Transcript Philosophical Framework of American Government .

Philosophical Framework
of American Government
Political philosopher’s that impacted the Framer’s of the Constitution.
Classical Republicanism
•
•
•
Originating & inspired by the
government forms and writing of
classical antiquity.
– Renaissance (14th-17th
century)
– Aristotle, Machiavelli
“Rule of the People”: rejected
monarchy
“Civic Virtue”: cultivation of
habits of personal living that are
claimed to be important for the
success of the community.
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
Why Classical Republicanism as a
Model?
• Goals were for the
common good:
– Promote civic virtue
(public spiritedness)
– Moral education (this
class)
– Small communities
• Would only work in
small populations
with no diversity.
Natural Rights v. Classical
Republicanism
Natural Rights
• Stressed the rights
of the individual of
life, liberty and
property
• Right to individuality
• Right to believe
Classical
Republicanism
• Stressed promoting
the common good
above the rights of
individuals.
• Need for conformity
• Uniform religion
Natural Rights Philosophy
Includes the works of :
• John Locke
• Thomas Hobbes
• Jean-Jacques
Rousseau
Includes concepts of:
• Natural rights of man
• Nature of citizen
– Good v. evil
•
•
•
•
State of Nature
Role of Government
Civic virtue
Social Contract
Who is John Locke?
• 1632-1704 in England
• Father served in English
Civil War
• Educated: Masters degree
• Political Beliefs: Liberal
– Whigs
• Experiences:
– Enlightenment
– Glorious Revolution
• Accomplishments:
– Second Treatise on
Government.
– An Essay Concerning
Human Understanding
– Fundamental Constitution of
the Carolina’s
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
Locke’s Influence
• Political philosophy later influenced:
– Jean-Jacques Rousseau
– Immanuel Kant
– Framer’s of Constitution
• Revolutionary ideas impacted:
– American Revolution
– French Revolution
Locke’s Political Thinking
• Government must be accountable to the
people.
• Purpose of government is to preserve natural
rights.
• A government must consist of institutions and
the legally prescribed process for making and
enforcing collective agreements.
• An absolute monarchy is inconsistent with the
purpose of government.
• When government misuses power &
authority, the people have the right to revolt.
Second Treatise On
Government
• Written in 1689.
• Why was it written?
– To defend the Glorious Revolution of 1688.
• Supported a limited monarchy.
• Supported English Bill of Rights.
– To counter thinking of Thomas Hobbes.
• Human nature is good and reasonable, but may
be driven by self-interest.
A key to John Locke
• Inalienable Rights: rights that
cannot be taken away from
anyone (free speech)
• Equality: The belief that all
persons, regardless of race,
sex, ethnicity, age, etc. have the
same rights as everyone else.
• Questions to consider:
– What is happening in this
painting?
– How does this painting relate to
the concept of inalienable
rights? Equality?
“The state of nature has a law of nature
to govern it, which treats everyone
equally…[B]eing equal and
independent, no one ought to harm
another in his life, health, or
possessions.”
-John Locke
A Key to John Locke
•
•
Limited Government: A government that
does not have absolute authority.
Consent of the Governed: The political
theory that government’s gain their
authority from the people. A government
is not legitimate if the people do not give
their consent.
“Whensoever…the [government]
shall…put into the hands of any other
an absolute power over the lives, liberty,
and estates of the people, by this
breach of trust they forfeit the power [of]
the people…who have a right to resume
their original liberty, and by the
establishment of the new [government]
provide for their own safety and
security.”
-John Locke
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
Question to Consider:
What is happening in this picture
and how does it relate to the topic
of limited government?
Key to John Locke
•
•
•
State of Nature: a state of perfect
freedom where people do as they
see fit within the bounds of the law
of nature. (Problem is self-interest
causes conflict!)
Law of Nature: a state of equality,
where people have the same
advantages, use of same authority;
in which the rights of men are not
invaded by others. (utopia)
“And that all men may be restrained
from invading others rights, and
from doing hurt to one another, and
the law of nature be observed,
which willeth the peace &
preservation of all mankind, the
execution of the law of nature is in
that state put in every man’s
hands…
-John Locke
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
A Key to John Locke
•
Social Contract: An agreement among
men to create and live under
government & give that government the
power to make & enforce laws.
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
– Government only exists when people
choose to resign their state of nature
and create it.
– Government gets it’s power &
authority from the people.
•
“…he authorizes the society, or which is
all one, the legislative thereof, to make
laws for him, as the public good of the
society shall require…and puts men out
of a state of nature into that of a
common-wealth, by setting up a judge
on earth, with authority to determine all
the controversies, and redress the
injuries that may happen…”
John Locke
Questions to consider:
• How does this photo communicate Locke’s
belief about human nature?
•In regards to the government of Iraq, if there
is a social contract between the citizens and
the government, why is there still conflict?
Who is Thomas Hobbes?
• 1588-1679, England.
• Lived in Paris off & on.
• Educated: Received
degree in 1608.
• Experiences:
– English Civil War
• Accomplishments:
– modern founder of the
social contract tradition
– In 1651, wrote most
famous work, Leviathan.
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
Hobbes: Saving us from
ourselves.
• Human Nature: humans
are basically selfish
creatures who would do
anything o better their
position.
•
“For the laws of nature (as
justice, equality, modesty,
mercy, and in sum doing to
others as we would have done
to) of themselves, without terror
of some power, to cause them
to be observed, are contrary to
our natural passions, that carry
us to partiality, pride, revenge,
and the like”
» Hobbes
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
• From this view of human
nature, what kind o government
is best?
• Do you agree with Hobbes?
Hobbes: Saving Us From
Ourselves
•
State of nature is the philosophy
regarding how humans would act in
their most basic state without a civil
government. Hobbes believed the
state of nature in which man lived
before the formation of society was
founded on a savage selfishness,
which drove man to obtain pleasure
without concern for justice or mercy
toward other men.
•
Questions to consider:
–
–
What event in history in does this image
portray?
Do you believe that this picture
represents a state of nature? Why or
why not?
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
•
Hurricane Katrina victims experienced
riots and looting (among other crimes).
Hobbes: Saving Us From
Ourselves
•
•
•
State of war: Hobbes believed
that in the state of nature, people
were always at war with one
another, a war of all against all.
Each individual was endowed with
the right to do anything they pleased
and people were in constant fear for
their lives.
There are three causes of war:
– Competition (violence)
– Self-defense (safety)
– Glory (reputation)
“Hereby it is manifest that during the
time men live without a common
power to keep them all in awe, they
are in that condition which is called
war; and such a war as is every
man against man…”
» Hobbes
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
•
Questions to consider:
– What is the conflict represented
in this picture?
– Does this event represent a
state of war?
Hobbes: Saving Us From
Ourselves
• Social Contract: Hobbes
•
believed people seek collective
action in search of peace and
security.
Role of Government:
Hobbes stated that government
should be designed to protect
and defend it’s citizens from
invasion and war.
– Requires trust in gov’t.
• Sovereignty: Hobbes
believed that government must
have “use of so much power
and strength conferred on him
that , by terror thereof, he is
enabled to form the wills of
them all, to peace at home, and
mutual aid against their
enemies abroad.”
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
Who is Jean-Jacques
Rousseau?
• 1712-1778 (Geneva)
• Education:
– Self-taught
• Experiences:
– Secretary to French
Ambassador in Venice
(Republic)
• Notable Ideas:
– Natural goodness of
humanity
– “General Will”
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
A Key to Rousseau
• Human Nature:
believed that man was
neither good nor bad;
self-sufficient.
– The demise of man was
society.
– Knowledge increases
the power of
government & crushes
individual liberty.
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
A Key to Rousseau
•
Social Contract: the idea that
people join groups, and these
groups make a presence known as
a society. A social contract is the
compact that the people agree form
rules and conditions for membership
in their society.
•
Equality: the belief that all
persons are entitled to equal rights
and treatment before the law.
– Private property & division of
labor causes inequality.
– Inequality causes conflict.
•
Questions to Consider:
–
What is the picture describing in
regards to equality?
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
A Key to Rousseau
• Civil Society: occurs after
people leave the state of nature.
Signs of this transfer are:
people act on rules of justice
rather than on instinct, physical
impulse is replaced by the voice
of duty, and people consult
reason rather than inclinations.
By entering civil society people
gain civil liberty and the legal
right of property in what he
possess. They also gain moral
freedom, making people
masters of themselves.
An armed policeman guards a truck loaded with fuel from
potential looters in New Orleans (REUTERS/Jason
Reed)
A Key to Rousseau
•
General Will: the desire or
interest of a people as a whole.
Decisions are made community of
citizens unanimously when
attempting to discern the common
good.
– Popular sovereignty
– Rejected representative
government.
– Strongly believed that people
must play an active role in
government for it to be
successful.
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
Baron de Montesquieu
• 1689-1755
• Education:
– Catholic College of Juilly
• Experience:
– Glorious Revolution
– Wealthy Family
• Notable Ideas
– Separation of Powers
– Checks & Balances
Baron De Montesquieu
• Advocated a divided
and balanced power of
government.
• Believed that the best
government was one
that was elected by the
people.
• Did not believe in
equality.
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
British Influences on the US
Constitution
• Magna Carta (1215) was a
contract forced on King
John.
• Major step toward growth
of English constitutional
government.
• The tenets include:
– Govt. based on rule of law.
– Based on social contract
between ruler & citizens.
– Limited power of ruler.
The English Bill of Rights
• Result of The Glorious
Revolution in 1688.
• Further limited the power of
government.
• The tenents include:
– Rule of law
– Natural Rights:
• Free speech, right to bear
arms, no excessive bail.
– Parliamentary supremacy:
– People elect officials into
office.
– Limited Power of Monarch.
• Government by contract and
consent
Now to America ….
• The Mayflower
Compact
• The first governing
document of Plymouth
Colony.
• It was drafted by the
Pilgrims who were
seeking religious
freedom.
– Covenant – social charter
to create an assembly to
make decisions.
– Return to nature in
Locke’s theory.
The Fundamental Orders of
Connecticut
• Created 1735 as first
real US Constitution
– Fundamental rights
– Rule of law
– Separation of powers
• Executive branch
(governor)
• Legislative branch
• Judicial branch
(magistrates)
Example of Checks and
Balances in Connecticut
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
• Governor appointed by
king, but couldn’t collect
taxes w/o consent of
legislature, or imprison
w/o trial by a magistrate,
or set salary for
themselves.
• Legislature relied on
governor to enforce laws
they passed or the veto
power on the governor.
• Judges appointed by
governor/ could be
removed by legislature.
So Where Did We Differ
From England?
• SUFFRAGE – the
right to vote.
– Any MAN who
owned 50 acres
could vote.
• Did NOT include
slaves, Native
Americans or women.