Terms Flashcards
Utilitarianism
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
Constitutional
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
Hayek and natural law
Only a revival of the rule of natural law can counter the growth of power
Countervailance
Depicts a network of independent entities that contract with each other, with no supreme authority; or the dynamics of checks and balances
The Leviathan
1651
Second treatise on government
1689
Draco’s law
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
Solons reforms
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
Seven Hellenistic features of modern constitutional democracy
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
Dikai
Cases in which charges could be brought only by an injured party
Graphai
Cases in which charges were made against state officials
Theory of mixed government
Monarchy, government by the one – unity. Aristocracy, by the few - wisdom
democracy, by the many - freedom
Roman 12 tables
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
Magistrate
Two consuls, eight praetors, aediles, quaestor, 10 Tribunes, 2 censors
Praetors
Judicial officers
Quaestor
Financial administrators who were responsible for keeping official records and the archive of state documents, as well as investigating some crimes
The social ladder of Roman politics
Cursus honorium
Rome’s unwritten constitution. The established order of things – observance of customs and ancestors. How things had always been done
Moi maiorum
Tribunes
Had the authority to veto a magisterial order of punishment