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Law, Politics and the State 941122c
The three bodies of state authority 941122
The evolution of western politics since the 16th century 941122e
Types of state and their limitations g980916
Seven Ideological Types 941125
The Nature of Political Philosophy 941122d
500 years of genocides 940918 (ggcyog)

941122c

Law, Politics and the State

Based on Laski H (1931,1961) Introduction to Politics; George Allen and Unwin

Traditionally people have justified the institutional system under which they live in one of three ways:

Theology

Law is a body of divine rules given to those who live under them by a god or gods, and worthy, accordingly, of obedience because of their divine inspiration. Men are asked to obey them because divine anger will follow their infraction. eg the Code of Hammurabi, the Law of Moses.

Ancient Custom

At one remove from God-given Law is the idea of law as a body of ancient customs preserved by a priestly class and demanding the obedience of men through fear of divine displeasure if they are broken.

Natural Law

Obedience to the law is recommended on the ground that its principals are born of the ultimate nature of things, and that men's behaviour ought, accordingly, to conform to them. eg Roman jurisprudence, the cosmological view of Thomas Acquinas and the theories of Kant and Hegel.

The above justifications put the roots of law outside the control of man. Such systems were used to justify social orders in which the many lived for the benefit of the few (eg, for Hegel, freedom was found in obeying the King of Prussia!)

Democracy

It is now more common to believe that the law cannot be binding upon people unless they consent to make it so; otherwise, it is naked coercion and cannot be given any ethical foundations.

Such thinking is based on the concept of the social contract whereby people agree to make the state and to endow it with the power to issue orders. The major problems with this line of thought are:

bulletexisting states evolved - they were not created by social contract.
bullethow to deal with dissenting minorities?
bullethow to deal with representation when the state becomes big?
bulletdesigning peaceful mechanisms whereby consent may be revoked.

 

NB
bulletWhat of the case where consent is 'manufactured' by education and the media ie Gramsci's concept of 'elegant power' (hegemony)?
bulletHobbes reckoned that power should, and Locke that it should not, be unlimited and irrevocable. Rousseau reckoned that the state should be conducted by permanent referendum

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941122

The Three Bodies of State Authority

Legislature

The body which lays down the rules

Executive

The body which carries out the rules

Judiciary

The body which sits in judgement when (a) citizen v executive and (b) citizen v citizen

The "rules" form the constitution which can exist in four formats:

  written unwritten
rigid USA  
flexible   UK

 

bulletRigidity is ultimately undesirable because circumstances change.
bulletA written constitution is preferable because it forms a more solid basis for debate.
bulletThus a flexible, written constitution would be best so long as safeguards were established to ensure broad, popular consent to amendations.

 

NB
bulletWhat happens to the concept of democracy when, through control of the media, the few are able to 'manufacture the consent' of the many?

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941122e

The Evolution of Western Politics since the 16th Century

Based loosely on Thomson D (1966 Ed) Political Ideas; Penguin

Most features of the contemporary, western, political scene can be enlightened by reference to historical developments since the 16th century. The increasing prominence of the concept of "individualism" is a key feature. The following four stage typology grasps the major themes:

16-17th centuries - The Creation of Political Sovereignty

bulletseparate secular governing authorities within distinct territorial areas
bulletindependence of empire from external church
bulletsuperiority of sovereign over all other internal lordships

Machiavelli (1459-1517); Luther (1483-1546); Hobbes (1588-1679)

17-18th centuries - The Social Contract Concept

bulletchanged relationship between the sovereign power and the citizen
bulletthe rule of law and the need for the consent of the governed
bulletorigins of the liberal and constitutional traditions
bullet1776 The American Declaration of Independence
bullet1789 The French Revolution

Locke (1632-1704); Montesquieu (1689-1755); Rousseau (1712-78); Paine (1737-1809)

18-19th centuries - The Origins of Nation States

bulletdemocratic & industrial revolutions lead to nationalism
bulletin 1810 only 15 of today's 165 states existed
bullet1870-71 political unifications of Germany and Italy

Burke (1729-97); Hegel (1770-1831); Mazzini (1805-72)

19-20th century - Liberal Democracy

bulletsupport for the individual against excessive governmental authority
bulletreaction to the tyranny of mass opinion in urban, industrialised society

J S Mill (1806-73); Spenser (1820-1903)

19-20th century - Revolutionary Communism

bullet1848 The Communist Manifesto
bullet1918 Formation of the USSR
bullet1949 Formation of the People's Republic of China

Marx (1818-83); Lenin (1870-1924); Mao (1893-1976)

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g980916

Types of State and their limitations

Based on Mayoux L & Johnson H (1994) Working for Development - Study Guide; Open University T532

There is no evidence to suggest that democracy and socio-economic development are causally linked eg throughout history and in more recent times non-Democratic states have achieved high levels of GNP per capita.

This begs the question of the function of a state. The following table lists the characteristics of four types of states and notes some of their limitations.

Liberal democratic

Competition (through elections and multiple parties) for political offices, at regular intervals, excluding the use of force Voting in national elections does not imply empowerment of women and men locally to control the decisions and actions that fundamentally affect their lives.

Marxists have argued that the procedural guarantees and freedoms are illusory; workers and peasants in capitalist democracies cannot vote to not have capitalism, and capitalism serves the narrow interests of the bourgeoisie.

Participation of citizens in politics through various forms of collective action at different levels
Accountability of rulers to the ruled through modes of representation and the rules of law
Civil and political liberties sufficient to ensure the integrity of participation, competition and accountability

Semi-democratic

Competitive elections involving more than one political party One 'dominant' party usually wins and gains government
Some political participation through business associations and other interest groups Local participation is closely controlled and monitored by the dominant party and state apparatus
There are civil and political liberties But they are qualified to some extent

Non-democratic - Military Rule

Where the armed forces or a military-controlled civilian party is dominant, usually as a result of a coup d'etat. Officers in the armed forces then place their own people in key posts at various levels within the state apparatus. There is often political instability as the regime grapples with the twin problems of political legitimacy and bureaucratic control.
The military initially provides the political leadership in the regime to which the state bureaucracy is accountable.
Later, military leaders either sponsor a political party or eventually, as citizens, lead one themselves

Non-democratic - Socialist

Strong leaderships attempt to mobilise the entire society through the party and state apparatus for the purposes of nation building and social reconstruction in accordance with socialist ideology Tends to have a totalitarian dimension as it tries to encompass the whole society

What can you say about the political persuasions of those who constructed this table?

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941125

Seven Ideological Types

Based on Derbyshire JD and Derbyshire I (1991) World Political Systems; Chambers

An ideology is a body of ideas which reflects the beliefs and values of a nation and its political system.

In the 16th century the prevalent ideology was Absolutism (the divine right of kings) but the philosophy of the social contract and of the need for consent led to the alternative broad ideologies of Liberal Democracy and Communism; however, since the collapse of communism, many see an ineluctable global movement towards a mixed-economy form of liberal democracy.

As of 1991 there were 165 nation states which, before the major changes in Eastern Europe, could be categorised as belonging to seven ideological groups:

Ideological Type

Nos.

% of Pop

Examples

Liberal Democracy

50

33%

UK, USA, India

Emergent Democracy

51

22%

Spain, Panama, Uganda

Communism

08

31%

USSR, Cuba, China

Nationalistic Socialism

16

03%

Iraq, Ethiopea, Tanzania

Authoritarian Nationalism

12

06%

Iran, Zaire, Indonesia

Military Authoritarianism

14

04%

Paraguay, Sudan, Burma

Absolutism

12

01%

Kuwait, Brunei, Swaziland

 

bulletIn a Liberal Democracy there are rights to representative government and to the enjoyment of individual freedom. An Emergent Democracy is one approaching "liberal" status but with some lingering instabilities.
bulletPure Communist ideology (Marx/Engels) seeks to abolish private property and class distinctions and works towards the day when the state "withers away". In fact most communist states (Marxist/Leninist) adopted a form of Socialism wherein the state was the "vanguard of the proletariat" and practiced a highly centralised form of governmental control of the economy.
bulletNationalistic Socialism is often based on Marxist/Leninist thought but is highly adapted to differing cultural and economic contexts. Most countries in this category are poor and have a charismatic leader at the head of a single party which promotes a somewhat mixed economy.
bulletAuthoritarian Nationalism is typified by the one party state wherin the consent of the citizens to the will of the party is not deemed overly important. Military Authoritarianism occurs where the military rather than the party is the autocratic base.
bulletAbsolutism is the ideology of the Divine King. Consent and representation are not present. There is no constitution. The sovereign power (often hereditary) dictates.

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941122d

The Nature of Political Philosophy

Brown A (1986) Modern Political Philosophy: theories of the just society; Pelican

The need for political philosophy is ... linked to the Socratic project of examining one's life.

It may be going too far to say that the unexamined life is not worth living, but if reason and wisdom have any value then such a life will be less than satisfactory. And to ignore the political dimension of life is to adopt a position which is inadequate in practice.

Political inquiry may thus be understood as the completion of our project of practical reasoning, the search for practical wisdom. (Brown (1986))

 

 

 

 

 

 

 

 

 

 

 

 

 

 

There are four areas of concern in Political Philosophy:

bulletMeaning: What is the meaning and function of the concepts characteristic of practical discourse ("good", "right", "ought", "must" etc). What do we mean or imply when we state that something, say a society, is good or well ordered, for example?
bulletMethod: How do we determine what considerations are relevant, and in what way, in evaluating competing practical options? What kind of argument may we use? What kind of evidence may we appeal to?
bulletMetaphysics: Here we inquire into the presuppositions of practical thought and discourse, and examine their consistency or otherwise with the presuppositions of our other ways of thinking (eg science or religion). We would hope that our procedures in these various spheres are at least consistent.
bulletApplication: Deciding how to answer a question is not the same as answering it. Method has to be applied, theory converted into practice. Here we ask, and try to answer, the question: "What actions or organizational forms are good or right?"

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940918 (ggcyog)

500 Years of Genocides

Diamond J (1991) The rise and fall of the third chimpanzee - how our animal heritage affects the way we live; Vintage

The following table is based on data presented in Diamond's book, The Rise and Fall of the Third Chimpanzee. The table is not of necessity complete and not totally up to date. There is also a problem in defining genocide eg when Americna settlers killed the last 20 Susquehanna Indians in 1763 - was that genocide or just a fairly minor mass murder, despite the completeness of the extermination?

The key to the number of dead in each case is:

x = less than 10,000
xx = 10,000 or more
xxx = 100,000 or more
xxxx = 1,000,000 or more
xxxxx = 10,000,000 or more

 

Date

Dead

Victims

Killers

Place

1492-1600

xxxx

Caribbean Indians

Spaniards

West Indies

1497-1829

x

Beothuk Indians

French

Newfoundland

1498-1824

xxxx

Indians

Spaniards

C & S America

1572

xx

Protestants

Catholics

France

1620-1890

xxxx

Indians

Americans

US

1652-1795

xx

Bushmen, Hottentots

Boers

S Africa

1745-1770

xx

Aleuts

Russians

Aleutian Islands

1788-1928

xxx

Aborigines

Australians

Australia

1800-1876

x

Tasmanians

Australians

Tasmania

1835

x

Morioris

Maoris

Chatham Islands

1870s

xx

Araucanian Indians

Argentinians

Argentina

1904

xx

Hereros

Germans

S W Africa

1915

xxxx

Armenians

Turks

Armenia

1917-1920

xx

Jews

Ukranians

Ukraine

1929-1939

xxxxx

political opponents

Russians

Russia

1939-1945

xxxxx

Jews, Gypsies etc

Nazis

Europe

1940

xx

Polish Officers

Russians

Katyn

1941-1945

xxx

Serbs

Croats

Yugoslavia

1943-1946

xxx

ethnic minorities

Russians

Russia

1947

xxx

Moslems, Hindus

Hindus, Moslems

India, Pakistan

1955-1972

xxx

S Sudanese

N Sudanese

Sudan

1957-1968

xx

Indians

Brazilians

Brazil

1962-1963

xx

Tutsi

Hutu

Rwanda

1964

x

Arabs

Blacks

Zanzibar

1965-1967

xxx

communists & Chinese

Indonesians

Indonesia

1966

x

Ibos

N Nigerians

Nigeria

1970s

x

Ache Indians

Paraguayans

Paraguay

1971

xxxx

Bengalis

Pakistan Army

Bangladesh

1971-1979

xxx

Ugandans

Idi Amin

Uganda

1972-1973

xxx

Hutu

Tutsi

Burundi

1975-1976

xx

Timorese

Indonesians

East Timor

1975-1979

xxxx

Cambodians

Khmer Rouge

Cambodia

1975-1990

xx

Moslems, Christians

Christians, Moslems

Lebanon

1976-1983

xx

Argentine civilians

Argentine army

Argentina

1977-1979

xx

opponents

dictator

Equatorial Guinea

1978-1979

x

opponents

Emperor Bokassa

Central African Republic

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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