PHIHUM - A Theories of the Right to Rule Axiology - Branch of philosophy is Sovereignty - describes where political sometimes referred to authority does or should reside. In a totalitarian dictatorship, the state is supreme - The overall question we will be and sovereignty resides in a single tyrant. asking is, By what values shall I live in the world? The Philosopher-King: Plato The Issue Defined ● Plato’s image of what the ideal society might be like begins with the State - a formal word for what we mean recognition of a harsh political when we say “the government.” It is the reality, and his analysis anticipates ruling political power within defined contemporary urban problems. borders. ● Plato believed, clearly understanding Some philosophers have argued that the the role of the expert and making state exists to serve and to protect the rights important choices only after of the individual; others have insisted that consulting with someone (in part for the individual’s own good) the knowledgeable and experienced in individual exists to serve the state. the field. In the utopia described in Plato’s Republic, the most promising - Totalitarianism- the political belief toddlers would be taken from their that power to rule must be given parents and raised by the state. exclusively to the state. - Anarchism- the political belief that Natural Law: The Stoics, Aristotle, and all forms of government should be Thomas Aquinas abolished because they interfere with - Heavenly bodies move through the the rights of individuals cosmos in an orderly progression, Natural law- a rational principle of while here on Earth season follows a order, often the logos, by which the season with a comforting regularity. universe was created or is organized Both the natural and human domains - Natural rights- rights such as those are governed by reason, by what the to life, liberty, and property, with Stoics and other early Greek which an individual is born philosophers called logos. - Liberal- one who believes in the - Aristotle described the human primary importance of individual person as a “political animal,” freedoms conservative one who meaning that by nature we will organize ourselves into political structures. The important thing for - Social contract - an agreement Aristotle and others who follow in among citizens or between the ruler the natural law tradition is to and the rule that defines the rights discover the preexisting proper order and duties of each party and put this order into practice. The Natural Rights of Citizens: John Thomas Aquinas Hierarchy of Laws Locke
- Eternal law-the law or reason of - Locke’s concept of natural rights
God, according to Aquinas assumes that anyone consulting the - Divine law- that portion of eternal law of reason will recognize the law applicable to human beings, God-given rights of others to life, according to Aquinas health, liberty, and property. - Human Law- created by civil - For Locke, the state exists only at the society pleasure of the citizens who have Aquinas called the rather self-evident created it. The bargain is that we principles deduced from the eternal give up certain rights in exchange for law, the natural law. others. - Claiming the obligation to obey a - Locke believed the contract between “higher law” has led many people to the individual and the state to be break civil laws by taking actions conditional; individuals called civil disobedience. - retained the option to withdraw their - What Malcolm X concluded is that consent and preserve their natural the government and the people have rights. an implied contract; if the government does not uphold its end of the contract (by protecting the The Value of the State of Nature: people), the people are free to Jean-Jacques Rousseau, Aphra Behn, and disregard their obligations (to remain Clarisse Coignet law-abiding citizens) as well. Rousseau - idea that perfect freedom exists Social Contract Theory only in the state of nature. For him pure freedom and civilization are incompatible The Leviathan: Thomas Hobbes concepts; only in the state of nature can we hope to be truly free. - During the seventeenth century, as Clarisse Coignet - human beings could Europeans developed national states, look to discover their freedom— the basis of they came to view the government the independent morality she and others power to which citizens owed advocated. political obligations as a secular state. Natural Rights and Feminism Wollstonecraft, Stanton, and Anthony. - He focused on the sweep of history. Gender Equality: Mary Wollstonecraft - A thesis, or idea, gives rise to its opposite, or antithesis. From the - Like Plato, Wollstonecraft believed tension between the two a new that the only differences between the reality emerges, a synthesis, which genders are that men beget and contains the best elements of both women bear children and that men the thesis and the antithesis. are, generally, physically stronger - Hegel’s dialectic - the progress of than women. ideas through opposition and - Adults of both sexes must be treated resolution in the form of as rational creatures thesis-antithesis-synthesis “Declaration of Sentiments”: Elizabeth - For Hegel, the important questions Cady Stanton are those of metaphysics (reality), rather than those of epistemology - Elizabeth Cady Stanton- the (knowledge theory). In the process of principal nineteenth-century the dialectic, Hegel saw the theoretician of feminism in the Absolute, or Reason, working itself United States out, thinking itself more fully real. - She based her arguments on - He disputed what Kant said that we Enlightenment principles of could not know noumena (things as rationality and equality. they are in themselves) but only phenomena (things as they appear to us). The Struggle for Suffrage: Susan B. - Cunning of reason -the method by Anthony which the Absolute, in Hegel’s philosophy, uses the talents and - Neither Anthony nor Stanton lived ambitions of world-historical long enough to enjoy the privilege of individuals to advance its own ends voting - Formal freedoms - freedom from The Right to Govern search and seizure; freedom from the interference of the state in the free practice of speech, the press, and The Absolute: Georg Wilhelm Friedrich religion Hegel - Substantial freedom- the destination when individual moves - His philosophy is the very antithesis through three dialectically related (opposite) of the natural rights stages—from the family where love positions of Locke, Rousseau, creates a unit, to civil society where individuals relate to one another subheads and chiefs down to through their work, to the moral the level of the village. perspective of the state - The king was obliged to The Mandate of Heaven: Rule in behave benevolently toward China the people God had given - In Hegel’s system, even the Absolute him. (like Chi’en) is not real until expressed in the world (like K’un). Political Theory - addresses the balance of - According to Chinese political power between the people and the state. philosophy and metaphysics, other Liberalism and Conservatism restraints on the power of the ruler exist in the natural order. In classical - liberals favor individual freedom, Taoist philosophy, the only way to whereas conservatives advocate rule is to dance the dance of ch’i, to respect for tradition and established observe how things are going in their institutions. own Tao-inspired way and let them - laissez-faire economics - the fulfill their nature. wei-wu-wei (or economic theory that if government sometimes wu-wei), which literally stays out of the economy, market means “doing without doing.” forces will regulate it in a harmonious and productive manner The Divine Right to Rule that will benefit all Royal Families in Europe - Adam Smith believed the market forces of supply and demand would - In Europe, hereditary rulers regulate the economy, and claimed the right to rule as a competition would keep prices mandate from God. reasonable. - Divine right of kings - influential in France and American Constitutional Theory and England Civil Rights - The great Bourbon kings of - James Madison, its chief architect, France — Louis XIII and insisted on a system of checks and Louis XIV (known as the Sun balances to prevent the federal King)—and the first two government from becoming Stuart kings of England — tyrannical or falling completely James I and Charles I under the influence of a particular Royal Families in Africa interest group, rather than representing the interests of all the - The king ruled through the people. council of heads of clans and - checks and balances- the system by the whole structure of which each of the three branches of the U.S. government restrains the power of the other two, keeping any one from becoming too powerful
Three branches of government: executive,
the president and the cabinet agencies; legislative, the two houses of Congress; and judicial, the system of courts, culminating with the Supreme Court.
The U.S. Government and Human Rights
- unjust imprisonment, no protection
of individual rights, torture
• The Constitution reflects the
Enlightenment
- respect for the
individual—advocated by Locke, Rousseau, Wollstonecraft, Stanton, and Anthony—and balances it with protection for politically sacred traditions in the same way that Plato, Aristotle, Hegel, and Burke wished to do. A sense of natural law, or the way things are meant to be, is blended with respect for natural rights that belong to citizens from birth. - The Republic begins with the question “What is justice?” and looks for the answer to this societal question by examining the nature of the individuals that make up the society. A society, the Republic concludes, is what it is because the individuals who make it up are what they are.