Terms in this set (72)

-Thus the basic social contract of the commonwealth must vest power in one central, sovereign authority, with power to punish those who break the contract. Under the rule of the sovereign, men are impelled, by fear, to keep the commonwealth functioning smoothly.

-if viewed as a person, the soul is the concept of soverignty and the soverign himself is the person's head
-This artificial person, representing the state in its totality, is called the Leviathan

- Desiring to escape the state of the nature through contract, all persons erect a common power at the head of their commonwealth, whether one man or an assembly, and agree to submit to its will to escape fear of each other. The sovereign is charged with doing whatever necessary to defend the commonwealth.

-Commonwealths can be formed in two ways: through institution, or agreement; and through acquisition, or force.

-There are three possible forms of sovereign authority created by contract: monarchy, aristocracy, and democracy. Of these, Hobbes proclaims that monarchy is the best because it offers the greatest consistency and lowest potential for conflict, limiting the decision-making body to one.

-He also points out "birth defects" by which the Leviathan may be a dysfunctional body. The possible scenarios by which the Leviathan may be doomed and unhealthy include the sovereign lacking absolute power, subjects maintaining faith in the supernatural rather than submitting to the learned doctrine of the sovereign, matters of good and evil being decided by individuals rather than civil law, and civil and religious authority being divided and under different powers and imitating the governments of the Greeks and Romans.

-A healthy and stable commonwealth depends on absolute respect and abeyance of the one sovereign's will.
-therefore, as when there is a controversy in an account, the parties must by their own accord, set up for right Reason, the Reason of some Arbitrator, or Judge, to whose sentence they will both stand, or their controversy must either come to blows, or be undecided, for want of a right Reason constituted by Nature; and so it is also in all debates of what kind soever."

-Hobbes points out that there is no "right Reason constituted by Nature," again noting the ineffectiveness of employing nature as the foundation of knowledge. He also points out that the judge who will settle definitions--the definitions upon which everyone agrees to agree--is appointed by the participants "by their own accord." It is this judge (eventually revealed as "the sovereign" in Chapter 18) who then becomes the needed foundation of all knowledge.

-The process of science, Hobbes says, is reason, and "Reason . . . is nothing but Reckoning (that is, Adding and Subtracting) of the Consequences of generall names agreed upon."

-Each step of the reasoning process must itself be secure in its claims, like a carefully wrought object of perfect integrity: "The Use and End of Reason, is not the finding of the summe, and truth of one, or a few consequences, remote from the first definitions, and settled signification of names; but to begin at these; and proceed from one consequence to another. For there can be no certainty of the last Conclusion, without a certainty of all those Affirmation and Negations, on which it was grounded, and inferred." From this mathematical process of philosophical reasoning, with its language of arithmetic and its geometric accretion of consequences and conclusions, one arrives at proper science: "Reason is . . . attayned by Industry; first in apt imposing of Names; and secondly by getting a good and orderly Method in proceeding from the Elements, which are Names, to Assertions made by Connexion of one of them to another; and so to Syllogismes, which are the Connexions of one Assertion to another, till we come to a knowledge of all the Consequences of names appertaining to the subject in hand; and that is it, men call SCIENCE."

-Reason involves the logical relationships among defined terms. That is what Hobbes said in chapter five. Note also that there are no examples of practical reasoning, reasoning that concludes in action or a desire for action.

-Reason is identified by its output. Someone who desires self-preservation is rational; someone who doesn't is not.
-legitimate gov is based on the idea of speration of powers

-legislative power as supreme in having ulitate authority over how the force for the commonwealth shall be employed; The legislature is still bound by the law of nature and much of what it does is set down laws that further the goals of natural law and specify appropriate punishments for them

-Executive power = charged with enforcing the law as it is applied in specific cases.

-Federative power = the right to act internationally according to the law of nature. Since countries are still in the state of nature with respect to each other, they must follow the dictates of natural law and can punish one another for violations of that law in order to protect the rights of their citizens.

- Moreover, Locke thinks that it is possible for multiple institutions to share the same power; for example, the legislative power in his day was shared by the House of Commons, the House of Lords, and the King. Since all three needed to agree for something to become law, all three are part of the legislative power ( 1.151). He also thinks that the federative power and the executive power are normally placed in the hands of the executive, so it is possible for the same person to exercise more than one power (or function). There is, therefore, no one to one correspondence between powers and institutions.

-The concept of an "appeal to heaven" is an important concept in Locke's thought. Locke assumes that people, when they leave the state of nature, create a government with some sort of constitution that specifies which entities are entitled to exercise which powers. Locke also assumes that these powers will be used to protect the rights of the people and to promote the public good. In cases where there is a dispute between the people and the government about whether the government is fulfilling its obligations, there is no higher human authority to which one can appeal. The only appeal left, for Locke, is the appeal to God. The "appeal to heaven," therefore, involves taking up arms against your opponent and letting God judge who is in the right.
-the legislators ends should be preserving freedom and equality

-ensures that the law supports the preservation of the state

-Because the populace often does not know how to pursue the common good, Rousseau asserts that there must be a guide to help the people in making the law. This guide, who Rousseau calls the "legislator," ensures that the law supports the preservation of the state. The legislator protects the law from being manipulated by private wills, and also aids the people in weighing the short-term benefits of a decision against its long-term costs. The legislator must thus be an extraordinary person in many respects. He must be extremely intelligent and able to resist the passions of the people while still taking an interest in their happiness. He must also be able to consider the present and future when making the law. The legislator is in a position to transform human nature, to substitute a moral existence for a physical one in the state of nature, and to strengthen the power of the state. Although the legislator is of a superior intellect, the people must approve his proposals before they become laws. The people cannot give up this legislative right, because only the general will can bind private individuals.

Because sovereignty remains with the people, the legislator must make the law comprehensible to the masses and must compel the people to obey the law without using violence. For this reason, lawgivers throughout history have referred to a divine authority to persuade people to support the law. Rousseau claims that religion and politics do not have the same purpose, but that in the beginning stages of a nation, religion can serve as a powerful political tool.