Notes on "A History of Political Theory" -- Episode 20

For episode 19, see here

The Theory of the Nation State

XX. England: Preparation for Civil War
 A. Lines between rival political ideas not clearly drawn in early 17th Century
      England.
       1. No need to support royal absolutism with the theory of divine right.
       2. None had to seek theoretical defense for right to resist.
 B. Thomas Moore's Utopia (1516) was political satire expressing dislike of 
      growing acquisitive society.
       1. Harked back to Platonic conception of community of cooperative
           classes.
       2. Illustrated "looking back" from coming economic age.
 C. Richard Hooker argued that Puritan refusal of obedience to establish church
      was denying all political obligation.
       1. Reason was accepted universally as soon as it was understood.
       2. Law of reason was manifestly binding on all men.
       3. Man cannot satisfy all their needs in isolation and therefore form society.
       4. Ground of political obligation is common consent by which men agreed
           to be ordered by someone.
       5. Society could never withdraw its consent to authority it has set up after
           the fact.
       6. Ecclesiastical law of England not contrary to Christian faith and therefore
           binding -- as was all law -- upon all Englishmen.
 D. Calvinists and Catholics objected to royal supremacy in the Church as an 
      invasion of it's spiritual independence.
 E. Independents split church from state, seeing the former as a voluntary
     association.
 F. Erastianism of John Seldon saw the relationship between religion and the
     king in utilitarian, secularist and rational terms not common or typical
     for times.
 G. King, courts and Parliament each seen as having inherent powers, none
      claimed supremacy until the civil war.
 H. First conflict between king and courts over royal prerogative.
       1. Francis Bacon defended the right of the King to overrule the courts.
       2. Chief Justice Edward Coke argued for supremacy of common law over
           the King and Parliament.
      3. Coke saw law as indigenous growth within the realm that defined all
          rights and obligations.

Next week:  Thomas Hobbes


     

Notes on "A History of Political Theory" -- Episode 17

For episode 16, see here

The Theory of the National State

XVII: Royalist and Anti-Royalist Theories
 A. Religious wars brought two sides of philosophy to fore,
     especially in France, people's right of defense vs divine right.
 B. Protestant attack om absolutism
       1. Constitutional argument based on medieval practices
           showing absolute monarchy to be an innovation
       2. Attempt to show philosophically that monarchy was
           contrary to universal rules of right supposed to underlie
           all government
       3. Vindiciae contra tyrannos was chief work of the French
           Protestants
           i. saw ruler as servant of the community, one that could do
             whatever its own life required
           ii. established two contracts, one of the people and king with
             God and another between the people and the king
           iii. king may be disobeyed when he goes against the 
              commands of God because people share the covenant
              with God and if they didn't take action would become
              co-conspirators
           iv. the second covenant justifies resistance to tyranny
              in secular government
           v. form of contract based largely on utilitarian agreement to
              render obedience to king to gain the benefit of protection
              of life and property
           vi. limits on the king based on his subjection to law
           vii. resistance was an expression of religion, a corporate right
               expressed through magistrates rather than by individuals
       4. Anti-royalists assumed law of nature and as defense of ancient
           liberties 
 C. Jesuits and the Pope
       1. Militant force of counter-Reformof the Roman Church
       2. Sought to reinstate spiritual leadership of Pope
       3. Kings power was from the people, only the Pope's authority
           came from God
           i. thus the king could not demand absolute obedience from
            subjects and;
           ii. Pope still could control the secular realm on spiritual
            matters
       4. Juan de Mariana saw the state of nature giving way to 
           civil society and saw the growth of government as a
           natural process and contended that the community
           controlled the rulers whom its needs created
       5. Francisco Suarez defended spiritual authority of the Pope
           but saw power of society to rule itself and its members as
           inherent property of social groups
 D. The Divine Right of Kings
       1. The attack on absolutism led to falling back on longstanding
           belief on the divinity of civil society
       2. Defense of a national establishment
       3. Rested on notion that authority had religious origin and
           sanction based on faith rather than on reason
       4. Saw law as residing 'in the breast of the king"
       5. James I defended monarchy's freedom from interference
       6. Pushed analogy of king as father to his children

Next week:  Jean Bodin

Notes on "A History of Political Theory" -- Episode 14

For episode 13 see here


The Theory of the Universal Community

XIV: Three Challenges to Christian Society

  A. Philip the Fair and Boniface VIII, France vs the papacy (1296-1303)
       1. Theory of papal supremacy brought to completion 
       2. Church saw spiritual realm including temporal means to spiritual ends
       3. Royalists tried to limit spiritual to questions of conscience making it
           dependent on secular arm for coercive power
       4. Papists saw pope supreme in the Church with both swords belonging
           to it
       5. Pope was successor to St. Peter, ruled by divine right
       6. Royalists legal formula was that the king has same power in the kingdom
           as emperor has in empire
       7. Saw king as independent of both emperor and pope 
       8. Confrontation between king and pope produced conception of the
           kingdom as political power not dependent on tradition of the Empire 
       9. Brings back Aristotle's idea of the state not requiring sanctification of
           religion to be legitimate
       10. Anti-papists argued along two lines
           i. spiritual power limited to only proper moral and religious exercise
           ii. objection to tyrannous rule and call for some form of representation
               and consent
  B. Marsilio of Padua and William of Occam (1323-1347)
       1. Temporal power established independently of spiritual 
       2. Considered question of absolute monarchy vs constitutional monarchy
       3. Problem shifted to relation between sovereign and corporate body be
           ruled
       4. Marsilio: Averroist Aristotelism
           i. separates reason from faith, both are true and yet may contradict 
           ii. reasserts human society as self-sufficient in the fullest sense
           iii. good life is good in this life and good in next, reason is truth of
                good life here with revelation as truth for the next life
           iv. consequences of religion in this life limited to spiritual teaching.
           v. clergy are just one class in the state among others and as such
               are subject to state regulation
           vi. made distinction between divine law, from God, for attaining best
                of the next life from corporate power, for attaining the best in this
                life
           vii. only human law carries earthly penalties
           viii. anticipated Luther on the priesthood of all Christians, denial of
                  hierarchy in the Church especially the pope, view of religion as
                  essentially an inner experience, and denial of cannon law
           ix. as practical, concedes a General Council to oversee the Church as
                 representative of the corporate body
       5. William: The Freedom of the Church
           i. advocated for excommunicated minority against papal sovereignty,
               rights of subjects against ruler and rights of minorities
           ii. saw theology as mainly having to do with supernatural things,
               while reason was the realm pf philosophy
           iii. continued tradition of Duns Scotus against St. Thomas 
           iv. argued for representative check on papal power 
           v. derived authority of the emperor from election by the College of
                Electors standing in the place of the people
  C. The Concilian Theory of Church Government 
       1. John Wycliffe and Jan Hus argued that the whole church (all Christians)
           was the recipient of divine law and spiritual power
       2. As part of the dependency on secular support, made the case for 
           greater dignity of royal power over spiritual power in this life
       3. Conciliarists provided first great debate on constitutionalism against
           absolutism
           i. spiritual power is vested in the church as a corporate body
           ii. clergy, including the pope, merely ministers or organs by which the
               corporate body acts
           iii. looked to custom, not will, of the people as source of authority
           iv. force of law, in general way, comes from consent
           v. the Council was to share authority with the pope but pope was allowed 
               to typically continue monarchical rule unless overstepped bounds
       4. With the failure of the conciliar movement, pope became the first of the 
            absolute monarchs and the theory of papal absolutism became the 
            archetype for monarchical absolutism

Connecting constitutional movements of the 17th and 18th centuries to the conciliar movement of the Middle Ages "was the conviction that lawful authority is a moral force while despotism is not, and that society itself embodies a force of moral criticism to which even legally constituted power is rightly subject. (327-28)

Next week:  Machiavelli
  

Notes on "A History of Political Theory" -- Episode 13

For episode 12 see here


The Theory of the Universal Community


XIII.  Universitas Hominum

  A. Rebirth of scholarly activity in 13th Century

       1. rediscovery of Aristotle

       2. concentration on theology and metaphysics

  B. John of Salisbury

       1. saw kings bound by law as everyone was

       2. carried on argument of Cicero for res publica

  C. Saint Thomas Aquinas

       1. used Aristotle as new support for Christian philosophy

       2. tried to synthesize faith and reason

       3. saw each as acting to achieve own form of perfection within a

           hierarchy of degrees of perfection

       4. saw Aristotelian society of mutual exchange for achieving the good life

       5. ruler derives power from his part, under God, in the community of

           directing every class towards a happy and virtuous life

       6. offered no clear definition of lawful authority or of its derivation (or the

           kings relation to law)

       7. law was one aspect of the cosmic system by which God rules the world

           i. all different manifestations of the same principles

           ii. Eternal Law -- the eternal plan of all creation, not knowable

           iii. Natural Law -- reflection of Eternal Law in created things

           iv. Divine Law -- revelation from God in the Scriptures

           v. Human Law -- ius gentium and ius civile, applies to humankind the

           divine principle

       8. Human Law is Natural Law made to cover man


"For both men [Aquinas and Locke], the ruler is as definitely bound by reason and justice as his subjects, and his power over the positive law arises from the need of keeping it in agreement with Natural Law. Enactment is less an act of will than an adjustment to times and circumstances. (259)


 D. Dante sought to show the Emperor's authority derived directly from God but

      not dependent on God.

 E. For all three thinkers, human race forms a single community whose existence

     implies a single head.

 F. Out of line with Aristotle's presumption that the state is an outgrowth of the

     natural evolution of society, justified by the moral values it sustains without

     religious sanction.


Next week: Three Challenges to Christian Society    


Notes on "A History of Political Theory" -- Episode 12

For episode 11 see here

The Theory of the Universal Community

XII. The Investiture Controversy*

  A. Thinking on political and social ideas preserved from antiquity reemerged

       in the 11th Century

  B. Main issue was contest between Emperor and Pope, a jurisdictional dispute 

       between two principles of authority for a single Christian society 

  C. The Church's claim based on the idea of Christian society as the foundation

       underpinning a Christian state

       1. Church strengthened by Pseudo Isidorian Decretals of the 9th Century

           concerning centralization and papal authority

       2. greater seriousness and militancy of churchmen in pursuit of Christian

           ideal connected with Cluniac Reforms of the 10th Century

       3. John of Salisbury placed both swords in the hands of the Church

   D. The Emperor saw himself as subject only to God in temporal affairs

       (forerunner of Divine Right)

       1. His office was his property and heritarty

       2. The two swords were independent of each other

*Note:  From Wikipedia -- "The Investiture Controversy or Investiture Contest was a conflict between Church and state in medieval Europe over the ability to install high church officials through investiture. By undercutting imperial power, the controversy led to nearly 50 years of civil war in Germany..... It began as a power struggle between Pope Gregory VII and Emperor Henry IV in 1076."

Next week: Universitas Hominum   

Notes on "A History of Political Theory" -- Episode 11

For episode 10 see here

 The Theory of the Universal Community

 XI. The Folk and Its Law
    A. Between 6th and 9th Centuries, Roman Empire (and antiquity) broke.
       Europe came under Germanic invaders
    B. Repeated invasions in 10th and 11th Centuries, little philosophical or 
       theoretical activity
    C. Authority of Fathers Cicero unbounded
    D. Early Middle Ages political thought
       1. Germanics saw Law as belonging to the folk as if it were an
          attribute of the group
       2. there was great diversity of laws
       3. Law seen to be externally valid and to some degree sacred, pervaded
          all of life
       4. Law seen to be discovered not made

"The belief that law belongs to the people and is applied or modified with their
  approval and consent was therefore universally accepted.... Historically the
  apparatus was later than the idea that the people was a corporate body which
  expressed its corporate mind through its magistrates and natural leaders."(206) 

       5. King bound to follow Law as it could be ascertained by consulting
          immemorial practice
       6. each enjoyed protection of Law according to rank and order as his fathers
          had
       7. limits on the king were therefore vague
    F. Three sorts of claims to royal power were combined
       1. Kings inherited throne
       2. Election by the people
       3. Ruled by grace of God
       4. first two became more distinguished as constitutional practices became
          regularized and clearly defined
       5. Monarchy and Papacy became elective (in the Empire)
    G. Feudal relations and ideas
       1. large political and economic units not practical
       2. agricultural practices and conditions made the village community and
          farm lands almost self-sufficient
       3. System of land tenure and vested rights
          i. land was wealth
          ii. obligations were contractual, mutually binding
       4. King was titular representative of the public interest, his rule stood on
          res publica as a continuation of the commonwealth tradition with king
          as chief magistrate
       5. King was not absolute, acted through his court or council
       6. John of Salisbury recognized the ancient tradition

Next week: The Investiture Controversy