Showing posts with label legislature. Show all posts
Showing posts with label legislature. Show all posts

Wednesday, February 12, 2020

Notes on "A History of Political Theory" -- Episode 29

For episode 28, see here

To start at the beginning, see here

The Theory of the Nation State: The Moderns

XXIX. Liberalism: Philosophical Radicalism 

"The history [of philosophy of natural rights] was an example of the paradox of which Hegel was so fond, that a philosophy is fully developed in its details and
applications only when its main principles have come to be taken for granted
and to that extent have become retarded in their speculative development." 669

 A. Liberalism of the 19th Century was reaction against the excesses of the
      Revolution and on reliance on "self-evident" axioms.
 B. Defined classical liberalism, in essence a program of legal, economic and
      political reforms connected, as they supposed, by the fact of being all
      derived from the principle of the greatest happiness of the greatest
      number.
 C. Chief ideas that actuated the Philosophical Radicals:
       1. Greatest happiness principle as a measure of value.
       2. Legal sovereignty as an assumption necessary for reform through
           the legislative process.
       3. A jurisprudence devoted to the analysis and censure of the law in
           light of its contribution to the greatest happiness.
 D. Four dimensions of pleasure or pain (for calculation):
       1. Intensity.
       2. Duration.
       3. Certainty it will follow given kind of action.
       4. Remoteness from the time it will occur.
 E. Greatest happiness principle useful in stripping away 'fictions' and 
      recalling that real individuals are affected by law and government
      actions. 
 F. Allocation of pains and pleasures by good legislation brings about most 
     desirable results.
       1. Utility only reasonable grounds for such legistation and obligation
           to obey.
       2. Property rights justified by the need for security and certainty of the
           results of our actions.
 G. Jeremy Bentham's liberal humanist feeling caused him to temper the
      greatest happiness principle (efficiency) by holding equality of men in
      calculating happiness.
 H. Classical economics grew alongside Bentham's social philosophy 
      from the same roots in Adam Smith, via David Ricardo, Thomas Malthus 
      and the French successors to François Quesnay and the Physiocrats. 
       1. Laissez faire theory
       2. Economics and politics mutually interdependent with 'law-like'
           economic behavior.
       3. Embraced two diverse points of view:
           i. natural order as inherently simple, harmonious and beneficent
           ii. belief this order is devoid of ethical attributes and its laws have 
               no relation to justice, reason or human welfare
           iii. the first assumption corresponds to a static social free-market
                that will produce most cheap harmony of interests 
           iv. the second corresponds to the social dynamics of distribution 
                of the total product of that market through economic classes 
                where what one gets depends on which class one is in
       4. At odds with utilitarian principle which requires a harmony of
           interests which is not natural but must be produced by legislation.
 I. Malthus proposed two laws:
       1. In general, population increases faster than production of food.
       2. Law of rent -- food is the product of land and land is peculiar in
           that it is limited in amount and differs in productivity. Rent is the
           difference between productivity of any given piece of land and that
           of land which at prevailing food prices would just fail to pay the
           cost of use.
        3. Rent therefore contributes nothing to production and landlords
           are economic parasites. (Ricardo), and;
           i. increase in food prices brings less fertile lands under cultivation,
              increases rent and increases population which increases prices
           ii. implies law of wages -- except for temporarily, wages cannot
              rise above or fall below subsistence level 
           iii. total product of industry in general distributed as rent, wages
               or profit with profits falling as rent increases
           iv. does not mesh on theoretical level with a neutral free market
               but on practical level led to policy of free trade
           v. Marx had ready made picture of exploitation of labor (profit was
               economic rent paid to the holders of the means of production
 J. Bentham saw that Liberal government need not be defended by accepting
     its inefficiency.
       1. Shared Hobbesian view of men driven by desire for power which
           institutional limitations cannot check.
       2. With Bentham rejected any conception of balancing of powers.
       3. Saw middle class as "wisest part of the community" which lower
           classes would follow. 
       4. Unified egoistic theory of individual motivation and belief in the 
           natural harmony of human interests.
 L. Philosophical Radicalism had great practical effect in 19th Century
     England.
       1. Had no positive conception of a social good and a passive view 
           of government.
       2. Left need for some conception of social good and positive government.

Next week:  Liberalism Modernized





     

 


Thursday, February 6, 2020

Notes on "A History of Political Theory" -- Episode 28

For episode 27, see here

The Theory of the Nation State: The Moderns

XXVIII. Hegel: Dialectic and Nationalism
 A. The typical conclusions of the Enlightenment:
       1. Hume showed ambiguities of "reason."
       2. Rousseau set up reasons of the heart (sentiment) against reasons
           of the head.
       3. Immanuel Kant sharpened contrast of science and morals (and between
           theoretical and practical reason) to preserve both.
       4. Georg Wilhelm Friedrich Hegel sought unifying synthesis through
           transcending analytic logic of science. 
 B. Hegel proposed dialectic to demonstrate logical relationship between
      fact and value.
 C. Revolution seen by many, including Hegel, as destructive, doctrinaire
      attempt to remake society and human nature.
       1. Therefore necessity of reconstruction of continuity of national
           institutions.
       2. But was to be reconstruction of stability by the creative forces
           of the nation.
 D. The nation, not the individual, is the significant unit of history via the 
      genius or spirit of the nation -- Volksgeist.
 E. Hegel's political philosophy built around the dialectic and the theory
      of the nation state as the embodiment of political power.  (These two
      did not necessarily entail each other.)
 F. The historical method:
       1. Method of studying history also could be applicable to other
           social studies.
       2. Mode of deriving from the order of historical events standards
           of valuation with which to access significance of particular
           stages in evolution (a philosophy of history).   
       3. Assumed single pattern or law of development that can be 
           exhibited by a proper arrangement of subject matter.
       4. Order is not imposed but immanent.
       5. Standards progressively revealed in evolution of morals, 
           law, etc., provides historically objective standard of values
           to fill vacant place of natural law.
        6. Hegel sought to show necessary stages by which reason 
           approximates the Absolute.
       7. Understanding and reason were faculties of analysis and 
           synthesis respectively and dialectic unites the two.
       8. Understand "breaks up" organic wholes, it is the philosophic 
           basis of indivualism.
           i. fosters illusion that men can remake society
           ii. misses organic creative continuous growth
       9. Only reason can see below historical detail to perceive forces
           that really control events and thus understand that the process
           should be as it is.
 G. In study of religion, following Herder and Lessing, saw succession of
      world religions as progressive revelation of religious truth.
 H. Thought Western civilization product of Greek free intelligence and
      deeper moral and religious insights of Christianity.
 I.  The process of development of the spirit of a people:
       1. Period of "natural" happy but largely unconscious spontaneity
           (thesis).
       2. Period of painful frustration and self-consciousness in which
           the spirit is "turned inward" and loses its spontaneous 
           creativeness (antithesis).
       3. Period in which spirit " returns to itself" at a higher level
           embodying insight gained from frustration (synthesis).
       4. The total process is "thought."
 J. Hegel saw freedom as existing only within bounds of a nation state.
       1. The state is the expression (de facto power) of national unity and
           a national aspiration to self-government.
       2. The state is consistent with any lack of uniformity which does not
           prevent effectively unified government (such as class differences).
       3. With Machiavelli saw no higher duty for the state than its own 
           strengthening and preservation.
       4. The state is the realm in which the Idea of Reason materializes 
           itself (The German Constitution, 1802).
 K. Realization of national spirit contributes to progressive realization of
      the world spirit and is the source of dignity and worth that attaches
      to private concerns of individuals. 
       1. Freedom is voluntary dedication to that realization.
       2. National monarchy is the highest form of constitutional government.
 L. Dialectic and historical necessity (The Philosophy of Right, 1821). 
       1. Dialectic is the new method.
       2. History of a people records the growth of a single national
           mentality that expresses itself in all phases of its culture.

"The individual is for the most part only an accidental variant of the culture
  that created him and insofar as he is different his individuality is more
  likely to be capricious than signficant."

       3. Dialectic is the opposition of forces moving in orderly equilibrium
           and emerging in a pattern of progressive, logical development.
       4. Contradiction means fruitful opposition between systems that 
           constitutes an objective criticism of each and leads continually to
           a more inclusive and coherent system. (Dialectic could manifest as 
           evolution or revolution.) 
 M. Hegel claimed dialectic as logic of reason to supersede logic of
       understanding.
       1. Dialectic both moral judgement and causal law of historical
           development.
       2. Unites relativism with the absolutism.
 N. Dialectic offered no criterion of rightness except success of outcome.
 O. Hegel: individualism and theory of the state.
       1. Individualism had no hold in Hegel's Germany and the same with
           sense of national unity.
       2. Hegel's Philosophy of Right deals with the relationships between
           individual and the social and economic institutions.
       3. Placed state as on a level of political evolution above civil
           society (the result of the end of feudal law and institutions).
       4. Revolution's ideals of liberty and equality made state a mere 
           matter of private interest, a utilitarian device for satisfying private
           needs elevating abstract individualism over society and state.
       5. The individual's best interest lies in being a member of society and 
           the state.
       6. Individualism indifferent to moral and spiritual development of 
           personality by falsifying the nature of social institutions through
           regarding them only as accidental and mere utilitarian devices to 
           satisfy irrational needs
       7. Hegel shared the "Greek notion" of citizenship not in terms of private
           rights but of social functions. 
 P. Hegel saw individual motives as capricious and sentimental, with civil
     civil society as a realm of mechanical necessity, a result of irrational 
     forces of a society.
       1. Society, apart from the state, is governed by non-moral causal laws
           and hence ethically anarchical.
       2. Only the state embodied ethical values and ought therefore to be
           absolute.
       3. Individual attains moral dignity only as he devotes himself to
           the state.
       4. Hegel's theory of freedom implied nothing definite in the way of
           civil or political liberties but he did not reject them in practice. 
       5. The state depends on civil society as the means of accomplishing
            the moral purpose it embodies.
       6. The state is absolute but not arbitrary, it must rule through law and
           law is "rational."
       7. Civil society consists of corporations and the legislature is where
           they meet the state.
       8. The legislature only advisory to the ministry of the governing class
           or "universal class."
 Q. Hegel's constitutionalism not liberal (i.e., democratic procedures)
      but based on orderly bureaucratic administration not subject to
      to public opinion but to the public spirit of an official class that
      stands above conflicts of economic and social interests.
 R. Hegel united Rousseau's general will (the manifestation of the 
      spiritual force forming the core of reality) and Burke's religious
      vision of history as a "divine tactic." 
 S. Replaced eternal system of unchangeable natural law with a
      rational unfolding of the Absolute in History.
       1. Reason manifested itself in social groups not individuals.
       2. Society seen as system of forces rather than community of 
           individuals.
       3. Highlighted importance of historical study of institutions but
           left individual actions as merely a "reflection" of social forces.
       4. Can be seen as giving rise to Marxism (a direct link), the English
           liberalism of Oxford idealists and the Italian fascists. 

Next week:  Liberalism -- Philosophical Radicalism
 
 
 

Wednesday, January 8, 2020

Notes on "A History of Political Theory" -- Episode 24

For episode 23, see here

The Theory of the Nation State

XXIV. Halifax and Locke
 A. The Glorious Revolution indicated monarchy was to stay,
      albeit limited by Parliament. 
 B. Halifax was an empiric skeptic.
       1. Saw so-called "fundamentals" and "general principles"
           as pretense cloaking pursuit of partisan advantage.
       2. Laws based on such are attempts to bind the future.
       3. Government depends on (unspecifiable) inherent power
           of self-development of the people which may or may not
           be expressed through representatives and may be expressed
           through leadership in crucial cases.
       4. Argued for constitutional monarchy. 
 C. Locke was an empiricist, rationalist philosopher.
       1. Tapped medieval tradition (of moral restraints on power,
           responsibility of rulers to community and government 
           under law) through Hooker (Episode 20) and passed it 
           on to the 18th Century. 
       2. Relying on common sense, fails to get to first principles.
       3. His community based theory conflicts with Hobbes analysis
           of community as a result of individual cooperation.
       4. However, Locke used both conceptions:
           i. Accepted first as result of seeing England as a community
             existing through time despite change in government.
           ii. Had to describe society in terms of individual interests.
           iii. Made over natural law into claim of innate, indefeasible
             rights with government existing to preserve these.
       5. Saw state of nature as one of peaceful mutual assistance
           lacking only organization to give effect to these rights.
       6. Saw positive law adding no moral force to pre-exisiting
           moral laws which are broader.
       7. Private property results from mixing labor with land,
           extending ones personality to it.
       8. Right to private property is anterior to society.
       9. Life and liberty are also natural rights.  
 D. Both Locke and Hobbes helped fasten on social theory the
      presumption that individual self-interest is clear and 
      compelling while social interest is thin and unsubstantial.
       1. Locke assumed that common good equaled protection of
           individual rights.
       2. For Hobbes' calculation of security, Locke substituted
           the calculation of pleasure.
 E. Contract
       1. Civil power rests on the individual right to protect 
           himself and his property.
       2. Legislative and executive power of government is only
           what is resigned to it by individuals.
       3. By an original compact do men incorporate into society.
       4. Implicit are two separate compacts, one for society and 
           one for government. 
       5. Individuals must unanimously consent to form body
           politic and are therefore obligated to submit to it.
       6. As decision rule of that body is by majority, government
           depends on what that majority does with the power
           deriving from the original compact. 
 F. Grant of power to government divests people of power
      as long as government is faithful to its duties.
 G. Revolution is justified when the government seriously
      jeopardizes social interests because the moral order is
      permanent and not dependent on force.
 H. Four levels of Locke's theory (often confused)
       1. Basis in the individual and his rights
       2. Men are also members of a community acting as trustee
           of these individual rights.
       3. Government is the trustee for the community.
       4. Executive less authoritative than the legislature. 

Next week: France and The Decadence of Natural Law


 
         

Wednesday, November 20, 2019

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