Philosophy 11.03. 25 (first period)

Introduction to Political Philosophy

• The discussion revolves around the nature of the state, societal rules, and historical perspectives.

Leviathan: The Biblical Creature

• The Leviathan is a massive sea creature mentioned in the Old Testament.

• It symbolizes the extreme force and power that can consume individuals.

• Represents a metaphor for state authority and personal submission to societal rules.

Formation of States According to Political Theorists

Two Fundamental Ways of State Formation (Paul)

• Free Agreement:

  • Citizens voluntarily lay down arms to form a state.

• Force:

  • In a state of nature, a powerful individual can enforce order, thereby creating a state.

  • This reflects Thomas Hobbes’s view that states mostly form through force rather than voluntary agreement.

Hobbes's Interpretation of Power and Order

• Enforcement of Order:

  • Life without an enforcing entity is deemed worse (Hobbes' belief).

  • States must establish authority to avoid chaos.

• Perception of Authority:

  • Once established, the population rationalizes the state’s authority, despite it being born from force.

Sovereignty and Legal Responsibility

Limits of Sovereign Power

• A sovereign cannot reverse the social contract without consequences.

• Actions taken by state leaders can be seen differently in public versus private capacity.

  • Example:

    • A president committing a crime in their personal life can be held accountable (e.g., hypothetically comparing Donald Trump’s actions).

War Crimes and International Law

Accountability and Enforcement

• Leaders might be accused of war crimes (e.g., Vladimir Putin), but enforcement largely depends on the political willingness of states.

  • The international legal system often lacks real power to enforce rulings, rendering actions symbolic.

• United States as an Example:

  • Occasionally pursues war crime accusations against its soldiers.

  • Case: Abu Ghraib prison during the Iraq war, where soldiers were accused of torture and humiliation of prisoners.

  • The incident included horrific acts, including desecration of religious texts.

  • Resulted in dishonorable discharges for involved soldiers, highlighting the sovereign's role in legal ramifications.

Conclusion: Nature of Law and Sovereignty

• The existence of a sovereign is essential for enforcing laws.

• In a 'state of nature,' individuals cannot theoretically commit wrongs as survival means and actions depend on personal judgment.

• The discussion emphasizes that without a sovereign, law enforcement on an international level remains largely ineffective.