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University of Toronto Scarborough
Political Science
Andy Lee

ARISTOCRACY Plato – The Republic  rule of the bests (aristoi) = philosopher-kings - ideal luxurious city that is completely happy (kallipolis) only exist when philosophers rule as kings, b/c matter of justice: it’s just that only best should rule - leading genuinely & adequately philosophize, until political power & philosophy entirely coincide - best of complete guardians – who believes to pursue what’s advantageous to city & unwilling to kreitton  aristoi must rule for city-state (polis) to act as 1 unit w/ common purpose  implies inequality  less-than-good members of city obliged to obey rulers :. generates resentment w/in city CHURCH (as political/legal institution = politeia) Early Catholic Teaching  Church as new political entity = Christianitas (Christendom) - state w/ own universally-inclusive jurisdiction of all Christians, under rulership of Pope (vicarius Christi) - Church continued exist after collapse of Roman Empire → self-view as successor  believe inherited right to rule over world as Empire did :. Roman Catholic  Popes - chief priest of Church & temporal ruler (like king) - vicar (representative) of Christ on earth = king of kings, supreme over all rulers - exercise plenitude of power (plenitude potestatis) th 13 Century Catholic Church  jurisdictional conflict 1. Unam Sanctam – Pope Boniface VIII vs. King Philip IV of France 2. both claim universal jurisdiction – Roman Catholic Church vs. Holy Roman Empire (Germany) - Church over all Christians via spiritual sword:  hierocratic theory » empire as elective kingship – Emperor elected by German Prince-Electors :. didn't inherit Imperial Crown: vacancy → election Reichstag → emperor-elect not called emperor but Rex Romanorum (ruler of Romans) → elected candidate must ravel to Papl curia in Rome to be crowned Emperor - Empire b/c Emperor = dominus mundi (lord of world): seeks expand powers & reclaim Roman Empire » Emperors (Henry of Luxemberg, Ludwig of Bavaria) recapture lands Northern Italy, claim as own » Dante – argued for total trust in Emperor as only force powerful enough to overcome faction & bring lasting peace Marsilius of Padua – Defender of Peace  Church ≠ state - not jurisdictional body w/ coercive power - priestly power diff from temporal power - plentitude potestatis contrary to Christ’s teachings - Church ≠ legislator humans COMMONWEALTH (or state) Bodin – On Sovereignty  1.1 = “ A commonwealth is a lawful government of many families, and of that which unto them in common belongeth, with a puissant sovereignty - need puissant sovereignty to hold commonwealth together - private law analogy:  need paterfamilias to hold household together 1 unit :. need supreme figure to hold republic together DEMOCRACY Plato – The Republic  rule of the poor people/mass (demos)  Plato suspects it; not all is fit to rule - never proper regime for kallipolis b/c rule of demos is not of aristoi & not according to virtue - unjust to establish relation of ruling & being ruled contrary to nature = worst rule over best  not a constitution (but supermarket of constitutions)  unfair:  b/c giving equal share in ruling all = less-qualified in positions of power  injustice b/c lower classes meddling & interfering in work rightfully belonging to Guardians  dangerous:  b/c driven by freedom of masses to pursue their desires (utilitarianism = society should be organized to maximize preference-satisfaction)  extreme freedom → extreme slavery b/c instead of mastering desires, we become slaves to desires Aristotle – Politics  regime where those who are free, not wealthy & in numerical majority are in control of govment - different kinds of democracy  property qualification – only those w/ specified amount of property/$ can participate in politics  universal participation – very poor, low-born & wealthy, well-born alike, all participate  politeia = mixture 2 forms: democracy & oligarchy (rule of wealthy few) DIVINE LAW (or law of God) Aquinas – The Summa of Theology  constituted by arbitrary will of God  revealed by supernatural revelation (scriptures) ETERNAL LAW Aquinas – The Summa of Theology  based in divine reason  concerns eternal bliss (beatitudo)  created by God as ruler of whole universe  “the rational plan of divine wisdom considered as directing all actions and movements” FORTUNA (Fortune) Machiavelli – The Prince  Metaphor, positions prince’s virtu against power of fortune (fortuna) - Ch.25 fortune = arbiter of half our action, but allows us control the other half  = none controls their circumstances, partially controlled by arbitrariness of fortune - policy of virtuous prince  take preparatory steps necessary to limit potentially harmful consequences of fortune  must limit dependence on fortune for securing his position & learn rely own virtue :. when misfortune strikes, will be prepared to minimize harm  must be pro-active, not passive in his govment b/c fortune could turn against him » Francesco Sforza: used appropriate methods to exploiting his great ability [virtu], from private citizen became Duke of Milan; maintained w/ little trouble the position that he attained w/countless difficulties » Cesare Borgia: attained position through help of his father & lost it when these disappeared » Francesco had exemplary virtu to stay in power, but Cesare Borgia lost power b/c dependent on fortuna GOD  Circero – stoic conception of natural law  Augustine – 2 cities/forms of govment: 1. earthly secular gov 2. heavenly divine govment  Medieval – kingship = best govment b/c imitated rule of God  Aquinas – whole cosmos = polis under divine rulership of God; everything is law governed  Marsilius – God no direct role, grants discretionary will to humans to conduct own political affairs  Roman Catholic – papal plentitude of power - Christianitas - unam sanctam - hierocratic theory  Protestant Reformation - Luther: priesthood redundant – 1 could by-pass priestly intermediary & directly connect w/ God through faith, not works - Calvin: magistrate = rep of God :. must obey their office; exception = resistance HIEROCRATIC THEORY th 13 Century Catholic Church  Papacy hold supreme authority in both spiritual & temporal matters - Two-Swords doctrine - pro-papal Unam Sanctam - since coronation of Charlemagne as Roman Emperor by Pope, title of Holy Roman Emperor only conferred by Pope b/c Papacy claims right to powers of Roman Empire aft its collapse :. empire = creation of Church in service & defence of Church, Emperor = dependent on Pope HUMAN LAW Aquinas – The Summa of Theology  based on human reason  concerns the good of civil peace: “most important social good”  created by temporal ruler who “discipline through fear of punishment…to bring about peace and virtue among men”  to qualify as law, human law must be derived from or agree w/ natural law » Roman law  relation btw human/natural law: - natural law = yardstick to measure justness/rightness of human law - human law doesn’t agree w/ natural law ≠ law - :. human law & natural law don’t coexist, natural law is superior & prior » doctrine of double-effect » stealing in time of urgent need John Calvin – Institutes of the Christian Religion  aka positive law b/c is posited (lex positiva)  all persons subject to moral law of God (spiritual & human law (temporal) LAW Aristotle – Politics  law, not particular person, should be supreme w/in polis - serve as legal limitation on exercise of public authority  theory of law – if law should be supreme, then law is: - 3.16 “The law is intelligence without appetition…the mean” - law has to be inherently rational - reason/logos (power of speech) = true author of law, not humans Cicero – De Legibus  achieving res publica needs a system of rule of law  2 translations in Latin - Jus = right, in the sense of an objective norm or standard  connection to justice (justitiaI)  I.42 right-ness (jus) is natural, not conventional; rooted firmly in social bonds between members of res republic  I.28 “We are born for justice,” naturally inborn in all humans → I.33 Every human by nature has reason → ‘Right reason’ is a part of reason → ‘Right reason’ is jus. :. Every human has natural capacity to live according to jus - Lex = statutes formally passed and promulgated by the populus  not all lex is jus  need objective standard (jus) to evaluate moral ‘right-ness’ of lex » to reform Rome’s leges to be more jus-like = rationalize law, make it conform to requirements of ‘right reason’ Aquinas – The Summa of Theology 3 requirements  “Law is nothing else than an ordination of reason for the common good promulgated by the one who is in charge of the community.” 1. must be based in ‘reason’  Law = a rule/measure of action by which 1 is led to action/restrained from acting; the rule & measure of action = reason  “In order for an act of will…to have the character of law, it must be guided by some reason.” 2. must concern ‘common happiness’ (felicitatem communem)  like eudaimonia, summum bonum  Law must concern itself in particular w/ happiness of the community” 3. must be authorized & enforced by proper lawmaking authority  “Prince in a state” & “any father of a family…in his household.” Types of law  Eternal law  Natural law  Human law  Divine positive law Marsilius of Padua – The Defender of Peace Lawmaking Will (voluntas)  classically defined = doctrine of right (juris-prudentia) follows Aristotelian outlines  Marsilius defines:  law & states are product of human will; human will creates law & states  1.10.5 “Not all true cognitions of matters of civil justice and benefit are laws unless a coercise command has been given concerning their observance.”  not enough that a rule be intrinsically reasonable/beneficial to common good, there must be commanding lawmaking will in order for there to be law; else we only have suggestions/advice/reasons/wishes for action  voluntarist theory of law = what makes law ‘law’ is that 1 wills it & not b/c it’s intrinsically rational (like Aristotle/Aquinas)  only human legislator’s will counts - ruler’s will doesn’t produce law - unlike legislator, ruler constrained by law - making law ≠ ruling according to law Bodin – On Sovereignty Law & Sovereignty  law = nothing but commence of a sovereign making use of his power - Aristotle, Cicero, Aquinas shouldn’t define in terms of what law should be - Bodin: unjust law = valid law  morality of law diff from validity of law  law ≠: - a contract - perpetual = can always be changed by sovereign  sovereign’s absolutism concerns only human law :. must be exempt from human law b/c self binding = impossible  all sovereigns obligated by natural law & divine law » must observe contracts - can’t alter constitutional law - bound by contracts & obligations of predecessors LEGISLATOR HUMANUS (human legislator) Masilius of Padua – Defender of Peace  legislator (efficient cause of law) = the ppl/whole body of citizens/weightier part thereof (valentior pars) - through its election/will expressed by words in general assembly of citizens, commanding/determining that something be done/omitted w/ regard to human civil acts - can make law directly by itself/entrusts to other persons  whole body of ppl = argument for democratic legitimacy  weightier part = not a theory of elective democracy  1.15.2 “the efficient power to establish or elect the ruler belongs to the legislator or the whole body of citizens (universitas civium)”  human legislator → creates ruling part  ppl’s election is: a. necessary: w/out formal act of election, even most able leaders ≠ legitimate rulers (counters Plato on statesmanship as techne) b. sufficient: rulers who have no ability as leaders = legitimate, as long as elected c. better than hereditary succession - ppl can correct/depose ruler if necessary  members of Church ≠ legislator humans b/c united by faith for spiritual purposes, not for living-well MIXED CONSTITUTION Aristotle – Politics  polity & aristocracy = different mixtures of democracy & oligarchy b/c contains elements of both - both rich & poor participate in politics  power shared overlapping across diff parts (wealthy class & common group) of state - if mixed form resembles oligarchy = aristocracy - resembles democracy = polity - middle class have major role in politics in mixed constitution Polity = most correct mixed constitution  ethical doctrine: cultivate mean, not extreme; virtue always a mean - avoid giving much power to extreme elements of constitution  avoid poor b/c lack virtue & ability to rule well  avoid wealthy b/c not willing to submit to law  middle constitution: give power to middle class = mean btw/ 2 extremes of wealth & poverty - middle citizens = most secure :. state stable - constitutional change (factions) takes place when no middle constitution » Roman Republic: magistrates + senate + popular assemblies » Holy Roman Emperor (Germany): Emperor + Princes of Reichstag + Free Cities Bodin – On Sovereignty  state where ppl have some rights of sovereignty, aristocratic nobility have another set of rights & prince has yet another set Criticism  denies existence - mixture ≠ a state, but corruption of a state  explaining decentralized commonwealths of Roman Republic 1. distinguish the form of state = democracy b/c all power originated in Roman ppl 2. mode of governing = mixed b/c only appeared so, but really sovereignty always remains indivisible MILITARY VIRTUE (arms) Machiavelli – The Prince  most important way new prince can protect against fortune & secure stability = through good arms/military preparedness  advises prince to learn art of war: - Ch.14 ruler’s only objective = war methods & practice; if concern more with refinements of life than with military matters = lose power - use mercenaries b/c they’ve no affection for you - essential to raise own army or else rely completely on luck/favour of others (fortuna) MONARCHY/KINGSHIP Medieval Political Thought  regarded most favoured form of government b/c imitated divine for of rule of God - king = head, kingdom = body  head governs poorly → removed & replaced » pope governs poorly → Church Council resistance  must govern by consent & according to law NATURAL LAW Cicero – De Legibus  Cicero acknowledges Stoic conception of natural law  ‘higher’ natural law of God is wi/in human nature = distinct species capable of reasoning  I.16-35 the nature of law must be sought in nature of man; man = 1 species which has share in divine reason & is bound together by partnership in justice”  I.23 reason present in both man & God, there’s primordial partnership in reason btw man & God; share right reason; since that is law, men must also be thought of as partners w/ gods in law; those who share law share justice - law = right/standard reason, commanding what must be done & prohibiting what must not be done  I.18 law = highest reason rooted in nature, commands what must be done & prohibits the opposite  which lex ought to follow:  De Rep.III.33 wrong to pass laws (lex) obviating this law (jus)  but this happens often in human history – I.42 laws of the tyrants  human potential only realized in communities where duties can be defined  so participation in politics = obligation of duty, to improve community  b/c nature’s final goal for humans is to be in perfect rationality/virtue Aquinas – The Summa of Theology  nature/God endowed humankind w/ essential nature = entails humans to abide certain rules of conduct - humans (rational creatures) participate in God’s eternal law - “Nothing else than the rational creature’s participation in the eternal law,” where the eternal la
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