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Lecture 3

POLI SCI 3NN6 Lecture 3.docx

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Political Science
Greg Flynn

Lecture 3 Theories of constitutions Public Law- Liberty of an individual is the only thing we are concerned about; the presumption of innocence; public law enforces public liberty Formation of constitutions  philosophical roots  can be traced from where our Canadian constitution came from  British Constitution- are unwritten; practiced by convention  loss of preferred trade from the UK  regional tensions between Canadian colonies  influence are occurring while the civil war was going on in America o mid 1800 making constitution  approached from influence  ignore ideological underpinnings  conflicting values  preconceived notions can bee seen through Hobbes and Locke Hobbes  state of nature and equality of man o AN ABSTRACT OF PRESOCIETY STATE OF NATURE  all people are equal  acknowledges one person might be different from the other  there is a likelihood of competition  notion that in the state of nature the order of society will break down-become a state of war  absence of common power people will continue to be in the state of war  people use their power for self preservation  will lead to conflict with others  in result society does not evolve  “life is continual fear…solidary, short, nasty, brutish, short”  explanation as to why the state exists and why its there  indicated that people would be inclined to keep peace and avoid war  in the state of nature we are free but there is a fear  being part of a society and being governed enhances your freedom/liberty  formation of social contract o people transfer their right to an absolute liberty o loose right to enhance self preservation  in exchange for actual ability to live and that we are all in agreement o people will fail to live up to these agreements and should be made to do so  this willingness of giving up to be fulfilled  justification for government o this was on behalf of the monarchy o leviathan – collective notification of will o collective will  that would be the sovereign- body of our collective will  necessity of sovereign and law o we gave our power to the state for collective will  voice and action to peace  the sovereign establishes rules/laws and judicator on conflicts with those rules o once people are in the social contract and the sovereign  limits on sovereign o cannot force us to confess to a crime
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