INTRODUCTION TO POLITICAL THEORY
• The ordered universe
MEDIEVAL PERIOD: CHRISTIANITY’S PUBLIC
SPACE
Time & Place
The civilization of the Western world rests on the
Greco-Roman-Jude-Christian inheritance.
The Greeks & Romans produced political & legal
concepts. The Judeo-Christian produced religious &
ethical values.
MONOTHEISM
• Religion, as taught by the prophets, brought the
formulation of the Law which was of divine origin and
was binding on people.
• Talmud – analysis of the laws & customs of the tribes
made by the rabbis.
• Revelation of God to the people & covenant made by
them
THE FOCUS OF THE HEBREW TRADITION
a. regulation of business
b. made laws on health & diet
c. Observance of the Sabbath
•The prophets were the conscience of the people who
prophesied against injustice & advocated social
welfare for the poor. Wealth was not limited but it
should be devoted to public welfare.
THE CONCEPTS ADOPTED BY CHRISTIANITY
• Monotheism
• Ethics
• Moral Law
• Separation between religious and political
values
• The aim of life is the dedication to religious
principles; the importance of the other world,
salvation, and, the soul.
The Early Christian Community
• Emphasis on the role of Jesus as the Messiah for one
to join the fellowship.
• Sacraments
• Baptism
• Communion
• Spiritual equality was tempered by the belief that all
were not suitable for redemption
ST. AUGUSTINE
BIO
• St. Augustine also called Saint Augustine of Hippo
(born November 13, 354, Tagaste, Numidia]—died
August 28, 430, Hippo Regius. He was bishop of Hippo
from 396 to 430.
• One of the Latin Fathers of the Church and perhaps
the most significant Christian thinker after St. Paul.
• His written works, the Confessions (c. 400) and The
City of God (c. 413–426) shaped the practice of biblical
exegesis and helped lay the foundation for much of
medieval and modern Christian thought. In Roman
Catholicism, he is recognized as a doctor of the church.
• Augustine was born in Tagaste, where the veneer of
Roman civilization thinned out in the highlands of
Numidia.
• Augustine’s parents were of the respectable class of
Roman society, free to live on the work of others, but
their means were sometimes straitened. They
managed to acquire a first-class education for
Augustine, and he seems to have been the only child
sent off to be educated.
THE CITY OF GOD
• God supreme & true creator & maker of every soul &
of everybody; by whose gift all are happy who are
happy through verity & not through vanity because He
made man a rational animal with soul & body: who has
given to the good & to the evil: from whom is every
mode, every species, every order; from whom are
measure, number, weight, from whom is everything
which has an existence in nature
WHEN IS THERE PEACE?
The two cities are mingled from beginning to end with
no end
• Earthly
• The love of self, & the contempt of God
• It glories in itself which it seeks from men
• It lifts its head in its own glory
• Heavenly
• Love of God, & the contempt for self
• It glories in God & the greatest glory of the other
Section V – Medieval Life & Thought
Time & Place
• 476 AD – Middle Ages. When Rome had its downfall
or the fall of the universal empire, unstable
independent kingdoms appeared. These small
kingdoms had territorial boundaries, groupings
according to tribe and blood relationships, obeying a
common law (Custom), and a leader called (Dux) who
was a warrior.
• Government control (central) was weak, but the local
government became strong. The local lord was an
important administrative figure. Towns became fewer
because of the decrease in trade. The self-supporting
villages became the center of agriculture using the
manorial system.
The Feudal System
• Is a series of relationships between the vassalage &
the fief. The landlords pledged protection to their
tenants and the tenants pledge loyalty in return. The
lord undertook to protect and defend the vassal and the
vassal owed loyalty to the lord, gave financial aid &
rendered military service.
• The fief was the land given to the individual on
condition of services to be performed. The king
possessed the land. He gave protection as he received
service. Vassals owed a duty to the king through
service in men & materials, attending the Kings’ Court
(Cura Regis), to provide taxes & contributions. There
was no legal partnership as all were customary. In the
feudal system, the king promulgated the law, and
everyone was subject to it, even the king himself.
Reasons for the Change in the Feudal System
• Friction grew between the king & nobles which
resulted to one side claiming centralized control and
disobedience & refusal on the other side. Diseases and
plagues (Black Death) reduced manpower and
demanded higher wages in the towns. The towns and
cities developed training centers which received
charters from the king, so the townspeople no longer
needed protection from a lord. The influence of the
Roman law became more emphasized in ownership
&private rights. Increase in trade & commerce led to
more use of money which could be substituted by
rendering service. The feudal system declined with the
growing centralization & rise of the territorial state.
John of Salisbury
(1110-1180)
• A friend of kings & scholars
• Secretary to Becket
• Eloquent ecclesiastical spokesman
Work of Salisbury - Policraticus
Ideas of Salisbury
a. The power of the ruler should be limited by a
higher or divine law. He meant that under the
divine law, the individual fulfilled his duties,
but he could also resist the prince if he did not
conform to the law.
b. The Commonwealth is a body endowed with
life by divine favor. All cooperated for the good
of the whole interrelated & coordinated
society.
Prince – Head
Priesthood – Soul
Senate – Heart
Governors – Eyes, ears & tongue
Oficials & soldiers – Hands
Financial– Stomach
Husbandmen – Feet
c. The prince was the minister of the common
interest and served its fellow servants. The
prince obtained its power from God and
performed those cared duties which seem
unworthy of the hands of the priesthood.
d. Tyranny or the abuse of power by a prince,
was God’s way of ordering the universe but
sometimes it is right & just to kill a tyrant.
e. The prince controls himself because the
higher law to which we are all subject seem
not to put control on the prince, for the normal
limits were internal.
Analysis of John of Salisbury’s Ideas in the
Policraticus Based on Time, Place and Person
ECCLESIASTICAL & SECULAR
Time & Place
• 13th to 14th Century. The continuing struggle for
control in secular affairs along with internal conflicts in
both realms of government.
• Pope Innocent IV (1234-54) claimed supreme power
as Pope is the vicar of Christ and has control over
infidels as well as Christians. Against Frederick II, he
used the forged Donation of Constantine giving the
whole of the Western Empire to the Pope, to support
his argument that this merely recognized the existing
situation.
• Pope Boniface VIII (1294-1303) fought Philip IV of
France over church property, taxation, and ultimate
authority led to the issuance of the Papal Bull Unam
Sanctam (1302) which argued that it is necessary for
the salvation of every human creature, to be subject to
the Roman pontiff. But because Boniface lost the fight,
the Papacy left Rome for the Babylonian captivity at
Avignon in 1305, and the position of the struggle for the
ecclesiastical realm weakened.
Biographies of Thinkers who Advocated the Claim Of
the State to Independence
• Dante Alighieri, born in Florence, was an Italian poet,
prose writer, literary theorist, moral philosopher, and
political thinker. He is best known for the monumental
epic poem La Commedia, later named La Divina
Commedia (The Divine Comedy).
MARSIGLIO DE PADUA – 1280 - 1343
• An Italian scholar who trained in medicine and
practiced a variety of professions. He was also an
important 14th-century political figure. His political
treatise was called Defensor pacis (The Defender of
Peace), Great Famine Black Death Fuedal System
Political and Religious Challenges.
WILLIAM OF OCKHAM – 1290 - 1349
• An English Franciscan friar, scholastic philosopher,
apologist, and Catholic theologian. He is believed to
have been born in Ockham, a small village in Surrey.
THOMAS AQUINAS – 1224-1274
• He was born into an influential & ambitious family. He
was related by blood to the emperor. Member of the
Dominican order & a friend of the Pope. He is regarded
as the most systematic political philosopher of
medieval Catholicism even if his political writings are
only secondary to his theological discussions.
Ideas of the Thinkers of this Period
DANTE ALIGHIERI – De Monarchia
- He argued against the Papal claim to control
secular authority in the Empire.
- A man had 2 separate ends: earthly & eternal.
The Emperor & the Pope were ‘guides’ to
these ends and both received their authority
from God. Secular life was important, and the
emperor was supreme in everything related to
the secular world.
- There is a need for universal peace and a life
of reason which meant a universal ruler, the
emperor who should be independent of the
Pope & the Church.
MARSIGLIO DE PADUA – DEFENSOR PACIS
(DEFENSE OF PEACE)
Works:
Defensor Pacis (The Defender of Peace)
Defensor Minor (The Minor Defender)
De translatione imperii(On the Transfer of the Empire)
IDEAS
• Regnum and Secerdotium - Regnum refers to the
realm of temporal power, and represents the political or
secular authority. Sacerdotium refers to the spiritual or
ecclesiastical authority of the church. Marsiglio argues
for a clear distinction and separation between these
two realms of authority.
• Validity of Law - Best law is the one that is made for
the common benefit of the citizen.
• Restrain of Ruler- Ruler should be accountable.
• Unity and Order - City or a kingdom by which each of
its parts can perfectly perform the functions suitable to
it, in accordance with reason and its institution.
• Man has individuality & aggressiveness which needs
the maintenance of peace and order in the community.
Civil society depends on all who carry out their function
and contribute to the common good. Man's inner life
was private, but his external acts were subject to
control.
• The ‘whole political community “is the ruling section,
the executive, and the directing organ of the human
legislator. There is a need for the law to be approved
by the community, by the people, or by its weightier
part. This approval by the community makes the law
valid and gives it coercive power. The prince should be
under or controlled by the legislative power.
The ultimate ecclesiastical power should be the whole
body of the faithful which includes both clerics &
laymen exercised through the ruling part. The role of
the Pope is a subordinate one. The General Council,
elected by the faithful & convoked by the secular
authority has power over the Pope & decides on all
spiritual questions.
WILLIAM OF OCKHAM – DIALOGUS
• The whole community, through a hierarchy of elected
organizations, participates in choosing the Council.
Although it is not clear whether such a council would
have ultimate authority.
• He asserted the independence of the temporal power.
He was partisan to Lewis of Bavaria against Pope John
XXII.
AQUINAS - SUMMA THEOLOGICA
• Aquinas accepted the Aristotelian thesis of happiness
as the end of man & the importance of the temporal
world. But the end of man was still supernatural, & the
salvation of his soul & future eternal blessedness. The
future life was more important than earthly life: the
Church as the organization concerned with this future
life, was superior to and directing guide of secular
power as the body was subject to the soul. The state,
though, was important as it preserved order &
performed positive educational functions.
AQUINAS’ 4 TYPES OF LAW
a. Eternal Law - governed the entire universe
including animate & inanimate objects as well
as men.
b. Natural Law - enabled those with reason to
understand & conform to the eternal law.
c. Human Law - includes the making of
concrete, detailed variable rules in
accordance with natural law.
d. Divine Law - was the ultimate will of God.
• There is an implied restriction on the extent of power,
political authority was binding only if it was in
conformity with natural law, divine law, and the
common good of the whole community. If not, the
governmental power was tyrannical, it can be resisted.
If the tyranny is excessive, disobedience was
permissible if it was organized by public authority.
Nation and State
• A nation is an ethnic concept as it talks about a people
with a common territory, language & history. It can exist
without being a state. A nation can be composed of 1
or more state.
• The state is a political concept as it is about an entity
complete with the 4 elements of people, territory,
government & sovereignty. It cannot exist without the
nation. A state can be composed of 1 or more nations
The Birth of the Nation
• The century of Tudor rule (1485-1603) is thought
of as the most glorious period in English history - Henry
VII built the foundations of a wealthy nation state and a
powerful monarchy.
• Henry VIII kept a magnificent court and broke the
English Church from the Roman Catholic Church
Elisabeth I defeated the powerful Spanish navy
England experienced one of the greatest artistic
periods in its history.
• Vasari wrote: “The glorious minds that sprang from
the soil of Tuscany did what their predecessors could
not do, turn the ruins of ancient Rome to their
advantage”.
• The political development of the Renaissance was a
secular concept of the state, “state a work of art”, where
decisions were determined by political, not religious, or
chivalric criteria
Machiavelli
• He was the most powerful, notorious advocate of the
new politics. He was born in Florence (1469). A
diplomatic emissary & political adviser. He met &
studied the bellicose Cesare Borgia. He was exiled
when the Republic fell to the Medicis in 1512.
• He addressed his work, The Prince, to the ruler
Lorenzo himself. His work, The Discourses, has been
the most influential.
The Prince
• This was published in 1532 and achieved immediate
success with 25 editions within 20 years of his death. It
was strongly attacked that the writing of anti-
Machiavelli became an occupation. Machiavelli
opened a new route, which removed theological &
moral arguments, taking the secular state for granted
& studied its behavior scientifically. Politics must be
studied from purely political criteria. Political activities
were to be examined & praised as they achieved the
purpose for which they were intended –political
realism, with a neutral attitude toward political
objectives. This is called the study of power “Men do
not rule states with paternosters in their hands”
The Political Ideas of Machiavelli
• The art of politics (The Prince). There are 2 methods
of fighting, the one by law, the other by force: the first
method is that of men, the second of beasts: but as the
first method is often insufficient, one must have
recourse to the 2nd. It is therefore necessary for a
prince to know well how to use both the beast & the
man. A prince being thus is obliged to know well how to
act as a beast must imitate the fox & the lion, for the
lion cannot protect himself from the traps, & the fox
cannot defend himself from the wolves. One must be a
wolf to recognize traps & a lion to frighten wolves.
The Political Value of Religion
• Princes & republics who wish to maintain themselves
free from corruption must preserve the purity of all
religious observances & treat them with proper
reverence. It is the duty of princes & heads of republics
to uphold the foundations of the religion of their
countries, for then it is easy to keep their people
religious, & consequently well conducted & united.His
interest in religion is solely political. A prince need not
be religious but is important to appear so.
Ideas on Army & Italy…
Sir John Fortescue (1394-1476)
• A judge for 19 years. Chief Justice of the King’s
Bench. Defended the Lancastrian Party in the War of
the Roses adhering to the precept of natural law
forbidding succession through the female line. He was
exiled by the opposing, winning group. Wrote De
Laudibus Legum Anglie & The Governance of England
- books which explained how the British system works,
compared with the unsatisfactory French system. It
started the first study of comparative politics.
A Learned Commendation of the Political Laws of
England (De Laudibus Legum Anglie)
• A Limited Monarchy. The King of England is not able
to change the laws of his kingdom at pleasure, for he
rules his people with a government not only regal but
also political. He is not able to change the law without
the assent of his subjects nor to burden an unwilling
people with strange imposts, so that ruled by laws that
they themselves desire, they freely enjoy their
properties and are despoiled either by their own king or
any other. The British system fulfilled obligations of
justice & natural law while the French regal government
was arbitrary based on force. In Britain, the ruler was
controlled by the law (natural & common laws) based
on historical foundations, customs & ethics of the legal
profession. It needs the assent of Parliament on
taxation & legislation-this demonstrated the rise in
importance of Parliament (15th century)
Sir Thomas Smith - DE REPUBLICA ANGLORUM
• The power of parliament.
 REFORMATION
• The act or process of changing a religious, political,
or societal institution for the better is called a
reformation.
16TH CENTURY REFORMATION
• Was a complex phenomenon in which the theological
doctrines of return to the simplicity of the Scriptures,
justification by faith, the need for grace and personal
piety, were only part of the wider intellectual
dissatisfaction with clerical control, the moral protest
against a corrupt ecclesiastical hierarchy, and the new
economic aggressiveness which refused to be bound
by theological restrictions
Time & Place
• Renaissance idea in society has been introduced to
the people, but still the dominance of religion was still
strong. Roman Catholic was the main religion in
European Countries like Wittenberg Germany
• 16th Century Religion has massive control over
Politics and Social Changes.
Political problems and opposition between the new
states and the Church--on taxation, investures, powers
of clerical, control of education, church property,
ecclesiastical exactions of tithes, and indulgences also
play their part.
MARTIN LUTHER 1483 - 1546
• German theologian and religious reformer who was
the catalyst of the 16th-century Protestant
Reformation. He was not a powerful political thinker,
but he never thinks that a civil authorithy was is evil.
He always argued that the Church had no coercive
authority, and that even the clergy were subject to
secular power as were all other individual. He asserted
the right of individual conscience and the possibility of
direct relationship the individual and God, against
Papal supremacy.
Section IX - The Right of Resistance
Background
• The struggle between the different religious groups
led to the belief that resisting authority was not evil. The
Protestant Huguenots in France demonstrated the
view during medieval times that the kingship was held
in trust and its authority was limited by the community.
This led to modern constitutionalism.
Who wrote the Vindiciae?
• Vindiciae contra Tyrranos was written by Stephen
Brutus (1579) 7 years after St. Bartholomew’s Day
massacre where 30k people were killed in religious
fanaticism. This may be the most influential work of the
Huguenots.
What is Vindiciae about?
• Vindiciae discussed whether an individual must obey
or could resist a ruler who violates the law of God or
oppresses the state. There are 2 contracts that exist
between the ruler & his people and among the ruler,
people & God. (If a ruler broke these contracts, he
could be resisted to maintaining just rule & the worship
of God. But the magistrates, not the private citizens, will
offer resistance.)
What are the results of the Vindiciae?
It led to the development of the following ideas:
a. Contract
b. Trusteeship powers of rulers
c. Ultimate sovereignty of the people
d. A higher law than that of the state
e. The public right of resistance
Other Scottish Protestant Thinkers
A. Francois Hotman (1524-1590) in his Francogalia
used French history & ancient constitutional
arrangements to explain and justify why the Huguenots
resisted authority. His work was the Francogalia.
He analyzed that the French political problems were
because of the monarchical power which limited the
powers of the Council. He proposed to revive the
traditional constitutional arrangements by which the
Parliament has the legal right to meet & check the King.
• The powers of the King were based on popular
consent that made the Kingdom superior to him. The
crown was given to the King by the people’s
representatives & therefore, he should be limited by the
law, customs, the courts & the representatives of the
estates. (if they violated their duties)
The Catholic Thinkers
• The Catholic theologians re-examined the problem of
obedience because of the religious wars &
persecutions in the Netherlands, France, Germany &
England as well as the growing strength of monarchies
that were protestants.
Mariana (1536-1624)
• A native of Toledo, was a learned & distinguished
teacher. He wrote On Kingship & the Education of the
King. Civil authority was made by the community for
their welfare on earth. This was exercised by the
Cortes which gave the functions of the executive power
to a ruler. This ruler took an oath to good governance.
The ruler was under the law & therefore was checked
by the assembly. (if the ruler disregarded the law on
financial matters or on religious law)
Suarez (1548-1617)
• A Jesuit theologian who wrote On Law & God the
Lawgiver. He argued that the power to rule was from
God and was given to all mankind. It was not given to
any one person. The Church has the authority in
leading people to achieve supernatural ends. It is not
subordinate to the civil law of the political aspect. The
government was exercised with the consent of the
community and the ruler’s power depended on the
agreement he made with his people. (Ruler did not
govern for the public welfare)
The Counter-Reformation
• The Jesuits surrendered the Papal claim to secular
supremacy. They limited secular power & wanted the
power of the community to check tyranny. They
recognized the authority of the Pope over the Church.
Bellarmine (1542-1621)
• A nephew of a Pope, he learned theologian &
spokesman of other popes. His writings were directed
at answering William Barclay who advocated the
exclusive power of the king in civil affairs. Bellarmine
holds that the secular power of the prince was
transferred from the community and was not a gift from
God. The King ruled under God since the end of the
community was spiritual. Only the Pope had spiritual
authority but his power on secular affairs was limited.
Section X: Sovereignty and Divine Right
Time & Place
• Late 16th century, distressed by the disruption
caused by rival religious fanaticism. Contrary between
Jesuits vs Calvinist Monarchomachs. Concept of divine
right and sovereignty had been denied.
• France, the country experienced a period of profound
religious and political turmoil known as the French
Wars of Religion. It was divided between Catholics and
protestants (Huguenots) St. Bartholomew’s Day
Massacre in 1572.
BODIN ( 1530-1596 )
• Most notable member of the group. A member of
states-general and a writer on a variety of topics
including mystical sciences of economics and sorcery.
In his period, when the centralized nation-state had
emerged under powerful monarchs. The Six Books of
the Republic in 1579. Sovereignty was the absolute
and perpetual power of commanding a state.
Divine Right
• Strengthening the power of the monarch was the idea
of the divine right of kings. Emperor ruled by Divine
right, and the ruler's' power came from GOD. Wyclif the
king reflected the “Godhood of Christ”. Priest
represented only his “manhood.” Belloy and Barclay,
members of “Politiques” In England, Robert Filmer and
James I argued the latter’s the. The true law of free
monarchies written in 1598.
Six Books of the Republic
• Sovereignty is perpetual because one can give
absolute power to a person or group of persons for a
period of time, but that time expired, they become
subjects once more. A perpetual authority therefore
must be understood understood to mean one that lasts
for the lifetime of him who exercise it. Similarly,
sovereign power given to a prince charged with
conditions is neither properly sovereign, nor absolute,
unless the conditions of appointment are only such as
inherent in the laws of God and of nature.
• He cannot in any way be a subject to the command
of another. If the prince is not bound by the laws of his
predecessors, still less can he be bound by his own
laws. Make the law applicable to all of his subjects in
general and in particular. He must do it without the
consent of any superior; otherwise, he is a subject.
Even though the prince have the right to published a
law, his subjects may still appeal, present a petition, to
the prince in person
James I
• The true law of free monarchies is a treatise in which
James I argues for the divine right of kings and the
absolute authority of monarchs.
Key Points in the Work of James I (Divine Right of
Kings)
• “Kings are called gods by the prophetic king David
because they sit vpon GOD his throne in the earth and
have the count to their administration to give vnto
him....” The head cares for the body, and as to
discourse and direction flow from within.
Key Points in the Work of James I
Absolute Authority
“ The king is our-lord over the whole lands...” and “ the
king is aboue the law..”
“As to GOD lieutenant in earth, obeying his command
in all thing except directly against GOD, as the
commands of Gods minister”
Section X: Grotius
Hugo Grotius (1583-1645)
• Official historian of the dutch republic at twenty. Chief
magistrate of Rotterdam at thirty. Was arrested and
imprisoned. He escaped, through the guile of his wife.
In a laundry basket. He wrote the De Jure Belli ac Pacis
(On the Rights of War and Peace). He said that
Sovereign states could not live in isolation, any more
than could individuals.
• Was a towering figure in philosophy, political theory,
law and associated fields during the seventeenth
century and for hundreds of years afterwards.
• Prison escapee, high-stakes politician, shipwreck
survivor, Grotius was a remarkable man who led a
remarkable life. Born on 10 April 1583 in Delft,
Holland—Easter Sunday, as his biographers invariably
note, his family was moderately prosperous, well-
educated and ambitious.
• In the small world of Dutch high society, Grotius had
clearly been identified as a young man going places.
Time & Place
• In 1598 he accompanied Johann van Oldenbarnevelt,
the leading Dutch statesman, to France, where he met
Henry IV, who called Grotius the miracle of Holland. In
1601 the States of Holland requested from Grotius an
account of the United Provinces’ revolt against Spain.
The resulting work, covering the period from 1559 to
1609, was written in the manner of the Roman historian
Tacitus.
Works and Ideas of Grotius in The Rights of War and
Peace
• On theLaw of War and Peace
• Natural Law
• FREEDOMO
• Religious Tolerance
The Rights of War and Peace (De Jure Belli ac Pacis)
• The division of law Carneades passed over
altogether. The causes determine the characterization
of a war as lawful and unlawful Ayala did not touch
upon. Nevertheless law, even though without a
sanction, is not entirely void of effect.
Human law is either municipal law, or broader in scope
than municipal law, or more restricted than municipal
law.
Thomas Hobbes 1588 - 1679
• English philosopher, scientist, and historian. Best
known for his political philosophy, especially as
articulated in his masterpiece, Leviathan.
Time & Place
• By the 17th century, practical statesmen and political
thinkers alike recognized the need for civil order and
obedience, despite private belief and personal morality,
so as to end the civil and religious wars. The concept
of sovereignty needed no theological justification. It
became purely secular, related to the ultimate power of
the people.
• Leviathan, attempting to explain the creation and
preservation of an authority that would end such
anarchy, He attempted to create a political structure
and principles on Euclidean geometric lines, to deduce
a system of rules from the known inclinations of men.
The Nature of Man
“...the object of man’s desire, is not to enjoy once only,
and for one instant of time; but to assure for ever, the
way of his future desire.”
The State of Nature
“And therefore if any two men desire the same thing,
which nevertheless they cannot both enjoy, they
become enemies; and in the way to their end, which is
principally their own conversation, and sometimes their
delectation only, endeavour to destroy, or subdue one
another.”
The Social Contract
“...that every man, ought to endeavour peace, as far as
he hope of obtaining it; and when cannot obtain it, that
he may seek, and use, all helps, and advantages of
war.”
First Law: to seek peace, and follow.
Second Law: by all means we can, to defend
ourselves.
Third Law: Be willing to trade freedom for security
The multitude so united in one person is called the
COMMONWEALTH. This is the generation of that great
LEVIATHAN, or rather, to speak more reverently, of that
mortal god, to which we owe under the immortal God,
our peace and defence.
Two ways in attaining sovereign power:
1. By natural force
2. Men agree amongst themselves
Baruch Spinoza 1932
• Raised by a prominent family in moderate means of
Amsterdam's Portuguese-Jewish Community. One of
the foremost exponents of 17th-century Rationalism
and one of the early and seminal figures of the
Enlightenment along side with Thomas Hobbes.
Famous for his works Tractatus Theologico- Politicus
and Tractatus Politicus.
Tractatus Theologico-Politicus
• Tractatus integrates biblical criticism, political
philosophy, and philosophy of religion while
incorporating elements of Spinoza's evolving
metaphysics.
The Natural Right and the State
• Nature has sovereign right to do anything she can; in
other words, her right is co-extensive with her power.
The power of nature is the power of God, which has
sovereign right over all things... Now it is the sovereign
law and right of nature that each individual should
endeavour to preserve itself as it is...
• Men must necessary come to an agreement to live
together as securely and well as possible if they are to
enjoy as a whole the rights which naturally belong to
them as individual. Every citizen depends not on
himself, but on the commonwealth, all whose
commands he is bound to execute, and has no right to
decide, what is equitable or iniquitous, just or unjust.
But, on the contrary, as the body of the dominion
should, so speak, be guided by one mind, and
consequently the will of the commonwealth must be
taken the will of all; what the state decides to be just
and good must be held to be so decided by every
individual.
Freedom of the Citizen
• The ultimate aim of government is not to rule, or
restrain, by fear, nor to exact obedience, but
contrariwise, to free every man from fear, that he may
live in all possible security; in other words, to
strengthen his natural right to exist and work without
injury to himself or others. The object of government is
not to change men from rational beings into beasts or
puppets.
The Best State
• Dominion is the best, where men pass their lives in
unity, and the laws are kept unbroken... For peace, as
we said before, consist not in mere absence of war, but
in a union or agreement of minds
Section XII: The Development of Constitutionalism
Harrington: The Commonwealth of Oceana
Oceana 1611 - 1677
• English political philosopher whose major work
“The Common-wealth of Oceana”
Time & Place
• Oceana was read contemporaneously as a metaphor
for interregnum England or the era between the
execution of Charles I on 30 January 1649 and the
arrival of his son Charles II in London where during the
Interregnum, England was under various forms of
republican government.
• The Interregnum was a relatively short but important
period in the history of Britain and Ireland. It saw a
number of political experiments without any stable form
of government emerging, largely due to the wide
diversity in religious and political groups that had been
allowed to flourish after the regicide of Charles I.
Harrington
• To go my own way and yet to follow ancient, the
principles of government are two fold the goods of the
mind or the goods of fortune then are in the goods of
the mind or in the goods of fortune. To the goods of the
mind [corresponds] authority; to the goods of fortune,
power or empire.
Section XII
The Development of Constitutionalism Hooker: Laws
of Ecclesiastical Polity
Hooker 1554 – 1600
• An English priest in the Church of England. Best
know for his political philosophy Anglican philosophy of
government in both civil and spiritual matters.
Time & Place
Divine Right of Kings. The Elizabethan Settlement
Natural law and Reason. Toleration and Unity
Political Idea
• Ecclesiastical polity
• The law of reason Civil Society
John Locke 1632
• Locke's subsequent life and thought were influenced
by the fact that his family supported Puritanism while
continuing to belong to the Church of England. Locke
was 10 years old when the English Civil Wars between
Charles I's monarchy and the parliamentary
government began. He was raised in Pensford, a town
close to Bristol. Locke's father, a barrister, saw some
little action while serving as a captain in the
parliamentarian cavalry. Locke likely rejected the idea
that the king had a divine right to rule from a young age
onward. Locke's father was successful in getting his
son a spot at Westminster School in far-off London
after the first Civil War ended in 1646 because the boy
had demonstrably displayed intellectual aptitude.
Locke entered this well renowned college in 1647 at the
age of 14. Locke received the scholastic honor and
financial reward of being named a King's Scholar in
1650, which allowed him to purchase a number of
books, particularly classic classics in Greek and Latin.
At the comparatively young age of 20, Locke enrolled
in Christ Church in the fall of 1652. Christ Church was
the main college at the University of Oxford and the
location of Charles I's court during the English Civil
War.
Political Theory of Locke
State of Nature
• The state of nature has a law of nature to govern it,
which obliges everyone, and reason, which is that law
teaches all mankind, who will be consulted, that being
all equal and independent, no one ought to harm
another in his life, health, liberty, or possessions. You
should not harm another in their natural rights, which
are life, liberty, and property.
Property
• The labor of his body and the work of his hands, we
may say, are properly his. Whatsoever then he
removes out of the state of nature has provided and left
in it, he has mixed his labor with and joined to it
something that is his own, and thereby makes it his
property.
Civil Society
• God, having made man such a creature that in his
own judgement it was not good for him to be alone, put
him under strong obligations of necessity,
convenience, and inclination to drive him into society,
as well as fitted him with understanding and language
to continue and enjoy it.
The End of Society and Government
• The great and chief end, therefore, of mens uniting
into commonwealths and putting themselves under
government is the preservation of his property. To
which in the state of nature, there are many things
wanting:
1.There wants to be an established, settled, known law.
2.There wants a known and indifferent judge with
authority.
3. Legislative Power. This legislative power is not only
the supreme power of the commonwealth, but sacred
and unalterable in the hands where the community
have once placed it; nor can edict of anybody else, in
what form soever coercived or by what power soever
backed.
Separation of Powers
• It is necessary there should be a power always in
being which should see to the execution of the laws
that are made and remained in force. Thus, the
legislative and executive power come often to be
separated the power of the people. And thus the
community may be said in this respect to be always the
supreme power, but not as considered under any form
of government, because this power of the people can
never take place till the government be dissolved.
David Hume
Time & Place
Hume lived during the 18th century, which was also the
Enlightenment period. He spent most of his life in
Edinburgh and had an active intellectual life, engaging
with prominent thinkers of the time.
Works of David Hume:
• Treatise of Human Nature (1739–1740)
• The Enquiries concerning Human Understanding
(1748)
• The Principles of Morals (1751)
• Natural Religion (1779)
Theory And Philosophy
• Hume's political philosophy focused on the
examination of human nature and the role of reason in
political decision-making. He argued that human
beings are primarily driven by their passions and
desires, rather than reason.
Giambattista Vico 1668 – 1744
• Born in Naples, Italy, in 1668. Devoted Catholic
Professor. Giambattista Vico is best known for his
critique of the Cartesian method and his philosophy of
history New Science.
1. Intellectual Challenges
• The early 18th-century in Naples was a time of
transition that pro motes intellectual, reasons, science,
and progress.
2. Political Challenges
• The Spanish monarchy held considerable power and
control over Naples, resulting in limited political
autonomy for the kingdom.
Vico's Philosophy The New Science
• Rejects Cartesianism & Skepticism
• Divine Made Human Made
3 Stages of History
1. Divine
2. Heroic
3. Human
People's Commonwealth (Human)
Providence caused a struggle between nobles and
plebeians. People desired justice hence they created
laws. Financial status determines fitness in public
office. Providence allows flowery eloquence.
Commonwealth were gradually corrupted.
Remedies to Disorder
1. Rulers
2. Conquerers
3. Liberty
2 Concepts of Vico
• The law of ebb and flow
• The process of history is seen as a regular alteration
between progress and regression in an upward spiral
movement.
2 Concepts of Vico
• Role of Providence
• Illustrated the influence of God working through purely
human means, usually whole nations, to bring about
his design for mankind. Freedom and individuality
exist, even if God is omniscient.
Conclusion
• Vico explained the development of human culture
and the origins of state and nation through his empirical
study of HISTORY.
Argumentative and Debate
I. DIFFERENT FORMATS OF ACADEMIC
DEBATES
Debate
• A process that involves formal discourse, discussion,
and oral addresses on a particular topic or collection of
topics, often including a moderator and an audience. In
a debate, arguments are put forward for common
opposing viewpoints.
THE FORMATS
Lincoln-Douglas Format
• Among the different formats of academic debates, the
Lincoln-Douglas format is for questions of a deep moral
or philosophical nature. It is a one-on-one debate,
which is open style and is frequently used for academic
purposes. The debate was named after the famous
series of debates between two famous U.S. Senate
candidates; Abraham Lincoln and Stephen Douglas.
Cross - Examination Format
• In cross-examination format two teams get involved
with two participants in each team, it is mainly defined
as a cross-examination period between the speeches.
In this format, the opponent debaters ask different
questions to clarify if they find any point confusing or to
clear some doubt they may have.
Inner Circle Outer Circle Format
• In this format the teacher arranges the students into
two different groups with an equal number of members
for each, belonging to opposing sides.
Tag Team Debate Format
• In a tag team debate, the teacher divides the students
into different teams of 5 members each. Each member
gets a chance to participate in the debate. They have
3-5 minutes to present their point of view on the topic
at hand.
II. INVESTIGATION & RESEARCH
Investigation
• Investigation refers to the process of gathering and
examining evidence or information to support or
challenge a particular claim or argument.
Investigation plays a critical role in ensuring that
arguments are based on reliable and accurate
information.
CHARACTERISTICS OF INVESTIGATION
• Systematic and Methodical
• Objective and Unbiased
• Inquisitive and
• Curious
• Analytical and Critical thinking
• Objective Driven
• Detail Oriented
• Ethical and
• Lawful
PROCESS OF INVESTIGATION
• Clearly define the claim or argument
• Identify key points and supporting evidence
• Conduct thorough research
• Evaluate the quality of evidence
• Organize and analyze the evidence
• Anticipate counterarguments
• Present your findings persuasively
Research
• The ability to find more information about a subject is
central to learning. However, it is often difficult to
evaluate new information without context. If you read a
news article or a post on social media, it might seem
interesting or valid, but actually examining it critically
can be difficult without a frame of reference.
Importance of Research
• Support your stand on an issue
• Process in research
• Defining the terms of your Researching Pros and
Cons
• Researching other reliable sources
Characteristics of Research
• Well-researched
• Accurate
• Detailed
RESEARCH INVESTIGATION
• Encompasses a broader and more comprehensive
exploration of a topic. Driven by the desire to generate
new knowledge. Specific inquiry conducted within a
given context to gather information and evidence
related to a particular issue or argument. Evaluation
and analysis of existing information to support or refute
claims in a specific context
III. EVIDENCE
IN LAW AND IN GENERAL ARGUMENTATION
Evidence
• Facts or information indicating whether a belief or
proposition is true or valid objects, documents, or
statements, that are used to prove something, whether
true or not.
Importance of Evidence
• Supports and justifies your argument
• Back up or disproves the witnesses assistance or key
of the court in order to make a decision
• Provides the court information
Types of Evidence
• Direct Evidence - the one who speaks for itself. (e.g.
cctv, eyewitness, ballistics test, etc...)
• Circumstantial Evidence - suggests a fact by
implications or inference.
• Physical Evidence – evidence that can be held. (e.g.
fingerprint, firearms...)
• Testimonial Evidence – also known as oral evidence.
• Documentary Evidence – evidence that contains
records. (e.g. letters,license...)
• Admissable Evidence – evidences that judges allow
lawyers to present in court. (e.g. murder weapon)
• Inadmissable Evidence – evidences that lawyers
cannot present present in court (e.g. polygraph test)
• Forensic Evidence – scientific evidences made by
professionals. (DNA test)
• Prima Facie Evidence – presumptive evidences
• Expert Witness Evidence
3 MAIN CATEGORIES OF LEGAL EVIDENCE
1. Oral Evidence
2.Documentary Evidence
3.Real Evidence
3 CONDITIONS FOR RECEIVING EVIDENCE
(MONTROSE 1954)
1. Relevance
2. Materiality
3. Admissibility
RULES OF EVIDENCE
Relevance
• A fundamental rule of evidence is that evidence must
be relevant to be admissible.
Importance
• The purpose of the relevance rule is to balance
competing interests.
Exclusion of Irrelevant Evidence
• If there is a significant risk that the evidence will
unfairly prejudice the jury, confuse the issues, mislead
the jury, the court may reject it from consideration.
Hearsay
• These out-of-court statements do not have to be
spoken words, but they can also constitute documents
or even body language. The rule against hearsay was
designed to prevent gossip from being offered to
convict someone
EXCEPTIONS
• Contemporaneous narrative statements
• Statements of deceased persons
• Dying declarations
• Declarations in the course of duty
• Declarations as to public or general rights
• Declarations of pedigree
• Statements in public documents; and
• Out of court admissions and confessions.
ADMISSIBILITY CONSIDERATIONS
• Hearsay evidence is not admissible in court unless a
statute, rule, or exception provides otherwise. Hearsay
evidence is admissible in an administrative proceeding,
provided it is relevant, material, sufficiently reliable, and
trustworthy.
AUTHENTICATION
• Authentication usually refers to presenting a jury with
enough proof to allow them to reach the conclusion that
the evidence one side is trying to get them to admit is
indeed what they are saying it is. Non-testimonial
evidence includes tangible items such as documents,
photographs, recordings, datasets and even murder
weapons.
IMPORTANCE
Authenticating evidence is crucial because it
guarantees that the data given in court is accurate and
trustworthy. To ensure that the evidence is admissible
in court and may be used to support a party's
argument, this procedure is required.
METHODS OF AUTHENTICATION
• Lay testimony
• Expert testimony
• Jury Comparison
• Distinctive characteristics of a document; and
• Ancient documents.
CHAIN OF CUSTODY
• The chain of custody is the most critical process of
evidence documentation. It is a must to assure the
court of law that the evidence is authentic. It is the
ability to trace and safeguard the sample through all
steps from collection, analysis, to final report of the
result.
IMPORTANCE
The purpose of the chain of custody is to document a
piece of evidence from the time it was obtained to the
time it is disposed of. This means keeping a clear
record of who had access to the evidence, where it was
transported to and if any changes of status to the
evidence such as testing or copying of the evidence.
SEQUENCE OF CHAIN CUSTODY
• The Scene (Arrival/Cordon the Area)
• Evidence (Marking/labels)
• Evidence Collector (Collecting the pieces of
evidence)
• Forensic Examiner (To examine the evidence/s)
• Evidence Custodian (To preserve and secure)
• Court Presentation (presentation of the evidence in
the court of law during hearing and trial process.
MAINTAINING THE INTEGRITY OF EVIDENCE
• Maintaining the chain of custody of evidence is
essential for determining the admissibility of evidence
in court, and should be respected.
COLLECTION AND PRESERVATION OF EVIDENCE
LEGAL PROCEDURES AND PROTOCOLS
1. Search Warrants - A search warrant is an order
signed by a judge that authorizes police officers to
search for specific objects or materials at a definite
location.
2. Arrests and Seizures - the legal term used to
describe a law enforcement agent’s examination of a
person’s home, vehicle, or business to find evidence
that a crime has been committed. If evidence is found,
the agent may then “seize” it.
CRIME SCENE INVESTIGATION
• Establishing the scope and boundaries of the crime
scene
• Locking down the crime scene
• Setting up crime scene perimeters
• Establishing a path of contamination
• Establishing crime scene security
DIGITAL AND ELECTRONIC EVIDENCE
Gathering and preserving data
1. Identification
2. Collection
3. Acquisition
4. Preservation
5. Analysis
Presentation and
Evaluation of Evidence
Role of Evidence in Various Legal Proceedings
Criminal Trials
• Criminal trials is to shed light
• Civil Trials, the cases in which private citizens sue
each other in court.
• Appeals, in appellate proceedings, evidence is
typically limited to what was presented and admitted in
the lower court on the circumstances surrounding a
crime.
• Administrative Proceedings, legal processes that
don't involve a judge. Usually, they're carried out by a
government body.
• Arbitration and Mediation, the Arbitrator listens to
facts and evidence and renders an award. The
mediator helps the parties define and understand the
issues and each side's interests.
Challenges and Controversies in Using Evidence
• Biases and Selective Reporting
• Conflicting Evidence
• Reproducibility Crisis
• Lack of Standardization
• Industry Influence and Conflict
IV. Inductive Argument
Argument
• A group of statements with the intention to prove
something. It consists of a premise and a conclusion.
Statement
• Sentence that is either true or false.
Argument Premise
• Evidence or statements that supports a conclusion.
Conclusion
• The statement that is implied by the premise.
Example
Voting fraud is out of control, and its a threat to our
democracy. Thus, voting ballot should be regulated
Premise 1: Voting fraud is out of control
Premise 2: and its a threat to our democracy
Conclusion: Thus, the voting ballot should be
regulated.
Inductive Argument
• An argument in which the premises are intended to
provide support, but not conclusive evidence, for the
conclusion. A logical thought pattern that moves from
specific proposition to general principles.
• If all its premises are true, the conclusion is possibly
true, or highly likely to be true, but not "necessarily"
true.
Inductive arguments are not truth-preserving".
Weak Inductive Argument
• An inductive argument in which the premises are
assumed to be true, then the conclusion is not probably
true.
Strong Inductive Argument
• An inductive argument in which the premises actually
do make the conclusion more likely to be true (rather
than false).
Example:
Premise 1: Golden Retrievers probably has fleas.
Premise 2: Golden Retriever is a dog.
Conclusion: Therefore, It follows that most dogs
probably have fleas.
Types of Inductive Argument
Generalized Argument
• Uses premises about the sample to draw general
conclusions about a larger population.
Statistical Generalization
• Based on a large (and usually a random) sample set
that used to support the conclusions.
Causal Inference
• Creates the causal (cause-and-effect) link between
the premise and the conclusion.
Analogical Argument
• An explicit representation of a form of analogical
reasoning that cites accepted similarities between two
systems to support the conclusion that some further
similarity exists.
Predictive Argument
• Involves making some predictions about the future
and the conclusion is drawn based on previously
known or past information.
Argument from ANTECEDENT PROBABILITY
Argument from ANTECEDENT PROBABILITY
• An argument that is employed in reasoning from
either present to the future, or from the past to the
present or the future.
ANTECEDENT PROBABILITY
Priori Argument - knowledge is obtained by analyzing
concepts independent of experience.
Posteriori Argument - knowledge is obtained through
experience.
AFFIRMING THE ANTECEDENT
• Claiming that the consequent must be true if the
antecedent is true.
ex. If it is golden retriever, then it is a dog. It is a golden
retriever. Therefore, it is a dog.
DENYING THE ANTECEDENT
• Claiming that the antecedent must be false if the
consequent is false.
ex. If it is golden retriever, then it is a dog. It is not a
golden retriever. Therefore, it is not a dog.
AFFIRMING THE CONSEQUENT
• Logical fallacy that involves taking a true statement
and assuming the converse form would be true as well.
ex. If it is golden retriever, then it is a dog. It is a
dog.Therefore, it must be a dog.
DENYING THE CONSEQUENT
• A concluding that the antecedent must be false based
on the fact that the consequent is false.
ex. If it is golden retriever, then it is a dog. It is not a
dog. Therefore, it cannot be a dog.
V. Deductive Reasoning
Deductive Reasoning
• It allows debaters to construct logical and persuasive
arguments by drawing conclusions from established
premises. By employing deductive reasoning, debaters
can present their case in a structured and systematic
manner.
How deductive reasoning is typically used
• Testing the validity of an argument
• Developing a logical structure
• Refuting opposing arguments
• Establishing a chain of reasoning
Syllogism
• A logical structure that consists of two premises and
a conclusion. It is a deductive reasoning tool used to
construct and evaluate arguments.
Example
Premise 1: All mammals are animals. (Major premise)
Premise 2: Dogs are mammals. (Minor premise)
Conclusion: Therefore, dogs are animals.
Rules of Syllogism
Rule of Major Premise
• The major premise must be a universal statement
that establishes a general relationship between
categories.
Example
All birds have feathers.
Rule of Minor Premise
• The minor premise provides specific information or
evidence that falls under the category established in
the major premise.
Example
Sparrows are birds.
Rule of Middle Term
• The middle is the term that appears in both the major
and minor but does not appear in the conclusion
Example
All birds have feathers, sparrows are birds,”
the term “birds” is the middle term.
Rule of Conclusion
• The conclusion logically follows from the major and
minor premises.
Example
Therefore, sparrows have feathers.
Rule of Quantity
• The quantity of the conclusion must match the
quantity of the premises. If the premises are universal,
the conclusion must be universal.
Example
If the major premise is “All birds have feathers” and the
minor premise is “Some sparrows have feathers,” the
conclusion must be “Some sparrows are birds,” which
is a particular statement.
Rule of Distribution
A term is said to be distributed if the statement refers
to all members of the category it represents.
Example
In the syllogism “All birds have feathers, sparrows are
birds,” the term “birds” is distributed because the major
premise refers to all birds.
Classes of Syllogism
Categorical Syllogism
• The most common type of syllogism used in
argumentation and debate. They involve statements
that make categorical claims about classes or
categories. Consist of three categorical propositions
the major premise, the minor premise, and the
conclusion.
Example
Major premise: All humans are mortal.
Minor premise: Socrates is a human.
Conclusion: Therefore, Socrates is mortal
Hypothetical Syllogism
• Involve conditional statements where one proposition
depends on another. They consist of two hypothetical
premises and a conclusion that follows from the
conditionality.
Example
Major premise: If it rains, the ground gets wet.
Minor premise: It is raining.
Conclusion: Therefore, the ground is wet.
Disjunctive Syllogism
Involve disjunctions, which are statements that present
two or more alternatives. The syllogism presents a
disjunction in the major premise and eliminates one of
the alternatives in the minor premise, leading to a
conclusive conclusion.
Example
Major premise: The cake is either vanilla or chocolate.
Minor premise: It is not vanilla.
Conclusion: Therefore, the cake is chocolate.
Dilemma
It is a complex form of syllogism that presents two
disjunctive statements as the major.
Example
Major premise: Either we raise taxes or cut spending.
Minor premise: Raising taxes is unpopular.
Conclusion: Therefore, we must cut spending.
Modified Forms of Syllogism
• Developed to enhance the structure and
effectiveness of arguments. These modified forms
introduce additional elements or conditions to the
traditional syllogistic structure.
Extended Syllogism
• A syllogistic argument that includes multiple
premises in addition to the traditional major and minor
premises. These additional premises provide further
evidence or support for the conclusion.
Enthymeme
• An abbreviated form of a syllogism where one of the
premises or the conclusion is left implicit or unstated.
Enthymemes are commonly used in persuasive
discourse to appeal to the audience’s knowledge or
common understanding.
Probabilistic Syllogism
• Introduces probabilistic or statistical reasoning into
the syllogistic structure. Instead of making categorical
claims, these syllogisms involve statements that deal
with likelihood or probability.
VI. Fallacies
Fallacies of Argument
• Don't allow for the open, two-way exchange of ideas
upon which meaningful conversations depend.
Instead, they distract the reader with various appeals
instead of using sound reasoning.
Divided into Three Categories
• Emotional - unfairly appeal to the audience's
emotions.

• Ethical - fallacies unreasonably advance the writer's

own authority or character.

• Logical - depend upon faulty logic.

List of Emotional Fallacies

• Sentimental Appeals use emotion to distract the
audience from the facts.

• Red Herrings use misleading or unrelated evidence

to support a conclusion.

• Scare Tactics try to frighten people into agreeing with

the arguer by threatening them or predicting
unrealistically dire consequences.

• Slippery Slope arguments suggest that one thing will

lead to another, oftentimes with disastrous results.

List of Ethical Fallacies

False Authority asks audiences to agree with the
assertion of a writer based simply on his or her
character or the authority of another person or
institution who may not be fully qualified to offer that
assertion.

Guilt by Association calls someone's character into

question by examining the character of that person's
associates.

Dogmatism shuts down discussion by asserting that

the writer's beliefs are the only acceptable ones.

Moral Equivalence compares minor problems with

much more serious crimes (or vice versa).

Ad Hominem arguments attack a person's character

rather than that person's reasoning.

Strawperson arguments set up and often dismantle

easily refutable arguments in order to misrepresent an
opponent's argument in order to defeat him or her

List of Logical Fallacies

Hasty Generalization draws conclusions from scanty
evidence.

Faulty Causality (or Post Hoc) arguments confuse

chronology with causation: one event can occur after
another without being caused by it.

A Non Sequitur (Latin for "It doesn't follow") is a

statement that does not logically relate to what comes
before it. An important logical step may be missing in
such a claim.

Equivocation is a half-truth, or a statement that is

partially correct but that purposefully obscures the
entire truth.

Begging the Question occurs when a writer simply

restates the claim in a different way; such an argument
is circular.

Faulty Analogy is an inaccurate, inappropriate, or

misleading comparison between two things.