Week 1 Flashcards
1
Q
Bodin
A
- Introduced the concept of sovereignty
- Claimed that the sovereign got his power from God and thus had absolute sovereignty
- Sovereign is the most high, absolute, perpetual power in the state that is above the law and this sovereignty allows the King to make and repeal law
- No social contract with the King as the King got power from God and can’t have social contract with God
2
Q
Bodin reasoning for concept of sovereignty
A
- Saw the bloodshed between the Catholics and Protestants and said that if we had an absolute sovereign in which all power was vested, then they would implement rule of law.
- This was also why his argument was that if you shared power between citizens and the King, then there would be no real sovereign and this would result in anarchy (which is what he was witnessing during the Reformation).
3
Q
Hobbes
A
- Believed in a hard social contract theory and hard view of the state of nature
- Created the idea of the social contract
- Argued that man is in a horrible state of nature and to get out of this he must engage in the social contract by transferring sovereignty to the government which has absolute sovereignty
• The people begin with sovereignty and through engaging in the social contract they negotiate this sovereignty to the government in exchange for protection - However, the government, exercising sovereignty, has all power and you cannot overthrow a tyrannical government
4
Q
Locke
A
- Criticized Hobbes’ view of the state of nature and social contract
- Agreed that the government (King) gets sovereignty from the people who negotiate it away in the form of a social contract
- But, the government does not have absolute sovereignty and certain freedoms and rights of the people are retained such as the freedom of religion and freedom of speech and citizens are allowed to rebel against a tyrannical government
- Argued that there are also checks on government power in the form of separation of power (federative, executive, and legislative)
- Argued that there are two social contracts necessary: one between citizens and one between citizens and government
- Also had a less pessimistic view of the state of nature, arguing that the state of nature was not pure anarchy just because there was no government. Rather humans always have natural rights irrespective of government presences such as the right to life, liberty, and health
5
Q
Rousseau
A
- Came up with the concept of the general will
- Argued that citizens do not give away power to the state but rather, as citizens, we have power of the state
- People become government by becoming citizens and it is through this citizenry that they exercise their sovereignty to rule
- The purpose of government, in this sense, is to promote the general will
*The general will is a moral compass that exists inside us all and guides our decision-making for the greater good - The general will also solves the social contract: as the general will is something that is inside us and guides our decision-making, citizens guided by the general will, will make decisions for the betterment of society
- Legislation can be expression of the general will if everyone participates
6
Q
What are the elements that make up Rousseau’s ‘legislative will’
A
- Well-informed population
- Voting led by ways of argument, not just what is beneficial for you
- No negotiation
- Legislation must apply to everyone equally
7
Q
Sieyes
A
- Believed that sovereign is all powerful and acts through representation
- Believed that the people are the sovereign and having sovereignty means that you precede the legal order, and thus cannot be subject to the legal order
- Introduced constituent and constituted powers
- Constituent power: Power to create a constitution (the people)
- Constituted power: Organs of the state that get their power from the constitution
8
Q
Rousseau concept of citizenship
A
- Citizens govern over themselves
- Citizens have general will and law must respect that will
- Decisions should be made on the general will
