Terms in this set (50)

○ Key Points:. Hobbes theory of a social contract appeared in Leviathan during the Civil War in Britain. Prior to a social contract, man lived in the state of nature. Life in the state of nature was one of fear and selfishness. Man lived in chaotic conditions of constant fear. Man has a natural desire for security and order in order to avoid misery and pain. Man entered into a contract with the idea of self-preservation and self-protection. These elements are inherent to man's nature an din order to achieve this, they voluntarily surrendered all their rights and freedoms to some authority by this contract who must command obedience. The mighetest authority is to protect and preserve their lives and property.
○ State of nature? Human nature is selfish and evil People have limited altruism and are largely Egoistic (self interested) and this is their main motivation. Everyone has an equality of need, and there is a rough equality of power. Hobbes set the right of nature to pursue self interest through reason. A scarcity of resources to meet people's needs are not sufficient and there is not enough to go around. Therefore, competition sets the stage and causes a state of war. The State of nature is a state of war. In the state of nature life is solitary, poor, nasty, brutish and short.
○ Which regime is best? Absolute Monarch-subjects had no rights against the absolute authority or the sovereign and he is to be obeyed in all situations however bad or unworthy he might be. The monarch is only bound by moral obligations and natural law. Humans have in them the rationally capacity to pursue their desires as efficiently and maximally as possible. On this belief, he argues that they ought to be willing to submit themselves to political authority. Subjects must surrender all their rights and vest all liberties in the sovereign for preservation of peace, life, and prosperity of the subjects. In this way the natural law became a moral guide or directive to the sovereign for preservation of the natural rights of the subjects. For Hobbes all law is dependant upon the sanction of the sovereign.
○ How is justice defined? "might is always right"--Radical form of justice. A supporter of absolutism "law is dependent upon the sanction of the sovereign and the government without sword are but words and of no strength to secure a man at all" Real law is civil law, the law commanded and enforced by the sovereign and are brought into the world are for nothing else but to limit the natural liberty of particual men, in such a manner, as they might not hurt but to assist one another and join together against a common enemy.
○ How do we get fair outcomes? Whatever the absolute monarch determines is fair is fair. He must ensure there is order and safety, so his decisions are in the best interest of the people. No matter how bad or unfair a decision might be, one must always obey. "might makes right."
○ What makes power legitimate? Absolute power is legitimate because they can protect the people. Protection and order are the main concerns of the people.
○ Key Points:
○ State of nature? Madison develops arguments based on human nature. His views align with hobbes because no opinions on politics are the same and this leds to factionalism. However he sets the rights of man as equal. The only way to remove factionalism is to remove liberty from the individual. Differs from hobbes solution to human nature (Authoritarianism) because you cannot remove liberty. (madison wrong on this because sparta did this).
○ Which regime is best? Republican regime is best with a Balanced or mixed constitution that represents both conservative and liberalism. Both the federal government and the state government will have a balanced constitution and a republican government. Democracy is the worst form of government because it allows for the mischiefs of faction. Meaning the majority group, in a democracy can take power and cause harm to the minority group. Govt. created to protect and enforce human rights. Bad govt. can be changed if govt. violates trust of people then can be overthrown. Leadership consists of Aristocratic leaders--men of virtue due to their means. State should be small to moderate factional conflict. Legislative power is power of government. Unequal distribution of property is the origination and most prevalent factionalism. This constitution removes bad effects of factualism and preserves the good ones. "extend the sphere"- new theory of republicanism that argues state shouldn't be small because majorities can engagae in bad conduct. If we make republic large we get more diversity and enrich society. Interest group pluralism is the answer to interest group govt. In order for ambition to counteract ambition the people must enable the government to control the governed and you must oblige the govt. to control itself. ie checks and balances. Conception of separation of powers is new theory, separation for govt. function not by class. Administrative decentralization- refers to madisonian constitutional design. Large republics have more virtue because extending the sphere takes in a greater diversity of people. Constitution guarantees certain freedoms that make free association work. No centralization, local issues should be delt with at the state level since they also have republic institutions. Political parties are essentially local institutions and political institutions provide great free schools where political knowledge is formed and learned the theory of association.
○ How is justice defined?
○ How do we get fair outcomes? Separation of powers and gave voice to popular element of society but balanced it against aristocracy.
○ What makes power legitimate?