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Natural law understood by the Romans, moderns, and Rousseau
Romans: Rules for common preservation of animate beings, applied indiscriminately to men and other animals
Moderns: Has many unique definitions based on vague, complex principles, applied to moral beings
Rousseau: Believes modern law of nature can only be understood by a select few who have undergone/developed in an enlightenment. States that natural law is based on two principles: self-preservation/wellbeing, and an apathy for seeing others suffer (pity)
Rousseau-rules of natural right
Everyone attends to their own wellbeing while causing minimal harm to others
Natural inequality
Physical inequality (size/age)
Moral inequality
Inequality concerning ideas, i.e. wealth, power, fame
Self love (amour de soi)
An innate motive, the desire to do what you need to do to surviveâlimited by pity
Amour-propre
Not to be confused with self-love, the desire to be seen positively by others for the qualities/things you value in yourself, develops during Age of Gold
Perfectability
Capacity/potential to develop reason
Pity
Pain at the sight of otherâs suffering
Rousseau-natural goodness of man
Pity keeps men in SofN from causing unnecessary harm
Maxim of reasoned justice
Do unto others as you would like them to do unto you
Rousseau: maxim of natural goodness
Do your good with the least possible harm to others
Three moments in state of nature, divided by three revolutions
Pure state of nature: first revolution brings about family, settlement, languages, man focuses on true needs exclusively
Gold Age (Nascent Society): Birth of amour propre, evil, competition/consideration/deception, second revolution brings about division of labor, claims to property, economic growth, material dependence for survival. Amour propre can manifest as greed/ambition, bringing aboutâŚ
State of War: all against all war, reason>pity, ended by third revolution: civil society established by consent, government is established with collective holding sovereign
Three moments in civil society and the transitions that divide them
Civil society without government: body politic establishes fundamental, general laws by consent and reciprocal agreement
Legitimate government: Established by consent, magistrates w/ power in political scenarios, elective democracy that follows 3 rules:
follow general will
individual wills conform to general will
support, not just protect, public need
Despotism: Created by corrupting, compounding inequalities, and sustained by ambition of leader to lord over others and lower officials to rule over those below them
General will
Body politic addressing common good making laws
Rousseauâs origin of property rights
The general will-the first civil society was established when someone took claim to land and everyone else agreed
Rousseau-fundamental maxim of political right
âIf he have a prince, it is so that he may preserve us from having a masterââpeople elect leaders to preserve themselves from enslavement
Rousseau-domestic (private) economy
âGovernmentâ of the household, where, for instance, paternal power is rightfulâconsulting oneâs heart is rightful
Rousseau-Political economy
To be profoundly dictated by general will, specifically by leader through lawsâteaching individuals to act consistently with their own judgement, consulting heart as a leader is treasonous
Sovereignty: Rousseau v. Hobbes
Rousseau: collective possess sovereignty and apply it according to general will (including electing leaders to some extent)
Hobbes: Leader (King) is sovereign and possesses arbitrary, absolute power: leader creates âgood lawsâ
Government: Rousseau v. Locke
Rousseau: Government furnishes and supports public need instead of just protecting it
Locke: Protecting right to property through stable, clear law and fair punishment
Agree that public possesses some level of sovereignty, electoral powers of some sort
Three rules of political economy
Follow general will
More specific wills should align with general will
Support/provide for public need, donât just defend it
Rousseauâs virtue
Conformity of individual wills with general will
Tocquevilleâs social state
Regime
Tocquevilleâs democracy
Social state of equality
Tocquevilleâs aristocracy
Social state of legitimate, natural inequality (not degrading if you donât acknowledge leader), and is never returning
Tocquevilleâs popular sovereignty
Furnishes âhappy equalityâ of democracy
Advantages of small states, large states, federal systems
Small states: efficiency/convenience, easier to issue/execute law and also to attain democracy (Rousseau: Geneva)
Large states: administrative decentralization furnishes liberty and makes people feel like theyâre âownersâ
Federal systems: allow big state powers to be controlled in one place while also delegating power to smaller areas and allowing individuals to feel like they are owners
Marx: four aspects of alienation
Workers are alienated from the product of their labor
Workers are are alienated from productionâit becomes an ends to a means rather than the satisfaction of a need
Workers are alienated from their âspecies-lifeâ as humans. They do not make nature their (individual) organic body for survival
Workers are alienated from each other.
Species being/life
Humans live freely by their own will and consciousness. They wake up and want to make the world a better place, and use the raw materials of nature to survive and better their lives.
Crude, unthinking communism
First stages of communism post revolution. Abolition of private property, nationalizing, no inheritance, heavy taxes, all should work, abolition of family. Still sees some living a capitalist life. Communism with marriage
Complete communism
More developed communism, after division of labor has been overcome. âRiddle of history solved,â meaning inequality and self-understanding, living with meaning and plentitude in harmony
Three aims of communist revolution
Abolish private property
Abolish family
Abolish the country/nationality as itâs known
Marxist idealism
How the material world adheres to ideas, considers sensuous human activity
Materialism
All institutions stem from economic activity of the ruling class
Historical materialism
Humans are producers: thus, history begins when human beings begin to produce
Dialectical movement of history
Next historical movement arises from preceding one
first goodâthen a problemâreplaced
Marx-Ideology
Has no history since it is only the reflections of the ruling class at each age
Base
Material structure
Superstructure
Everything that follows base
Marx-The state/political power
Organization/organizational power of the means of production
Bourgeoisie
Owners, 1%
Proletariat
âEnslavedâ wage workers, 99%
Capital
Wealth that grows as it is circulated
Classical conceptions of property
Tribal ownership, undeveloped division of labor with low population and lots of uncultivated land
Develops into communal/state ownership, many tribes joining together in a cityâcommunal private property of citizens keeps them associated and above growing population of slave
Feudal property
Hierarchical ownership of land, with serf labor and labor as a whole becoming property of owners/lords
Utopian socialism
A socialist state without any control or conflict resolution
Scientific socialism
Socialism as an inevitable outcome of dialectical history
Mill: social tyranny
Repression/judgement of othersâ opinions, requires moral conviction not to practice
Abstract right
A right without understanding why it is important/a right, i.e., no causation
Mill-Utility
Usefulness i.e. the benefits of freedom
Utilitarianism
Actions in proportion with happiness as the end goal and only value
Harm principle
The only rightful societal interference in individualâs freedom is to prevent harm to others
Self-regarding actions
Actions that only effect the individual conducting them
Other-regarding actions
Others that effect (harm) others
Freedom of speech, press
Defense against overbearing individuality, freedom of speech leads to discovery of the truth
no one knows the truth
censorship could prevent the truth from being discovered
no one idea is the complete truth
Spirit of liberty
Not too sure itâs right
Dead dogma
Undebated truth that is held as prejudice
Mill-Freedom of action
Individuals are free to pursue their own good up to the point that it harms others
Rousseau-economic freedom
Free market is essential for human progress, intervention when many are in need
Individuality
Recent expression from new idea, in its wrong form, erroneous judgement leading to apathy and withdrawal from society. Not the same as selfishness