty of Protestants to have arms for the defense within the rule of law, and condemned James II of England

41
Q

Unwritten constitution of England

A

Magna Carta (1215), 1679 habeas corpus amendment act, the repeal of the press licensure act of 1662, the tolerance act of 1689, and the triennial act of 1694

42
Q

Weakness of the House of Lords

A

The rule of the Lords during the Tudor era was largely passive; it acquiesced in actions by the Commons that challenged the Kings power, but it initiated none of it’s own.

43
Q

St Thomas Aquinas

A

Combines Aristotle’s teachings with Jesus’s

44
Q

Investiture struggle

A

Secular vs religious leaders

45
Q

Why doesn’t Gordon regard “the Law” as constituting a locus of sovereignty?

A

The reader of the preceding chapter on Sovereignty will already be aware of my hostility to the notion that “the law” can be regarded as constituting a locus of sovereignty. This idea is a reification; it attributes material existence to an abstract idea and, in effect, diverts attention from the issue that is most fundamental in the study of a political system- the mechanism by which the coercive power of the state is exercised.

46
Q

St Thomas Aquinas

A

Combines Aristotle’s teachings with Jesus’s

47
Q

Investiture struggle

A

Secular vs religious leaders