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LAW, POLITICS

AND SOCIETY
Post-mid
Lecture Notes

CIVIL SOCIETY_____________________________________________________________3
DEFINITION:_______________________________________________________________3
What does Civil Society encompass?____________________________________3
Democratic Functions of Civil Society___________________________________4
POLITICAL IDEOLOGY_____________________________________________________7
Definition:______________________________________________________________________7
The role of ideas_______________________________________________________________7

Behaviourism:-_____________________________________________________________________7
Dialectical Materialism:-____________________________________________________________7

What is IDEOLOGY?_______________________________________________________7
Definition:______________________________________________________________________7
Marx on Ideology:______________________________________________________________7
Lenin:___________________________________________________________________________8
Antonio Gramsci:_______________________________________________________________8
Marcuse:________________________________________________________________________8

Positive or Neutral View__________________________________________________9


Mannheim:______________________________________________________________________9
Ideology and Utopia___________________________________________________________9
1. Total Ideology______________________________________________________________9
2. Particular Ideology_________________________________________________________9

Conservative concept if ideology________________________________________9


Oakeshott:______________________________________________________________________9

Political Spectrum_______________________________________________________10
LIBERALISM______________________________________________________________11
Origins and Development_______________________________________________11
Economy:_________________________________________________________________11
Political:__________________________________________________________________11
Change Over Time_______________________________________________________12
Change in Ideas:_________________________________________________________12
Central Themes__________________________________________________________12
THE INDIVIDUAL______________________________________________________________13

Positive and Negative theory of liberty.__________________________13

REASON_______________________________________________________________________14
JUSTICE________________________________________________________________________14
John Locke-____________________________________________________________________________14

TOLERATION & DIVERSITY____________________________________________________15

Liberalism, Government and Democracy______________________________15


The Liberal State_____________________________________________________________15
Constitutional Government__________________________________________________16
Democracy____________________________________________________________________16

CONSERVATISM__________________________________________________________17
Central beliefs in conservatism________________________________________17
1) Tradition___________________________________________________________________17
2) Human Imperfection______________________________________________________17
3) Organic Society___________________________________________________________18
4) Hierarchy and Authority:_________________________________________________18
5) Property:__________________________________________________________________18

SOCIALISM_______________________________________________________________19
Origin & Development__________________________________________________19
Basic Idea behind Socialism____________________________________________21
1. Community:_______________________________________________________________21
2. Cooperation:______________________________________________________________22
3. Equality:___________________________________________________________________22
4. Social Class:_______________________________________________________________23
5. Common Ownership______________________________________________________24

CIVIL SOCIETY
DEFINITION:
Civil society is the realm of organized social
life that is open, voluntary, self-generating, largely selfsupporting, autonomous from the state and bound by a
legal order or set of shared rules.
District from society.
- Involves citizens to act collectively in Public sphere.
- To express their interests, passions, preferences & ideas.
- To exchange information, to achieve collective goals.
- To make demands on the state & hold state officials
accountable.
Intermediary Entity standing between private sphere and the
state (public)
-Excludes individual and family life and inward looking
group activity like (recreation, entertainment, religious
worship etc.).

Civil society can be traced back to Rousseau romanticization


the idea of the people.
(People coming together and getting rid of autocracies).

What does Civil Society encompass?


1. Economics (Productive and commercial association
networks; APTMA).

2. Cultural (Religious, ethic, communal and spiritual network


associations etc.; Jamiyat).
3. Informational and Educational (Devoted to the production for
public knowledge ideas, news, info. Etc.; TCF).
4. Interest Based (devoted to advancing interests of its
members/workers; Shaheen foundation for retired air force
officers).
5. Developmental (Providing resources to improve
infrastructure, institutions and quality of life for community;
USAID, ITA, Akhumat).
6. Issue Oriented (environmental protection, women rights,
children rights etc.) HRCP.
7. Civic (Improve political system, voter education) Vote or
DTC.

Civil Society encompasses the ideological marketplace.


Mass media, universities, think tank theatre, film production
companies.
Needs to be clearly understood that civil society is NOT
everything thats not part of the state or the formed political
system.
It is not synonymous with society.
Voluntary, autonomous, rule-abiding yes but also some important
characteristics is how it differs from any social group.
1. Concerned with public not private end.
2. Relates to the state but doesnt wish to win political power.
They want concessions, benefits, policy changes, relief,
redress or accountability etc. but not power or office.
3. Encompasses pluralism & diversity.
4. Partialness:-

Different groups represent different interests.


No group can claim to represent all of a persons or
community interests.

Democratic Functions of Civil Society


Civil society is different from political society i.e. party
system.
1. Limitations of state power:There are two ways.
To monitor and restrain use of state power by
democratic governments.
Demonstrate authoritarian regimes.
2. Stimulating Public Participation:Political participation, increasing political efficiency of
democratic citizens, promoting an appreciation of obligations
as well as rights of democratic citizenships.
De Tocqueville observation.
American population then and now.
3. Consolidation of Democracy: Vital instrument for containing the power of democratic
governments.
Essential for consolidating and maintaining democracy
than for imitating it.
4. Development of other democratic attributes:Contribute to tolerance, moderation, compromise and
respect for opposition.
5. Providing channels of articulating interests:Providing channels of articulating interests other than
political parties. This is especially important for group that
have been denied power e.g. women minorities etc.
6. Generates opportunity for participation:Generates opportunity for participation especially at the
local level. Because its at the local level but that the
historically marginalized are most likely to affect change.

Deepening of democracy and the transition of


clientelism to citizenship.
7. Mitigate polarities and historic differences:People can come together for same cause and this can help
them overcome historic differences.
8. Explicit democracy building objectives:Non-partisan election monitoring e.g. Carter foundation.
Governmental accountability.
Strengthen the legislature.
Enhance governmental accountability.
Human rights, minority rights, freedom of speech.
Social groups can never encompass what the political
parties can.
Shouldnt threat political parties /party system.
9. Discriminates Information:People find out what is on their benefit and what is not.
Free press Lahore press club.
Giving people hard information highlighting the contradicting
story.
10.
Importance of spreading information for Economic
Reforms:successful information of reforms require support of
political.
11.
Freedom of Association: Help to relieve the burden of state. By enhancing the
accountability, responsiveness, legitimacy of political
system.

POLITICAL
IDEOLOGY
Definition:
Set of political ideas which seek its political goals.

The role of ideas


Behaviourism:Events happen and you look into behaviuor of people
Only responses to external animals
It is similar to dialectical materialism.

Dialectical Materialism:Ideas that can only be understood in the lights of economic or


class interests
J.M Keynes disagrees. => He believes, World is rules by ideas,
scribbling of ideas, intellectuals (philosophers) create ideas.
Both approaches are incorrect because we must accept the
importance of both ideas and ideologies, and historical and
material forces.

What is IDEOLOGY?
Definition:
Study of ideas
A system of ideas which forms the basis of economic or
political theory and policy.
The ideology word was first used by De Tracy => French
Revolutionist (ideologie) referred as science of ideas

Marx on Ideology:
Read from the book. Excerpt only!!
Marxs view of ideology has some crucial features:
1. It is about delusion and mystification. False consciousness.
2. It is linked to class system. -> Class will maintain ideology in
order to preserve social order and its upper status.
3. Manifestation of power hides from the proletariat and its own
exploitation.
4. Ideology is temporary. The proletariat doesnt need it
because it is the only class that need no illusions.
Ideology became non important for later Marxists.

Lenin:
Socialist Ideology
If we want revolution proletariat wont need capitalists only. They
need to form their own myths.

Antonio Gramsci:

Vanguard Party:
Party of some people who will LEAD PEOPLE to struggle against Bourgeoisie
Frankfurt school:
Group of people who lived in Germany during inter-war period.
Totalitarianism: People who enjoy authority

Ideological Hegemony
You will not realize extent of ideological hegemony.
You will find it on every level.
Politically
Educationally
Socially etc.

Marcuse:
One dimensional man

Industrial society
Modern/ Liberal society is not even free, they have illusion of
freedom.
Fascists, Italy, Nazi Germany, Stalinist Russia
Thought control
Person has kind of smooth unfreedom

Positive or Neutral View


Mannheim:
Ideology is based on peoples ideas who follow their states
ideology.

Ideology and Utopia


Ideology: That group of ideas which dominant people have.
(Ideas of ruling class)
Utopia: Ideas of poor, less-dominant people, who think that
someday theyll get freedom.
Ideology is further divided into 2 conceptions:

1. Total Ideology
Islamic System
Completes all aspects of life

2. Particular Ideology
Which tells about specific area of ideology

Closed system of thought MANIPULATING TRUTH and refusing TO TOLERATE the opposi

Cold War- War of Propaganda


Ideological tensions, fascism, communism.

Conservative concept if ideology


Oakeshott:
World is infinitely complex beyond human mind.
Ideologists are abstract system of thought because the will
simplify and distort reality.
Pragmatism, history and experience are important.

Political Spectrum
Political
Spectrum

Communis
m

Socialism

Liberalsim

Extreme Left = Absolute Equality

Conservatis
m

Fascism

Extreme Right= Absolute State Control\


Center= Liberalism
Political and Economic Views

Equality

State Control

LIBERALISM
Origins and Development
Word liberalism derived from Latin word liber- referred to a
class of free men which means man neither serfs nor slaves
19th Century Europe set of political ideas
Liberalism based on the ideas and happenings of the three
centuries proceeding the 19th century.
Breakdown of Feudalism and its replacement by market
capitalism.
Reflected the rising middle class whose interests conflicted with
the monarchy and aristocracy.
Even the English, French and American revolutions represent
liberal ideas.
Liberals questioned the divine right of kings and the political and
economic privileges of the landed aristocracy of church freedom
of conscience.
19th Century- Liberal Century.

Economy:
Liberals believe in market capitalism with no government
interaction. Mid-18th century UK then moved to North America,
Western Europe and eventually Eastern Europe.
20th Century onwards Africa, Asia and Latin America, Some
developing countries have moved to socialism and nationalism
rather than liberalism due to North American cultures.

Political:
Liberal democratic govt.
Developed first in Western Europe and North America but later
took route in other parts of the world as well as in Eastern Europe
after 1989-1991.
It has been successful in some countries like India but np so much
in other countries due to absence of industrial capitalism or
incapability with local culture.

Change Over Time


While liberal ideas had originally been very progressive and
revolutionary but as the rising middle class succeeded in
establishing the economic and political dominance, liberalism
became conservative and stood less for change and reform and
more for preservation of liberal institutions.

Change in Ideas:
Early liberals wanted no govt. interaction, later liberals believed in
interest and welfare state.

Tw o
Trad ition
s

C lassic
lib e ralis
m
M od ern
lib eralis
m

Increase in cultural diversity and rise of religion fundamentalism


has continued liberalism deeply and sometimes even led to the
extreme cases that it raised a question whether liberalism is
applicable to all peoples and societies.

Central Themes
Ideology of the industrialized west.
18th, 19th century -- > Enlightenment ideas and belief in
foundationist form of liberalism based on reason, personal
autonomy and fundamental belief in specific set of values
Universalist.
However, during 20th century it became morally neutral. Do right
not good.
Meta-ideology
However it does have set central themes.
1.
2.
3.
4.
5.

The individual
Freedom
Reason
Justice
Tolerance and Diversity

THE INDIVIDUAL
Change from Feudal to more market oriented economic
society.
Change in collective traditional system of identity to more
individualistic are as the changing social and brought
about opportunities and choices.
Rational and scientific explanations displaced religions
and traditional ones.
Primacy of the individual
(17th-18th century -- Natural Rights Theories.)
Every individual has a set of God given natural right.
Person can even harm himself morally, physically, no one
can stop him.
Laws of seat belt and helmet are in contrast to this view as
they limit the personal freedom.
Radical liberals may defend use of addictive drugs even

Positive and Negative theory of liberty.


Positive:
Freedom is about self-realization and development of skills,
talents, etc.
Negative:
Absence of outside restrictions.
Left alone and no interference.

REASON
Liberalism based in reason, rationality of the Enlightenment
project. Human being is capable of pursuing his own desires
based on his experience.
Anti-Paternalistic
Belief in progress
Scientific revolution
Forward looking (high approach)
Forget tradition and custom
Importance of discussion, debate and argument because
human beings are not perfect rather there is self-interest and
egoism which can lead to conflict that should be resolved by
debate and negotiation.
Anti-violence

JUSTICE
To give everyone their due
Idea of equality and rights
1. Foundational Equality
All people are born equal
2. Formal Equality

Equality in the eyes of law and society (ethnicity,


culture etc.)
3. Equality of opportunity
People living in society have opportunities
State is responsible to provide equal opportunities
4. Meritocracy (differ b/w modern and classic liberals)
Based on merit of persons hard work
Classic liberals disagree on this view of meritocracy

John LockeWhile defending religious freedom.


Governments job is protection of life, liberty and property and
has no right to meddle in core of mans souls.
Important distinction for liberals public vs private sphere.

TOLERATION & DIVERSITY


Different people living in a state tolerating and accepting
each others beliefs, culture and way of living etc.

J.S MillToleration has importance for individual and society both.


Individual => Personal autonomy and self-development
Society => Vigor and health of society free market of ideas, truth
will emerge.
Liberal belief in balanced society as opposed to Marxist view of
fundamental conflict and a conservative view which associate
diversity with instability.
Pluralism and diversity is not unrestricted though.
J.S Mill says dont suppress good ideas. Theyll just prevail over
bad ideas.

Late 20th century => more to moral neutrality from toleration


Pluralism (people always have different ideas) of moral codes
People will disagree about ends of life.

Liberalism, Government and Democracy


The Liberal State
John Locke- where there is no law, there is no freedom
Opposed to anarchist view.
Basis of social contract theories by Hobbes and Locke.
Social Contract suggests Two Attitudes:1) Authority comes from below. People can challenge the
state/govt if they want.
2) State is umpire or neutral referee. Represents the interests
of all citizens not to save the ends of a few.

Constitutional Government
The importance of limiting government power.
Liberals believe humans are self-seeking and egoistic and if
given power will exploit others.
Power corrupts and absolute power corrupts absolutely.
A constitution is a set of rules for the government.
Support for constitution takes two forms.
1) Power of govt. bodies and politicians is limited by extend and
legal constraints. E.g. constitution
2) Internal check => separation of power.

Democracy
Greek Origin
Demos => People
Kratos => Power to rule

Lincoln Definition
Liberal democracy has three primary features.
1) Indirect and representative
2) Competition & Electoral choice
3) Distinction b/w state and civil society
4) Checks on state power by autonomous groups.

CONSERVATISM
UK => 19TH Century support traditional values
Europe => 19th century very conservative support monarchy
and only after WWII did they accept democracy.
USA => Very liberal system, liberal progressive values.
Latin America, Africa, Asia.
Movements to master traditions and social order but not
always using conservative arguments.
Iran for example Khomeini strong central authority but at the
same time based on strong popular support.
New Right => Reagan USA (1981-89), Thatcher UK (197990)
Free market => liberal ideas
Paternalistic support for state intervention and a libertarian
commitment to the free market.

Central beliefs in conservatism


1)Tradition

Established custom
Supremacy of the living against the dead
They believe we should follow what our ancestors said.
Darwinian
Change is dangerous

2)Human Imperfection
Human beings are extremely limited in moral
The think humans have tendency for sin and vice. Thats
why they are morally and psychologically imperfect.
1. Psychological Imperfection
2. Moral Imperfection
3. Intellectual Imperfection

3)Organic Society

Human society is like an organism


Opposed to mechanical
Society is just like that
Change cannot be the solution

4)Hierarchy and Authority:


There must be leaders and followers.
Agree with liberals that individuals are born different but
liberals believe in meritocracy and that success depends on
shared work but conservatives believe in natural separation
like body parts.

5)Property:

Dont believe in economic levelling.


Property shows confidence and satisfaction
Property builds great civilizations
Rise from property to ownership

SOCIALISM
Origin & Development
Latin word
Social => Sociare to combine or share
-Ism => ideology/system
Economic response to liberalism
Capitalism economic system of liberalism
Idea of Adam Smith father of economics idea of invisible
hand
Industrial revolution in UK (18th 19th century)
Rural-urban shift
Robert Owen Britain
Saint Simon France
By 1840s the term spread to other industrialized countries
such as France, Belgium and the German states.
Reaction to social and economic conditions at 19 th century
industrializing Europe. (CAPITALISM)
SOCIALISM came to be associated with industrial workers
suffering poverty and horrible wages and working conditions.
Laissez-faire policies => power to the factory owners.

Early socialists thought a radical yet revolutionary


alternative to industrial capitalism.
E.g. Charles Fourier and Robert Owen sought to establish
Utopian communities based on cooperation and love rather
than competition and greed.
German socialists Karl Marx and Friedrich Engels
Laws of history
Inevitable revolutionary overthrow of capitalism.
Late 19th century character of socialism changed
Change in working class living conditions and spread of
political democracy
Trade unions, working class political parties, social, provided
economic security and integrated the working class into
industrial society.
Western Europe became difficult to see working class as a
revolutionary force.
Socialist political parties adopted legal constitutional
methods.
By WW1, socialist world split into two types:
1. Socialist parties that adopted democrats
2. Those in backward countries like Russia.
Represented in the 1917 revolution => Lenin and Bolsheviks
adopted the little communist while the others were socialists
or social democrats.
20th century socialism spread into Asia, Africa and Latin
America.
The idea of class struggle was replaced by anti-colonial
struggle.
Created powerful fusion of socialism and nationalism.
After 1945 => Bolshevik model of communism imposed in
Eastern Europe.
After 1949 => china then spread to North Korea, Vietnam,
Cambodia and Laos.
Congress party => ran moderate form of socialism.

Distinctive forms of African and Arab socialism developed as


it merged with traditions tribal life and Islamic principles
In 1960s and 1970s => South and Central American
countries waged war against military dictatorship e.g. Cuba
(Links with soviet union) , Chile ( Salvador Allende 1 st Marxist
president- was killed in 1973), Nicaragua.
Late 20th century socialism suffered many reverses e.g.
collapse of communism in Eastern Europe 1989-1991(fall of
Berlin wall)
Socialist political parties embraced liberal or conservative
values.
India move to capitalism after 1990
China opens up its economy etc.
Socialism understood in 3 way
1) Economic alternative to capitalism
2) Vehicle of organizing interests of the labour class.
3) Political creed based on a particular set of ideas, values and
beliefs.
Community, Co-operation, Equality, social class, common
ownership.

Basic Idea behind Socialism


1. Community:
Social and economic goals for community rather than individual
self-interest.
Human beings are comrades, brothers, sisters.
Dont believe in fixed human nature like liberals or conservatives.
Rather believe human nature changes side with nurture rather
than nature,
Experiences shape human behavior.

Liberals draw distinction b/w individual and society. For socialists,


human being is inseparable from society.
Human beings are not self-sufficient or atomized.
Human behavior is more reflective of nature of society rather than
any fixed human nature.
Liberals, conservatives say human beings are self-seeking and
egoistical.
Socialists regard selfish, materialistic behavior as socially
conditioned rather than natural. This is not in to human nature
but a result of living in capitalist society
Radical edge of socialism is not what people are like but what
they can become. They can achieve emancipation and fulfillment
African/Asian socialists have emphasized preindustrial societies
which routed in social life and community.
So in these circumstances socialism has sought to preserve
traditional social values.
But in the western contrast, the social dimension of life has to be
reclaimed after such long periods of industrial capitalism.
Such experience were taken up by utopian socialists Owen and
Fourier and also in Israel as the kibbutz system.

2. Cooperation:
Human beings are social animals so the natural behaviour b/w
them is co-operation not competition.
Liberals and conservatives regard competition as natural even
healthy.
Natural because human beings are thought to be self-interested
and healthy because as it encourage hard work and develop their
abilities and skills.

Socialist say competitions pits people against one another and


encourages aggression and selfishness
Cooperation make moral and economic sense
Moral create sympathy and affection
Economic -- Emerges of the entire community rather than just as
individual can be harnessed
Capitalism -- Individual hard work for greater reward material
incentives but would mix moral and material incentives.
E.g. Economic growth is necessary because it will help the
provision of welfare support for the power
Co-operative enterprise to replace competitive and hierarchal
capitalist business.
Buy goods cheaply in bulk and sell to working class members

3. Equality:
Commitment to equality, defining feature of socialism.
Conservatives believe society is naturally hierarchal so reject the
idea of social equality.
Liberals believe in equality of all human beings on moral grounds
that they are born equal and have equal rights.
Also equality of opportunity, however they say that human beings
have different skills and talents and will work at different levels,
this will and should create differentiation in society.
See no reason for social and economic equality.
Socialism belief in social equality/ equality of outcome
3 Arguments for this:1) Social equality upholds justice and fairness. Have on quality
is more as a result of unequal treatment by society rather
than unequal and own it by nature.

Justice demands that people be treated equally in terms of


rewards and natural circumstances.
2) For commitment and co-operation, equal social circumstance
will lead people to work together. Inequality leads to
instability.
Class struggle, class war.
Equality of opportunity breeds.
Survival of the fittest mentality.
3) Need satisfaction is basis of human fulfillment. Need is
necessary. It demands satisfaction. Fulfillment of basic needs
is absolutely essential for freedom.
4) Distributary wealth for need satisfaction.
5) Different at extent of equality b/w Marxist and communist
and social democrats.
6) Marxist and communist believe in absolute social equality
7) Social democrats. - rewards distribution.

4. Social Class:
Social class on people who share similar socio-economic position.
Socialist class politics has been expressed in two ways:
1) Social class is an analytical tool:2) Human beings thrive and act together with people who share
their social position. So the class rather than the individual is
the basic unit of society.
For example, the injustice of capitalist society is best
understood by tendency of privileged class to oppress and
exploit the lower classes.
3) Concerned with working class and their emancipation.
Socialism is express of interest of the working class, working
class will be the one to achieve socialism.
Social class is not permanent and will be run through socialism.

5. Common Ownership
Socialists trace the origins of competition and inequality to the
institution of private property. By what they mean productive
wealth or capital rather than personal belongings.

Distinct view from liberalism and conservatism.


1) Property is unjust: produced by individual effort of workers;
so should be owned by community not individuals.
2) Private property breeds acquisitiveness and is morally
corrupt.
Materialism, people seek happiness through pursuit of
wealth.
3) Divisive: fosters conflict b/w owners and workers; rich and
poor.
So it should be replaced by common ownership or more modestly
right to property be balanced against interests of the community.